271059/271347/E-02472/E-04036 Concurring and Dissenting Opinion: Justice Maria Filomena D. Singh — Official PDF

Concurring and Dissenting Opinion 25 G.R. Nos. 271347, 278353, E-02472 & E-04036 provides for its ratification. Senate Rule XII, Section 3561 similarly contemplates the reconciliation of differences and requires a comparative presentation with a11 explanatory statement. These provisions establish the committee's subordinate pos1tion. They do not, however, answer the distinct question of how far its recommendations ma)' extend when the chambers subsequently approve them .• To say that the BCC is constituted to reconcile differences identifies its ordinary function. The Constitution does not expressly impose that further restriction, and the Court's decisions do not support treating it as an implied and unalterable boundary on conference authority. In Philippine Judges Association v. Prado,62 the petitioners challenged a provision withdrawing their franking privilege because it appeared only in the conference report, had not been included in either original bill, and had never been a subject of disagreement between the two Houses. The Court rejected that procedural objection. It recognized that conference authority was not invariably confined to the precise differences between the bills and took account of the report's subsequent approval by both chambers.63 Thus, the Conference Committee Reports. - The conference committee shall finalize a report 1,,ithin _[60] session days from the date of its organization. Otherwise, the Members of the House panel shall submit areport to the House explaining why the conference committee is unable to prepare a repo,t. A conference committee report shall be signed by a majority of the Members of both panels on the last page and every page thereof. The report shall contain a clear and detailed statement of the changes in or amendments to the subject measures. Copies of the original measures approved by the House and the Senate shall be attached to the repmt. The report shall be filed with the Secretary General together with an electronic copy thereof. The consideration of conference committee reports shall always be in order; except when the Joumal is being read, while the roll is being called, or the House is dividing on any question. The consideration of the conference committee rep·01t shall not be in order unless copies thereof are dis1ributed to the Members: Provided, That in the last [I 5] days of each session pe1iod, it shall be deemed sufficient that three [] copies. of the repo1t, together with an electronic copy thereof, are filed with the office of the Secretary General. A conference committee report shall be ratified by a majority vote of the Members of the House present, there being a quorum. 61 Rules of the Senate, Rule XII, sec. 35 provides: In the event that the Senate does not agree with the House of Representatives on the provision of any bill or joint resolution, the differences shall he settled by a conference committee of both Houses which shall meet within [l OJ days after their composition. The President shall designate the members of the Senate panel in the conference committee with the approval of the Senate. Each Conference Committee Report shall contain a detailed and sufficiently explicii statement of the change.~ i~. or amendments to the subject measure, and shall he signed hy a majority of the memhers of, each House panel, voting.separately., . . A comparative presentation of the confltcting House and Senate provisions and a reconciled version thereof 11:ith the e.x,planatory statement of the COl?[erence committee shall he attached to the report. The consideratJon of such report shall not be in order unless the report has been filed with the Secretaiy of the Senate and copies thereof have. been dist.·ibuted to the members. TI1e presentatiou of reports of conference committees shall ahvays be in order YYhcn available, except when the Journal is bebg read or a question of order or a motion to adjourn is pending, or while the Senate is voting or ascertaining tht:: presence of a qulmlm; and when received, fae question of proceeding to the con.sideration of the repo1t shall be detcnnincd without debate. (Emphases supplied) 62 298 Phil. 502 (1993) [Per J. Cruz, En Banc). 63 Id. at 509-51 I.