Legislative Bill Structure in the Philippines

This article explains how Philippine bills are named, organized, drafted, and enacted into law—from constitutional foundations to nuts-and-bolts drafting conventions—plus a practical template you can adapt.

1) Constitutional groundwork

  • Bicameral Congress. Legislative power is vested in the Senate and the House of Representatives (1987 Constitution, Art. VI).
  • One-subject/express-title rule. A bill may embrace only one subject, which must be expressed in its title (Art. VI, Sec. 26[1]).
  • Three readings on separate days with copies distributed in final form at least three days before passage; exception when the President certifies urgency to meet a public calamity or emergency (Art. VI, Sec. 26[2]).
  • Origination clause. Appropriation, revenue, and tariff bills originate in the House, but the Senate may propose or concur with amendments (Art. VI, Sec. 24).
  • Quorum & voting. A majority of each House constitutes a quorum; upon final passage, the yeas and nays are recorded in the Journal (Art. VI, Sec. 16[2]).
  • Presidential action. The President may sign, veto (including item veto for appropriations, revenue, tariff), or allow a bill to lapse into law if no action within 30 days from receipt (Art. VI, Sec. 27).

2) Legislative instruments (what’s what)

  • Bills → Proposed statutes; become Republic Acts (RA) when enacted.

  • Resolutions

    • Joint resolutions: used for specific constitutional or statutory purposes (e.g., adjusting public compensation ceilings); practice varies, but they do not generally replace statutes as a vehicle for broad, permanent legislation.
    • Concurrent resolutions: express collective sentiment/housekeeping across both Houses; no force of law.
    • Simple resolutions: internal to one chamber; no force of law.

3) Numbering & identification

  • House Bill (HB) No. ____ and Senate Bill (SB) No. ____ upon filing; numbers run within each Congress.
  • After enactment, the law is cited as Republic Act No. ____ (RA No. ____).
  • Committee Reports and Committee/Substitute Bills receive their own identifiers.
  • Short titles are common (e.g., “Data Privacy Act of 2012”) and appear in Section 1.

4) Anatomy of a Philippine bill (standard parts)

  1. Header/Caption

    • “[Congress of the Philippines]” (optional), HB/SB number, Congress & Regular/Special Session details (per style of each chamber).

  2. Title

    • Must state the single subject clearly (e.g., “AN ACT PROVIDING FOR …, AND FOR OTHER PURPOSES”).
    • Keep it specific enough to meet the one-subject rule, yet broad enough to cover implementing details and penalties.

  3. Authors/Co-Authors/Co-Sponsors

    • Listed per chamber rules.

  4. Explanatory Note (attached to the bill upon filing; not part of the statute)

    • Policy problem, background, objectives, and key features; cites data, studies, jurisprudence, or international practice.

  5. Enacting Clause (verbatim)

    • “Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:”

  6. Body / Sections (typical ordering)

    • Sec. 1. Short Title.
    • Sec. 2. Declaration of Policy. Principles, constitutional anchors, state interests.
    • Sec. 3. Definition of Terms. Alphabetized; avoid circular definitions; tie to existing laws if cross-referencing.
    • Coverage/Scope/Applicability. Persons, activities, territory, temporal reach; extraterritoriality (if any).
    • Substantive Provisions. Rights, duties, prohibitions, standards, licensing, procedures, institutional architecture.
    • Offenses/Prohibited Acts (if any). Clearly enumerate acts or omissions.
    • Penalties/Liability. Imprisonment/fine ranges; aggravating/mitigating factors; corporate/officer liability if relevant; administrative and civil remedies.
    • Enforcement & Oversight. Lead/attached agencies; inspection, subpoena powers, inter-agency coordination; Congressional oversight (if provided by policy choice).
    • Rule-making (IRR). Mandate lead agency to promulgate Implementing Rules and Regulations within a set period (commonly 60–90 days), after public consultation and publication.
    • Appropriations. For the first year and/or ongoing funding; link to General Appropriations Act when appropriate.
    • Reporting & Review. Periodic reports to Congress; sunset clause or mandatory review after X years (optional).
    • Transitory Provisions. Phase-ins, grandfathering, migration from prior regimes.
    • Separability Clause. Preserves the rest if any provision is invalidated.
    • Repealing Clause. Express (list statutes/sections) and/or general (“inconsistent laws, decrees, or orders are repealed or modified accordingly”).
    • Effectivity Clause. “This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation, unless otherwise provided.” (Reflects the publication rule under EO 200, 1987.)

  7. Signatures/Attestations (on the enrolled bill after passage by both Houses).

Note on style: Sections are numbered consecutively; use sub-sections (a), (b), (c); sub-paragraphs (1), (2); sub-items (i), (ii). Use Philippine peso with numerals and words (e.g., ₱500,000.00 (Five Hundred Thousand Pesos)).

5) Special categories & drafting cautions

  • Appropriations bills. Must originate in the House; expect detailed program/activity/project (P/A/P) structure, line-itemization, and item-veto risk.
  • Revenue & tariff bills. Also originate in the House; coordinate closely with fiscal estimates and administrative feasibility.
  • Local & private bills. House and Senate Rules often require notice and, for local measures, consultations/hearings with LGUs and stakeholders.
  • Grant of franchises/special charters. Commonly contain corporate powers, regulatory oversight, term limits, and compliance/reporting duties.
  • Codification/omnibus amendments. Use amendatory clauses that quote the exact text to be amended or repealed; indicate “Section __ of Republic Act No. __ is hereby amended to read as follows:” then present a clean, full quotation.
  • Criminalization. Calibrate penalties (imprisonment/fine) proportionate to harm; align with the Revised Penal Code and special penal laws; specify jurisdiction (e.g., RTC, MeTC), prescriptive periods, and continuing offenses where justified.
  • Administrative enforcement. Provide due-process safeguards (notice, hearing, appeal); specify where fines go (e.g., special funds vs National Treasury).
  • Regulatory impact. Consider micro, small, and medium enterprise (MSME) compliance; authorize phased implementation and capacity-building.
  • Data provisions. If handling personal data, include data protection and security standards aligned with existing law; specify data sharing and retention with oversight.
  • Clarity and redundancy. Avoid undefined terms, cross-reference sprawl, and vague catch-alls (“and other acts”) that can fail the one-subject or due-process tests.

6) Life cycle of a bill (end-to-end)

  1. Filing in either chamber (or House for origination-required bills) with Explanatory Note.
  2. First Reading → title/number read; referral to appropriate committee(s).
  3. Committee stage → public hearings, technical working groups (TWGs), agency inputs, amendments; output is a Committee Report and often a substitute bill.
  4. Second Reading → plenary sponsorship, interpellations, amendments (committee and individual).
  5. Third Reading → final copy distributed; nominal voting (yeas/nays recorded).
  6. Transmittal to the other House → repeat 1–5; any differences trigger a Bicameral Conference Committee.
  7. Bicameral Conference Committee → reconciles disagreeing provisions; produces a Bicam Report and the Consolidated/Enrolled Bill for ratification by both Houses.
  8. Enrollment & Transmittal to the President.
  9. Executive action within 30 days: sign, veto (full or item), or no action (bill lapses into law).
  10. Republic Act number assigned; publication; effectivity per clause/EO 200.
  11. Post-enactment: IRR drafting, stakeholder consultation, publication; implementation, reporting, and possible oversight hearings; judicial review remains available.

7) Drafting best practices (Philippine context)

  • Title discipline. Track every section against the title to avoid one-subject challenges.
  • Definitions first, then duties. Prevent ambiguity and litigation.
  • Plain, Filipino/English-neutral prose. Use clear English; if a Filipino translation is supplied, specify which text controls.
  • Measurement & thresholds. Use both figures and words; define how thresholds are computed (e.g., CPI-indexed, DOF-certified).
  • Sunset & review. For novel regimes, require a 3–5-year review and empower Congress/COA/agency audit.
  • Harmonization. Add a clause clarifying interaction with existing sectoral laws (e.g., “subject to the jurisdiction of ___ unless otherwise provided”).
  • IRR guardrails. Make rules “not inconsistent with this Act” and require public consultation; provide deadline and effectivity of IRR upon publication.
  • Penal & admin overlap. Delineate when conduct triggers administrative vs criminal liability; avoid double jeopardy problems.
  • Appropriations realism. If creating new bodies, include plantilla, MOOE, and capital outlay assumptions; allow use of income if justified.
  • Transition clarity. Identify which existing offices/assets/staff transfer; set grace periods and grandfathering.
  • Severability & repealing. Always include both; list specific repeals where practicable.

8) Common clauses: sample language

  • Separability. “If any provision of this Act is declared unconstitutional or invalid, the remaining provisions not affected thereby shall remain in full force and effect.”
  • Repealing. “All laws, decrees, executive orders, rules and regulations, or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.”
  • Effectivity. “This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.”

9) Model template (ready to adapt)

[Congress of the Philippines]
[___th Congress, ___ Regular Session]

[H. No. ____]   [S. No. ____]

Introduced by [Name(s) of Author(s)]

EXPLANATORY NOTE
[Context, problem statement, objectives, policy options considered, constitutional/statutory bases.]

AN ACT [clear, single-subject title describing the measure], AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. — This Act shall be known as the “[Short Title] of [Year]”.

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State to [state principles].

SEC. 3. Definition of Terms. — As used in this Act:
(a) “[Term]” refers to …
(b) “[Term]” refers to …

SEC. 4. Coverage. — This Act shall apply to …

SEC. 5. [Substantive Duty/Right/Prohibition]. — …

SEC. 6. [Institutional Mechanisms/Regulatory Powers]. — …

SEC. 7. Prohibited Acts. — The following acts are unlawful: (a) … (b) …

SEC. 8. Penalties. — Any person who violates this Act shall suffer …

SEC. 9. Enforcement and Oversight. — The [Lead Agency] shall …

SEC. 10. Implementing Rules and Regulations (IRR). — Within ninety (90) days from effectivity, the [Lead Agency], in consultation with [stakeholders], shall promulgate the IRR, after public consultation and publication, not inconsistent with this Act.

SEC. 11. Appropriations. — The amount necessary for the initial implementation of this Act shall be charged against …

SEC. 12. Reporting and Review. — The [Lead Agency] shall submit to Congress an annual report … This Act shall be reviewed [after three (3)/five (5) years] from effectivity.

SEC. 13. Transitory Provisions. — …

SEC. 14. Separability Clause. — If any provision of this Act is declared unconstitutional or invalid, the remaining provisions not affected thereby shall remain in full force and effect.

SEC. 15. Repealing Clause. — All laws, decrees, executive orders, rules and regulations, or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 16. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

10) Quick checklist for drafters

  • Title states a single subject broad enough to cover all sections.
  • Explanatory Note justifies need; cites data/jurisprudence.
  • Definitions clear and complete; no circularity.
  • Duties/Rights and Enforcement are implementable by a named agency.
  • Penalties proportionate and coherent with existing penal/administrative schemes.
  • Funding source identified; first-year estimate realistic.
  • IRR deadline and consultation/publication requirements stated.
  • Separability/Repealing/Effectivity present and consistent.
  • House vs Senate origination respected where required.
  • Ready for bicam reconciliation (traceable amendments, versions tracked).

Final note

While chamber rules and drafting manuals refine formatting and workflow details, the structure above aligns with constitutional requirements and long-standing Philippine legislative practice. Adapt the template to the bill’s policy domain, and keep the one-subject rule, due-process clarity, and implementability at the center of your drafting.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login