The Job of Lawmaking Unknown to Lawmakers

By Michael Henry Yusingco, LL.M

So funny that media made a big deal out of lawmakers queuing like school kids to file their pet bills. The dedicated coverage of this mundane work seems to suggest that the act of filing a bill is some kind of measure of success. But being first to file a bill or having the highest number of bills filed does not prove anything at all. Media is wrong to celebrate this patently ministerial step. It is like congratulating journalists for being able to put pen to paper or typing words on a device.

Lawmaking is a job. It is not an entitlement bestowed on legislators by the electorate. It certainly does not endow aristocratic status on them and their families. Political dynasties are never ever “buena familia” in our context. In fact, they are the noose around our collective necks. And with the 20^th Congress now underway, it must be emphasized once again that every single lawmaker elected to the House of Representatives and the Senate bears a duty to fulfil and that is to enact the laws necessary to solve the many problems we face as a nation.

In his seminal book, Making Laws That Work: How Laws Fail and How We Can Do Better, the eminent jurist David Goddard wrote: “The first step in designing legislation that works is to identify and describe the relevant social problem, and the desired social change.” Clearly, lawmaking is fundamentally a problem-solving exercise and laws function as solutions to our problems. Hence, for the legislative process to deliver the outcomes that truly matter, we need lawmakers who can comprehend and internalize national concerns.

Therefore, lawmakers must, at the very first instance, be able to explain the public objective of a proposed measure. Or to put it differently, extrapolate on the problem that it intends to solve. The proponent must also elaborate on the disruptions that may occur, particularly those that would impact the public coffers and administrative continuity. Bad laws in our books mean that our problems will remain unresolved. And our suffering will only worsen if lawmakers do not perform this primordial part of the legislative process.

Needless to say, an integral component of the lawmaking process is to also figure out risks and unintended consequences. A mere desktop approach to the crafting of a bill will not suffice.  Lawmaking requires a combination of theoretical research and case study analysis. The work entails gathering information from a wide range of sources and using all available tools to analyze that information. Political narratives and perceptions based on mere anecdotal accounts might be helpful but will still be inadequate.

In a genuine representative democracy, the success of any proposed legislative measure often hinges not just on its technical merit or legal soundness, but also on the ability of its proponents to build a broad and resilient constituency. A law, no matter how well-intentioned or expertly drafted, will die if it lacks visible and active public support. Indeed, the real measure of success for lawmaking is the ability to galvanize community validation behind a legislative proposal because this will guarantee public compliance. People will obey laws that they fully understand and will likely disregard those that they do not.

Hence, the most crucial phase of the legislative process is to bring the proposed measure to the people. Building a constituency behind a legislative measure is both an art and a science. Lawmakers must organize activities that engage ordinary citizens in advocating for the measure. These might include town hall meetings, community assemblies, and virtual roundtables. But critically, this effort demands a strategic mix of storytelling, coalition-building, grassroots organizing, and media engagement.

Laws that are essentially railroaded by legislators usually only benefit the wealthy and powerful class. This is our truth. Therefore, lawmaking cannot be reduced to the mere act of filing a bill. It is simply ridiculous for legislators to claim fame on the basis of the number of bills filed. It is even more ludicrous for the media to devote airtime to this inanity. The real work of lawmaking is rigorous research and extensive public engagement. This is where the spotlight should be focused on.