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LEGISL ATIVE

HISTORY
( AT IBA PA )
GROUP 2
B A S I L | C A N TA | D A W E G | L I A G O N
PA R - O G A N | T U M I G U I N G
LEGISL ATIVE
HISTORY
LEGISLATIVE HISTORY

A term that refers to the documents produced by


Congress as a bill is introduced, studied and debated
Example of legislative documents: Committee reports,
Floor debates, Committee hearings
These documents are produced in the process of passing a
bill
USE OF LEGISLATIVE HISTORY
To discover sources of information about a legislators
intent in enacting a law
LEGISLATIVE HISTORY OF A STATUTE
A unique form of secondary legal authority
Not binding on courts in the way that primary authority is.
Legislative history as a second authority is used only to
decrypt the premise meaning behind an ambiguous statute.
Generally, committee reports have the most weight.
Remarks during the floor debates have the least value.
NOTE:
Legislative history includes earlier and
similar bills introduced but not passed by
the legislature
THE PRESENT
PHILIPPINE
CONGRESS
THE FEBRUARY 1986 REVOLUTION
PEOPLE POWER REVOLUTION
1986 EDSA RevolutionThe world-famed bloodless coup of February 22-25,
1986 ushered in a new political regime. President Corazon Aquino, backed by a
coalition of forces from both ends of the political spectrum, forged a new
government, triggering a chain of events that dramatically changed the political
landscape of the country and signalled the rebirth of democracy. These
political changes were: the abolition of the Batasang Pambansa following the
proclamation of a new revolutionary government; the organization of a
Constitutional Commission that drafted a new charter which, in turn, was
ratified in February 1987; the rebirth of the old bicameral system; and the
election of Members to the new Congress.
THE NEW CONGRESS
The new Congress has the biggest membership and is probably the most
powerful among its predecessor legislatures. The Constitutional Commission
(ConCom) clothed it with vast powers to perform a wider and more dynamic
role. This fact is partly reflected in the Charter itself, which devotes 32 sections
to the legislative department compared with only 23 for the executive and 16
for the judicial departments.
The new bicameral Congress consists of the Senate and the House of
Representatives. The upper chamber or the Senate is composed of 24
Members elected at-large by the qualified voters of the Philippines. On the
other hand, the lower chamber or the House of Representatives is composed
of:
"not more than 250 Members, who are elected from
legislative districts apportioned among the provinces, cities
and the Metropolitan Manila area in accordance with the
number of inhabitants, and on the basis of a uniform and
progressive ratio and those, as provided by law, elected
through a party-list system of registered national, regional
and sectoral parties or organizations".
[Sec. 5(1), Art. VI, 1987 Philippine Constitution]
HOW L AWS ARE
MADE
T YPES OF
LEGISL ATION
THE TYPE OF MEASURES THAT
CONGRESS MAY CONSIDER
AND ACT UPON (IN ADDITION
TO TREATIES IN THE SENATE)
INCLUDE BILLS AND THREE
KINDS OF RESOLUTIONS
1. BILLS
These are general measures, which if passed upon, may become laws.
A bill is prefixed with S., followed by a number assigned the measure
based on the order in which it is introduced. The vast majority of
legislative proposalsrecommendations dealing with the economy,
increasing penalties for certain crimes, regulation on commerce and
trade, etc., are drafted in the form of bills. They also include
budgetary appropriation of the government and many others. When
passed by both chambers in identical form and signed by the
President or repassed by Congress over a presidential veto, they
become laws.
2. JOINT RESOLUTIONS
A joint resolution, like a bill, requires the approval of both
houses and the signature of the President. It has the force
and effect of a law if approved. There is no real difference
between a bill and a joint resolution. The latter generally is
used when dealing with a single item or issue, such as a
continuing or emergency appropriations bill. Joint
resolutions are also used for proposing amendments to the
Constitution.
3. CONCURRENT RESOLUTIONS
A concurrent resolution is usually designated in the Senate
as S. Ct. Res. It is used for matters affecting the operations
of both houses and must be passed in the same form by
both of them. However, they are not referred to the
President for his signature, and they do not have the force of
law. Concurrent resolutions are used to fix the time of
adjournment of a Congress and to express the sense of
Congress on an issue.
4. SIMPLE RESOLUTIONS
It is usually designated with P. S. Res. A simple resolution deals with
matters entirely within the prerogative of one house of Congress,
such as adopting or receiving its own rules. A simple resolution is not
considered by the other chamber and is not sent to the President for
his signature. Like a concurrent resolution, it has no effect and force
of a law. Simple resolutions are used occasionally to express the
opinion of a single house on a current issue. Oftentimes, it is also
used to call for a congressional action on an issue affecting national
interest.
IN COMMITTEE
The standing committees of the Senate, operating as little legislatures, determine the fate of
most proposals. There are committee hearings scheduled to discuss the bills referred.
Committee members and staff frequently are experts in the subjects under their jurisdiction,
and it is at the committee stage that a bill comes under the sharpest scrutiny. If a measure is to
be substantially revised, the revision usually occurs at the committee level.
A committee may dispose of a bill in one of several ways: it may approve, or reject, the
legislation with or without amendments; rewrite the bill entirely; reject it, which essentially kills
the bill; report it favorably or without recommendation, which allows the chamber to consider
the bill at all. It must be noted that under Section 29, Rule XI of the Rules of the Senate, if the
reports submitted are unfavorable, they shall be transmitted to the archives of the Senate,
unless five Senators shall, in the following session, move for their inclusion in the Calendar for
Ordinary Business, in which case the President shall so order.
COMMITTEE REPORTS
A committee report describes the purpose and
scope of the bill, explains any committee
amendments, indicates proposed changes in
existing law and such other materials that are
relevant. Moreover, reports are numbered in the
order in which they are filed and printed.
MINUTES OF
COMMITTEE
MEETING
LEGISL ATIVE
REPORTS
LEGISL ATIVE
JOURNALS
LEGISLATIVE JOURNALS
17 CONGRESS
TH

JOURNAL NO. DATE FILE


Journal No. 28 2017-09-25 [PDF, 941k]
Journal No. 27 2017-09-20 [PDF, 914k]
Journal No. 26 2017-09-19 [PDF, 842k]
Journal No. 25 2017-09-18 [PDF, 863k]
Journal No. 24 2017-09-13 [PDF, 925k]
Journal No. 23 2017-09-12 [PDF, 943k]
Journal No. 22 2017-09-11 [PDF, 1019k]
Journal No. 21 2017-09-08 [PDF, 984k]
Journal No. 20 2017-09-07 [PDF, 982k]
BICAMERAL
COMMITTEE
REPORTS
PRIVILEGE
SPEECHES
BASES OF THE PRIVILEGE
Privilege speech is a parliamentary privilege enjoyed by a Member of
Congress provided in Section 11, Article VI of the Constitution. It
states as follows:
Sec. 11. A Senator or Member of the House of Representatives
shall, in all offenses be punishable by not more than six years
imprisonment, be privileged from arrest while the Congress is in session. No
Member shall be questioned nor be held liable in any other place for any
speech or debate in Congress or in any committee thereof.
RULES OF THE SENATE
Sec 110, Rule XL, Rules of the Senate:
Sec. 110. After the consideration of the matters contained in the
Calendar for Special Orders, a Senator may forthwith request for and avail of the
privilege to speak for one (1) hour on any matter of public interest.

If more than one Senator wish to avail of the same privilege, the Senator who
first announced his intention shall be given priority.
The period of time allowed in this section may, upon motion of the Senator on
the floor be extended for such time as may be necessary for him to finish his
speech unless a majority of all the Senators vote against such extension.
PURPOSE OF THE PRIVILEGE
Members of the Congress cannot be prosecuted for any words spoken in
debate or in connection with voting or used in written reports or with things
generally done in a session of either House in relation to the business before
it.
This protection is extended to them during the session on the occasion of the
exercise of their functions either in their respective chambers or in joint
assembly, or in committees or commission.
The purpose is to enable them as representatives of the people to execute the
functions of their office without fear of prosecution, civil or criminal.
PERSONAL AND COLLECTIVE
A question of privilege consists of a question affecting the rights of the Senate
collectively or of its members individually including its privileges, reputation,
conduct, decorum, dignity and integrity of proceedings.
A Senator may rise to a question of personal privilege at any time, but he
cannot interrupt or take another Senator from the floor for that purpose
without the latters consent. However, the reading of the Journal cannot be
interrupted by a question of personal privilege neither can a question of
privilege be raised when there is no quorum or when the roll is being called.
FRANKING PRIVILEGE
REPUBLIC ACT NO. 69
Section 1:
All mail matter of Senators and of members of the House of Representatives of
the Philippines, addressed for delivery within the Philippines, shall be received,
transmitted and delivered in the mails of the Philippines free of postage: Provided,
that each such mail matter when addressed to persons or offices other than
government officers or offices shall not exceed one hundred and twenty grams in
weight.

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