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10 Rules of Statutory Construction

The document outlines the 12 step process for how a bill becomes a law in the Philippines. It describes the stages a bill goes through, including introduction, committee consideration, readings and votes in both the House of Representatives and Senate, reconciliation if amended between chambers, transmittal to the President, and actions if approved or vetoed. Key stages include public hearings and committee review, three readings and votes in each chamber, a possible conference committee, signature by legislative leaders, and final action by the President.

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350 views3 pages

10 Rules of Statutory Construction

The document outlines the 12 step process for how a bill becomes a law in the Philippines. It describes the stages a bill goes through, including introduction, committee consideration, readings and votes in both the House of Representatives and Senate, reconciliation if amended between chambers, transmittal to the President, and actions if approved or vetoed. Key stages include public hearings and committee review, three readings and votes in each chamber, a possible conference committee, signature by legislative leaders, and final action by the President.

Uploaded by

Mildred Duran
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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10 RULES OF STATUTORY CONSTRUCTION:

1. Plain Language Rule- apply it as it is. If contrary is provided, go to the intent.


2. Legislative History- check the language/intent of previous laws.
Ex: rules of citizenship (Constitution)
3. Constitutional Presumption-constitutional vs unconstitutional
4. Contextual reading- it should be read as a whole
5. Prospective application- statutes should move forward.
XPN: remedial and curative instances
6. The recent one’s control over the earlier ones
7. The specific prevails over general-specific law prevails
Ex: TRPC (gen law) vs R.A. 3029 (anti-graft and practices act)
8. In pari materia- Statutes with the same content/intent
9. Ejusdem Generis- the court will only assume things that are similar to the things listed.
Ex: Rule 138 of the RC grounds to the disbarment of lawyers. “Any other violations of the oath.”
10. Expressio Unius est Exclusio Alterius- the mention of one thing excludes all others.
Ex: Statutes with exclusive list.

BILL TO LAW

1. PREPARATION OF THE BILL

The Member or the Bill Drafting Division of the Reference and Research Bureau prepares and drafts the bill
upon the Member's request.

2. FIRST READING

1. The bill is filed with the Bills and Index Service and the same is numbered and reproduced.
2. Three days after its filing, the same is included in the Order of Business for First Reading.
3. On First Reading, the Secretary General reads the title and number of the bill. The Speaker refers the bill
to the appropriate Committee/s.

3. COMMITTEE CONSIDERATION/ACTION

1. The Committee where the bill was referred to evaluates it to determine the necessity of conducting
public hearings.
If the Committee finds it necessary to conduct public hearings, it schedules the time thereof, issues
public notics and invites resource persons from the public and private sectors, the academe and experts
on the proposed legislation.
If the Committee finds that no public hearing is not needed, it schedules the bill for Committee
discussion/s.
2. Based on the result of the public hearings or Committee discussions, the Committee may introduce
amendments, consolidate bills on the same subject matter, or propose a subsitute bill. It then prepares
the corresponding committee report.
3. The Committee approves the Committee Report and formally transmits the same to the Plenary Affairs
Bureau.

4. SECOND READING

1. The Committee Report is registered and numbered by the Bills and Index Service. It is included in the
Order of Business and referred to the Committee on Rules.
2. The Committee on Rules schedules the bill for consideration on Second Reading.
3. On Second Reading, the Secretary General reads the number, title and text of the bill and the following
takes place:

a. Period of Sponsorship and Debate


b. Period of Amendments
c. Voting which may be by:

i. viva voce
ii. count by tellers
iii. division of the House; or
iv. nominal voting

5. THIRD READING

1. The amendments, if any, are engrossed and printed copies of the bill are reproduced for Third Reading.
2. The engrossed bill is included in the Calendar of Bills for Third Reading and copies of the same are
distributed to all the Members three days before its Third Reading.
3. On Third Reading, the Secretary General reads only the number and title of the bill.
4. A roll call or nominal voting is called and a Member, if he desires, is given three minutes to explain his
vote. No amendment on the bill is allowed at this stage.

a. The bill is approved by an affirmative vote of a majority of the Members present.


b. If the bill is disapproved, the same is transmitted to the Archives.

6. TRANSMITTAL OF THE APPROVED BILL TO THE SENATE

The approved bill is transmitted to the Senate for its concurrence.

7. SENATE ACTION ON APPROVED BILL OF THE HOUSE

The bill undergoes the same legislative process in the Senate.

8. CONFERENCE COMMITTEE

1. A Conference Committee is constituted and is composed of Members from each House of Congress to
settle, reconcile or thresh out differences or disagreements on any provision of the bill.
2. The conferees are not limited to reconciling the differences in the bill but may introduce new provisions
germane to the subject matter or may report out an entirely new bill on the subject.
3. The Conference Committee prepares a report to be signed by all the conferees and the Chairman.
4. The Conference Committee Report is submitted for consideration/approval of both Houses. No
amendment is allowed.

9. TRANSMITTAL OF THE BILL TO THE PRESIDENT

Copies of the bill, signed by the Senate President and the Speaker of the House of Representatives and certified
by both the Secretary of the Senate and the Secretary General of the House, are transmitted to the President.

10. PRESIDENTIAL ACTION ON THE BILL


1. If the bill is approved the President, the same is assigned an RA number and transmitted to the House
where it originated.
2. If the bill is vetoed, the same, together with a message citing the reason for the veto, is transmitted to the
House where the bill originated.

11. ACTION ON APPROVED BIL

The bill is reproduced and copies are sent to the Official Gasette Office for publication and distribution to the
implementing agencies. It is then included in the annual compilation of Acts and Resolutions.

12. ACTION ON VETOED BILL

The message is included in the Order of Business. If the Congress decides to override the veto, the House and
the Senate shall proceed separately to reconsider the bill or the vetoed items of the bill. If the bill or its vetoed
items is passed by a vote of two-thirds of the Members of each House, such bill or items shall become a law.

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