Peddling policy: Bill authorship and Executive Agenda Setting

Teresita Quinones, a native of Cebu, travelled all the way to the House of Representatives near Commonwealth Avenue, limping and in grimace. Poor and long widowed, she has nobody else but an ailing son who just recently was confined for a rare disease whose name even she could not pronounce. Carrying a crumpled folder of hospital records, she hopes her congressman would at least help her purchase her son’s medicines, if not foot the bill. She, after all, was among the congressman’s avid supporter in the last election.

The imposing complex in the heart of Quezon City, oddly one of the remnants of former President Ferdinand Marcos’ “edifice complex,”1 is familiar to many but for various other reasons. For activists and militants, the complex is a stage of protest, a converging point for mass actions. For the ordinary, like Quinones, whose idea of democracy is simply being able to fend the day’s hunger, it is a venue to experience political representation face to face.

The Philippine House of Representatives as an institution

But Congress is not just about the Batasan Complex and congressmen actually have more important things to do than welcome needy constituents with unpaid medical bills. It is, after all, in the hands of these distinguished men and women where the nation’s extant future is shaped.

The House of Representatives is one of the chambers that make up the bicameral Philippine legislature. Congress as a body, in fact, has a rich history that goes back to the unicameral Malolos Congress of the short-lived 1898 Philippine Republic, and the all-American Philippine Commission of 1901. The Jones Act of 1916 eventually paved the way for a two-chambered legislature, but it was again replaced by a unicameral National Assembly upon the ratification of the 1935 Constitution. Amendments to the constitution in 1941 restored the legislature into a bicameral body where it came to be called the Congress of the Philippines. Thereafter, Congress served as the national legislature until Proclamation 1081 in September 21, 1972, when former President Marcos placed the country under Martial and clothed the president with both executive and legislative powers.

“Legislative power” according to Article 6 Sec. 1 of the 1987 Constitution, “shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.” The upper chamber, the Senate, is composed of 24 members elected at large, who serve a term of six years. Senators cannot serve beyond two consecutive terms. Members of the lower chamber, the House of Representatives, on the other hand, are chosen by the voters of each of the 229 legislative districts that comprise the Philippines. The original number of legislative districts was provided in the Ordinance appended to the 1987 Constitution upon its adoption.2 However, as new

1 For more on the former dictator’s architectural policy, see Lico, Gerardo. 2003. Edifice Complex:

Power, Myth, and Marcos State Architecture. Quezon City: Ateneo de Manila University Press.2 When the Ordinance to the 1987 Constitution apportioned the Philippines into representative districts, they were, at that time, more or less of equal sizes in terms of population. The Ordinance, the brainchild of former Constitutional commissioner, and later Supreme Court chief justice Hilario Davide, indicated that the nation was to be divided into 183 representative districts each having more or less 350,000 to 400,000

provinces and cities were created, the composition grew through laws enacted apportioning and reapportioning some of the districts.3 The Constitution provides that a city can become a representative district if it has a population of at least 250,000. However, a province, regardless of its population, is entitled to one representative district.

There are house members though who are elected at large and whose representations are not based on legislative districts. Twenty percent of the total membership in the House of Representatives is reserved for what is referred to as party list representatives—congressmen representing marginalized or underrepresented national, regional and sectoral parties or organizations registered with the Commission on Elections. The Constitution provides that party-list members must be chosen, as provided by law, from "the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector. (Art VI. Sec. 5, par. 2)."4 As an electoral experiment enshrined in the Constitution, the intent of the party list system was noble. No single party may hold more than three party-list seats. Because of the ceiling, no big parties which traditionally dominate elections can spot all the seats and crowd out the smaller parties. The system, in other words, was envisioned to pave the way for smaller parties to also win seats in the House of Representatives.

In voting for representatives, a constituent votes for both his district representative and the party he wants represented in the House. Votes for a particular party are counted at large, not by sector, and tallied on a nationwide basis. The percentage of votes garnered by a party is computed in relation to the total votes cast for the party-list organization nationwide. In allocating seats, party-list organizations are ranked from highest to lowest based on the number and percentage of votes obtained during the election. Only a maximum of three seats may be allowed per party and they are allocated at the rate of one seat per 2% of votes obtained. Unallocated seats, on the other hand, are to be distributed among the parties which have not yet obtained the maximum three seats as long as they are able to muster 2% of votes.

inhabitants. 3 Reapportioning, however, has its own share of politics. In the controversial case Navarro, et al. v. Executive Secretary (G.R. No. 180050, April 12, 2011) the Supreme Court declared the law creating the province of Dinagat Islands constitutional (hence, entitled to a legislative seat) even though it was raised that the province met neither the land area nor population requirement of the Constitution and the Local Government Code (sec. 461). The case, a taxpayers’ suit filed by Surigao del Norte residents Rodolfo Navarro, Victor Bernal, and Rene Medina, argued that the creation of the Dinagat Islands as a new province was an illegal act of Congress that deprived the people of their province not only a large chunk of their territory, but Internal Revenue Allocation, and natural resources. The decision was controversial, not least among which was due to the fact that the representative who gained from the decision was a known ally of former President Gloria Macapagal Arroyo (see “Arroyo’s ally has power of life and death,” Philippine Daily Inquirer, April 29, 2010). Moreover, the latest decision was the fourth in a row the high court ruled on the case, reversing itself each time.4 Republic Act 7941, the Party List Act, somehow expanded the Constitution’s definition, taking a party to mean “either a political party or a sectoral party or a coalition of parties.” A political party under this law refers to “an organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidates for public office. It is a national party when its constituency is spread over the geographical territory of at least a majority of the regions. It is a regional party when its constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising the region.”

QualificationWho can be elected as a representative? Again, Article VI sec. 6 of the 1987

Constitution provides that “no person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five (25) years of age, able to read and write, and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election.” Party list representatives, on the other hand, must meet not only the constitutional requirement but they must also belong to the marginalized and underrepresented sectors, organizations and parties; who lack well-defined constituencies, but can contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole.

Table 1.1.a. Minimum qualification to become a representative

Representative Qualification

Representatives elected at large 1. Natural born citizen of the Philippines2. At least 25 years old on the day of the election3. Able to read and write4. A registered voter in the district in which he shall be elected5. A resident of the district he shall be elected for a period not less than one year immediately preceding the day of the election.

Party List representatives 1. Natural born citizen of the Philippines2. At least 25 years old on the day of the election3. Able to read and write4. Belong to the marginalized and underrepresented sectors, organizations and parties (except, religious groups, foreign organizations and those advocating violence or unlawful means)5. Lack well-defined constituencies, but6. Can contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole.

Source: The 1987 Constitution of the Philippines, RA 7941 “The Party List Act” (1995)

As for term limit, no member of the House can serve for more than three consecutive terms. This does not bar them, of course, from serving more than three terms and it is not uncommon for representatives with established political machineries and pedigrees to run again as representatives after the lull. Some, particularly those from established political families, simply pass the rein to family members, then run once again after such family member reaches the term limit.

Powers and privilegesWhy would anyone aspire to become a member of the House? Congress has wide

powers that can literally decide the fate of the nation, subject of course to prohibitions

enshrined in the Constitution. These powers may prove attractive to those with genuine desires to institute change, as it is to those with little else than sheer political ambition.

These powers can be categorized into four: general legislative power, specific legislative power, inherent power, and implied power. Strictly speaking, it is the people who create laws. Sovereignty resides in the people, so the Constitution guarantees, but such sovereignty is expressed through the acts of Congress as a body of elected representatives.

To understand legislative power one needs to look first into the concept of separation of powers. As a democracy, government in the Philippines is divided into three separate co-equal branches, each having, in a strict sense, the power to create laws (Fernandez 1983). The exercise of legislative power yields statutes, executive power creates rules, and judicial power leads to judgments. However, in common discourse, as Fernandez points out, laws typically pertain to statutes—the creation of which is an exercise of legislative power.

General legislative power is the power to make laws that do not violate the provisions of the Constitution. These laws may relate to such matters as suffrage, election, the national languages, land reform, succession to the Presidency, citizenship, taxation, organization of courts, apportionment of electoral districts, and the like. There is no limit to the number of laws a legislature can make.

Specific legislative power pertains to the power to make treaties with other countries, declare war, enact the budget law (appropriation), impeach the President, justices of the Supreme Court or members of Constitutional Commissions, as well as amend the Constitution. The House of Representatives, in particular, is where all appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills, must originate exclusively but the Senate may propose or concur with amendments. In times of war or other national emergency, Congress may also authorize the President for a limited period and subject to restrictions to exercise powers necessary and proper to carry out a declared national policy.

Inherent power refers to the power to impose taxes, mete penalties for specific crimes, or authorize the expropriation of private lands upon payment of just compensation. Implied powers refer to its power to conduct inquires on the social and economic conditions of the country in aid of legislation.

Members of Congress have the privilege of immunity from arrest when Congress is in session as long as the offense involved is punishable by not more than six years of imprisonment. Moreover, a legislator cannot be questioned or be made liable in any other place for a speech or debate in Congress.

Yet, the Constitution also imposes certain limitations to Congress as an institution and to the individuals that comprise it. A member of Congress, for instance, is barred from holding any other office or employment in the government, and from appearing as counsel before any civil case where the government is the adverse party. As a body, on the other hand, Congress cannot pass laws that deprive one of life, liberty or property without due process, nor can it pass laws that impose punishment on acts not yet criminal when it was committed (ex post facto law). In the exercise of inquiry or investigation Congress also has to respect the individual rights of persons appearing before them. Congress can only declare war with the consent of 2/3 of its members. Finally, with respect to the exercise of the power of the purse, Congress may not increase the

appropriations recommended by the President for the operation of government as specified in the budget.

Table 1.1.b. Classification of powers of the Philippine Congress

Powers of the Philippine CongressGeneral 1. Legislative Power

a. powers of appropriation, taxation and appropriationb. authority to make, frame, and enact laws (excpet to the extent reserved to the people by the provision on initiative and referendum2. Non-legislative powersa. power to canvass the presidential electionsb. sole power to declare the existence of warc. give concurrence to treaties and amnestiesd. propose constitutional amendmentse. impeachf. grant derivative and delegated powerg. implied powers such the power to punish contempt in legislative investigations

Specific 1. Constituent power2. Power to hold legislative inquiries3. Power of appropriation4. Power of taxation5. Power to concur in treaties and international agreements6. War and delegation powers

Inherent 1. Police powera. make, ordain, and establish all manner of wholesome and reasonable laws, statutes and ordinances as they shall deem good for the welfare of the communityb. create statutes that maintain peace and order, protect life, liberty and property, and promote the general welfare.2. Power of taxation3. Power of eminent domain

Though passage of law requires the concurrence of both the Senate and the House of Representatives, there are bills that the Constitution requires to originate exclusively from the House of Representatives, specifically (Sec. 24 Art. VI):

a. Appropriation bills or bills which appropriate a sum of money from the public treasury for a public purpose.

b. Revenue bills or those which are specifically designed to raise money through imposition or levy.

c. Tariff billsd. Bills authorizing the increase of public debte. Bills of local applicationf. Private bills

The prerogative over these types of measures is understandable given the fact that members of the House represent constituencies from all over the country and, as such, are

better disposed to produce measures that address the plight of the people. Bills of local application include public works and infrastructure projects that benefit the countryside.Appropriation and revenue measures, on the other hand, involve either the creation or the disposition of funds, likewise, ideally with the best interest of their stakeholders in mind. Once the appropriation is enacted, however, actual release of funds is an altogether different story since the latter is under the discretion of the executive. In later chapters, we will see how this system creates a symbiotic relationship between the president and the legislature, particularly the House members who must make sure that they can bring home the schools, hospitals, and road projects promised during campaign sorties.

Table 1.1.c. Limitations on Congress’ powers of appropriationLimitations on the power of appropriations

1. Appropriations must be for a public purpose2. Appropriation of public fund or property, directly or indirectly,

cannot be in favor of any sect, church, denomination, or sectarian institution or system of religion or any priest, preacher, minister, or other religious teacher (except when such priest or minister is assigned to the Armed Forces, penal institution, government orphanage or leprosarium).

Note, however, that government is not prohibited from appropriating money for valid secular purpose that benefits a religion incidentally (e.g. policemen who protects the safety of clergymen); or the use of property for religious purposes as long as the property is available for all religions.

Specific Limitations on the power of appropriations (General Appropriations Bill)

1. Congress may not increase the appropriations recommended by the president for the operation of the government as specified in the budget.

2. No law shall be passed authorizing any transfer of appropriation. However, the president, senate president, speaker of the House, chief justice of the Supreme Court, and heads of constitutional commissions may be authorized to augment any item in the general appropriations law for their respective office from savings in other items of their respective appropriations.

3. 3. If Congress fails to pass the general appropriations bill by the end of the fiscal year, the previous year's appropriation bill is deemed reenacted and shall remain in effect until a new one is passed.

Source: Article VI of the 1987 Constitution

Family Ties: Politics and kinship in the House of RepresentativesPolitics in the Philippines, quipped Ilustrado author Miguel Syjuco in a radio

interview, is more than just a vocation but a family business.5 His novel, recipient of the 2008 Man Asia Literary Prize, satirizes the Philippines’ brand of oligarchic politics through interweaving layers of fiction and non-fiction. Interestingly, the critically acclaimed Vancouver resident, an expatriate since 11, himself hails from the sort of

5 Lynn Neary, “'Ilustrado' Satirizes Politics In The Philippines:” Interview with Miguel Syjuco, May 14,

2010, NPR, http://www.npr.org/templates/story/story.php?storyId=126821415 (accessed April 24, 2010)

family his novel vilifies. “My father served as one of the cabinet ministers in Arroyo's government, and he's been a congressman for many years and he's running again,” he admits. “And so what happens is in a traditional family like ours, many children are pushed towards doing this and very often for the wrong reasons. And I think this just adds to the culture of corruption and patronage,” he laments.

Augusto Syjuco, Miguel’s father, served as Iloilo representative during the 11th and 12th Congress and is currently representative of the province’s 2nd district (15th Congress). Syjuco’s political career however stretches back to 1971 when the then young Wharton graduate served as one of the trusted think tanks of Gloria Macapagal Arroyo’s father—then president Diosdado Macapagal.

But Syjuco’s political resiliency is tame by Philippine standards. Numerous studies have long tied the problems confronting electoral exercise in the Philippines to political institutions dominated by powerful and wealthy political families (Gutierrez, Torrente, and Narca 1992; McCoy 1993, Rivera 1994; Simbulan 2005; Rivera 2012). The Syjucos are what some observers of Philippine politics might refer to as new political elites, families who do not necessarily belong to the traditional political clans but in time were able to secure their own political niche through their business foothold and wealth.

Teehankee in a 2007 Philippine Center for Investigative Journalism article says that the 160 families who have made Philippine Congress their second homes have practically become fixtures in Philippine politics. These families would typically have two or members serving in the legislature and account for 424 or about a quarter of the 2,407 who have sat in Congress from 1907 to 2004. In a recent work, Rivera (2012) found that 178 political families have dominated the post-Marcos Congress since its inception in 1987. This means that there is at least one political family in each of the 77 provinces in his study, with some having as much as five or six ruling clans. There would be, on average, about two political families contesting each other in their respective turfs.

My own data reveals that from 1987, or since the first post-Marcos Congress, on average about half of the members of the House of Representatives have had relatives who held elective positions at the national or local level. This figure is modest since the definition of an elective office is here narrowed to that of a vice-mayor and above. Being in a political family hence means having a relative up to the third degree of consanguinity or affinity6 who is or had served in a position of a vice-mayor or higher local or national elective office. Lower level offices may not necessarily be what aspirants desire but, as De Dios (2007) notes, they are stepping stones for higher more powerful positions. In a system of political dynasties family members typically vie for all elective local positions as much as possible, or succeed one family member as seamlessly as possible. This effectively circumvents the term limits imposed on elective positions making it uncommon to encounter localities governed by the same family for generations. Younger members of political clans typically take or made to take advantage of low-level local positions as training ground before finally assuming positions as city mayors, provincial governors or congressional representatives. The most potent combination to secure power, De Dios observes, is that of membership in the House of Representatives and

6 Sec. 3 (k) of Republic Act 6713, the Code of Code of Conduct and Ethical Standards for Public Officials and Employees defines a relative as “any and all persons related to a public official or employee within the fourth civil degree of consanguinity or affinity, including bilas, inso and balae.”

holding the position of governor or mayor as it consolidates local executive power with access to national resources.

My data also indicates that on average about six in ten of those elected to the House have been in office for multiple terms. In the 8th Congress alone, 59 or about a quarter of the total number of representatives were former members of the interim and regular Batasang Pambansa,7 with the most resilient having served for nine terms. By the end of the 14th Congress, about six in ten House members have had occupied the same office for at least two terms.

There was a noticeable decline in the number of members from political families in the 9th and 10th Congress despite the gradual increase in the number of elected representatives. Incidentally, both 8th and 9th Congress took place during former president Fidel Ramos’ term. Thereafter, however, the number of members from political families went up again and their number has since remained almost steady.

Figure 1.1.a. Members of political families in Congress, 1987-2009

Whose interest does the House of Representatives represent?

219 217225 221

234 239

275

10294

75

123 128143

125

59

122

185

98

138

174

149

8th 9th 10th 11th 12th 13th 14th 8th 9th 10th 11th 12th 13th 14th 8th 9th 10th 11th 12th 13th 14th

Total no. of members Members from political families Members with multiple terms

Source: Author (based on figures from the House of Representatives); Coronel, Chua, Rimban and Cruz (2004).

Note: The number of House members is cumulative and includes those who have assumed office by special election or upon the result of a final judgment on an election contest.

For certain, it is not uncommon for contemporary democracies to encounter political dynasties—the Kennedy’s and the Bushes are textbook examples in no less than what is regarded as the epitome of modern democracy. Studies suggest that perpetuation is a cycle as those who are able to hold on to their office for a longer period of time are likely to have relatives in elective office in the future (Dal Bo, Dal Bo and Snyder 2009; 7 The Batasang Pambasa (National Assembly) was a unicameral parliament initially established as an interim assembly in 1978 and finally as a regular legislature in 1984 and whose members included the incumbent president (Marcos) and the vice president.

Rossi 2010). However, there is evidence suggesting not only that this phenomenon exists but that it takes place in greater magnitude in the Philippines. Querubin (2010), for instance, found that, those who had been elected as representatives or governors are four times more likely to have a relative in office in the future than candidates who run and lose. Candidates who come from what the study defines as dynasty8 are 22 percentage points more likely to succeed in an election than their “non-dynastic” counterparts. More importantly, however, Querubin’s findings suggest that the political system itself paves the way for new powerful families since previously non-dynastic officials who have gained access to power are more likely to create political dynasties of their own. It is not surprising, therefore, why wealth and power are the two dominant features characterizing members of Congress (Coronel et al 2004).

By sheer affluence and status alone, a typical member of the House is already worlds apart from the average Filipino. A congressman is likely to be male, well-educated—most likely a lawyer—and in one of two occasions would have a relative who had previously served in local or higher national position. Membership in a political family, however, appears to be spread across genders and across ages (Mendoza, Beja, Yap, and Venida 2012). He is also likely to be well-off, with various businesses and income sources, and whose wealth tend to increase the longer he stays in office (Coronel et al 2004; Mendoza et al 2012).

Consider how wealthy congressmen have become over the years. In the 9th Congress (1992-1995), the average net worth of a representative is P8.4 million (Coronel 2004).9 In 1994, an ordinary Filipino earns on average only P83,161 a year.10 This means roughly that in 1994 an average congressmen earns more than a hundredfold of that of his typical constituent. In the 11th Congress (1998-2001), the average net worth has risen dramatically to 20.6 million pesos per congressman. An average Filipino in 2000 earns only P144,039 per year, which is again not even one percent of that of the average legislator. In the 12th Congress (2001-2004) the average net worth for congressmen was about 21.9 million pesos. The average income for the rest of the population in 2003 is a measly P148,000; suggesting that socioeconomic distance between constituents and representatives is an enduring feature unlikely to go away too soon. GMA News Research in a July 27, 2011 story, reports that based on the 2010 the Statement of Assets, Liabilities and Net Worth (SALN) of district representatives in the 15th Congress (not covered in this study) a House member’s average net worth is about 120 times bigger than the average Filipino family income.11 Only four of the 228 members comprising the House do not belong to families that earn about P2.4 million a year. In 2009 the ordinary Filipino earns on average only about P206,000 per year (NSO 2011).

8 Querubin (2010) defines a political dynasty as “families whose members have exercised formal political power for more than one generation” (2).9 The figures were based on the statement of asset and liabilities which a public official is required to submit under the 1987 Constitution; Republic Act No. 3019 or the Anti Graft and Corrupt Practices Act; and Republic Act No. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.10 Based on figures released by the National Statistical Coordination Board. See http://www.nscb.gov.ph/secstat/d_income.asp11 GMA News Research, “Millionaire congressmen represent poor constituents,” GMA News Online, http://www.gmanetwork.com/news/story/227624/news/nation/millionaire-congressmen-represent-poor-constituents (accessed April 26, 2012)

The richest congressman by the end of the 14th Congress had a net worth of P947,883,619 or almost a billion pesos. The top spot went to Las Pinas Rep. Cynthia Villar, wife of three-term congressman, House speaker, and presidential candidate Manny Villar. Interestingly, the ten richest members of the House all belong to what this study defines as a member of a political family. As for the poorest members of the House, all except for Bohol representative Adam Relson Jala, are partylist representatives. The poorest congressman (Rafael Mariano of Anakpawis) has a net worth of only P42,219; not even enough to buy an iPhone in the Philippines.

Source: Inquirer.net (2010)

(tie here the importance of wealth to politics, family to politics)

How a bill becomes a law according to the Constitution

How a bill becomes a law in practice

The 10 richest congressmen and the 10th poorest member of the 14th Congress House of Representatives

1,400,000

153,718,040

166,400,000

172,400,000

192,071,000

231,253,585

288,514,367

315,500,000

447,529,000

477,263,295

947,883,619

Mujiv Hataman (Anak Mindanao)

Antonio Diaz (2nd Zambales)

Glenda Ecleo (Dinagat Island)

Aurelio Gonzales Jr. (3rd Pampanga)

Ferjenel Biron (4th Iloilo)

Monica Louise Teodoro (1st – Tarlac)

Judy Syjuco (2nd – Iloilo)

Ferdinand Marcos Jr. (2nd- Ilocos Norte)

Julio Ledesma IV (1st - Negros Occidental)

Ferdinand Martin Romualdez (1st- Leyte)

Cynthia Villar (Las Piñas)

Number of laws voted in the House

846

397

533

648

204

975

1220

267 235178

105 131 156

273

8th Congres 9th Congres 10th Congres 11th Congres 12th Congres 13th Congres 14th Congres

Aquino Ramos Estrada Arroyo

local bills national bills

President Congress Bills voted on the House Bills certified as urgent

national local all

bills national local all billsShare over

totalShare over

national

Aquino 8th 267 846 1113 39 3 42 3.8% 15.7%

Ramos 9th 235 397 632 22 2 24 3.8% 10.2%

10th 178 533 711 25 0 25 3.5% 14.0%

Estrada 11th 105 648 753 19 1 20 2.7% 19.0%

Arroyo 12th 131 204 335 24 1 25 7.5% 19.1%

13th 156 975 1131 25 7 32 2.8% 20.5%

14th 273 1220 1493 25 5 30 2.0% 11.0%

Total 6168 Total 198 3.2% 14.7%

Top 10 most common areas of legislation (local and national), 8th to 14th Congress

1217212226

3375

214219

3061112131316

22283235

140208

77910

1719

293338

155289

66677101215

274446

248255

77881112131718

3248

8710101015

2027303034

4044

295440

22232626313438

4562

349610

agriculture and foodtaxation

elections and suffragegovernance and reorganization

local governmentdeclaring a holiday

franchisesnaming and renaming structures

building schoolsbuilding hospitals

education policytrade, industry and economy

taxationelections and suffrage

local governmenttourism

building hospitalsnaming and renaming structures

declaring a holidayfranchises

building schoolsprofessional regulation

trade, industry and economytourism

public landsdeclaring a holiday

naming and renaming structuresbuilding hospitals

local governmentpublic works

franchisesbuilding schools

childrencreating a new agency or court

public landselections and suffrage

education policytourism

naming and renaming structuresenvironment

declaring a holidaylocal government

franchisespublic works

building schoolsbanking and finance

environmentlaw and justice

taxationcreating a new agency or court

professional regulationlocal government

declaring a holidaynaming and renaming structures

franchisespublic works

building schoolscreating economic zones

labortaxation

agriculture and foodfranchises

naming and renaming structurespublic lands

law and justiceenvironment

local governmentdeclaring a holiday

public worksbuilding schools

public healthagriculture and food

creating a new agency or courtpublic lands

local governmentlaw and justice

naming and renaming structuresenvironment

declaring a holidaypublic works

building schools8t

h9t

h10

th11

th12

th13

th14

th

Source: Author (based on data from the House of Representatives, Philippines)Note: In most cases, there are areas which indicate the same frequency of cases. For instance, in the 9th Congress, “elections and suffrage“ and “taxation” share the 8th spot. In these instances, both will be taken into account, hence, some Congress can have more than 10 entries.

Top five most common areas of national legislation, 8th to 14th Congress

1114

1622

4678

101010

1396

444455555566677

6744455567

2255556778

1222

555556666777

991010101010

1314

2234

public healthelections and suffrage

taxationgovernance and reorganization

franchiseslabor

governance and reorganizationeducation policy

trade, industry and economyelections and suffrage

taxationfranchises

social welfarehousing

law and justiceelections and suffrage

heritage, culture or languageappropriation

agriculture and foodbanking and finance

labortaxation

local governmentpublic health

education policyprofessional regulation

trade, industry and economyfranchises

veteransappropriation

banking and financechildren

professional regulationtrade, industry and economy

environmenteducation policy

franchisescrime and law enforcement

agriculture and foodtrade, industry and economy

education policylocal government

law and justicebanking and finance

taxationprofessional regulation

franchisescivil service

social welfaregovernance and reorganization

womenprofessional regulation

citizenshipappropriation

environmentlaw and justice

housingmilitary and defense

crime and law enforcementpublic health

franchiseslabor

taxationdeclaring a holiday

trade, industry and economyfranchises

education policyenvironmentpublic health

law and justice8t

h9t

h10

th11

th12

th13

th14

th

Source: Author (based on data from the House of Representatives, Philippines)Note: In most cases, there are areas which indicate the same frequency of cases. For instance, in the 9th

Congress, “governance and reorganization,” “education and policy,” and “trade industry and economy” share the third spot. This explains why, except for the 8th Congress, the rest have more than five entries.

How a bill becomes a law according to the Constitution“Ignorance of the law,” an old adage goes, “excuses no one.”12 This old Latin

maxim, albeit familiar to most students of law, is nevertheless taken for granted until it hits you. Unfortunately, it is not uncommon for the general public to be caught unaware that a law prohibiting a certain act or securing a right has been passed. A representative’s term last for three years, some can go for even three full terms, during which period he can author as many measures as he can. How does a measure become a law? If sovereignty resides in the people as the Constitution guarantees, how much of these laws that passed reflect the public’s aspiration?

As a matter of procedure, a measure has to undergo these steps to become law:

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

12 Lex ignorantiam non excusat.

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.

A joint resolution which has the force and effect of a law goes also through the same process, although this research is primarily focused on legislative measures alone.

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ALMARIO, THELMA Z.PALACOL, MAGDALENO M.

DRAGON, RENATO P.DEL MAR, RAUL V.

ANDOLANA, GREGORIO A.TIROL, DAVID B.

BANDON, ALAWADIN JR. T.TUPAS, NIEL D.

RAMIREZ, JOSE T.MONFORT, NARCISO D.ROMUALDO, PEDRO P.

CATANE, PERCIVAL B.PAYUMO, FELICITO C.

BELMONTE, FELICIANO JR. R.PARAS, JEROME V.

PLAZA, CHARITO B.TUAZON, RODOLFO T.

DEL MAR, RAUL V.ESCUDERO, SALVADOR I II H.

DRAGON, RENATO P.LIBAN, DANTE V.

ABAYA, ANTONIO M.AUMENTADO, ERICO B.

DEL MAR, RAUL V.CALALAY, REYNALDO A.

ADIONG, ABDULMALIK MAMINTAL M.TUPAS, NIEL D.

RAMIREZ, JOSE T.DEJON, TEMISTOCLES SR. S.

AVILA, EDGAR M.MONFORT, NARCISO D.

LIBAN, DANTE V.GONZALEZ, JOSE MARI C.

AUMENTADO, ERICO B.VICENCIO, ROMUALDO T.

MONFORT, NARCISO D.LORETO-GO, MA. CATALINA L.

BASCUG, ALEX G.LIBAN, DANTE V.

PONCE, NESTOR JR. C.FARIÑAS, RODOLFO C.

UNDE, GORGONIO P.ESCUDERO, FRANCIS G.

JARAULA, CONSTANTINO G.ECHIVERRI, ENRICO R.

ANDAYA, ROLANDO JR. G.ANGARA-CASTILLO, BELLAFLOR J.

DEL MAR, RAUL V.ESPINO, AMADO JR. T.ZIALCITA, EDUARDO C.

MONFORT, NARCISO D.SYJUCO, AUGUSTO JR. L

CHATTO, EDGAR M.BARINAGA, ROSELLER L.

ABAYON, HARLIN C.SALCEDA, JOEY SARTE

ANDAYA, ROLANDO JR. GUTIERREZLACSON, JOSE CARLOS V.

AMIN, HUSSIN U.REYES, EDMUNDO JR. O.

CODILLA, EUFROCINO SR. M.FIGUEROA, CATALINO V.

CHATTO, EDGARDO M.ALMARIO, THELMA Z.

CUA, JUNIE E.CALIMBAS-VILLAROSA, AMELITA

TEODORO, MARCELINO R.LAGMAN, EDCEL C.

RODRIGUEZ, RUFUS B.CODILLA, EUFROCINO SR. M.

SANTIAGO, NARCISO I II D.DE GUZMAN, DEL R.

8th

Cong

ress

9th

Cong

ress

10th

Con

gres

s11

th C

ongr

ess

12th

Con

gres

s13

th14

th C

ongr

es

Policy Areas 8th 9th 10th 11th 12th 13th 14th Total

building schools 219 208 289 255 87 440 610 2108public works 2 2 38 248 48 295 349 982franchises 75 140 155 46 32 20 19 487building hospitals 306 28 29 2 1 4 12 382naming and renaming structures 214 32 19 12 18 27 38 360declaring a holiday 33 35 17 27 17 44 62 235local government 26 16 33 44 13 40 31 203environment 5 3 1 15 7 34 45 110law and justice 8 5 4 0 8 30 34 89public lands 2 2 10 6 3 30 26 79tourism 4 22 9 10 1 8 14 68taxation 17 13 5 3 8 10 9 65agriculture and food 12 3 5 1 5 15 23 64education policy 9 11 6 7 5 6 14 58public health 11 5 6 2 3 9 22 58elections and suffrage 21 13 5 7 2 3 5 56creating a new agency or court 6 3 4 6 11 0 26 56professional regulation 7 5 7 5 12 5 9 50trade, industry and economy 9 12 7 5 5 2 10 50governance and reorganization 22 8 1 3 3 5 3 45labor 6 7 5 3 1 10 4 36crime and law enforcement 6 3 3 1 5 7 9 34banking and finance 7 4 5 4 7 2 4 33civil service 10 3 3 3 1 5 7 32housing 3 5 5 1 1 7 9 31heritage, culture or language 5 2 6 2 2 5 8 30appropriation 6 3 5 4 2 6 4 30citizenship 3 5 0 1 2 6 9 26creating economic zones 0 3 1 3 0 10 8 25public order and safety 4 1 3 3 3 2 9 25infrastructure and public goods 6 2 1 3 1 5 6 24military and defense 6 2 3 2 2 7 1 23women 6 2 1 1 4 5 4 23sports and youth 5 3 2 2 0 4 7 23social welfare 3 3 4 0 2 5 5 22energy 4 5 0 1 0 6 4 20persons and family relations 4 1 3 1 2 2 3 16science and technology 5 1 4 1 1 0 3 15veterans 1 2 1 4 1 3 3 15cooperatives and small businesses 5 0 1 1 1 2 4 14children 0 0 1 6 2 0 4 13migrants and OFW 2 2 0 0 1 1 4 10peace efforts (inc. Muslim affairs) 2 0 1 1 2 2 2 10agrarian reform 1 5 1 0 0 1 1 9national disaster 2 1 0 0 1 0 4 8foreign policy 2 0 1 1 1 0 2 7civic groups 1 0 0 0 0 1 4 6animal welfare 0 1 1 0 0 0 0 2population 0 0 0 0 1 0 0 1

Most Frequent Policy Areas of Legislation (national and local), House of Representatives, 1987-2009

Source: Author (using data from the House of Representatives, Philippines)

0

5000

10000

15000

20000

25000

30000

35000

1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

8th 9th 10th 11th 12th 13th 14th

total number of bills filed total number of bills enacted into law total number of bills passed in the House

Total number of bills filed per Congress, 1987 to 2009

0

2000

4000

6000

8000

10000

12000

14000

16000

18000

1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

8th 9th 10th 11th 12th 13th 14th

total number of national bills filed total number of local bills filed

Bills authored and co-authored filed per Congress, 1987 to 2009

0

50

100

150

200

250

300

350

400

450

500

1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

8th 9th 10th 11th 12th 13th 14th

total number of national bills enacted into law total number of local bills enacted into law

Authored and co-authored bills enacted into law, 1987 to 2009

0

2000

4000

6000

8000

10000

12000

14000

16000

1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

8th 9th 10th 11th 12th 13th 14th

authored bills filed for consideration authored bills passed in the House authored bills enacted into law

Legislative production at the House of Representatives, 1987 to 2009

0

2000

4000

6000

8000

10000

12000

14000

1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

8th 9th 10th 11th 12th 13th 14th

authored national bills filed authored local bills filed

Bill authorship by significance (national or local), 1987 to 2009

0

100

200

300

400

500

600

1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

8th 9th 10th 11th 12th 13th 14th

authored national bills passed in the House authored local bills passed in the House

Bills passed in the House by significance (national or local), 1987 to 2009

0

50

100

150

200

250

300

350

400

450

500

1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

8th 9th 10th 11th 12th 13th 14th

authored national bills enacted into law authored local bills enacted into law

Bills passed in the House by significance (national or local), 1987 to 2009

ReferencesCoronel, Sheila S., Yvonne Chua, Luz Rimban, and Booma Cruz. 2004. Rulemakers:

How the Wealthy and Well-Born Dominate Congress. Quezon City, Philippines: Philippine Center for Investigative Journalism.

Dal Bo, E., P. Dal Bo and J.Snyder. 2009. Political Dynasties. Review of Economic Studies 76(1):115-142.

De Dios, Emmanuel S. 2007. “Local Politics and Local Economy.” In The Dynamics of Regional Development: The Philippines in East Asia, ed. Arsenio Balisacan and Hal Hall, pp. 127-173. UK: Edward Elgar.

Fernandez, Perfecto V. 1983. Separation of Powers as Juristic Imperative. Philippine Law Journal 58(3): 245-255.

Gutierrez, Eric U., Ildefonso Torrent, and Noli G. Narca. 1992. All in the Family: A study of Elites and Power Relations in the Philippines. Quezon City: Institute for Popular Democracy.

McCoy, Alfred W. ed. 1993. An Anarchy of Families: State and Family in the Philippines. Madison: Center for Southeast Asian Studies, University of Wisconsin-Madison.

Mendoza, Ronald U., Edsel L. Beja, David B. Yap, and Victor S. Venida. 2012. An Empirical Analysis of Political Dynasties in the 15th Philippine Congress. Asian Institute of Management Working Paper 12-001.

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Querrubin, Pablo. 2010. “Family and Politics: Dynastic Persistence in the Philippines.” Mimeo. Massachusetts Institute of Technology.

Rivera, Temario C. 2012. “In Search of Credible Elections and Parties: The Philippine Paradox.” In Chasing the Wind: Assessing Philippine Democracy, ed. Felipe

Miranda, Temario Rivera, Malaya Ronas, and Ronald Holmes, pp. 46-94. Quezon City, Philippines: Commission on Human Rights.

Rivera, Temario C. 1994. Landlords and Capitalists: Class, Family and State in the Philippine Manufacturing. Quezon City: University of the Philippines Press.

Rossi, Martin. 2010. "The Causes of Political Dynasties in Democratic Countries," Mimeo. Universidad de San Andres.

Simbulan, Dante C. 2005. The Modern Principalia: The Historical Evolution of the Philippine Ruling Oligarchy. Diliman, Quezon City: University of the Philippines Press.

Teehankee, Julio. 2007. “And the clans play on.” Philippine Center for Investigative Journalism (March 7). http://pcij.org/stories/and-the-clans-play-on/ (accessed April 25, 2012).