Executive

Legislative

Judiciary

Separation of Powers
Checks and Balances

Article VI

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 provision on
initiative and referendum.

Legislative Power
Authority to make, alter or repeal laws
Prescribe general rules for the government of
society

Laws

Written enactments of the legislature

Defines right and duties of a citizen
Imposes taxes
Appropriate funds (budget deliberation)
Defines crime and its penalties
Creates and abolishes government offices
Regulates human conduct

Two chambers (Bicameral)

Upper house
Senate

Lower house
House of Representatives

What are the

advantages?
Avoid hasty and illconsidered legislation
Serves as training
ground for future leaders
Representation for both
regional (House) and
national (Senate)
interests
Less susceptible to
bribery and manipulation

What are the

disadvantages?
Has not worked out as
an effective fiscalizing
machine
No assurance of better
deliberated legislation
Duplication of efforts
which delays the
legislation process
More expensive

Classification of Powers of the Congress

General Legislative Power
For the govern of relations among individuals
As long as not contrary to the Constitution

Specific Powers
Power provided by the Constitution exclusively for the
Congress
E.g. Elect the president in case of a tie

Declare state of war

Implied Powers
Necessary to the effective exercise of their powers
E.g. Investigation in aid of legislation

Inherent Powers
Powers that are not specified by the Constitution but are
requisites for the exercise of government sovereignty

The Senate shall be composed of twenty-four

Senators who shall be elected at large by
the qualified voters of the Philippines, as
may be provided by law.
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 thirtyfive 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.

The term of office of the Senators shall be six

years and shall commence, unless otherwise
provided by law, at noon on the thirtieth day
of June next following their election.
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 of
which he was elected.

24 Senators elected at large

Initial 6 years term
Eligible for a one subsequent 6 year term
More than two successive terms is prohibited

Qualifications
Natural-born citizen
Who are natural born citizens?

At least 35 years old

Able to read and write
Registered voter

What are the qualifications for voting?

Resident of the Philippines for at least 2 years

(1)

The House of Representatives shall be composed of not more than

two hundred and fifty members, unless otherwise fixed by law, who
shall be elected from legislative districts apportioned among the
provinces, cities, and the Metropolitan Manila area in accordance
with the number of their respective inhabitants, and on the basis of
a uniform and progressive ratio, and those who, as provided by law,
shall be elected through a party-list system of registered national,
regional, and sectoral parties or organizations.

(2)

The party-list representatives shall constitute twenty per centum of

the total number of representatives including those under the party
list. For three consecutive terms after the ratification of this
Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by selection or
election from the labor, peasant, urban poor, indigenous cultural
communities, women, youth, and such other sectors as may be
provided by law, except the religious sector.

(3)

Each legislative district shall comprise, as far

as practicable, contiguous, compact, and
adjacent territory. Each city with a population
of at least two hundred fifty thousand, or each
province, shall have at least one
representative.

(4)

Within three years following the return of

every census, the Congress shall make a
reapportionment of legislative districts based
on the standards provided in this section.

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 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.
The Members of the House of Representatives shall be
elected for a term of three years which shall begin, unless
otherwise provided by law, at noon on the thirtieth day of
June next following their election. No Member of the House
of Representatives shall serve for more than three
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.

Not more than 250 members

Congressional districts and sectoral representation
For every 250,000 city population, 1 representative
Manila 6 Districts

For provinces, 1 representative regardless of

population

Initial 3 years term

Eligible for 2 more subsequent terms
More than three consecutive terms is prohibited
9 years consecutive service

Qualifications

Natural-born Philippine Citizen

Able to read and write
At least 25 years old
District Representative
Sectoral
Representative
Registered voter in the
district involved

Resident of that
district for at least 1
year

Embodies the ideals

promoted by the
sector being
represented
Pro-poor,
representative should
be poor

Sectoral Representation
To attain the broadest possible representation
Marginalized representation

To strike a balance between varying interests

20 percent of the total composition of the

House of Representatives
250 representatives, 50 should be from party-list

Election of registered parties, instead of

individual candidates
Number of representatives depends on the total
no. of votes obtained (proportional
representation)
Maximum of three seats per party
E.g. Was able to obtain 10% of the votes cast, partylist will also get 10% of the seats allotted for partylist

A -100
B 2500 (2nd seat) (8th seat) (12th seat)
C 3500 (1st seat) (7th seat) (11th seat)
D 200 (5th seat) Total Votes Cast =7,445
E 10 2 percent = 149
F 49 4 percent = 298
G 161(6th seat) 6 percent = 447
H 500 (3rd seat) (9th seat) (13th seat)
I 300 (4th seat) (10th seat)
J - 125

Back-door Entrance to the Legislative

department
Difficult to win in District Representation
Party-list Representation is an option
Traditional Politicians (Trapos)

Where do they use their pork barrel allotment?

As of 2001, none of the bills of national

importance made by party-list groups ever
became a law (Fermin 2001)

The salaries of Senators and Members of the

House of Representatives shall be
determined by law. No increase in said
compensation shall take effect until after
the expiration of the full term of all the
Members of the Senate and the House of
Representatives approving such increase.

House of Representatives

Senators

43,000 basic monthly salary (516,000 per annum)

1.3 M for salaries of staff (15.6 M per annum)
200 M Pork Barrel Funds
Travel and other allowances
216.116 Million Pesos

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.

Entitled to immunity from arrest while the

Congress is in session
Whether attending the session or not
Regular
Three regular sessions

Special
Takes place when the president calls for session during
recess to consider legislations the president may
designate
Executive Session

As long as the session is not yet adjourned or

in recess

If ever can be arrested

imprisonment should not be more than 6 years

Except for offenses punishable with a

minimum of 6 years imprisonment
Reclusion Perpetua
Life Imprisonment
Theft
2 years Life imprisonment

If Congress is no longer in session

If the offense committed is punishable with

more than 6 years of imprisonment

If the representative waives this right

Entitled to immunity from being questioned

and be held liable to what they say
Libel
Condition
As long as the speech is relevant to the performance
of his legislative duties
Chismis

If the person is not acting as a member of

the Congress
No longer a representative
Actions are not in relation to the performance of
his legislative duties

Etiquette or behavior is being questioned in

the Congress itself (Conduct Unbecoming)
Ethics Committee

Immunity from Arrest

Parliamentary Immunity

Article VI

(1)

(2)

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

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, except when the President certifies to the
necessity of its immediate enactment to meet a public
calamity or emergency. Upon the last reading of a bill,
no amendment thereto shall be allowed, and the vote
thereon shall be taken immediately thereafter, and
the yeas and nays entered in the Journal.

Bill
Draft law submitted to the legislative body for its
consideration
Proposed by any member of the legislative

First Reading
Referred to the appropriate committee
Committee level
Hearings, consultations, debate

Second Reading
Debates at the Plenary Level
Printing of final draft and distribution

Third Reading
Final Reading
No more amendments and debates are allowed

Nominal Voting
Yeas and nays

Referred to the other house

3 readings take place

Forwarded to the Joint Bicameral Committee

Consolidation of the two versions of the two
houses
Compromise

Submission to the President

upon transmittal to the President
Sign the bill into law
Veto the bill back to the Congress

After 30 days without action

(1)

Every bill passed by the Congress shall, before it

becomes a 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
objections at large in 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, together with the objections, 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 a law. In all such cases, the votes
of each House shall be determined by yeas or nays, and
the names of the Members voting for or against shall be
entered in its Journal. The President shall communicate
his veto of any bill to the House where it originated
within thirty days after the date of receipt thereof,
otherwise, it shall become a law as if he had signed it.

(2)

The President shall have the power to veto

any particular item or items in an
appropriation, revenue, or tariff bill, but
the veto shall not affect the item or items
to which he does not object.

Bill is passed by Congress signed by the

President
Vetoed bill override by 2/3 vote of both
houses
If the President failed to act on the passed
bill in 30 days

For cases of initiative and referendum, signature

of the president is no longer required
Pocket Veto is not allowed
Silence means yes

Pocket Veto is not allowed

Partial Veto is not allowed

Except for appropriations bill, revenue bill, tariff
bill