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Chapter 11: The Legislature

Definition
Legislature is law-making body of a political unit that has
the power to revise, amend repeal, and alter the law.
Historical Background.
1.Citizens assembly of ancient Athens.
-declaration of war
-negotiation for peace
-formulation of alliances
-voting for taxes
2. Roman empire
-as explained by theory of Cicero and Ulpian, the law
might arise by the enactment of popular assembly
(leges) or vote of authorized part of the people
(plebescita), or by decree of senate (senatus consulta) or
by decree of Emperor
3. England
-legislature is premiere body which makes laws, was first
developed.
4. Parliaments essentially European in origin
-great Britain and Scndinavian countries adopted
starting with French revolution.
Functions of Modern Legislature
1. Lawmaking
2. Electoral Function- congress counts votes and
proclaim winners of election.
3. Constituent or Constitutional Function- amend
constitution.
4. Control of Administration.
Appropriation- abolish administrative
officers by eliminating their
appropriation.
Executive power- reject appointments by
chief executive.
Investigative power- find abuse, anomalies,
graft , and corruption by administrative
officials.
Judicial power- impeach President and SC
justices.
5. Internal Discipline- suspension or expulsion of its
members.
Structure and Organization of the Legislature
British parliament evolved from the Kings Great
Council. King John in 1213 summoned 4 knights from
each country to meet with his Great Council.
King Edward in 1295 formed model Parliament.
1.Bicameral.
House of Lords & House of Commons.
US
Continental Europe shifted bicameral
France bicameral under third republic
Germany
Philippines 1907, Phil commission- upper
house
Phil assembly- lower
house.
1916, House of Senate
House of representatives
1940, bicameral
1987, Bicameral congress
Advantages of Bicameral legislature

(1) Affords careful scrutiny and consideration of

proposed measures before they are passed into
laws.
(2) Guarantees protection of the peoples welfare
against the tyranny of single house.
(3) It practices division of labor where more
important measures originate in one house and
minor matters are concern of the other.
(4) Provide means by which special interest are
presented in one chamber which are distinct
from the representation by members of the
other.
(5) More suitable to large countries with
heterogeneous population.
Disadvantages of Bicameral legislature
(1) Entails bigger govt expense of salaries of the
legislators.
(2) Difficult to pinpoint responsibility in the passage
of defective and unwise laws.
(3) Much delay in the passage of legislation.
(4) In parliamentary, LH has more predominance in
authority than the UH.
2.Unicameral
Model parliament was formed at the
command of King Edward I in 1295.
In continental Europe, some adopted
unicameral but shifted to bicameral.
France adopted Unicameral in 1791 and in
1848 under the second republic, shifted
bicameral on third republic.
Germany
Philippines -Malolos congress.
-Phil. Commission ( Americans up
to 190)
.
-1935, National assembly
-1973- National Assembly
-Interim Batasang pambansa
temporary
legisl. for the crisis
govt.
-Regular Batasang
Pambansa(1973Cons.)
elect members on May
14, 1984.
Abolished by EDSA revolution on
Feb. 25, 1986. Become bicameral
by 1987 const.
Advantages of Unicameral legislature
(1) Economical to maintain.
(2) Easy to pinpoint responsibility whenever laws
passed are found defective.
(3) Enactment of legislation is done with greater
facility in single-chamber legislature.
(4) Principle of representation is much simplified in
that the members represent both local and
national interest.
Disadvantages of Unicameral legislature
(1) Consideration of measures may not be thorough,
they may not be able to fully scrutinized resulting
to ill-considered legislation.
(2) May be influenced by demagogues and
tyrannized by domain interest.

(3) May tend to become abusive when it knows that

there is no counterbalancing force to check its
excesses.
(4) Ill-adapted to federal govt countries.
(5) Legislative body may become a forum of
bickerings, irresponsible special interest where
groups of members represent distinct classes,
with each group confronting each other and
engaging in undisciplined debate of bills.
Composition of the Legislature
In general, modern legislature is composed of lawmakers sufficiently big enough to inspire sensible
debate or discussion.
Example: Great Britain- House of commons-630
members
-House of Lords- 900
members
Manner of Selecting Legislative Members
Most modern legislative bodies were constituted by
election of its members.
Members of lower chamber are chosen by popular vote.
Elected under Systems of Representation:
(1) Geographical- country is divided by 2 districts
with one elective representative for each.
(2) Proportional- country is divided into big districts,
each of which elects 2 or more representative
according with the size of electorate.
House of Lords of Great Britain is composed of nonelective members the hereditary peers, law & spiritual
lords, and increasing number of peers appointed for life.
Members of senate of Canada are not elected but
appointed for life.
Qualifications of legislators
Citizenship- for the formulation of a policy for
peoples welfare and for safeguarding nations
interest needs proven loyalty to the state.
Attainment of Majority Age- acquired certain
degree of intellectual maturity and experiences.
Members of upper chamber are older than those
of the lower house.
Phil senate- 35 y/o and representatives- 25 y/o.

Residence- residence required is legal, not actual

Resident is more knowledgeable of local
condition and problem of district.
-Phil Rep must reside in the legislative district
where he shall be elected for a period not less
than 1year.
-Phil Senate must reside not less than 2years.
-In US all chosen congressman are resident of the
state.
-England- residence is not requisite.

Literacy- candidate attained certain educational

level is more preferable. Having wider range of
knowledge about economic, political and social
life of the nation.
Tenure of Office
Period which members serve is provided by the
law. Theres a fixed term but may be shortened
with an earlier dissolution as in parliamentary
government.
Organization of the legislature

the first order is the election of officers such as

the presiding officer, secretary, sergeant-at-arms,
the majority floor leader, or the whip, and others.

The Presiding Officer

depends upon who is chosen by the majority
party.
In US, Vice pres. Of the state who is chosen by
electoral college serves as the president of the
upper hose.
In US, majority of states, Lieutenant Governor
chosen by popular vote becomes the presiding
officer of the state.
However, If the VP becomes the US Pres, and the
Lieutenant Gov, the presiding officer of both
chambers comes from the majority party are chosen
by their members.
In Great Britain, Lord Chancellor is appointed by
the Cabinet and is made a peer and presiding
officer of the House of Lords.
House of Lords- the highest formal court of judicial
appeals.
The lord Chancellor as the presiding officer of
house of Lords heads the highest court of judicial
function.
In Phils, 1935- Senate pres is chosen from
majority party by the majority vote of all members
of senate.
1987- Senate pres is elected by
members of his party in the senate in coalition
with members of other parties.
Committee in the legislation
-(working horses of legislature)
- small replicas of legislative body created to save
time.
(1) Standing committees- small bodies to which
bills dealing with a particular subject are
referred to action. Members are chosen by party
caucus and approved by the legislature. Their
number depends on the nature of bills submitted
to legislature. - committee on educ.ation
-committee on national defense
- committee on foreign affairs
Passage of a measure is reviewed by standing
committee and favorably endorsed by the
committee on floor of discussion.
Tenure of the committee is co-terminous with the
life of the legislature.
(2) Special committees- created for special
purposes. If theres a committee created to
investigate an erring member, once its finished
and made a report to legislature, it cease to
function unless for additional work given by
legislature.
(3) Joint committees from both houses and
may be concerned for substantive matters.
- In PH, joint conference com./ bicameral
conference com. Created for settling differences
of the houses on certain measures passed by one
chamber and considered by the other.
(4) Committee on the whole one body
constituted into an informal committee. Same
members of the legislature. Created to deal on
fundamental questions debated by the members
informally without following parliamentary
procedure.

(5) Committee on selection select number of

members to deal in a bill referred to standing
committee. When a bill is sent to the committee,
Committee on selection appoints 16-30 members
to serve on that committee to deal with that bill
only.
Process of Lawmaking
Bills and resolution- measures referred to
legislative body.
Bill- statutory proposal, contains subject matter
embraced in its title, introduced to a legislative
body for consideration and approval of its
members.
3 types of Resolution:
(1) Joint resolution- proposal on a limited
subject matter rather than one of the general
application. Approved by both houses.
(2) Concurrent resolution- proposal originating
from and approved by one chamber, which
requires the concurrence of the other house.
(3) Simple resolution- deals with matters entirely
within the authority and competence of the
house, like a simple resolution regarding rules
and orders, creation of committees,
authorization to print reports, etc..
Types of Bills
2 types of bills in parliamentary:

Public govt bill- national policy and

invariably introduced by the
members of the govt, the Cabinet.
Private bill- introduced by an individual member.
Bill is concern in locality or those which
benefits the interest of individual
person.
1973 const. provide for parliamentary system of govt,
under the transitory period the rules of the interim
Batasang Pambansa provides
2 types of bills :
Cabinet bill- initiated by members of the cabinet
and transmitted by the prime minister to
the interim Batasang Pambansa for
consideration and pproval.
Parliamentary bill- introduced to the Batasan by
individual members.
Classification of bill as to purpose and objective:
(1) Appropriation bills appropriate money from
public treasury for a certain
public purpose
(2) Revenue bills raise of revenue or income of the
govt.
(3) Bills of local application- benefit a certain locality
(4) Private bills- promote interest of private persons
Stages of Legislative Enactment
Resolution and bills must be drafted, polished in
all legal solemnities and signed by their
respective authors
Filed with the secretary of the legislature who
assign to each of these measures a number.
Upon its receipt, is given a first reading by
secretary of legislature. Only the title is read,
after which is referred by the presiding officer to
the appropriate standing committee.

Stage of First reading:

Committee on Stage. If the bill is considered by
the committee to which its referred, its given a
public hearing. Committee hearings serve to
mobilize support for or invite opposition to a bill
in the committee.
- After hearings, it is further considered in an
executive committee session where its
discussed further, altered or amended or even
substituted by the committee with another
measure..
Stage of Second reading:
A bill favorably reported by a committee is
calendared for second reading.
All contents of the bill are read by the secretary
including amendments of the committee if any.
Reading of the bill may be dispensed if the
copies are distributed.
Bill is subject to debate and pertinent motions.
Presiding officer calls the sponsor of the bill to
defend the measure on the floor.
Opponents may refute the arguments hoping
that their legislative members will reject the bill.
General debate. To close the debate, number of
speeches for or against the bill is delivered.
Consideration of amendments is in order. Bill is
voted upon to determine if the bill can be
calendared for third reading.
Stages of Third reading:
Approved bill on 2nd reading is calendared for 3rd
reading.
Final passage of the bill. No more debate and
amendments.
Upon last reading, Its voted upon by yeas or
nays.
Print copies in its final form and distributed to
members before its final passage.
Approved bill in one house goes to the other
house through the same procedure.
If approved without amendments, bill is certified
in its enrolled form to the President.
If there are amendments, the same shall be
submitted to the house where it originated for its
consent.
If one house rejects amendments, conflict of
houses is settled in a Joint Conference
Committee, and it reports the bill out for final
resolution of the houses.
If they voted in favor of the report, enrolled form
of the bill is submitted to Executive for final
approval.
Submission to the Executive for Approval.
President may either sign or veto the bill.
If he veto, bill return to legislature together with
his objections.
Legislature may override the veto by sufficient
number of votes, e.g. 2/3.
Bill may lapse into law if executive fails to sign
within a period provided in the constitution, e.g.
30 days.
Legislative procedures- governs stages of passing a
bill.
- make lawmaking-body an arena
of the most dramatic action in the whole drama
of the legislation.
Chapter 12: The Executive

Definition
It refers to a single leader or group of officials in the
executive dept who enforces laws of the state to
assure that these laws are efficiently and effectively
carried out, and faithfully observed for common good.
Types of executive
(1) Titular Executive- monarchs who perform only
ceremonial functions, act as symbolic heads of
the state which they serve as emblems of unity
and dignity of their people. Sobering influence I
times of conflicts because they give fatherly or
motherly image to their people.
(2) Real Executive- Who actually rule, and exercises
executive power. Actual head of govt. Perform
governmental functions (maintain peace &
order, public health, national security, welfare).
Law-enforcer.
- They steer the wheels of govt and move it
to political, social and economic stability.
(3) Single Executives are in themselves chief
executives whom others are
subordinate. Perform both ceremonial
and governmental functions.
(4) Collegial Executive exist in parliamentary
states. No single person serves as
executive but the power lies in a
group of leaders, may consist of a
Cabinet, Council, or a Commission.
Presidential and Parliamentary Executive Systems
(1) Presidential System- originated in US, power was
derived from the 18th century power of British
king. Phil presidential system was copied from
American model. In presidential, executive power
is vested in a real chief executive who is also the
ceremonial/symbolic head of the state.
Nominates Cabinets approved by Commission on
Appointments (12 senator 12 rep.) before
appointed.
(2) Cabinet or Parliamentary System- 2 executives
ceremonial/symbolic and real. Ceremonial chief
maybe a queen, king, and pres. Real executive is
the Cabinet headed by prime minister.
Features of interest of Scholars:
Collective ministerial responsibility- decisions are
binding upon all members based on all
for one, one for all.
Fusion of Legis and Exec powers- makes Prime m
and Cabinet also be members of
parliament.
Cabinet accountability to Parliament.- Prime m
and his Cabinet are answerable for any
act in parliament and govt.
Party discipline- holds together the member of
the party to the partys rules and
regulations, objectives, and philosophy.

Qualifications of Executives
In PH (1987 const) president must be:
(1) Natural-born citizen of phils.
(2) Registered voter;
(3) Able to read & write;
(4) 40 y/o on election day.

(5) 10 yrs resident immediately preceding such

elec.
In Parliamentary Prime m must be:
(1) The leader of the winning party;
(2) Natural-born citizen;
(3) Attained adequate educ. (grad. of renowned
colleges or Universities)
(4) Comes from distinguished ancestry;
(5) Not reside in the district where he was
elected.

Term of Office of Executive

- such scheme would create rotation in office in which
people are given more chances o improve their selection
by choosing leaders with desirable qualities. More
democratic.
In presidential democracies, 4 yrs with one
reelection, or to 5, 6 or 7 years with one
reelection.
In monarchies and dictatorships, term maybe for
life.
In parliamentary, Prime m and Cabinet dont
have fixed term. They stay if they retain confidence
of the parliament. But as elective members of
parliament, their term is fixed.
Methods of Choosing the Executive
(1) Direct popular vote- most democratic. Citizenvoter responsibility. Makes executive more
conscious of leadership since he represents the
whole nation.
(2) By Electoral College- In US, 538 electors
choose officially the Pres and VP by pledging
their votes to the candidates who won popular
election in each of the states. Electors are
chosen by each states.
(3) By parliament or National Legislature- real
executive chosen by legislature makes him
accountable to the legislative body. Hell
always be aware and extra-careful of his acts in
the govt.
Powers and Function of the Executive
(1) As Ceremonial and Symbolic Chief of State
Ceremonial
executives
welcome
foreign
dignitaries. In parliamentary, ceremonial
executives lightens the duties of real executive
in performing such.
- Symbol of natl unity and dignity of his people.
(2)As Chief Administrator - Supervises a vast
network of administrative agencies. In
parliamentary, executive is collegial, it refers
to the Prime m and his ministers composes the
Cabinet.
(3)As Commander-in-chief of Armed forces- Appoint
and remove high officials of military
establishment. Exercise military power for
national welfare and defense.
(4)Legislative Powers- Deliver SONA to recommend
govt measures for approval of legislature.
Approves and veto bills.
(5) Foreign Relations Powers negotiates treaties
with other countries. Diplomatic power to appoint
ambassadors, consuls and other rep to other
countries and UN.
(6) As Dispenser of Justice correct errors in
judiciary.

 Pardon- grant freedom to convicted person of

criminal offense.
Reprieve- suspend execution of penalties.
(death)
Commutation- Reduce death sentence to life
imprisonment.
Amnesty- grant pardon to a group with
political
crimes
with
the
concurrence of legislature.
(7) Direct economy towards attaining devt and
progress.
(8) As chief of his Party- mobilize party support to
his programs
(9) Power of patronage- integrate the will of
legislature and his administration with the
people for natl stability and progress.
Chapter 13: The Judiciary
Definition
Judiciary- branch of govt which interprets the law and
upon which devolves the application of the law
for settlement of conflicts between persons and
persons vs. govt.
Justice Under the Law
- Justice as fair treatment under the law (by Lawson)
- Following Due process of law.
Organization of the Judiciary
- Courts are distributed among territorial units of
the country as a means of attaining convenience
to litigants.
Courts at the base of the Judicial structure- number
of inferior courts who try and render judgments
on cases pertaining to petty crimes and petty
civil disputes.
Courts of General Jurisdiction- are of higher level.
Try persons accused of high crimes and hear civil
cases.
e.g. Trial courts (RTC, criminal circuit
courts, and special courts/ Sandiganbayan).
Intermediate Appellate Courts- case decided by trial
court is brought for an appeal. Composed of
3/more judges which makes it collegiate court.
Find an error or prejudice committed in trial court
judgment. If theres error, case returns to trial
court to be retried or reversing of judgment.
Supreme court- At the Apex of judiciary whose
decision is final.
Functions of the Judiciary
-Applying the law with certainty and uniformity to a
specified case.
-The judge determines the law applicable to a
case, and apply it.
Involvement of Applying the law:
(1) Settlement of Disputes- primary function of
court. Hear disputes and decide which of the
parties has the right under the law.
-Civil cases- involvers private
persons/corporations. Civil
law
governs legal controversies.
-Criminal cases- brought to court by the
state
against
accused
person.
Comprises
felonies
which
are
major/serious crimes against society.
2. Prevention of wrongful Acts- prevents the
commission of wrongful acts by equity as
discussed to the common law. Equity is an
enforcement of contract or the reformation of

unfair contract. Aggrieved party may get relief

by a petition for a writ of injunction before the
court depends on the discretion of the judge
since remedies in equity are discretionary.
3. Issuance of Declaratory judgment- court enters
final judgment to litigants in an actual
controversy in which judge defines their rights
under statute, will, contract, etc., but it doesnt
grant consequential or coercive relief.
Declaratory judgment has always actual
controversy while Advisory opinions deal with
abstract/hypothetical
question
as
judicial
process is concerned.
4. Exercise of Judicial Review- makes courts political
instruments of govt.. Its the most controversial
and fascinating role of courts in general, and of
supreme court in particular. Power of judiciary
(SC) to review an act of legislature and
executive and compare it to the constitution.
5. Performance of Quasi-Judicial functionnaturalization of aliens, grant licenses, appoints
guardians to minor orphans, and administrators
to property and receiver of bankruptcy.
Qualification of Judiciary
Citizenship natural-born citizen
Age reached the age of majority (40y/o for SC)
For mature judgment and wisdom
Training & judicial experience- judicial experience
in court of records and practice of the
law profession.
Basic Method of Selection
(1) Appointment- predominant system of selecting
judges.
(2) Election- judges elected by 2 houses of federal
legislature and may seek re-election which
judges may be a permanent tenure. Candidate
oblige to run on a partisan ballot may not be an
impartial judge.
Factors govern Selection of Judges
(1) Objective merit- candidate must possess
professional
competence
and
enough
background
necessary
for
understanding
complicated questions coming from the court.
(2) Political Availability- nominees belongs to the
party of pres.
(3) Ideological appropriateness- appointed judge
favors policies and programs of administration.
(4) Personal factor- some judges were chosen by
their personal friendship with the executive.
(5) Geographical and Religious consideration
Tenure of Office
Maintains independence of judicial dept. As an
independence of the courts, security of tenure of
judges is guaranteed by the constitution.
In phils, judge enjoys virtually a life tenure since
they hold office during good behavior until the
age of 70.
Chapter 14: Meaning and Nature of Bureaucracy
Definition of Bureaucracy
-connotes narrowness, rigidity, and red tape, a common
perception among people in general. By Webster, Its
administration of govt through departments and

subdivisions managed by set of officials following an

inflexible routine.
The need for Bureaucratic Organization
-promote efficiency for it makes possible more
specialization or division of labor.
Major Functions of Bureaucracy
1. Bureaucrats or civil servants implement
policies made by political leaders.
2. Involved in policy-making process because of
their expertise and access to information.
3. Interprets general policy can and does, in
effect, redefine and modify the policy from
above.
4. With
the
police
and
Army,
Civilian
administrators
are
charged
with
the
maintenance of order. Its organized to
promote clear lines of authority.
5. Control of fiscal matters such as taxes and
bonds.
6. Regulatory control over private enterprises
and corporations.
7. Insure the continuity of the governmental
process because of their security of tenure.
8. Links between successive govt and are
repository of principles that endure while
presidents come and go.
Problems in Phil Bureaucracy
(1) Red Tape- term describes unreasonable delays
in government transaction as
caused by:
a)
Weak
policy
making
in
implementation of program.
b) Overconformity
of
officials
who
essentially pursue ritualistic adherence to
established procedural/legal; rules.
c)
Over-organization, shuffling of papers in
offices.
d) Misapplication
of
rules,
policy
or
procedures.
e) Graft and corruption.
(2) Nepotism- hiring and appointing relatives in
the govt
(3) Patronage System- using public offices to
record ones contribution to total
public efforts.
(4) Graft and corruption- Accept money in
performing his duty, circumventing the
law for personal gain.
To lessen problems of Phil bureaucracy, Aquino
Admin. enacted R.A. no. 6713 of 1988. Code of
conduct and ethical standards for public officials
and employees. Public office as Public Trust.