Flashcards in Chapter 2: Statutes Deck (62)
What is a BILL?
A DRAFT of the proposed law.
It shall be called a BILL from the time of its introduction in a legislative body through all the various stages in both houses.
What is an ACT?
An ACT is a term we use to call a bill AFTER it has been ACTED on and PASSED by the legislature.
How does STATUTE LAW differ from STATUTE?
STATUTE LAW is broader in meaning.
It includes not only STATUTE but also JUDICIAL INTERPRETATION and APPLICATION of the enactment.
With respect to the legislative department, how does a PARLIAMENTARY differ from a PRESIDENTIAL system?
The parliament's Congress is UNICAMERAL.
The presidential's Congress is BICAMERAL.
How does a bill become a law?
There are nine (9) steps to this.
Bill with signature and statement of purpose
2) First reading
5) Second reading
6) Open debates
7) Print in its final form
9) Prime Minister/President
What happens should there be an unfavorable report of the committee (on the bill)?
The bill is dead.
When is the only time congressmen can participate in open debates in relation to law-making?
Immediately after the second reading
How much time are legislators given to think about voting for or against a bill?
At least three (3) days prior to the third and final reading
Are legislators allowed to amend the bill in the third reading?
No. They are only allowed to amend the bill in the second reading.
What is the NO AMENDMENT RULE?
It is a rule prohibiting legislators to amend a bill in the third and final reading.
What is the sufficient number of members of Congress to transact its daily business?
50% of the number of the body
50% plus one, depending on their internal rules
What happens when the bill successfully passes the House which it originated?
It is then submitted to the other House to undergo the same process.
What happens when there is a variance in the proposed bill by the upper and lower houses?
A bicameral conference committee will be formed.
Can the bicameral conference committee introduce amendments to suit both houses of Congress?
Yes. It is not covered by the "no amendment rule."
What happens when the President vetoes a bill?
The bill is sent back to the house from which it originated and will be subject to reconsideration.
The house needs at least 2/3 of its members votes to pass the bill.
If passed by the house of origin, the bill shall be sent to the other house subject to reconsideration.
The other house needs at least 2/3 of its members votes to make it a law.
What power is vested in the Congress of the Philippines?
The legislative power.
The Congress has the authority to make laws and to alter or repeal the same.
What happens when the President fails to act on the bill submitted to his office within thirty (30) days from receipt?
The bill shall become a law as if he had signed it.
What are the three constitutional test or limitations in the passage of a bill?
1) Every bill shall embrace only one subject which shall be expressed in its title.
2) Every bill shall pass three readings on separate days, and printed copies of it in the final form shall be distributed to each member of the house at least three days before its passage.
Exception: When the President certifies to the necessity of its immediate enactment due to a calamity or emergency.
3) Every bill passed by Congress shall be presented to the President.
Can a bill embrace more than one subject? Why?
NO. There are three (3) reasons for this:
1) To prevent hodge-podge or log-rolling legislation
2) To prevent surprise or fraud upon the legislature
3) To fairly apprise the people of the subjects of legislations being considered so that they may have the opportunity of being heard thereon, if they shall desire
What is a hodge-podge or logrolling legislation?
It is a mischievous legislative practice.
It embraces several distinct matters in one bill.
Passage is ensured by gathering the support of different minorities (groups supporting different distinct matters) and combining all the minorities into a majority that will adopt them all.
What is the effect of violating Section 26 (1) of Article VI?
Statutes passed in violation of the one bill-one subject rule shall be declared void by the courts.
What is the THREE READING RULE?
All bills should pass three (3) readings in each house.
Can the bicameral committee add or delete provisions?
Yes. And it is not a violation of the amendment rule.
What is also known as the third legislative chamber?
The bicameral conference committee
Why are the "three readings" and "no amendment" rules important?
The rule is designed to prevent hasty and improvident legislation and afford the legislators time to study and deliberate the measures.
What are the eight (8) parts of a statute?
3) Enacting Clause
5) Repealing Clause
6) Saving Clause
7) Separability Clause
8) Effectivity Clause
Define and describe the TITLE.
It is a part of the statute.
It gives a general statement of the subject matter of an act.
Its purpose is to appraise legislators and the public of the subject matter of the legislation.
Define and describe the PREAMBLE.
It is the part of the statute that follows the title.
It precedes the enacting clause.
It states the reasons for, or the objects of the enactment.
It usually starts with "Whereas."
Is the preamble an essential part of the statute?