Вы находитесь на странице: 1из 9

ARTICLE VI.

LEGISLATIVE DEPARTMENT
(SECTION 1. The legislative power shall be vested in the congress of the Philippines which shall consist of a senate and a house of representatives, except to the extent reserved to the people by the provisions on initiative and referendum.) SENATE HOUSE OF THE REPRESENTATIVE It is the lower chamber of the congress of the Philippines. The House, often informally called Congress, is composed of not more than 250 members popularly known as Congressmen. They are elected members from legislative or congressional districts and through a party-list system. The partylist or sectorial representatives are filled by selection or election from the labor, peasant, etc. and other sectors as may be provided by law, except the religious sector. (Sec. 5.) Unless otherwise provided by law, the regular election of the members of the House of Representatives shall be held on the second Monday of May. (Sec. 8.)

I.Composition

It is the upper chamber of the congress of the Philippines. It is composed of 24 senators. They are elected at large (nationwide) by the qualified voters, as maybe provided by law (Sec. 2.) unless otherwise provided by law, the regular elections of senators shall be held on the second Monday of May. (Sec. 8.)

II.Term of Office

Term of office it is six (6) years. It shall Terms of office it is three (3) years, to commence, unless otherwise provided by law, at begin also, unless otherwise provided by

noon on the 30th day of June next following their election. (Sec. 4, Par. 1.) The Constitution has similar provisions limiting terms of office with respect to the president and vice-president (Art. VII, 7.), and elective local affairs. (Art. X, Sec.8.) The hour and date of commencement of the term of office of the president and vice-president cannot be changed by law. III. Qualifications Qualifications A senator must be: a) A natural-born citizen of the Philippines; b) At least 35 years of age on the day of election(i.e., day of the balloting); c) Able to read and write; d) A registered voter; and e) A resident of the Philippines for not less than two (2) years immediately preceding the day of the election. (Sec.3.) The above Qualifications are beyond the authority of congress to diminish, increase or alter. Maximum terms in line with the state policy on equal-access to opportunities for public service and against political dynasties (see Art. II, Sec. 26,), a Senator is disqualified to serve for more than two (2) consecutive terms. (Sec. 4, par. 2.) While theoretically the people are the best judge of whether an official should be reelected or not, the constitution has opted to impose term limits to guard against the

law, at noon on the 30th day next following their election. (Sec. 7. Par. 1.) The house of representatives is intended to be close to the people. The shorter term of three (3) years is expected to make the representatives more responsive and sensitive by with-holding a new mandate. Qualifications A representative must be: a) A natural-born citizen of the Philippines; b) At least 25 years of age on the day of the election; c) Able to read and write; d) Except for a party-list representatives, a registered voter in the district in which he shall be elected; and e) A resident thereof for a period of not less than one (1) year preceding the day of the election. (Sec. 6.) Congress is not empowered to modify the above qualifications. Maximum terms the provisions are the same as those for Senators except that the limit is for not more than three (3) consecutive terms. (Sec. 7, par. 2.)

weakness in our culture that tends to perpetuate political dynasties. (Art. II, Sec. 26.) There is no shortage of highly talented and motivated men and women to replace those who have long been in office. At any rate, a Senator can still run for reelection after a break or interval. There is no limit as to the number of years one can serve as Senator. What is prohibited is to serve for more than two (2) successive terms. Nut a voluntary renunciation of the office by a Senator for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

Under the constitution, a representative cannot serve continuously for more than (9) years. Again, the purpose is to prevent the growth of political dynasties (Art. II, Sec. 26.), or wardlordism terms which in our country have come to connote guns and goons and almost absolute power which in the past made it impossible for service. After some reelections, the politician managed to accumulate much wealth and to set up his own formidable political machinery such that in many places the people could not freely choose their candidates because they were coerced into submission by professional politicians who had become powerful on account of long tenure. The term limits for elected public officials will level the playing field for candidates especially for newcomers to the political arena.

IV. Powers and Functions

Legislative power is essentially the authority under the constitution to make laws and subsequently, when the need arises, to alter and repeal them. It is the peculiar task of the legislature to prescribe general rules for the government of society. 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. Scope of legislative power of congress Plenary or General a grant of legislative power means the grant of all legislative powers for all purposes of civil government. Accordingly, the legislative power of congress, except

to the extent reserved to the people by the provision on initiative and referendum (see Sec. 32.), may be characterized as plenary or general subject only to specific limitations in the constitution. Legislative Powers not expressly delegated deemed granted the delegated powers of our congress are broader than the legislative powers of the American congress. The latters legislative powers are confined only to those granted by the federal constitution. Hence, powers not granted or powers that cannot reasonably implied from the granted powers are denied to the American congress. Classification of Powers of Congress The primary function of congress is to legislate. The Constitution, however, has also expressly given its powers which are non-legislative in character. The powers of congress may be classified into: 1) General Legislative Power it is the power to enact laws intended as rules of conduct to govern the relations among individuals or between the individuals and the state. Congress can enact any law as long as it is not contrary to the constitution. Unless otherwise decreed by a competent court, a law is presumed constitutional; 2) Specific Powers they are powers which the constitution expressly directs or authorizes congress to exercise like the power to choose who shall become president in case two or more candidates have an equal highest number of votes (Art. VII, Sec. 4, part. 4.), The returns of every election for President and Vice-President, duly certify by the board of canvassers of each province or city, shall be transmitted to the congress, directed to the President of the Senate. Upon receipt of the certificate of canvass, the President of the Senate shall, not later than thirty days after the days of election, open all the certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the

votes. to confirm certain appointments by the president (Sec. 16.), (1) The Senate shall elect its President and the House of Representative its Speaker, by a majority vote of all of its respective members. Each House shall choose such other officers as it may deem necessary. (2) A majority of each House shall constitute a quorum a do business but smaller a number may adjourn from day to day and may compel the attendance of absent members in such manner, and under such penalties, as such House may provide. (3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior and with the concurrence of two-thirds of all its members, suspend or expel a member. A penalty of suspension, when imposed, shall not exceed sixty days. (4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such part as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of onefifth of thee members present, be entered in the Journal. Each House shall also keep a record of its proceedings. (5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be seating. to promote social justice (Art XIII, Sec. 1.) The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably defusing wealth and political powers for the common good. To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments.

, to declare the existence of a state of war (Sec.23.); (1) The Congress by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of the state of war. (2) In times of war or other national emergency, the Congress may, by the law, authorize the President, for a limited period and subject to such restriction as it may prescribe, to exercise its power necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, Such power shall cease upon the next adjournment thereof. to impose taxes or Power of Taxation (Sec. 28.) (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation. (2) The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposed within the framework of the national development program of the Government. (3) Charitable Institutions, Churches and Parsonage or Convents appurtenant thereto, mosque, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly an exclusively used for religious, charitable, or educational purposes shall be exempt from taxation. (4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress. , to appropriate money ( Sec. 29.), (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law. (2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher,

minister, or other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium. (3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose or which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government. to impeach (Art. XI, Sec.2.), to act as a constituent assembly (Art. XVII, Sec. 1.), etc.; The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office, on impeachment, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment. 3) Implied Powers They are those essential or necessary to the effective exercise of the powers expressly granted, like the power to conduct inquiry and investigation in the aid of legislation (Sec. 21), The Senate or the House of Representative or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected. to punish for concept, to determine the rules of its proceedings (Sec. 16), etc.; and (1) The senate shall elect its President and the House of Representative its Speaker, by a majority vote of all its respective Members. Each house shall choose such other officers as it may deem necessary. (2) A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent

Members in such manner, and under such penalties, as such House may provide. (3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days. (4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, except things such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal. Each House shall also keep a Record of its proceedings. (5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. 4) Inherent Powers They are the powers which are possessed and can be exercised by every government because they exist as an attribute of sovereignty. In other words, they are always deemed conferred by the people 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. The fall under the general legislative powers of Congress.

Submitted By: Group 1 Cabalona, Ralph Martin E. Cahulogan, Gilbert James G. Casco, Jodie Elexa O. Cobilo, David John A. Dabuet, Jon Louie A. Globio, Kenneth Llosa, Apple L. Remoreras, Cindy B.

Rubi, Jerrik Kim S.

Trinidad,

Christian

Jude

C.