Lesson 10: ARTICLE VI: LEGISLATIVE DEPARTMENT

OBJECTIVES:
At the end of this lesson, you are expected to be able to:
 Identify the composition of the Congress
 Enumerate the qualifications of the members of the Congress
 Identify and explain the powers of the Congress
 Describe the law-making powers
 Explain the concepts relative to the Philippine Legislature

- Legislative Department is more popularly known as the Congress.

- Granted by our Constitution the exercise of the legislative power which is the authority,
under the Constitution, to make laws, and to alter and repeal them.

- The law-making authority of the Government of the Philippines is vested in the

Congress.

- Law refers to the rules and regulations enacted by the legislature to guide our actions in
society, to govern our relations with our fellow Filipinos and our relation with our
government.

BICAMERAL CONGRESS

- The Congress of the Philippines under the Constitution is a bicameral congress,

consisting of two-house legislature – the Senate and House of Representatives.

- Advantage: two houses would produce a healthy check upon each other. The House of
Representatives was expected to reflect the popular will of the average citizen, whereas
the Senate was to provide for stability, continuity, and in-depth deliberation.

- Disadvantage: Lack of fast action in legislation because in enacting important measure it

still needs to pass the two chambers and if there are disagreements as to the contents of
ach, it must undergo again another forum – the conference committee.

NATURE OF THE LEGISLATIVE POWER OF THE CONGRESS

- The legislative power granted to the Congress is classified into constituent, which is the
power to amend and revise the Constitution, and ordinary, which is the power to pass
ordinary laws.

- The 1987 Constitution grant of legislative power to Congress is not exclusive by virtue of
the provision on initiative and referendum whereby the people can directly propose or
reject any act or law or part thereof passed by the Congress.
COMPOSITION OF THE CONGRESS OF THE PHILIPPINES

- Bicameral Congress consisting of two bodies / houses, the Senate (Upper House) and
the House of Representatives (Lower House).

- Members of the Senate are called Senators; members of the House of Representatives
are called Representatives (Congressmen).

1. Senate of the Philippines

 Upper Chamber of the Congress

 Second level to that of the President and the Vice President

 Often looked upon as a training ground for the Presidency

A. Composition

 Consists of 24 members elected at large (national elected officials) by

qualified voters

B. Qualifications

 Natural-born citizen of the Philippines

- citizen of the Philippines from birth without having to perform any

act to acquire or perfect their Philippine citizenship.

- naturalized citizens are not qualified to serve as members in the

Senate.

 At least 35 years of age

 must be possessed on the day of election, during the casting of

votes and not after or much so on the day of proclamation.

 Able to read and write

 no requirement as to educational attainment, as long as the

candidate can read and write.

 A registered voter
  registered voter or qualified voter, one having the constitutional
qualifications for the privilege, who is duly registered pursuant to
law, and has the present right to vote at the election being held
 A resident of the Philippines for not less than 2 years

 residence for election purposes is used synonymously with

domicile. It is defined as the permanent home, the place to which,
whenever absent for business or pleasure, one intends to return

C. Term of Office

 Term of office of senators is 6 years which shall begin unless otherwise

provided by law at noon on the 30th day of June after their election.

 Term of office refers to the period fixed by law / constitution during which
a member of Congress or an elective official will hold office. Tenure of
office which speaks of the actual number of years during which the official
holds the office.

 No senator can serve for more than 2 consecutive terms (more than 12
successive years). The purpose is to give opportunity to others who are
competent and deserving to be elected senator.

 But there is no limit as to the number of years a person can serve as

senator. Although he had already served for 2 continuous terms, he can
still run again to the same office provided there is an interval.

 Voluntary renunciation of 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.

2. House of Representatives

 Consists of men and women who are the elected representatives of the
Filipino people. They represent our needs and aspirations and carry out
our desires on matters of national concern.

A. Composition

 Composed of not more than 250 members unless otherwise fixed by law.

 2 kinds of members:

 District Representatives are those elected from legislative districts

apportioned among the provinces, cities, and the Metropolitan
 Manila area. They constitute the majority (80%) of members of the
House of Representatives.

 Party-list Representatives are those elected through the party-

system of registered national, regional, and sectoral parties or
organization. They constitute 20% of the total number of
representatives.

B. Qualifications

 District Representatives

 Natural-born citizen of the Philippines

 At least 25 years of age

 Able to read and write

 A registered voter in the district in which he shall be elected (to

prevent the possibility of a stranger or newcomer unacquainted
with the conditions and needs of a community and not identified
with the latter, from an elective office to serve that community).

 A resident of the district in which he shall be elected for not less

than one year

 Party-list Representatives

 Same as that of the district representatives except a registered

voter and resident of the district. The place of registration to vote
and residence can be anywhere in the Philippines. This is
because a party-list does not represent a district in the House of
Representatives.

C. Term of Office

 The term of office of a congressman is 3 years and shall commence at

noon on the 30th day of June unless otherwise fixed by law next following
their election.

 They can only be elected for 3 consecutive years of a continuous service

of 9 years.

 There is no limit as to the number of years a person can hold office as

congressman.
  They can still be elected for the same office, provided there is an
interruption after serving for 3 consecutive terms.

D. Apportionment of Legislative District

 Apportionment of legislative districts is dividing provinces, cities and the

Metropolitan Manila into legislative districts. One District Representative
represents this district in the House of Representatives.

 Congress is empowered under the Constitution to make reapportionment

of districts or to increase the number of districts through general
apportionment laws provided the following rules laid down under the
Constitution is observed:

1. Legislative districts shall be apportioned among the provinces,

cities and the Metropolitan Manila area in accordance with the
number of their respective inhabitants, on the basis of uniform and
progressive ratio.

Uniform ratio – each district must be equal in

population, or as equal as possible.

Progressive ratio – the increase in population in

relation to the size of the House of Representatives must be
considered.

2. Each city with the population of not less than 250,000 shall be
entitled to at least one representative and each province,
irrespective of population is entitled to one representative.

3. Each legislative district shall comprise, a far as practicable,

contiguous, compact, and adjacent territory. This is intended to
prevent gerrymandering, which means the drawing of legislative
district out of separate territories for the purpose of obtaining
partisan advantage.

Gerrymandering came from the name of Governor

Elbridge Gerry of Massachusetts and the salamander shaped
district that was created to favor his party in the election.

Within three years following the return of every census,

the Congress shall make a reapportionment of legislative district
based on the standards provided above.

E. Party-List System
  Party list is a mechanism of proportional representation in the election of
representatives to the House of Representatives in the election of
sectoral parties or organizations or coalitions thereof registered with the
Commission on Election.

 It is a social justice tool designed not only to give more laws to the great
masses of our people who have less in life, but also to enable them to
become veritable lawmakers themselves, empowered to participate
directly in the enactment of laws designed to benefit them.

 Intended to enable Filipino citizens belonging to marginalized and

underrepresented sectors, organizations and parties, and who lack well
defined political constituencies but who could contribute to the formulation
and enactment of appropriate legislation that will benefit the nation as a
whole, to become members of the House of Representatives.

CONGRESSIONAL ELECTION

1. Regular Election – regular election of both the members of the Senate and House of
Representatives and shall be held on the second Monday of May.

2. Special Election – election called for to fill a vacant position in the two chambers of
Congress in a manner provided by law. In case a Senator or a Congressman is elected
in a special election to fill a vacant seat, it shall only serve for the unexpired term.

SALARIES AND PRIVILEGES

1. Salaries

 The Constitution fixed initially the annual salary of senators and congressmen to
204,000 pesos subject to change by law.

 When the members of Congress passed and approved an increased in their

compensation, it shall take effect only after the expiration of the full term of all the
members of the Senate and the House of Representatives approving such
increase.

 The purpose of this restriction is to provide a legal bar to the legislators yielding
to the natural temptation to increase their salaries.

2. Privileges

 Members of the Congress are accorded under the Constitution of two

parliamentary immunities of privileges.
  Its purpose is to enable and encourage a representative of the public to
discharge his public trust with firmness and success.

a. Privilege from Arrest

 Applies while Congress is in session in all offenses punishable by

not more than six years imprisonment.

 Its purpose is to ensure that they are not prevented from

performing their legislative duties.

b. Privilege of Speech and Debate

 Applies for any speech or debate in Congress or in any of its

committee.

 Members of Congress cannot be sued or prosecuted for anything

they say or write in connection with their legislative duties.

 Guarantees legislators complete freedom of expression without

fear of being made responsible in criminal or civil actions before
the courts or any other forum outside of the Congressional Hall.

PROHIBITIONS

- Members of the Congress is prohibited from holding any other office or employment in
the government, or any subdivision, agency, or instrumentality thereof, including
government owned and controlled corporations or their subsidiaries, during his term
without forfeiting his seat in, or what is known as incompatible office.

- He may hold office provided he forfeits his seat automatically in Congress.

- Not all positions in the government are considered incompatible office as there are some
positions specifically provided under the constitution which a senator or congressman
can hold concurrently without forfeiting his seat.

- Members of Congress is also not allowed from being appointed to any office, which may
have been created, or the emoluments thereof increased during the term for which he
was elected, or blown as the forbidden office.

- Members of the Congress are not allowed from personally appearing as counsel before
any court of justice or before the electoral tribunals, or quasi-judicial and other
administrative bodies.
 - They are also prohibited from being financially interested, directly or indirectly in any
contract with, or in any franchise or special privilege granted by the Government, or any
subdivision, agency, or instrumentality thereof, including any government-owned and
controlled corporation, or its subsidiary during their term of office.

- They are restricted from 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.

- These are all intended to prevent members of the Congress from taking advantage,
pecuniary or otherwise, of their position in their dealings with the courts, or in their
business operations, or in their dealing with any government agency or corporation.

ORGANIZATION OF THE CONGRESS

1. Officers of the Congress

a. Leadership in the Senate

 The officers of the Senate:

 Senate President

o The presiding officer of the Senate

o Elected by majority votes of all its members.

o Holds office at the pleasure of his members and may be

replaced at nay time

o The third highest official of the government.

 President pro tempore

o From the majority party

o Honorific position which presides when the Senate

President is absent.

 Majority Floor Leader

o Elected by the party caucuses of ruling majority party in the

Senate

o Acts as the leader and spokesperson of the majority party

 o He schedule the business of the Senate, generally in
consultation with the Senate Minority Leader

o Controls the conduct of debates in the Senate floor and

usually has a great influence on committee assignments of
members of the Senate

 Minority Floor Leader

o Elected in party caucus of Senators belonging to the

minority party

o Leader and official spokesperson of the minority party

b. Leadership in the House of Representatives

 Leadership (officers) has the same set up as that of the Senate except for
the title of the positions

 Speaker of the House

o Presides over the House

o Elected by majority votes of all the members of the House,

but in practice is chosen by the majority party.

o Decides on all questions of order, refers bills introduced in

the House to the proper standing committees

o Signs all acts, resolutions, orders issued by or upon order

of the House

o Appoints members of joint committees and conference

committees

o Exercise administrative functions over house personnel.

o Holds office at the pleasure of the members of the House

and likewise may be replaced any time.

 Deputy Speakers

o For Luzon, Visayas, Mindanao

 o Assume the duties and powers of the Speaker when he is
absent

o Elected by a majority vote of all the members.

 Majority Floor Leader

o Selected by the majority ruling party and acts as their

spokesperson.

o Acts as the Chairman of the House Rules Committee, as

such, he is responsible in all matters relevant to the rules
of the house, calendar of bills, floor deliberations, order of
business.

 Minority Floor Leader

o Usually a losing candidate for speaker.

o Spokesperson of the minority party

o Ex-officio member of all the standing committees of the

House

2. Congressional Committees

 Also known as legislative committees

 Perform the actual work of legislation in both Houses of Congress.

 3 Types of committees in Congress:

 Standing Committee

o Permanently established legislative committees that review

proposed legislation

o Proposed legislation by reporting a bill out to the full House

or Senate

o Each standing committee is given a specific area of

concern

 Select Committee
 o Created for a specific purpose and usually for a limited
period only

 Joint Committee

o Created by both Houses of Congress with members

coming from both.

3. Session

 The House of Representatives holds its session in Batasang Pambansa

Complex while the Senate in GSIS Complex.

 2 kinds of session:

 Regular session

o Convened once every year starting on the Fourth Monday

of July, unless a different date is fixed by law.

o May continue for such number of days or may last as long

as Congress wishes until thirty (30) days before the
opening of its next regular session.

 Special session

o Called by the President while the Congress is in recess

o Generally to consider a legislation he may designate in his

call

4. Quorum

 The number of members of the body which, when legally assembled in

their proper places, will enable the body to transact its proper business, or
in other words, that number that makes a lawful body and gives it power
to pass a law.

 In case of a smaller number, it 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.
  The congress cannot compel the attendance of absent members to
attend sessions if the reason for the absence is a legitimate one.

5. Rules of Procedure

 Rules made by any legislative body as to the mode and manner of

conducting the business of the body.

 The purpose of these rules of procedure is to have order in the conduct of

the business of the Congress especially on its principal task of
lawmaking.

6. Journal and Record of Proceedings

 The Constitution requires the two Houses of the Congress to keep a

journal of their proceedings and requires certain matters to be entered in
them.

 Journal is a record of what is done and passed in a legislative assembly.

It is a day-to-day record of the proceedings of Congress.

 Two-fold purpose of Journal:

 To ensure publicity to the proceedings

 To provide proof of what actually transpired in Congress.

 The following are the matters required to be entered in the Journal:

 Yeas and Nays on any question shall, at the request of one-fifth of

the members present;

 Yeas and Nays on the third and final reading of a bill;

 Yeas and Nays on the re-passing of a bill vetoed by the President;

 Veto Message of the President;

7. Discipline of Members

 The two chambers of the Congress are vested exclusively the power to
discipline their members for disorderly behavior.

 The determination of what constitute disorderly behavior is within the

exclusive discretion of the Congress to determine.
  Punishment of members for disorderly behavior includes:

 Suspension

o Should not exceed 60 days. A member may not be

suspended for a longer period of time.

o The reason is that by a suspension the district will be

deprived of its right to have and active representative in
the legislative department and at the same time is not
empowered to select a new member.

o Suspension can only be imposed with the concurrence of

two-thirds of all its members.

 Expulsion

o Can only be imposed with the concurrence of two-thirds of

all the members of the Congress.

AGENCIES IN THE CONGRESS

1. Electoral Tribunal

 Created by the Constitution as special tribunals to be the sole judge of all

contests relating to election, returns and qualifications of the members of the
legislative houses and, as such, are independent of congress.

 The purpose of its creation was to provide an independent arid impartial tribunal
for the determination of contests to legislative office, devoid of partisan
considerations, and to transfer to that tribunal all the powers previously exercised
by the legislature in matters pertaining to contested elections of its members.

 Shall be constituted within 30 days after the Senate and the House of
Representative shall have been organized with the election of the President and
Speaker.

A. Composition of the Electoral Tribunal

 Each electoral tribunal shall be composed of 9 members:

 House of Representatives Electoral Tribunal (HRET)

 3 justices of the Supreme Court and 6 members of the Senate

 Senate Electoral Tribunal (SET)

  3 justices designated by the Chief Justice and 6 members of the
House of Representatives

 The most senior Justice in each electoral tribunal shall be its chairman.

2. Commission on Appointments

 Created by the Constitution as an independent commission in Congress

 Shall be constituted within 30 days after the Senate and the House of
Representative shall have been organized with the election of the President and
Speaker.

A. Composition

 Composed of 25 members, the Senate President as ex-officio chairman, 12

Senators and 12 members of the House of Representatives.

B. Functions

 A check on the appointing power of the President by approving and disapproving

appointments to important offices in the government submitted to it by the
President.

 Shall act on all appointment within 30 days from their submission.

POWERS OF THE CONGRESS

Classifications of the Powers of Congress

a. Enumerated Powers

 Those specifically or expressly conferred to the Congress by the Constitution.

b. Implied Powers

 Other powers as are necessarily implied from the given powers.

c. Inherent powers

 Those that are neither granted nor implied therefrom, but rather they refer to
those that grow out from the very existence of Congress. Sometimes referred to
s incidental powers

GENERAL LEGISLATIVE POWERS

- Legislative powers refers to lawmaking powers

- Authority of the Congress to enact laws and the right to amend and repeal them

- Laws passed by the Congress are called statues or Republic Acts.

A. Limitations

1. Substantive limitations – content or subject matter of the law passed by the

Congress

a. Express limitations

 Expressly provided under the Constitution

b. Implied limitations

 Can be implied from the nature and character of legislative power under
our system of government

2. Procedural limitations – refers to the process or manner of passing law.

a. Every bill passed by the Congress shall embrace only one subject and shall be
expressed in the title

b. No bill passed by either House shall become a law unless it has passed three
readings on separate days

B. Lawmaking Process

1. Origin of Bills

 A bill is a draft of a proposed statute or law submitted to the legislature for

enactment.

 A bill is introduced by a member of the House of Representatives or

Senate

 The President and other interest groups also initiate preparation of bills to
be endorsed by a member of Congress.

2. Parts of a Bill

a. Title – indicates the subject matter of a bill

 b. Preamble – introductory statement in the bill stating the rationale or reasons for
the enactment, or the intention of the lawmaker

c. Enacting clause – indentifies the authority that promulgated the bill

d. Body – the part containing the subject of the law

e. Effectivity clause – part of the law, which provides the date when the bill shall
take effect.

3. Procedure in the Approval of a Bill

a. First Reading

 Only the number and the title of the bill is read and the Speaker refers it
to the proper committee for consideration

 The Committee may decide to kill the bill by taking no action on it or it

may consider the bill and conduct a thorough study by conducting public
hearings on the propose measure.

 The committee will later submit a report, recommending the approval or

disapproval of the bill.

 Once the Committee approves the bill, it will be reported to the Rules
Committee to be entered into the house calendar for second reading by
the Full House.

b. Second Reading

 The entire bill is read before the chamber and it is at this stage that the
bill is debated and amended.

 The Rules Committee plays an important role at this stage, it sets the
time limit for floor debate, provide for the manner on how the bill will be
amended, and when the bill will be voted on.

 After the bill has been approved, it is printed in its final form and copies
distributed to members at least 3 days before the third and last reading.

c. Third Reading

 Only the title of the bill is read

 No amendment is allowed at this stage

  The bill is voted upon for approval

 If approved, the bill is transmitted to the other House where it will undergo
the same three readings.

 If it will likewise be approved, it shall be transmitted to the President for

his approval.

Bicameral Conference Committee

- A bill must be passed in identical form by both the House and Senate.

- If there are differences in the version approved by both houses, the bill is then referred
to the Bicameral Conference Committee to resolve the differences.

- Consist of members from both houses

When a bill becomes a law:

- There are three ways in which a bill becomes a law:

a. When the President approves and signs it after the Congress has presented the bill
to him;

b. When the President does not act upon the bill within 30 days after it has been
presented to him. It shall become a law as if he had signed it; and

c. When the bill is vetoed by the President and sent back to the House where it
originated which shall enter the objections at large in the Journal, the bill becomes a
law when the Congress by a vote of two-thirds of its members agree to override the
veto.

Presidential Veto

- A veto is the power of the President to reject a bill passed by the Congress

- The President must veto the entire bill

POWER OF LEGISLATIVE INVESTIGATION

- The two Houses of the Congress and their respective committees are authorized under
the Constitution to conduct investigations or inquiry in aid of legislation or to aid the
Congress in its legislative work.
 - The Congress conducts investigation to determine if legislation is needed, to gather facts
relevant to legislation, to assess the efficiency of executive agencies, to build public
support, to expose corruption, and to enhance the image and reputation of its members.

1. Power of Legislative Oversight

 Part of the power to conduct investigation in aid of legislation is the

oversight function of Congress.

 Oversight refers to the responsibility to question executive branch officials

to see whether their agencies are complying with the wishes of the
Congress and conducting their programs efficiently.

2. Limitations on the Power of Investigation

a. Must be in aid of legislation;

b. Must be in accordance with its duly published rules and procedure; and

c. The rights of persons appearing in or affected by such inquiries shall be

respected.

3. Power to Punish Witness for Contempt

 The Congress may punish witness for contumacy or disobedience

POWER OF APPROPRIATION

- The Constitution provides that No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.

- The power to appropriate government funds for the operation of our government is
granted to Congress.

- Sometimes referred to as the power of the purse

1. Classification of Appropriation Law

a. General Appropriations Law – government’s annual budget

b. Special Appropriations Law – designed for a specific purpose

2. Limitations on Appropriations Measure

 a. Public funds may be used only for a public purpose, therefore appropriations
must be devoted to a public purpose.

b. The amount appropriate must be certain

3. Constitutional Guidelines on Appropriations

a. Guidelines on General Appropriation

1. The Congress may not increase the appropriations recommended by the

President for the operation of the Government as specified in the budget.

2. The form, content, and manner of preparation of the budget shall be

prescribed by law.

3. No provision or enactment shall be embraced in the general appropriations

bill unless it relates specifically to some particular appropriation therein.

4. The procedure in approving appropriations for the Congress shall strictly

follow the procedure for approving appropriations for the other department or
agencies.

5. No law shall be passed authorizing any transfer for appropriations

6. No public money or property shall be appropriated, applied, paid, or

employed, directly or indirectly

b. Guidelines on Special Appropriation

1. The purpose for which it is intended

2. Shall be supported by funds actually available as certified by the National

Treasurer, or to be raised by a corresponding revenue proposed therein

4. Discretionary Fund

 Appropriated for particular officials shall be disbursed only for public

purposes to be supported by appropriate vouchers and subject to such
guidelines as may be prescribed by law.

5. Automatic Reappropriations

 If, by the end of any fiscal year, the Congress shall have failed to pass the
general appropriations bill for the ensuing fiscal year, the general
appropriations law for the preceding fiscal year shall be deemed
 reenacted and shall remain in force and effect until the general
appropriations bill is passed by the Congress.

POWER OF TAXATION

- The power of taxation is the power to impose taxes

- Taxes are what we pay for civilized society

- The revenue raised in taxation is used to maintain the operation of our government.

1. Rule of Taxation

 The rule of taxation shall be uniform and equitable.

 A tax is considered uniform when it operates with the same force and effect in
every place where the subject may be found.

2. Tax Exemptions and Institutions Exempt from Taxation

 Charitable institutions, churches and parsonages or covenants appurtenant

thereto, mosques, non-profit cemeteries, and all lands, buildings, and
improvements, actually, directly, and exclusively used for religious, charitable, or
educational purposes.

 All revenues and assets of non-stock, non-profit educational institutions used

actually, directly, and exclusively for educational purposes.

NON-LEGISLATIVE POWERS

- The Congress is also vested under the Constitution such other powers, non-legislative in
nature