Module 7 3 Branches of Government Article 6 Legislative Branch PDF

Philippine Politics and Governance
Governor Pack Road, Baguio City, Philippines 2600

Tel. Nos.: (+6374) 442-3316, 442-8220; 444-2786;
442-2564; 442-8219; 442-8256; Fax No.: 442-6268 Name:
Email: email@uc-bcf.edu.ph; Website: www.uc-bcf.edu.ph
S.Y. 2020-2021 First Trimester Grade Level/Section:

MODULE #7– Pol Sci Subject Teacher: KIMBERSON P. ALACYANG
MODULE #7: 3 BRANCHES OF GOVERNMENT AND ARTICLE 6 –

THE LEGISLATIVE BRANCH
I. LEARNING OBJECTIVES:
a. Compare and contrast the composition, qualifications and functions of Legislative, Executive and
Judicial branches of the Phil. Govt.; and
b. Discuss the roles and responsibilities of the Philippine Senate and the House of Representatives.
II. DISCUSSION
3 BRANCHES OF GOVERNMENT (EXECUTIVE, LEGISLATIVE AND JUDICIARY)
• THE PRINCIPLE OF SEPARATION OF POWERS

- Under the principle of co-equal and coordinate powers among the three (3) branches, the
officers entrusted with each of these powers are not permitted to encroach upon the powers
confided to the others. If one department goes beyond the limits set by the Constitution, its
acts are null and void. The adoption of this principle was motivated by the belief that arbitrary
rule would result if the same person or body were to exercise all the powers of the
government.
• PRINCIPLE OF CHECKS AND BALANCES

- Each department is given certain powers with which to check the others.
Checks by the Checks by the Congress Checks by the Judiciary

President
- may veto or - Congress may override the veto - the Supreme Court
disapprove of the President -2/3 of the as the final arbiter
bills actual vote (Sec. 27:1) may declare
enacted by - Reject certain appointments of legislative measures
the the President (Art. VII, Sec. 16) or executive acts
Congress - Revoke the proclamation of unconstitutional (Art.
(Sec. 27:1) martial law or suspension of the VIII, Sec 4:2)
writ of habeas corpus by the
- through - determine whether
President (Art. VII, Section 18)
pardoning or not there has
- Amend or revoke the decision
power, he been a grave abuse
of the Court by the enactment
may modify of discretion
of a new law or by an
or set aside amounting to lack
amendment of the old
the or excess of
- The power to impeach the
judgments jurisdiction on the
President and the members of
of courts part of the Congress
the Supreme Court.
Tel. Nos.: (+6374) 442-3316, 442-8220; 444-2786;
442-2564; 442-8219; 442-8256; Fax No.: 442-6268 Name:

(Art. VII, Sec or President (Art. VIII,

19) Sec. 2:2)
A. COMPOSITION:
EXECUTIVE DEPARTMENT LEGISLATIVE DEPARTMENT JUDICIAL DEPARTMENT
1 President – Chief SENATE – 24 SUPREME COURT

Executive
HOUSE OF REPRESENTATIVES -composed of fifteen
1 Vice President members
– 250 District
Cabinet Officials Representatives 1 Chief Justice
members including the 14 Associate Justice

Party-list Representatives
B. TERMS OF OFFICE
EXECUTIVE DEPARTMENT LEGISLATIVE DEPARTMENT JUDICIAL DEPARTMENT
PRESIDENT – 1 term of 6 years SENATE – 2 consecutive terms NO TERM LIMIT – but they
without re-election allowed with 6 years per term mandated to hold office
during good behavior until
VICE PRESIDENT – 2 DISTRICT AND PARTY-LIST
they reach the age of 70 or
consecutive terms allowed REPRESENTATIVES
become incapacitated to
with 6 years per term
- 3 consecutive terms discharge the duties of their
allowed with 3 years office.
per term
Tel. Nos.: (+6374) 442-3316, 442-8220; 444-2786;
442-2564; 442-8219; 442-8256; Fax No.: 442-6268 Name:

C. QUALIFICATIONS OF THE OFFICIALS OF THE NATIONAL GOVERNMENT:
PRESIDENT AND CONGRESS SUPREME COURT

VICE-
PRESIDENT
- natural-born SENATORS - he must be a

citizen of natural-born
- a natural born citizen of the Philippines
the citizen of the
- at least 35 years of age on the day of the
Philippines Philippines
election
- a registered - able to read and write - he must be at
voter - a registered voter least forty (40)
- a resident of the Philippines for not less than two years of age
- able to read
(2) years immediately preceding the day of the
and write - he must have
election
served for
- at least forty
fifteen (15)
(40) years of HOUSE OF REPRESENTATIVES
years or more,
age on the
- a natural-born citizen of the Philippines been a judge
day of the
- at least 25 years of age on the day of the of a lower
election
election court or
- a resident of - able to read and write engaged in the
the - except for a party-list representative, a practice of law
Philippines registered voter in the district in which he shall be in the
for at least elected Philippines
ten (10) - a resident thereof for a period of not less than
- he must be a
years one (1) year preceding the election
person of
immediately
proven
preceding ADDITIONAL QUALITICATION FOR PARTY-LIST
competence,
the REPRESENTATIVES:
integrity,
election.
- a bona fide member of the party or organization probity and
which he seeks to represent for at least ninety independence.
(90) days preceding the day of the election,
Tel. Nos.: (+6374) 442-3316, 442-8220; 444-2786;
442-2564; 442-8219; 442-8256; Fax No.: 442-6268 Name:

• IMPEACHMENT
Impeachment has been defined as a method of national inquest into the conduct of public men. It is
essentially in the nature of a criminal prosecution before a quasi-political court, instituted by a written
accusation called “articles of impeachment” upon a charge of the commission of a crime or some
official misconduct or neglect.
• PURPOSE OF IMPEACHMENT
Its purpose is to protect the people from official delinquencies or malfeasances. It is, therefore,
primarily intended for the protection of the state, not for the punishment of the offender. The
penalties attached to impeachment are merely incidental to the primary intention of protecting the
people as a body politic.
• Officials removable by Impeachment:
1. The President and Vice-president

2. The Members of the Supreme Court
3. The members of the Constitutional Commissions (COMELEC, CSC, COA)
4. The Ombudsman
• GROUNDS FOR IMPEACHMENTS

A. Culpable violation of the Constitution (failure to disclose SALN)
B. Treason
C. Bribery
D. Graft and Corruption
E. Betrayal of Public Trust
F. Other High Crimes (perjury of oath, abuse of authority, intimidation, misuse of assets, failure to
supervise, dereliction of duty, conduct unbecoming, and refusal to obey a lawful order.)
Article VI: THE LEGISLATIVE DEPARTMENT

I. Legislative Branch - From the Latin lex, legis meaning law
II. Functions: The legislative branch broadly deals with the making, deliberation over, enactment,
amendment and repealing of laws
III. Basic Structures

There are two basic structures for legislative branches of government:
1. Unicameral - The legislative branch consists of one chamber/house
2. Bicameral - Legislative power is vested in two chambers/houses
• Congress is bicameral
Upper House: Senate
Lower House: House of Representatives
Note: Senators are Congressmen
Tel. Nos.: (+6374) 442-3316, 442-8220; 444-2786;
442-2564; 442-8219; 442-8256; Fax No.: 442-6268 Name:

IV. VACANCY (Article VI, Section 9)

a. Vacancy can be filled through regular election
b. Special elections can be called for the purpose of filling the vacancy
• In either circumstance, the one elected merely sits for the unexpired term
Regular election: Example was May 11, 2001. The seat vacated by Guingona (?) had to be filled.
Unexpired term
- Whoever is elected merely completes the term that was prematurely vacated.
- In a sense, therefore, this allows such persons to skirt the prohibitions as far as terms of office are
concerned.
V. Structure and Dynamics

- Senate President and House Speaker elected by majority vote
- Other officers, procedures and the discipline of its members is at the discretion of each house
- Quorum: Majority
- Each House maintains a journal and record of proceedings
- Neither House can adjourn without the other’s consent while in session
VI. KEY CONCEPTS

• LEGISLATIVE JOURNAL – is defined as the official record of what is done and passed in a
legislative assembly.
• QUORUM – is such a number of the membership of an assembly or collective body as I competent
to transact its businesses.
• BILL – is a draft of law submitted to the consideration of a legislative body for its adoption.
• STATUTE – is the written will of the legislature as an organized body expressed according to the
form necessary to constitute it into law of the state, and rendered authentic by certain prescribed
forms and solemnities.
• LAW – refers to statutes which are the written enactments of the legislature governing the relations
of people among themselves or between them and the government and its agencies.
VII. PARLIAMENTARY PRIVILEGES

• Congressmen have two parliamentary privileges while Congress is in session:
1. Privilege from arrest - Immunity from offenses punishable by not more than six years
imprisonment
2. Privilege of speech and debate - Immunity from libel and slander
VIII. SESIONS
a) Regular Session – shall convene once every year on the fourth Monday of July unless a
different date is fixed by law.
b) Special Session – takes place when the President calls Congress, during the time that it is in
recess, to session to consider such subjects or legislations as he may designate.
c) Executive Sessions – secret meetings of Congress or any of its Committees. Closed session
is held if the issue to be discussed involves national security.
Tel. Nos.: (+6374) 442-3316, 442-8220; 444-2786;
442-2564; 442-8219; 442-8256; Fax No.: 442-6268 Name:

IX. Powers of Congress

1. Appointment of Public Officials
2. Legislative inquiry and investigation
3. Declare the existence of a state of war
4. Ratify the country’s international treaties (Senate)
5. Authorize limited emergency powers for the President
6. Approve the government budget
7. Undertake projects under the CDF
8. Propose, review, and adopt bills for enactment into law
9. Overturn a Presidential veto with respect to proposed legislation
10. Allow for referenda
11. Propose amendments to the constitution and call for a constitutional convention
X. LIMITATIONS
Congress may not:
1. Increase appropriations recommended by the executive branch
2. Pass tax exemptions without the concurrence of a majority of its members
3. Grant titles of nobility
4. Pass ex post facto bills
5. Pass bills of attainder
XI. How a Bill Becomes Law

1. After a bill is prepared, it is filed with the Office of the Secretary of the Senate or the House, as the
case may be, where it is given its corresponding number and calendared for FIRST READING;
During the First Reading, its title, bill number and author’s name are read on the floor; after which it
is referred to the proper committee;
2. The Committee conducts hearings and consultation meetings. During this period, the committee
may either:
(a) approve the bill without amendment
(b) approve it with changes, or
(c) recommend a substitute bill or consolidate the bill with similar bills that are filed;
3. The Committee Report with its approved bill is prepared and submitted to the Committee on Rules
to be calendared for the SECOND READING;
During the SECOND READING, the author of the bill delivers his sponsorship speech on the floor
where members of the Senate or the House, as the case may be, engages in debate, interpellation
and rebuttal to highlight the pros and cons of the bill. Thereafter, a period of amendment is allowed
to incorporate necessary changes to the bill proposed by the committee or by the members. The
members then vote on the second reading version of the bill. If approved, the bill is calendared for
THIRD READING;
4. On the Third Reading, printed copies of the bill’s final version are distributed to the members. This
time, only the title of the bill is read on the floor. Nominal voting is held. If passed, the approved bill is
referred to the House or the Senate, as the case may be, for concurrence;
Tel. Nos.: (+6374) 442-3316, 442-8220; 444-2786;
442-2564; 442-8219; 442-8256; Fax No.: 442-6268 Name:

5. The Senate or the House where the approved bill is referred follows the same procedure by
conducting First, Second and Third Readings on the bill.
6. Thereafter, should it be necessary, a CONFERENCE COMMITTEE is constituted composed of

members from each House of Congress to settle, reconcile or thresh out differences or disagreements
on any provision of the bill. The Committee members may introduce new provisions germane to the
subject matter or report out an entirely new bill on the subject. The Committee then prepares its report
to be signed by all the members and the Chairman. The Conference Committee Report is then
submitted for consideration/approval of both Houses. No amendment is allowed.
7. Copies of the bill, signed by the Senate President and Speaker of the House of Representative,
certified by Secretaries of both Houses, are transmitted to the President.
10. The President may:

a. Approve the bill by signing it. The bill is then assigned a Republic Act (RA) number and
transmitted to the House where it originated;
b. Veto the bill, in which case the President sends a message citing the reason for the veto and
transmits the bill to the House where it originated.
11. The approved bill is reproduced and copies are sent to the Official Gazette Office for publication and
distribution to the implementing agencies;
12. For the vetoed bill, the message of the President is included in the Order of Business. If Congress
decides to override the veto, the House and the Senate shall proceed separately to reconsider the
bill or the vetoed items of the bill. If the bill or the vetoes item/s is passed by a vote of two-thirds of
the members of each House, such bill shall become a law.
III. ASSESSMENT
*Note: To be placed in the Assignment portion of your module and it will be published based on your
you class schedule.
IV. REFERENCES:
• Carlos.et al., Politics and Governance, Manila: REX Book Store. 2010
• De Leon, H. Philippine Constitution. REX Book Store. 2014
• Melegrito et. al., Philippine Politics and Governance, Quezon City: Phoenix Publishing House, Inc.
2016

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Philippine Politics and Governance

Governor Pack Road, Baguio City, Philippines 2600

S.Y. 2020-2021 First Trimester Grade Level/Section:

MODULE #7: 3 BRANCHES OF GOVERNMENT AND ARTICLE 6 –

• THE PRINCIPLE OF SEPARATION OF POWERS

• PRINCIPLE OF CHECKS AND BALANCES

Checks by the Checks by the Congress Checks by the Judiciary

S.Y. 2020-2021 First Trimester Grade Level/Section:

(Art. VII, Sec or President (Art. VIII,

EXECUTIVE DEPARTMENT LEGISLATIVE DEPARTMENT JUDICIAL DEPARTMENT

1 President – Chief SENATE – 24 SUPREME COURT

members including the 14 Associate Justice

S.Y. 2020-2021 First Trimester Grade Level/Section:

C. QUALIFICATIONS OF THE OFFICIALS OF THE NATIONAL GOVERNMENT:

PRESIDENT AND CONGRESS SUPREME COURT

- natural-born SENATORS - he must be a

S.Y. 2020-2021 First Trimester Grade Level/Section:

• Officials removable by Impeachment:

1. The President and Vice-president

• GROUNDS FOR IMPEACHMENTS

Article VI: THE LEGISLATIVE DEPARTMENT

III. Basic Structures

S.Y. 2020-2021 First Trimester Grade Level/Section:

IV. VACANCY (Article VI, Section 9)

V. Structure and Dynamics

VI. KEY CONCEPTS

VII. PARLIAMENTARY PRIVILEGES

S.Y. 2020-2021 First Trimester Grade Level/Section:

IX. Powers of Congress

XI. How a Bill Becomes Law

S.Y. 2020-2021 First Trimester Grade Level/Section:

6. Thereafter, should it be necessary, a CONFERENCE COMMITTEE is constituted composed of

10. The President may:

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