ARTICLE VII THE LEGISLATIVE DEPARTMENT

The seventh article of the Federal Constitution touches on the Legislative

Department. This is different from the 1987 Constitution in terms of position, as in the
former, the legislative department is found in article six, but in the Federal Constitution,
it is found in article seven.

While the Federal Constitution maintains legislative power in the Congress,

several changes are being proposed by the Federal Constitution with respect to the
structure of both houses, and the qualifications of the members. Moreover, such article
is three sections shorter than our current 1987 Constitution.

What is omitted?

One notable omission from the article on Legislative Department under this
Federal Constitution is the provision on initiative and referendum. This subject matter
has its own Article under the Federal Constitution, as discussed in the previous section.

The Senate

Unlike the 1987 Constitution which provides that there shall be twenty-four
senators elected at large, the Federal Constitution provides that there shall be at least
two senators for each “Federated Region,” elected by qualified voters of such region. In
Article XI of the Federal Constitution, there are 16 Federated Regions. This means that
under the Federal Constitution, there will be at least 32 senators, proportionately
representing the Federated Regions.

 Qualifications

As to the qualifications, the same natural-born citizenship, 35 years age and

registration as a voter-requirement are maintained. However, it is not anymore enough
that the senatorial candidate be “able to read and write” as they must be “holders of a
college degree or its equivalent”. Also, it is not enough that they are “residents of the
Philippines” they must be “domiciled in the Federated Region where he or she is to be
elected.” This is a logical consequence of requiring Senators to represent Federated
Regions.

 Term
 The term of Senators shall be for a period of four years, contrary to the six-year
term under the 1987 Constitution. They are not allowed to serve for more than two
consecutive terms. The Federal Constitution additionally provides that they shall
continue to be in office until their successors shall have been elected. This provision is a
novel addition and is a good one because it prevents the situation where the functions
of the office will be left hanging as there is no Senator who will take charge.

 Officers

Just like the 1987 Constitution, the House of Representatives under this Federal
Constitution shall elect their President and such other officers as they may deem
necessary.

The House of Representatives

 Composition

Under the Federal Constitution, the House of Representatives shall consist of

400 members. This is 150 more than the 250 members under the 1987 Constitution.
The number is broken down as follows:

a. Out of the 400 members, 60% shall be elected by plurality of votes. Each single-
member legislative district shall be entitled to a seat.
b. The remaining 40% shall be voted through a system of proportional
representation. Each registered political party with a closed list of nominees who
obtains 5% of the votes cast under the proportional party representation system
shall be considered elected.

The single member legislative districts comprise contiguous, compact and

adjacent territory, similar to legislative districts of the 1987 Constitution. However,
contrary to the latter constitution, this Federal Constitution requires a city’s population to
be at least 500,000 instead of 250,000, to be entitled to a representation in the House of
Representatives. Each province is still entitled to a seat therein, just as in the 1987
Constitution.

The reapportionment of legislative districts is mandated within five years from the
return of the national census. The 1987 Constitution provides for three years.
  Discussion on the increased number of seats in the lower house

As of now, the Philippines have 291 representatives. They each represent a

province or a city with a population of at least 250,000. If the Federal Constitution will
be passed next year, which is in 2019 then at most, the number of representatives will
be reduced to 146. Their number will only increase if there will be an increase in the
Philippine population, considering that each representative speaks for 500,000
constituents.

The population growth rate of the Philippines is currently at 1.5% annually, while
the current population of the Philippines is 104.9 million. Provided that this is true for the
coming years, the increase in the population every year will be about 150,000. This
means that every year, there is a need for three more seats in the House of
Representatives. This continues until 60% of the 400 seats will be filled.

Assuming that the Philippines’ economy will increase, the revamp on the House
of Representatives will be feasible.

 Qualifications

The notable changes in the qualifications for the House of Representatives are:

a. Must be a holder of a college degree or its equivalent instead of merely

being able to read and write
b. Must be domiciled in the district where he/she will be elected and not
merely a resident thereof. Those who will be elected under the
proportional representation system are exempted from this requirement.

 Term

Under the Federal Constitution, the duration of the term as well as the term limit
for both Senators and Representatives are the same. Their term of office shall be four
years, and they shall not be allowed to serve for more than two consecutive terms.

In case of Vacancy

In both Houses of Congress, a special election shall be conducted in accordance

with the rules. In the case of proportional representation system, it shall be filled based
on the preferential order of names on the closed list submitted to the Federal
Commission on Elections.

 Officers

The under this Federal Constitution shall elect their House of Representatives,
and such other officers as they may deem necessary.

 Bills to originate exclusively

All appropriation, revenue or tariff bills, bills authorizing increase of the public
debt and private bills may only initiate from the House of Representatives. This is the
same as in the 1987 Constitution.

The Federal Electoral Court

Shall exercise exclusive original jurisdiction over all contests relating to the
election, returns, and qualifications of Senators and Members of the House of
Representatives

Commission on Appointments

The CA under the 1987 Constitution is maintained under the Federal

Constitution. Its composition, the procedure in arriving at decisions, and other functions
remain the same. The provision on acting upon all appointments submitted to it within
thirty session days was not carried over to the Federal Constitution.

Additionally, the Federal Constitution provides that “any appointment or

nomination that has been bypassed or unacted upon by the Commission on
Appointments at least twice shall be deemed disapproved.” This is a new rule.

Inquiries in aid of Legislation

This power has been maintained, with an additional rule that any witness or
resource person may seek judicial relief when unlawfully or unreasonably detained for
contempt.
Bills Passed by Congress

The procedure in passing a bill into a law under the Federal Constitution is very
much the same with the 1987 Constitution. But, there is an additional measure when the
bill is presented to the President for signature. The President may ask for advisory
opinion from the Federal Constitutional Court regarding the constitutionality of the
enrolled bill, which must be of paramount importance. When sought, the President may
act on the bill within 30 days from the issuance of the opinion.

The Senate President and the Speaker of the House may also ask for such
advisory opinion.

Taxation

Among the notable addition in the wordings of the provision on tax exempt
institutions under the Federal Constitution are the inclusion of the words ‘temples’,
‘masajids’ and ‘madaris’. The word ‘mosques’ was omitted. Temples refer to houses of
worship dedicated to Hinduism, Buddhism, Jainism and other polytheistic faiths.
Masajids is an Arabic term, plural in its form, which refers to the place where Muslims
offer their five daily prayers, congregational Friday prayers, festival prayers and other
prayer services. Madaris on the other hand, refer to educational institutions focused on
Islamic Jurisprudence.

Other Provisions Maintained

 The privilege from arrest, for an offense the penalty of which does not exceed 6
years imprisonment;
 Full disclosure of financial and business interests upon assumption of office;
 Forfeiture of his/her seat for holding any other office or employment in the
government…;
 Prohibition on appearing as counsel before any court of justice or before any
quasi-judicial and other administrative bodies, except as a party;
 Prohibition on being financially interested in any contract with, or in any franchise
or special privilege from the government…;
 Prohibition against intervening in any matter before any office of the government
for their pecuniary benefit or where they may be called upon to act on account of
their office;
 Quorum shall be constituted by a Majority of each House
 Each House may determine its rules of proceedings, provided that each House
shall comply with final and executor orders of judicial or quasi-judicial authorities
imposing disciplinary sanctions on its members
 Sole power to declare the existence of a State of War
 Disallowance from increasing appropriations recommended by the President for
the operation of the Federal Government
 No law shall be passed authorizing any transfer of appropriations, with the
exception of transfers made by the President, the President of the Senate, the
Speaker of the House of Representatives, the Chief Justices of the Federal
Supreme Court, the Constitutional Court, the Federal Administrative Court and
the Federal Electoral Court, and the heads of Constitutional Commissions, for
their respective offices
 One subject one title rule for bills