The Legislative Branch Of The Philippine Government

THE LEGISLATIVE BRANCH OF THE PHILIPPINE GOVERNMENT

Congress As a Respiratory of Legislative Power  Article VI, Section 1 of the Constitution states that legislative power shall be vested in the Congress of the Philippines, which shall consist of a Senate and House of Representatives. This constitutional provision clearly points to Congress as vested with legislative power or the power to make, amend or even repeal laws. The role of Congress is vital considering that laws are essential in regulating the relations of people among themselves and the government. Laws are needed in society for the following reasons: to protect the lives, rights and property of the people; to impose taxes for the operation of the government; to define crimes and punishments for crimes; to create and abolish government offices; and to regulate human conduct and use of property for the welfare of society.

The Composition of Philippine Congress  Philippine Congress is a bicameral legislature. It consists of two chambers, the Upper House or Senate and the Lower House or the House of Representatives.

The Senate  24 Senators  12 Senators are elected every three years  Each has a term of six years  The term of a senator, as provided for in the constitution, starts at noon on the 30th day of June following their election  The Constitution also limits their stay in the to no more than two consecutive terms.

The House of Representatives  Composed of not more than 250 members, unless otherwise fixed by the law, who shall be elected from legislative districts and through a party-list system  Shall have a term of three years  The Representatives of legislative districts are elected from the provinces, cities and Metropolitan Manila area  Article VI of the Constitution specifically allocates one representative for every city with a population of at least 250,000  Article VI, Section 5 of the 1987 Constitution provides that out of total number of Members, 20% shall come from Party-List representatives, one-half of which shall be filled by sectoral representatives for the first three terms.

Qualifications of the Members of the Philippine Congress (Article VI, Sec. 4)  Must be a natural born Filipino citizen  At least 35 years old on the day of the election  Able to read and write  A registered voter  A resident of the Philippines for not less than two years, immediately preceding the election

House of Representatives  Must be a natural born Filipino citizen  At least 25 years old on the day of the election  Able to read and write  A registered voter in the district for which he shall be elected, except for party list representatives  A resident of the Philippines for not less than one years, immediately preceding the election

Common Provisions for Members of Congress

Parliamentary Immunity  A senator or any member of the House of Representatives enjoys freedom of arrest while Congress is in session to enable him to perform his work adequately. Thus, no member of Congress can be questioned or held liable for any speech or debate in Congress or any of its working committees. This privilege, however, can be invoked when Congress is no longer in session and when the offense requiring arrest is punishable by more than 6 years of imprisonment.

Common Obligations  All members of the Senate an the house of Representatives, upon assumption into office are required to make a full disclosure of their assets and liabilities. They are required to notify the House concerned of the potential conflict of interest that may arise from the filing of a propose legislation of which they are the author.

Common Prohibitions and Disabilities  No Senator or Member of the House Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term, without giving up his seat in Congress. The fundamental charter also prohibits a member of Congress to be appointed to any office, which may have been created or the emoluments increased during his term for which he was elected.

Sessions  Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by the law, and shall continue in session for such number of days as it may determine until 30 days before the opening of its next regular session. Both chambers also have executive sessions or sessions in any of their working committees. Nonetheless, the President may call a special session at any time when needed owing to crises or emergencies to address.

Officers  Both chambers of Congress elect its officers by a majority vote of all its respective members. The officers of the Senate are the following: Senate President Pro-Tempore; the Majority Leader. On the other hand, the officers of the House of Representatives are the following: Speaker of the House; Deputy Speaker; and the Minority Leader.

Quorum  A majority of each House constitutes a quorum to do business. The rule observed in both houses is one-half plus one. Thus, 13 senators constitute the quorum for Senate and 126 congressmen, for the House of Representatives.

Rules  Each chamber of Philippine Congress determines the rules of its proceedings, discipline members for disorderly behavior, and with concurrence of twothirds of its members suspend or expel a member. Suspension, however, should not exceed 60 days.

House Journal and Record  Each chamber of Congress is required to keep and publish a journal of its proceedings. Congress, likewise, obliges the two chambers to maintain a Record of its proceedings. The difference between a journal and a record is that latter presents verbatim the actual proceedings in both chambers of Congress.

Adjournment  Senate nor the House of Representatives during the sessions of Congress shall without consent of the other, adjourn for more than three days, nor to any other place than that in which the two chambers are sitting.

POWERS OF CONGRESS

General Legislative Power  This power of Congress consists of laws intended to serve as rule of conduct in governing relations between individuals or between individuals and the state. Examples of these laws are civil laws, commercial laws, criminal laws, and political laws.

Implied Powers  These powers are essential to the effective exercise of other powers granted by the Constitution to Congress. The power to conduct injury in aid of legislation, through its Blue Ribbon Committee, is within the ambit of the implied power of Congress.

Inherent Powers  These are the powers which though not expressly given are nonetheless exercised by the Congress as they are necessary for its existence such as:  To determine the rules of proceedings;  To compel attendance of absent members to obtain quorum to do business; and  To keep journal of its proceedings.

Specific Legislative Powers  Power to appropriate through the passage of the General Appropriation Act;  Power to act as constituent assembly or introduce amendments to the fundamental law by a vote of three-fourths of all its members;  Power to impeach, to be initiated by the House of Representatives;  Power to confirm treaties by two-thirds vote of all senators;  Power to declare the existence of war by 2/3 vote from both houses in joint session voting separately;  Power to concur amnesty;  Power to act as board of canvasser for presidential/vicepresidential votes.

Executive Power  Appointment of its officers;  Affirming treaties by two-thirds vote of the members of senate;  Confirming presidential appointees through the Commission on Appointments; and  Removal power.

Supervisory Power  To decide the creation of a department/agency/office;  To define powers and duties of officers;  To appropriate funds for governmental operations; and  To prescribe rules and procedure to be followed.

Electoral Power  Elect its presiding officer/s and other officers of the House;  Act as board of canvassers for the canvass of presidential/vice-presidential votes; and  Elect the President in case of any electoral tie to the said post.

Judicial Power  To expel and suspend its erring members;  To initiate contempt proceeding in the Congress;  To concur and approve amnesty declared by the President of the Philippines;  To initiate, prosecute and thereafter decide cases of impeachment; and  To decide electoral protests of its members through the respective electoral Tribunal.

Miscellaneous Powers  To authorize the Commission on Audit to audit fund and property;  To authorize the President of the Philippines to fix tariff rates, quotas, and dues;  To authorize the President of the Philippines to formulate rules and regulations in times of emergency;  To reapportion legislative districts based on established constitutional standards;  To implement laws on autonomy;  To establish a national language commission;

Miscellaneous Powers  To implement free public secondary education;  To allow small scale utilization of natural resources;  To specify the limits of forest lands and national parks;  To determine the ownerships and extent of ancestral domain; and  To establish independent economic and planning agency.

The Electoral Tribunal and The Commission on Appointments  Each tribunal is composed of 9 members, 3 of whom are the Justices of the Supreme Court, and the remaining 6 are chosen by each chamber.  The senior Justice in the tribunal serves as the chairperson.  Each member also appoints its members to the Commission on Appointments.  It is compose of the Senate President as ex officio Chair, 12 Senators and 12 Representatives.  A member of the Tribunal and of the Commission cannot be a chairperson of any standing committee.

How a Bill Becomes a Law  Lawmakers file bills on issue areas of their concern, although bills on international agreements and treaties are traditionally initiated by the Senate. Nonetheless, bills on appropriations and those authorizing increase in public debts originate from the House of Representatives.  A bill is an outline of a proposed law from the time it is introduced in either chambers of Congress. After research and studies have been conducted by the staff and the legislators themselves, the bill goes through the legislative mill and has to pass three readings before it becomes a law.

Introduction of the Bill  Bills are signed by the author and filed in four copies; delivered to the secretary of the Chamber of origin.  A bill number is assigned by the Secretariat.  The bill is calendared for introduction and first reading. This is done within the first three session days from the day it is filed.

First Reading  The Secretary of the Chamber reads the bill, its number, long title, and its author(s).

Committee Referral and Action  The presiding officer of the session refers the bill to the appropriate committee.  The committee schedules and conducts meetings and public hearings; reports the consolidated bills on the same subject or the substitute bill; or gives notice to the author(s) if action is unfavorable.

Second Reading  The bill goes through a second reading after which a committee report on the subject is read.  On the second reading, the following takes place:  Period of Debate: Sponsorship Speech; Interpellation; Turno en Contra  Period of Amendments: Committee Amendments; Individual Amendments  Voting, which may be by viva voce; raising of hands; division of the house; nominal or roll call.

Third Reading  The bill on the third reading is subjected to a viva voce vote.  The secretary General signs a certification and sends the bill to the Secretary of the chamber. The bill is sent to the other house (the bill goes through first, second and third readings in the second chamber.

Conference Committee  The bill is returned to the chamber of origin for votes to amendments recommended by the other chamber.  The bill is sent for consideration to a conference committee if the changes recommended by the other chamber are not accepted by the chamber where the bill originated.

Presidential Action  The bill is sent for Presidential approval if it passes both chambers after the reconciliation of differences of the different versions of the bills in the Conference Committee.  The bill becomes a law after it is signed by the President, or after 30 days from the day of submission for Presidential action and the President takes no action. If the President vetoes the bill:  It is returned to the chamber of origin together with his/her objections.  Objections are entered in the Journal and sent back for reconsideration.  Two-thirds of the members of the chamber of origin can pass the bill to the other chamber; if approved by two thirds of the members of that chamber, the presidential veto is overridden and the bill becomes a law.

Based on the foregoing discussion, it is clear that a bill passed by congress can become a law in three ways:  Expressed Approval. A bill becomes a law the moment the President stamps her signature of approval.  Approval Through Inaction. If the President fails to act on the bill within 30 days from its receipt, the bill automatically becomes a law.  Overriding the Presidential Veto by Congress. By two-thirds vote of all members of the Senate and House of Representatives, Congress can override the presidential veto of a proposed legislation.

Thank You  Credits to the book about the Philippine Government (I forgot the name of the book, im sorry)