Steps in making laws of the Philippines?

Answer 1

The following are steps of how a bill becomes a law: Filling for First Reading, First Reading, Committee Hearings, Calendaring for Second Reading, Second Reading, Voting on Second Reading, Voting on Third Reading, Lower Chamber follows the same procedures, Back to the Senate and Submission to Malacanang. The President either signs it into law, or vetoes and sends it back to the Senate with veto message.

Answer 2

• 1. Bill preparation. The House Member (or the Congressman/woman) prepares and drafts the bill, or the Bill Drafting Division of the Reference and Research Bureau does the same upon the Member's request. Bills and proposed resolutions are required to be signed by their author or authors.

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

• 3. Committee consideration or action. The Committee to which the bill was referred is tasked to evaluate and determine the necessity of conducting public hearings. If public hearings are necessary, it schedules the time thereof, issues public notices, and invites resource persons for the proposed legislation. If there is no need to conduct public hearings, the bill is scheduled for Committee discussions. Based on the results of the public hearings or Committee Discussions, the Committee may introduce amendments, consolidate bills on the same subject matter, or propose a substitute bill. It then prepares a corresponding Committee Report. The Committee approves the Committee Report before its formal transmission to the Plenary Affairs Bureau.

• 4. Second reading. The Committee Report is registered and numbered by the Bills and Index Service. It will be included in the Order of Business and referred to the Committee on Rules, which then schedules the bill for consideration on Second Reading. Committee Reports are prepared by the secretary of the Committee and duly approved by the Chairman, Vice-Chairmen and members of the Committee. On Second Reading, the Secretary General reads the number, title and text of the bill in the plenary session. The period of sponsorship and debate and/or amendments may take place. Voting may be through viva voce (verbal "aye" and "no" vote), counted by tellers, division of the House, or nominal voting.

• 5. Third reading. The amendments, if any are engrossed or collated and printed copies are reproduced. The engrossed bill is included in the Calendar of Bills for Third Reading. Copies of the same are distributed to the House Members three days before its Third Reading. On Third Reading, the Secretary General reads only the number and title of the bill. A roll call or nominal voting is called. A Member is given three minutes to explain his/her vote if he/she desires. Amendment of the bill is not allowed at this stage.The bill is approved if majority of the House Members show an affirmative vote. If the bill is disapproved, it is transmitted to the archives.

• 6. Transmittal to the Senate. The approved bill is sent to the Senate for its concurrence.

• 7. Senate's action. The approved bill of the House undergoes the same legislative process in the Senate.

• 8. Conference committee. A conference committee is formed and is composed of both Members from each House (Congress and Senate) to settle, reconcile, and thresh out differences on any provisions of the bill. A Conference Committee report is prepared and signed by all conferees and the Chairman. It is then submitted for consideration or approval of both Houses. Any amendments are not allowed.

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

• 10. Presidential action. If the bill is approved by the President, it is assigned an RA (Republic Act) number and transmitted to the House where it originated. In case of a veto, the bill is transmitted to the House where it originated, together with a message citing the reason for the veto.
• 11. Action on the approved bill.The bill is reproduced and copies are sent to the Official Gazette Office for publication and distribution to implementing agencies. It is then included in the annual compilations 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, both Houses shall proceed separately to consider the bill or the vetoed item of the bill. If two-thirds of the Members voted in favor of the bill, or its vetoed items, such bill or items shall become a law.

Answer 3

On August 29, 2007, it was an honor to handle one of the break out sessions of the 1st HR Philippines National Convention and I handled the discussion on Employee Discipline. Using the same approached I employ with fellow HR practitioners, I would like to close this series by discussing Due Process of law from the point of view of management.

In the Philippines, Employee Discipline is one of the rights an investor or capitalist can use to ensure a profitable operations.

"Success of industries is the foundation upon Which just wages may be paid. There can be no success without efficiency. There can not be efficiency without discipline…"

Batangas Transportation Co., et al vs. Bagong Pagkakaisa ng mga employees and Laborers of BTCo., GR No. L-1706 March 10, 1949

However, this management right is not absolute and managment is equally obliged to observe another right. And these are the rights of an employee to a security of tenure and due process.

"The state affords the constitutional blanket of rendering protection to labor but it also protect the right of employers to exercise what are clearly management prerogatives, so long as the exercise is without abuse of discretion."

Pantranco North Express vs. NLRC GR No. 106516, Sept. 21, 1999.

Due process is the mechanism that ensures both rights of management, i.e. to employee discipline and the prerogative to dismiss employee, and the right of an employee to a security of tenure, is respected. It is the process affording the employee of the opportunity to be informed of his alleged violation(s) and to be heard or to explain his side.

Due process have two elements:

1. The substantive Due Process
2. The Procedural Due Process

Substantive Due Process provides the ground for disciplinary action, i.e. corrective or retributive.

While Procedural Due Process provides the procedure on how to go about hearing the side of the employee and evaluating all facts and evidences against the allegation. Procedural Due Process must follow the twin notice rule- (1) Notice to explain and (2) Notice of decision.

Non observance of due process have resulted embarassment to some companies. Not to mention the cost of litigation and settlement.

When due process is not observed, it will result to any or combination of the following:

1. Illegal dismissal or Suspension
2. Illegal dismissal will result to reinstatement and payment of back wages.
3. Illegal suspension, on the other hand will result to payment of lost wages.

Aside from this basic premise, it is prudent for Management and HR practitioners to keep in mind Supreme Court doctrines relevant to employee discipline. These are:

1. Pre Wenphil Doctrine (before 1989) - The none observance of substantive and procedural due process will result to illegal dismissal.
2. Wenphil Doctrine (Feb 1989)- This doctrine was brought about by the dismissal of employee. SC ruled that company had basis to dismiss employee but since the procedural due process was not observed, the company paid damages for not respecting the right of employee. The dismissal was upheld.
3. Serrano Doctrine (Jan 2000)- Because the Wenphil doctrine brought abuse from big corporations wherein they will dismiss employee, though with grounds, the procedural due process is not being observed. This practice became known as the "terminate now pay later" attitude of big corporations. The Supreme Court, then, modified Wenphil resulting to this new doctrine. Though dismissal of employee will still be upheld if there are sufficient grounds, the monetary damages brought by disrespect to the employees right to be heard, shall be computed from the time the Supreme Court ruled the case with finality and backwards.
4. Agabon Doctrine (Nov 2004)- The Supreme Court again went back to Wenphil because the Serrano Doctrine can be abused by terminated employees. Terminated employee can, therefore, enrich themselves, by questioning the legality of their dismissal.

Answer 4

they make law by the environment when the other people the something bad or wrong