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LEGISLATIVE DEPARTMENT

Legislative Power is essentially the authority under the Constitution to make laws and to alter and repeal them. This legislative function involves the determination of the legislative policy and its promulgation as a defined and binding rule of conduct through the enactment of a law. SENATOR 24 Senators a) Natural-born citizen of the Philippines a) Natural-born citizen of the Philippines b) at least 35 years of age on the day of the election b) at least 25 years of age on the day of the election QUALIFICATIONS c) able to read and write d) a registered voter c) able to read and write d) a registered voter in the district in which he shall be elected (for Congressional District) HOUSE OF REPRESENTATIVE 250 members popularly known as Congressmen

COMPOSITION

DISQUALIFICATIONS

TERM OF OFFICE

e) a resident of the Philippines for not less than e) a resident thereof for a period of not less than one 2 years immediately (1) year preceding the day of the election preceding the day of the election Disqualified to serve for Disqualified to serve for more than three (3) more than two (2) consecutive terms. consecutive terms. 3 years 6 years

KINDS OF ELECTION 1. Regular Election it shall be held on the second Monday of May. 2. Special Election it shall be called in case a vacancy arises in the Senate or House of Representative to fill such vacancy in the manner prescribed by law. TWO CLASSES OF OFFICE 1. Incompatible Office any kind of office or employment in the government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries during his term. 2. Forbidden Office any office created or the emoluments of which have been increased during the term for which he was elected, not merely during his tenure or period of actual incumbency. SESSIONS OF CONGRESS 1. Regular Session During the regular session, the Congress may legislate on any matter it deems fit. 2. Special Session it takes place when the President calls Congress, during the time that it is in recess 1

LEGISLATIVE DEPARTMENT | Rina Paula Burgos, SOH-DPSS

CLASSIFICATION OF POWERS OF CONGRESS The primary function of Congress is to legislate. The powers of Congress may be classified into: A. General Legislative Power Law refers to statues which are the written enactments of the legislature governing the relations of the people among themselves or between them and the government and its agencies. LEGISLATIVE DOCUMENTS A. BILL Steps in the Passage of a Bill: 1. First Reading 2. Referral to Appropriate Committee 3. Second Reading 4. Debate 5. Printing and Distribution 6. Third Reading 7. Referral to the other House 8. Submission to Joint Bicameral Committee 9. Submission to the President B. RESOLUTIONS A resolution has been defined as a formal expression of opinion, will, or intent by an official body or assembled group. Kinds of Resolution: a) SIMPLE b) CONCURRENT c) JOINT C. LEGISLATIVE JOURNAL Matter to be entered in the journal: 1. The yeas (affirmative votes) and nays (negative votes) on any question, passage of a bill, and repassage of a bill vetoed by the President. 2. The vote of each member of the House of Representatives in impeachment cases. 3. Matters involving national security shall also have to be entered in the journal. 4. Other matters which each House in its discretion may direct to be so entered in the journal. B. Specific Powers 1. Power to Declare the Existence of a State of War The Congress may not delegate its legislative authority to any other office, agency, or entity. The emergency power may be granted by law to the President only in times of war. 2. Power of Appropriation This power shall originate exclusively in the House of Representative but the Senate may propose amendments to them and refuse to approve them if their amendments are not accepted by the House of Representatives. Kinds of Appropriations: a) Annual or General Appropriation the annual expenses for the general operation of the government. It is known as the budget. LEGISLATIVE DEPARTMENT | Rina Paula Burgos, SOH-DPSS

b) Special or Supplemental Appropriation they include appropriations not contained in the budget. It is the supplement fund for the general appropriation. c) Specific Appropriation sum of money for the payment of a particular expense d) Continuing Appropriation a definite sum to be always available from year to year, without the need for a legislative action 3. Power to Impose Tax The Congress is authorized to delegate to the President its power to fix within specified limits tariff rates, import and export quotas and other dues subject to some limitations. 4. Power of Legislative Inquiry and Investigation 5. Power to Impeach Impeachment has been defined as a method of national inquest into the conduct of public men. Officials removable by Impeachment: a) President b) Vice President c) Members of the Supreme Court d) Members of the Constitutional Commission (COMELEC, COA, CSC) e) The Ombudsman Grounds for Impeachment: a) Culpable Violation of the Constitution b) Treason c) Bribery 1. Direct Bribery 2. Indirect Bribery d) Graft and Corruption e) Other High Crimes f) Betrayal of Public Trust Procedure in Impeachment Cases 1. Filing of Verified Complaint 2. Trial by the Senate 3. Requirements for Conviction C. Inherent Powers The powers possessed and can be exercised by every government because they exist as an attribute of sovereignty. Powers that are always deemed conferred by the people even if not expressly granted by them in the Constitution. These powers which are legislative in nature are the power of taxation, power of eminent domain, and police power. LIMITATIONS ON THE POWERS OF CONGRESS 1. Substantive the subject matter of legislation. a) Implied Limitations b) Specific Limitations c) Specific Limitations on Specific Powers 2. Formal the procedural requirements to be complied with by Congress in the passage of bills and the form and content of the same. LEGISLATIVE DEPARTMENT | Rina Paula Burgos, SOH-DPSS