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Legislative power is essentially the authority

under the Constitution to make, alter and


repeal laws.
Congress name of the legislative
department of the Philippines (sec. 1).
It is a bicameral structure, replacing the
unicameral set up provided under the 1973
Constitution.

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A second chamber (Senate) is necessary to


serve as a check to hasty and ill-considered
legislation;
It serves as a training ground for future leaders;
It provides a representation for both regional
and national interests;
A bicameral legislature is less susceptible to
bribery and control of big interests;
It has long been practiced, thus, tested and
proven in the crucible of human experience.

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Not an effective fiscalizing machinery;


It is no assurance of better considered and
better deliberated legislation;
It produces duplication of efforts and serious
deadlocks in the enactment of important
measures with the conference committee of
both Houses;
It is more expensive to maintain than a
unicameral legislature;
Prohibitive costs for senatorial elections
becomes exclusive only to wealthy individuals.

House of Representatives: not be more than


250 (now 287) members, elected by
qualified voters in their respective districts,
and through party-list system (sec.5 par.1).
Two types of legislators in the House of
Representatives

District representatives
Party-list representatives

Qualifications (sec.6):

Natural- born citizen of the Philippines;


At least 25 years old on election day;
Able to read and write;
A registered voter; and
A resident of the Philippines for not less than one
year before the election.

Term: 3 years with reelection (3 terms)

Party-list representatives comes from the


different sectors of the society, except the
religious sector (sec.6 par.2).
Sectoral party shall obtain at least 2% of the
votes to be entitled to one party-list
representative (RA 7941). Such party
however, shall not have more than 3 seats.
Qualifications and terms are the same with
the district representatives, except the last
qualification.
Another qualification: Must be a bonafide
member of the political party he wants to
represent.

Composed of 24 members elected by qualified


voters all over the country (sec.2).
Qualifications (sec.3):

Natural born citizen of the Philippines;


At least 35 years old on the day of the election;
Able to read and write; and
A resident of the Philippines for at least two years
before election day.

Term: 6 years with one more reelection (se.4).

Election (sec.8-9):
Second Monday of May;
In case of vacancy, a special election may be
held but the elected one shall serve only the
unexpired term.

Salary (sec.10)
Determined by law;
No increase until after the expiration of the full
term approving such increase.
Implied: Per Diems, emoluments and other
allowances

Sessions (sec.15)
Once every year on the 4th Monday of July for its
regular session;
Until 30 days before the next regular session;
The President may call a special session at any
time.

Officers (sec.16):
Senate President and Speaker of the House;
Other officers as it may necessary

Required to legitimately transact business,


otherwise, the session may be dismissed
subject to compulsory attendance of
members for next session;
Quorum any number sufficient to transact
business, which may be less than the
majority of the membership.

General legislative power power to enact laws intended as


rules of conduct to govern the relations among individuals
or between the individuals and the State;
Specific powers those which the Constitution expressly
directs or authorizes Congress to exercise like:
1. Power to choose who shall become President in case of
tie (sec.4);
2. Power to confirm certain appointments by the President
(sec. 16);
Implied powers those essentially or necessary to the
effective exercise of the powers expressly granted, like:
1. the power to conduct inquiry and investigation in aid of
legislation (sec. 21);
2. to punish for contempt, to determine the rules of its
proceedings (sec. 16, par.3)

How does a bill become a law?


House: Filling of bill
First Reading: Assign number, title, author,
committee referral, committee report
Second Reading: period of debate, amendment
and its approval
Third Reading: Roll Call Vote
Referral to the Senate following the same process
Joint Conference Committee
President signs or vetoes the bill into a law

Section 31: Granting a title of royalty or


nobility shall be enacted.
Purpose: to preserve the republican and
democratic nature of the society.

Section 30: Increasing the appellate


jurisdiction of the Supreme Court
To prevent further additions to the present
tremendous case load of the Supreme Court

Art. III, section 22: No ex post facto or bill


of attainder.

Power to choose who shall become president in


case of tie (Art. 7, sec.4)
Power of purse and appropriation (sec.25 and 28)
Power of concurrence (sec.18-19)
Power of legislative inquiry (sec.21)
War power (sec.23, par.1)
Power to impeach (Art.IX secs.2-3)
Power to act as constituent assembly in revising
and amending the Constitution (Art.XVII, sec.3)
Power to decide on election protests involving its
members (sec.17)
Power to discipline members

Not yet exercised by Congress for two


reasons:
It is least likely to happen;
A presidential candidate would most likely to
contest the result rather than allow the Congress
to determine his political fate.

The preparation of the annual budget is


lodged in the executive department, its
approval is vested in the legislature.
The proposed budget is good as approved,
although there may be modifications.
Congress can decrease the budget but
cannot increase the same.
Along with this, is the power to impose
taxes or new taxes and to appropriate
government funds (section 28).

the power to ratify treaties and agreements


entered into by the President;
to ensure that the executive has not capriciously
exercised its discretion particularly those that
affect the national interest.

the power to confirm the appointments of


presidents (section 18) unless otherwise
provided by law.
the power to confirm or cancel the
declaration of martial law by the President
(Article VII section 18).

Composition:
Senate President as ex-officio chairman;
12 senators and 12 members of the HR
Elected by each House on the basis of
proportional representation from the political
parties.

The Chairman shall not vote except in


case of tie;
Act on all appointments within 30 days
from submission;
Rule by a majority vote of all its members

Power to conduct inquiries and investigations


in aid of legislation (section 21);
This power includes the power to subpoena
individuals, including government officials to
answer the queries of the Congress, and to
punish for contempt those who refuse to
cooperate or to answer questions during the
hearing.
This does not include questions that are selfincriminatory, and privileged (executive).

Exclusively belongs to the Congress;


By a vote of two-thirds of both Houses, in
joint session assembled;
The declaration should be not of war but of
the existence of state of war;
May also baptize the war precipitated by
the President.

Initiated by the House of Representatives, by a


vote of one-thirds of all its members (sec.2);
The Senate shall have the sole power to try all
impeachments. Conviction shall be by a vote of
two-thirds of all the members of the Senate;
Impeachable officers are the president, vicepresidents, justices of the Supreme Court,
members of the CONCOM, and the Ombudsman.
Grounds: culpable violation of the Constitution,
treason, bribery, graft and corruption, other high
crimes, or betrayal of public trust.

By a vote of three-fourth of all its members


(section 1);
May also call for a constitutional convention
by two-thirds vote;
Amendment shall be valid only when
ratified by the people through a plebiscite.

Referring to the Electoral Tribunals: Senate


Electoral Tribunal (SET)and House of
Representative Electoral Tribunal (HRET);
Sole judge of all contests relating to the
election, returns, and qualifications of their
respective members.
Composition: 9 members, three of whom
shall be justices of the Supreme Court and 6
from the House respectively on the basis of
proportional representation of political
parties.

House may determine the rules of its


proceedings;
Punish its members for disorderly behavior;
Suspend or expel a member.

Such penalty shall not exceed 30 days.

This means a privilege from arrest while Congress


is in session, whether or not he is attending the
session.
Two types:
Privilege from arrest
Privilege of speech and debate

Congress is considered in session, regular or


special, for as long as it has not adjourned.
This cannot be invoked when:
The offense is punishable by more than six years;
Congress is no longer in session.

Disclosure of their financial and business


interests;
Notify the House concerned of a potential
conflict of interest that may arise from the
filing of a proposed legislation.

Not hold any other office or employment in


the government during his term;
No appointment to any office which:

May have been created;


May increase his/emoluments

Cannot appear personally as counsel before


the Court;
Cannot be directly or indirectly interested
financially in any contract with, or any
franchise or special privilege granted by the
government;
Cannot intervene in any matter before any
office of the government for his pecuniary
benefit.