THE LEGISLATIVE DEPARTMENT

(Article VI of the 1987 Constitution)

The Legislative Branch

From the Latin lex, legis meaning law The legislative branch broadly deals with A. Making, deliberation over, enactment, amendment and repealing of laws (the power/authority to make,

alter or repeal laws and prescribe general rules for the government of society)

LAWS
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

Classification of Powers of the Congress

A. General Legislative Power Enactment of laws to govern the relations among individuals or between the individuals and the State but must not be contrary to the Constitution B. Specific Powers Power provided by the Constitution exclusively for the Congress E.g. Declare state of war tie(Art. 6, Sec. 23 par.1), Impose taxes(Sec. 28 par 1) , to Impeach(Art. 11 Sec . 2), Elect the president in case of a tie(Art. 7, Sec. 4 par.4), to Appropriate money(Sec. 29 par 1)

C. Implied Powers
Necessary to the effective exercise of their powers E.g. Investigation in aid of legislation, power of contempt, enactment of rules in its proceedings

D. Inherent Powers
Powers that are not specified by the Constitution but are requisites for the exercise of government sovereignty E.g. Powers of Taxation, Eminent Domain, Police Power

Basic Structures
There are two basic structures for legislative branches of government:

1. Unicameral
The legislative branch consists of one chamber/house

2. Bicameral
Legislative power is vested in two chambers/houses

The Philippine Congress

The Philippine Congress is the countrys legislative department (Art. 6, Sec.1) (initiative and referendum-PEOPLE) Congress is bicameral
Upper House: Senate Lower House: House of Representatives

N.B.: Senators are Congressmen

House of Senate
Composition Qualifications 24 Senators elected at large Natural-born citizen At least 35 years old on election day Literate (can read and write) Registered voter Philippine resident for 2 years prior to election day 6 years Maximum: 2 terms

Term of Office

The term of office Voluntary of the Senators renunciation of shall commence, the office for any unless otherwise length of time not be provided by law, shall at noon on the considered as an 30th day of June interruption in the continuity of his next following service for the full their election.
term of which he was elected.

House of Representatives
Composition 200 district reps, 50 party- list(General Rule)

A. Congressional districts
For every 250,000 city population, 1 representative Manila 6 Districts For provinces, 1 representative regardless of population BUT in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio

B. Party-list
It is of registered national, regional, and sectoral parties or organizations. Embodies the ideals promoted by the sector being represented To attain the broadest possible representation Marginalized representation 20 percent of the total composition of the House of Representatives

Qualifications Natural-born citizen At least 25 years old on election day Literate (can read and write) Registered voter of the district >District resident for 1 year prior to election day >Sectoral Representative Embodies the ideals promoted by the sector being represented Term of Office 3 years
-shall begin, unless otherwise provided by law, at noon on the 30th day of June next following their election. Maximum: 3 terms

In Case of Vacancy
Art. 6, Section 9 Vacancy can be filled through regular election
Sec

Special elections can be called for the purpose of filling the vacancy In either circumstance, the one elected merely sits for the unexpired term

Compensation/Salaries
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.

Parliamentary Privileges
not, as long as the session is not yet adjourned. A.Regular Three regular sessions B. Special Takes place when the president calls for session during recess to consider legislations the president may designate Executive Session
Congressmen have two parliamentary privileges while Congress is in session, whether attending or

Parliamentary Privileges
1. Privilege from arrest/Immunity from Arrest
Immunity from offenses punishable by not more than six years imprisonment
Exceptions:

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

2. Privilege of speech and debate/Parliamentary Immunity

Immunity from libel and slander

Exceptions :
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

Transparency
Elected Congressmen must: 1. Fully disclose their financial and business interests 2. Disclose potential conflicts of interests that arise in the course of legislation 3. Keep from any other office or employment (appointed or otherwise), forfeit his/her seat to do so

Incompatible Office -includes any kind of office or employment in the government, or any subdivision, agency or instrumentality thereof, including GOCCs during his/her term.
*Any employment means forfeiture of seat

Forbidden Office -this refers to any office created or emoluments of which have been increased during the term for which he was elected.

Elected Congressmen must also:

4. Keep from appearing as counsel before any court of justice 5. Keep from having financial interest in any contract with the government.

e.g Financial investments

6. Keep from having financial interest in any special privilege granted by govt 7. Keep from interfering certain matters

Structure and Dynamics

Senate President and House Speaker elected by majority vote Other officers, procedures and the discipline of its members is at the discretion of each house >power to punish or expel
e.g reprimand, fine, forfeiture, imprisonment, suspension, expulsion, also CONTEMPT to nonmembers
*For suspension/expulsion-majority of all members and shall not exceed 60 days

Quorum: Majority- of the body and NOT of all the Members Each House maintains a journal and record of proceedings Legislative Journal-official record of what is done and passed in a legislative assembly. Record-journals -to insure publicity of the proceedings in Congress -where yeas or nays are entered, votes cast in

impeachment

Neither House can adjourn without the others consent while in session

ELECTORAL TRIBUNAL(Sec. 17)

-sole judge of all contest relating to election, returns, and
qualifications of their respective members

Senate Electoral Tribunal(SET)

Composition: 3 justices of SC designated CJ PLUS 6 members of the Senate

House of Representative Electoral Tribunal(HRET)

Composition: 3 justices of SC designated CJ PLUS 6 members of the Representatives

Powers of Congress
1. Appointment of Public Officials COMMISSION ON APPOINTMENTS

Composition: 25 Members >Senate President-ex officio chairman >12 Senators >12 Representatives

2. Legislative inquiry and investigation 3. Declare the existence of a state of war 4. Ratify the countrys international treaties (Senate) 5. Authorize limited emergency powers for the President

Powers of Congress
6. Approve the government budget 7. Undertake projects under the CDF 8. Propose, review, and adopt bills for enactment into law 9. Overturn a Presidential veto with respect to proposed legislation 10. Allow for referenda 11. Propose amendments to the constitution and call for a constitutional convention

Legislative Limitations
Congress may not: 1. Increase appropriations recommended by the executive branch 2. Pass tax exemptions without the concurrence of a majority of its members 3. Grant titles of nobility 4. Pass ex post facto bills 5. Pass bills of attainder

How does a Bill become a Law?

Referral to Committee

Debate

1st Reading

2nd Reading ~House of Representatives~

3rd Reading

How a Bill Becomes Law

Referral to Committee Debate

1st Reading

2nd Reading ~Senate~

3rd Reading

1st Reading

2nd Reading ~House of Representatives~

3rd Reading

How a Bill Becomes Law

1st Reading

2nd Reading ~Senate~

3rd Reading

BICAMERAL COMMITTEE 1st Reading 2nd Reading ~House of Representatives~ 3rd Reading

How a Bill Becomes Law

President

1st Reading

2nd Reading ~Senate~

3rd Reading

1st Reading

2nd Reading ~House of Representatives~

3rd Reading

How a Bill Becomes Law

APPROVE President VETO 30 DAY PERIOD 1st Reading 2nd Reading 3rd Reading

1st Reading

2nd Reading ~House of Representatives~

3rd Reading

-end-