4. Results
4.3 Characterization of ubiquitous elimination of Cdk1 in adult mice
Sec 26(2), Art VI – ―No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copied thereof in its final form have been distributed to its members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.‖
General Rule: Each bill must undergo 3 separate readings on 3 separate days.
(one in Senate, one in HOR = 6 days/readings all-in-all) First Reading
the bill‘s title is read; it is assigned a number, and then referred to the appropriate committee
no deliberations yet
In the committee to which the bill was referred to, it may die a natural death if said committee sits on it.
If the members of the committee endorse the bill to the plenary, it will be calendared for 2nd reading.
Second Reading
The bill is sent back to the plenary.
In the plenary, it will be discussed in its entirety; there will be sponsorship speech, interpellations, deliberations; amendments may also be introduced.
Third Reading
Requirement: 3 days before the scheduled 3rd reading. Printed copies of the bill will have to be distributed to each member of the house.
Here, there are no more deliberations, discussions, or amendments.
There is only voting; the yeas and nays must be entered in the journal.
Exception: When the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency.
Tolentino vs. Secretary of Finance
When the president certifies as to the necessity of the Bill‘s immediate enactment, it need not undergo 3 readings on 3 separate days and printed copies of the Bill need not be distributed to the members 3 days before the 3rd reading.
What constitutes a public calamity or emergency is a political question into which the courts cannot interfere.
While the sufficiency of the factual basis of the suspension of the writ of Habeas Corpus or declaration of martial law is subject to Judicial review because basic rights of individuals may be at hazard, the factual basis of presidential certification of bills, which involves doing away with procedural requirements designed to insure that bill are duly considered by member of congress, certainly should elicit a different standard of review.
After 3 readings, the bill will be sent to the other house where it will undergo the same cumbersome process.
If both houses have different versions of the Bill, said versions will be sent to the Bicameral Conference Committee for reconciliation.
BICAMERAL CONFERENCE COMMITTEE (Sec 1, Art VI – Bicameral Congress)
Q: Is this mentioned in the Constitution?
A: NO! But it can be inferred from:
Power of each house of Congress to have rules of proceedings under Art VI, Section 16(3) – ―Each house may determine the rules of its proceedings x x x”; and
The fact that we have a bicameral Congress – Art VI, Sec 1 – ―The legislative power shall be vested in the Congress x x x which shall consist of a senate and a HoR.”
Nature and Functions of the Bicameral Conference Committee Source: Philippine Wages Association vs. Prado
Primarily, it is a mechanism for compromising differences between the senate and the HoR; this is because we have a bicameral Congress.
It is capable of producing unexpected results which can even go beyond its mandate.
Referred to as the ―3rd house‖ of Congress – not correct under our constitution, because there are only two houses.
See Arroyo vs. De Venecia
Referral back to the Senate and the HoR – from the bicameral conference committee, the consolidated bill will be sent back to each House.
There, the consolidated bill will be subject to voting; no more readings If the yeas prevail over the nays – the bill is passed and will be sent to the Senate Predient and the HoR speaker for signing.
If the nays prevail over the yeas – another bicameral conference committee will be created until an acceptable version of the bill is created; the court did not say that the bill is killed.
Enrolled Bill Doctrine
Q: What is the enrolled bill doctrine?
A: Once a bill has become an enrolled bill, it becomes conclusive upon the courts as to its enactment*, so that the courts will not inquire into whether that Bill was regularly enacted or not.
* It is the enactment only and NOT its constitutionality or validity, which is subject to judicial review.
Q: What is an enrolled bill?
A: It is a bill that contains the signatures of the respective secretaries of both Houses of Congress, of the House Speaker and of the Senate President;
and is to be sent to the President for his signature.
In other words, the following are the signatories to the enrolled bill:
Secretary of the senate and of the
speaker Senate president
Q: What is the reason for the doctrine?
A: Separation of Powers. The courts should give due respect because the enrolled bill contains the signatures of the officers of the co-equal branches of Government.
Journal Keeping Requirement
Sec 16(4), Art VI – ―Each house shall keep a Journal of its proceedings and from time to time publish the same, excepting such parts as may, in its judgment, affect national security x x x”
Q: Between the enrolled bill and the Journal, which prevails?
A: General Rule: Enrolled bill prevails
Exception: Journal prevails as to the matters required by law to be entered into the Journal. They are regarded as conclusive:
The yeas and nays on the 3rd and final reading
Art VI. Sec 26(2) – ―Upon the last reading of a bill x x x the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.”
The yeas and nays on any question at the request of 1/5 of the members present
Art VI, Sec 16(4) – ―Each house shall keep a journal of its proceedings x x x and the yeas and nays on any question shall, at the request of 1/5 of the members present, be entered in the journal.‖
The yeas and nays upon re-passing a bill over the President‘s veto.
Art VI Sec 27(1) – ―In such cases, the votes of each house shall be determined by yeas or nays, and the names of the members voting for or against shall be entered in its journal.‖
The president‘s objection to a bill he had vetoed.
Art VI Sec 27(1) – ―every bill passed by Congress shall, before it becomes a law, be presented to the President x x x otherwise, he shall veto it and return
the same with his objections to the House where it originated, which shall enter the objections at large in its journal x x x‖
Astorga vs. Villegas
FACTS: A bill of local application was filed in the and was there passed on 3rd reading without amendments. Forthwith, the bill was sent to the Senate for its concurrence. It was approved with minor amendments suggested by Senator Roxas, that instead of the City Engineer, it be the President Protempore of the Municipal Board who should succeed the Vice Mayor in case of the latter‘s incapacity to act as Mayor. However, on second reading, substantial amendments to this were introduced by Senator Tolentino. These were approved in toto by Senate. The amendment recommended by Senator Roxas does not appear in the Journal of the Senate proceedings as having been acted upon. When the Secretary of the Senate sent a letter to the that the House Bill No. 9266 had been passed by the Senate with amendments, he attached a certification of the amendment, which were the ones actually approved by the senate. The thereafter signified its approval of the bill and caused copies thereof to be printed. The printed copies were then certified and attested by the secretaries of the and the senate and the speaker of the and the Senate president. When the printed copies were sent to the President, he affixed his signature thereto by was of approval. The bill became R.A. 4065.
However, Senator Tolentino issued a press statement that the bill signed into law by the President was the wrong version. Consequently, the Senate President withdrew his signature.
HELD: The court went beyond the enrolled bill and looked into the Journal to determine whether there‘s legal insertion or not.
Enrolled bill to the President Last stage
From Congress, the bill will be sent to the President.
Q: How many options does the president have?
A: 3 options:
(1) President approves the bill bill becomes a law
(2) President vetoes the bill bill does not become a law
(3) President does not do anything (inaction) automatically becomes a law thirty (30) days after receipt of the bill.
First option: President approves the Bill
Sec 27 (1), Art VI – ―Every bill passed by Congress shall, before it becomes a law, be presented to the President. If he approves the same, he shall sign it xxx‖
Second option: President vetoes the bill
Sec 27 (1), Art VI – ―Every bill passed by Congress shall, before it becomes a law, be presented to the President x x x otherwise, he shall veto it and return the same with his objections to the House where it originated.‖
Requirements:
Sent the bill back to Congress,
Together with his objections (veto message)
Q: Can Congress overthrow the veto (―repass the law‖)?
A: YES! With a 2/3 vote as provided under Sec 27(1) Art VI – ―If after such reconsideration, 2/3 of all members of such House agree to pass the bill, it shall be sent, together with the objections to the other house by which it shall likewise be considered, and if approved by 2/3 of all members of that house, it shall become a law.‖
Kinds of Veto
General Veto – Art VI, Sec 27, par 1
Item Veto or Line Veto – Art VI, Sec 27, par 2 ―The President shall have the power to veto any particular item or items in an appropriation, revenue, or
tariff bill, but the veto shall not affect the item or items to which he does not object.”
General Rule: President may not veto a provision without vetoing the entire bill.
The rule is all or nothing; selective veto is not allowed.
The president may not veto a bill without vetoing the entire bill. The executive must veto a bill in its entirety or not at all. He cannot be an editor crossing our provisions which she dislikes. (Bengzon vs. Drilon)
Exceptions: Selective veto is allowed in 3 kinds o bill (ART) Appropriation bills
Revenue Bills Tariff Bills
Grounds for Vetoing Ordinance by the Chief Executive
Sec. 55 of LGC par. A [UP]
Ultra-vires/
prejudicial to public welfare
Sec 55 of LGC par. B: on Item/line veto: [PAL]
Appropriation Ordinance
Adopting a local development plan
Ordinance Authorizing Payment of money/creating Liability
Q: Under the LGC, can Punong-Baranggay veto an ordinance?
A: NO. He is part of the ordinance-making (or legislative process) body as the presiding officer of the sessions of Sangguniang Baranggay.
Q: Do Local Chief Executives have veto power?
A: NO.
Q: How about a Governor?
A: Yes. There is a vice-governor.
Q: How about a Mayor?
A. Yes. There is vice-mayor.
Chief Executive of Baranggay Chief Executive
Sangguniang Baranggay, presiding officer Lupong Tagapamayapa
Can carry firearms
Q: Is the Chief executive of Baranggay an agent, or a person-in-authority?
A: Person-in-authority (recall Crim Book II – can be subject to direct assault) N.B.: Policeman – agent of person-in-authority
Sec. 388 LGC Punong Baranggay
Sangguniang Baranggay members Persons-in-authority
Lupong taga-pamayapa
Doctrine of Inappropriate Provisions
Provisions in an appropriation bill must relate to some particular provision therein (see Art VI, Sec 25(2)). If it does not, it becomes an inappropriate provision and will be treated as an item. Thus, it can be subject to the item veto (Gonzales vs. Macaraig)
Gonzales vs. Macaraig
FACTS: the General Appropriations Bill contained a provision prohibiting the President from augmenting the funds of one department from the other.
President Aquino vetoed that provision. Congress argued that what she vetoed was a provision, not an item. Thus, she effectively vetoed the entire bill since the item veto refers to items and not to provisions.
HELD: The Court sustained the validity of the exercise by the President of her veto power, invoking the doctrine of inappropriate provision.
Section 25, par 2, Art VI – ―No provision or enactment shall be embraced in the general appropriations bill, unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.‖
Q: May the President veto a LAW?
A: NO. What the president may validly veto is ONLY a BILL and neither the provisions of LAW 35 years before his term nor a final and executory judgment of the Supreme Court. (Bengzon vs. Drilon)
Item vs. Provision in an appropriation bill
An item is a specific appropriation of money, not some general provision of law that happens to be in an appropriation bill.
Third option: President does not do anything (inaction)
Sec 27 (1), Art VI [last sentence] – ―x x x The president shall communicate his veto of any bill to the House where it originated within thirty days after the ate of receipt thereof; otherwise, it shall become a law as if he had signed it.‖
Q: Is ‗pocket veto‘ valid or practiced in our jurisdiction?
A: NO. There is not such thing as ‗pocket veto‘ in the Philippines. Unlike in the US – if within 10 days, the president fails to act on the Bill and Congress adjourns, the bill does not become a law. In our jurisdiction, the bill automatically becomes a law if the President does not act within 30 days after receipt of the Bill.
Example of Bills which lapsed into law by the President‘s inaction:
Bar Flunker‘s Act – President Quirino
Changing the name of Manila Int‘l Airport to Ninoy Aquino Int‘l Airport – President Aquino
Q: What if the President does not veto the inappropriate item?
A: It becomes a law/ rider which may be a separate subject of legislation.
Doctrine of Qualified Political Agency (Alter Ego Doctrine)
Members of the Cabinet are considered acts/decisions of the President UNLESS reprobated by the latter.
Members of the Cabinet are considered alter ego of he President.