This article explores the concerning power wielded by the Bicameral Conference Committee (bicam) in the Philippines, highlighting its ability to rewrite legislation passed by both houses of Congress. It argues that this practice undermines democratic principles and the sovereignty of the people.
The recent uproar over the 2025 national budget, particularly the significant cuts to education, healthcare and social services, has inadvertently highlighted a far more fundamental issue: the unchecked power of the Bicameral Conference Committee (bicam). While the public debate rightly focuses on the budgetary allocations, the underlying question of the bicam’s authority to fundamentally alter legislation passed by both houses of Congress remains largely unaddressed.
This oversight represents a dangerous erosion of democratic principles and warrants immediate attention.The 1994 Supreme Court decision on the Expanded VAT Law, while upholding the bicam’s power to amend bills, revealed a deep constitutional fissure. The dissenting opinion of then-Chief Justice Reynato S. Puno powerfully articulated the inherent flaw: an committee, lacking independent constitutional mandate, wielding the power to effectively rewrite legislation already approved by the elected representatives of the people. This, as Justice Puno argued, is not merely a procedural anomaly; it is a direct assault on the sovereignty of the people. The process is troubling. Both the House and the Senate, after extensive deliberations, pass their respective versions of a bill. These bills, representing the will of their respective chambers, are then sent to the bicam. The bicam, however, is not limited to reconciling differences; it possesses, according to the majority Supreme Court ruling, the power to create an entirely new bill, so long as it’s germane to the original subject matter. This effectively allows a small group of legislators to override the decisions of the entire Senate and House, undermining the very foundation of representative democracy. The argument that this practice is long-standing and accepted does not legitimize it. Tradition cannot supersede constitutional principle
Philippine Politics Democracy Bicameral Conference Committee Constitutional Law Legislative Process
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