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MANILA, Philippines — After former Sen. Bam Aquino emerged as one of the frontrunners in the senatorial race, multiple posts began circulating online with a similar narrative: accusing him of credit-grabbing for the passage of the free tuition law.
The posts argue that credit should go to former President Rodrigo Duterte for signing it. This has sparked questions about how a measure becomes a law and who truly deserves the credit.
According to the Philippine government’s public journal, the Official Gazette, the legislative branch crafts enabling laws through bills and resolutions.
Also known as Congress, the legislative branch is composed of the House of Representatives and the Senate. The House has over 300 members, while the Senate has 24.
Let’s take Republic Act 10931, or the Universal Access to Quality Tertiary Education Act, as an example.
Bill filing
How a bill becomes a law starts with the draft made by any member of Congress who will file a bill, either individually or with others.
Committees from either chamber of Congress may also propose legislation, often based on the results of inquiries or recommendations from government agencies and stakeholders.
Timeline. The Free Tuition Law was first proposed by former Rep. Terry Ridon through House Resolution 2135 on May 27, 2015, during the 16th Congress under the late President Noynoy Aquino’s administration.
Sen. Sherwin Gatchalian, who was then the representative of Valenzuela in the 16th Congress, authored House Bill 5905 — the Free College Bill — filed on July 28, 2015.
This bill is recognized as the first of its kind. Former Quezon Rep. Alfred Vargas filed a similar measure, House Bill 6379 or the Tuition-Free Higher Education Act, on Jan. 11, 2016.
The first counterpart bill in the Senate, Senate Bill 2986, was introduced earlier by then-Senator and now Finance Secretary Ralph Recto on Oct. 6, 2015.
Differences between authors, sponsors
Those who first file a bill on a particular subject, whether alone or jointly, are considered its principal authors.
- Principal authors are the main legislators who draft and formally file the bill. They are recognized as the chief sponsors and usually deliver sponsorship speeches during plenary deliberations.
- Recto was then a principal author, even in the 17th Congress, when he and Sen. Joel Villanueva filed another free college bill through Senate Bill 61.
- Co-authors are lawmakers who endorse the bill by attaching their names to it. While not primary sponsors, they help promote the measure during debates and committee hearings.
In the Senate, the sponsorship speech is usually delivered by the chairperson of the committee who reviewed and approved the proposed bill or related measures. However, this person is not necessarily the original sponsor of the bill.
How Bam became a sponsor. This was the case for Bam Aquino, who principally sponsored the consolidated version of Senate Bill 61 and other similar measures.
These were merged through Senate Committee Report No. 28 on Jan. 23, 2017, which resulted in Senate Bill 1304, or the Affordable Higher Education for All Act.
At the time, Bam chaired the Senate Committee on Education, Culture and Arts, one of the sponsoring committees for the consolidated bill, along with the Committee on Finance.
This makes Bam one of the lawmakers who pushed for free tuition for college students in state and local higher education institutions.
But what exactly happens after a bill is filed? It goes through four main stages in its respective chamber.
For example, in the House of Representatives, a bill must pass the following stages:
First reading
The secretary general reads the bill’s number, title and authors during a plenary session. At this point, the principal author may propose to include additional authors.
The bill is then referred to the appropriate committee for further study.
Committee Consideration
The committee evaluates the bill, along with similar bills, if any, and may invite stakeholders, government agencies, and subject-matter experts to provide input. Based on these discussions, the committee may:
- Suggest amendments
- Consolidate similar bills into one version
- Recommend a substitute bill altogether
Once the committee agrees on a version, it prepares a committee report, which is then submitted to the plenary.
Second Reading
During the second reading, the secretary general again reads the bill’s number, title and full text. By this time, copies of the bill should have been distributed to all House members.
This stage includes:
- Sponsorship and debate, where the chairperson of the sponsoring committee — or a designated member — delivers a sponsorship speech, followed by any of the principal authors who wish to speak.
- Period of amendments, during which members may propose changes to the bill.
- Voting which requires a quorum. A majority vote is needed for the bill to pass this stage.
Third Reading
This is the final stage of approval in the chamber. Members are given a copy of the bill, now including all approved amendments. No further amendments are allowed at this point.
The bill is then put to a final vote. If a majority of those present vote in favor, the bill is passed by the House.
The approved bill is then transmitted to the Senate, where it goes through the same process. The Senate may either pass its own version or adopt the House version as is, and vice versa.
Bicameral conference committee
If the House and Senate versions differ, a bicameral conference committee is formed to reconcile conflicting provisions.
This committee is composed of members from both chambers, typically appointed by the House Speaker and the Senate President.
The committee drafts a conference committee report detailing the agreed-upon changes or amendments.
The report must then be ratified by a majority vote of those present in both the House and Senate. Once ratified, the final version of the bill is enrolled and signed by the Senate President and House Speaker.
President’s action
The enrolled bill, now the final version approved by both chambers, is transmitted to the president, who has two options:
- Sign the bill into law, in which case it is assigned a Republic Act number and takes effect 15 days after publication in the Official Gazette or in at least two national newspapers.
- Veto the bill, returning it to the chamber where it originated, along with a message explaining the reasons for the veto.
If vetoed, Congress may:
- Override the veto with a two-thirds vote in both the House and Senate, in which case the bill becomes law despite the president’s objection.
- Accept the veto, which means the bill does not become law.
This process ensures that even a vetoed bill may still become law, provided both chambers vote to override the president’s decision.
Inaction. If the president takes no action on the enrolled bill within 30 days, the 1987 Constitution provides that it will automatically become law. This is often referred to as a bill that “lapses into law.”
In essence, the bulk of the lawmaking process takes place in Congress, while the President reviews the measure — either signing, vetoing or ignoring it. Once enacted, funding for its implementation is then allocated, which is also decided by the legislative branch.
Read how Bam became a target of a coordinated information campaign discrediting his efforts to push for the free tuition law's passage here.
