PHILIPPINE POLITICS AND GOVERNANCE

THE LEGISLATIVE DEPARTMENT

THE BRANCHES OF PHILIPPINE GOVERNMENT

Branches of
Government

Legislative Executive Judiciary

Principle of Separation of Powers

 Each government branch is not permitted to encroach upon the powers confided to others. The arbitrary rule will
result if the same body is to exercise all the powers of the government.

Principle of Checks and Balances

Authorizing a considerable amount of encroachment or checking by one branch in the affairs of the others. Each branch
is given certain powers with which to check the others.
 President may disapprove bills enacted by the Congress
 Congress may reject appointments by the President
 Judiciary may declare unconstitutional laws passed by the Congress

Executive Order No. 464

September 26, 2005
 This is to implement the Constitutional provisions on the separation of powers between co- equal branches of
the government, all heads of departments of the Executive Branch of the Government shall secure the consent
of the President before appearing before either House of Congress.

Supreme Court Ruling on E.O. 464

 Congress undoubtedly has a right to information from the executive branch whenever it is sought in aid of
legislation. If the executive branch withholds such information on the ground that it is privileged, it must so
assert it and state the reason therefore and why it must be respected.
 The infirm provision of E.O. 464, however, allow the executive branch to evade congressional requests for
information without the need of explicitly asserting a right to do so and proffering its reasons therefor. By the
mere expedient of invoking said provisions, the power of Congress to conduct inquiries in aid of legislation is
frustrated. That is impermissible.
Executive privilege covers all confidential or classified information between the
President and the Public Officers, including:
1. Military, diplomatic and other national security matters which in the interest of national security should not be
divulged.
2. Information between inter- government agencies prior to the conclusion of treaties and executive agreements.
3. Discussion in closed-door Cabinet meetings.
4. Matters affecting national security and public order.

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.
Legislative Power refers to power to make laws, and subsequently, to alter and repeal them.

 Section 2.
The senate shall be composed of twenty- four Senators.

 Section 3.
No person shall be a Senator unless he is a natural- born citizen of the Philippines, and, on the day of the election,
is, at least, thirty-five years of age, able to read and write, a registered voter and a resident of the Philippines for not
less than two years immediately preceding the day of the election.

 Section 4.
The term of office of the Senator shall be six years.
No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office 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.
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 Section 5.
 The House of Representative shall be composed of not more than two hundred and fifty members who shall be
elected from the legislative districts.
 The Party- List Representative shall constitute twenty per centum of the total number of representatives… labor,
peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided
by law.

TWO KINDS OF MEMBERS OF HOUSE OF REPRESENTATIVES:

1. District Representative- elected directly and personally from the territorial unit he is seeking to represent.
2. Party- List Representative- chosen indirectly, through the party he represents, which is the one voted for by
the electorate. This is to give an opportunity to marginalized sectors to have their voices heard.

 Section 6.
No person shall be a Member of the House of Representatives unless he is a natural- born citizen of the Philippines
and, on the day of the election, is, at least, twenty- five years of age, able to read and write, and, except for the party-
list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period
of not less than one year immediately preceding the day of the election.

 Section 7.
The Member of the House of Representative shall be elected for a term of three years.
No member of the House of Representatives shall serve for more than three consecutive terms.

 Section 11.
A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be
held liable in any other place for any speech or debate in the Congress or in any committee thereof.

Freedom from Arrest

 Offenses punishable by not more than six years imprisonment
 While Congress is in session

Freedom of Speech and Debate

 Remarks must be in connection with the discharge of official duties.
 While Congress is in session

The reason for the congressional privileges

 To enable members of the Congress to discharge their functions adequately and without fear. It is true that the
rights may be abused. However, the harm which would come from its abuse is considered slight compared to
that which might arise if the privileges were not given.

 Section 12.
All Members of the Senate and the House of Representatives shall, upon the assumption of office, make a full
disclosure of their financial and business interest. They shall notify the House concerned of a potential conflict of
interest that may arise from the filing of a proposed legislation of which they are authors.

 Section 13.
No Senator or Member of the House of Representatives may hold any other office or employment in the Government,
during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created
nor the emoluments thereof increased during the term for which he was elected.
 Incompatible Office- the office which is not held by a member of a Congress outside the legislative department.
There is a need for members to devote their time and attention to the discharge of their legal responsibilities.
 Forbidden Office- the office which a member of a Congress may not be a beneficiary because of being a
participant when said the office was created. Hence, a member of Congress shall not be eligible for appointment
to such office even if he resigns.

 Section 15.
The Congress shall convene once every year on the fourth Monday of July for its regular session, and shall continue
to be in session for such number of days as it may determine until thirty days before the opening of its next regular
session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at any time.

 Section 16.
1. The Senate shall elect its President and the House of Representatives its Speaker, by a majority vote of all its
respective Members.
2. A majority of each House shall constitute a quorum to do business.
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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 parts
as may, in its judgement, affect national security.

 Quorum- some membership which is competent to transact its business; is, at least, one half plus one of the
members of a body.
 Legislative Journal- the official record of what is done and passed in a legislative assembly and the
proceedings occurred from day to day.

 Section 17.
The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of
all contests relating to the election, returns, and qualifications of their respective Members.

 Section 18.
There shall be a Commission on Appointments…shall act on all appointments submitted to it.

 Section 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 or procedure. The rights of appearing in or affected by such
inquiries shall be respected.

 Section 26.
No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed
copies thereof in its final form have been distributed to its Members three days before its passage. Upon the last
reading of a bill, no amendment to it shall be allowed, and the vote thereon shall be taken immediately after that, and
the years and days entered in the Journal.

Steps in the Passage of a Bill

First Reading- reading of the number, title of the measure and name of the author
Second Reading- the bill is read in its entirely, scrutinized, debated upon and amended when desired.
Third Reading- Members merely register their votes and explain them. No further debate is allowed

 Section 27.
Every bill passed by the Congress shall, before it becomes law, be presented to the President. If he approves the
same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it
originated, which shall enter the objection at large on its Journal and proceed to reconsider it. If, after such
reconsideration, two- thirds of all the Members of such house shall agree to pass the bill, it shall be sent…to the
other House by which it shall likewise be reconsidered, and if approved by two- thirds of all the Members of that
House, it shall become law. The President shall communicate his veto of any bill to the House where it originated
within thirty days after of receipt thereof; otherwise, it shall become law as if he had signed it.

Three ways a bill may become a law

1. When the President approves the bill by signing it.
2. When the President vetoes the bill and the same is overridden by 2/3 votes of all the members of both Houses.
3. When the President does not communicate his veto within 30 days after the date of receipt.

THE LAW
 A body of rules of conduct or action, prescribed by a compelling authority which the people must follow and
obey subject to legal sanctions and consequences in case of violation.

TYPES OF LAWS
1. Constitution- it is the fundamental or supreme law of the land.
2. Statute- this is law passed by Congress.
3. Treaties- this is agreement entered between and among the Philippines and other States or other entities.
4. Ordinances- this is passed by local government.
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ACTIVITY 1:
Provide news clips (current) pertaining on the roles of the Congress. Based on those news clips, the
group assess the responsibilities of the Congress using the checklist below. Place it a Long Bond paper
including the checklist. (To be submitted on September 2, 2019)
Responsibilities of the Congress Put a  if performed
Approve the government budget
Undertake the projects under the CDF
Propose amendments to the constitution.
Authorize limited emergency powers for the president.
Appointment of public officials.

Sample news clips:

ACTIVITY 2: (To be submitted on September 4, 2019)

Research a sample copy of Municipal or Barangay Ordinances implemented by your respective
Local Government Units (LGUs) and barangays and discuss it to the class.
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ACTIVITY 3: GET TO KNOW YOUR SENATORS (To be submitted after Quirino Day)

Name: ______________________________________ Section:________________

Direction: Answer the questions from the information you learned.

1. How many Philippine Senators are there?
______________________________________________
Place picture of your
2. How do we elect Philippine Senators?
Senator here
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3. We elect Philippine Senators for how many years?

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4. Name one Philippine Senator.

______________________________________________

5. When was he/ she elected to office?

______________________________________________

6. How many years has he/ she been in office?

_______________________________________________________________________________

7. What is his/ her political party?

_______________________________________________________________________________

8. When is the next time he/ she must run for election?
_______________________________________________________________________________

9. List at least two important bill he/ she proposed or laws enacted.
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