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Philippine Constitution:

The Constitution and the Legislative


By: Group no. 1
C O N S T I TU T I O N
CONSTITUTION...
Every state has had a constitution of some
kind whether it be an elaborate document or
just a collection of rules. It is inconceivable how
a state could exist or survive without a
constitution of some forms.
The foundation of the system if government
of the Philippines is the constitution.
Constitution define . . .
In its broad sense, the term constitution
refers to the "body of rules and principles in
accordance with which the powers of
sovereignty is regularly exercised."

Etymology:
Latin word "CONSTITUO" which means
"fixed", "established", or "settled".
Constitution define . . .
"Constitution is a written instrument
(document) by which the fundamental powers
of government are established, limited, and
defined, and by which these powers are
distributed among several departments for their
safe and useful exercise for the benefit of the
body specific."
-Justice Miller, US Supreme Court
Nature and Purpose . . .
1. Serves as the supreme or fundamental law.
 It is a charter creating the government.
 It is binding to all individual citizens and all
organs of the government.
 It is a law to which all other laws must
comfort.
 It is the test of the legality of all governmental
actions.
Nature and Purpose . . .
2. Establishes the basic framework and
underlying principles of government.
 Prescribes the permanent framework of the
system of government, and assigns to the
different department or branches, their
respective powers and duties. (Article I)
Nature and Purpose . . .
To establish certain basic principles on which
the government is founded. (Preamble, Art. I)
Designed to preserve and protect the rights of
the citizen against the Powers of the State.
(Art III)
Pros and Cons of a Written
Constitution . . .

 It has the advantage of clearness and


definiteness over an unwritten one. Since the
written constitution is a binding document, the
rights of the citizen is more secured.
Pros and Cons of a Written
Constitution . . .

Its disadvantage lies in the difficulty of its


amendment. This prevents the immediate
introduction of needed reforms and may
thereby retard the healthy growth and
progress of the State.
Requisites of a Good Written
Constitution . . .
 BRIEF: because if a constitution is too
detailed, it would lose the advantage of a
fundamental law. It would never be
understood by the public.
 BROAD: because a statement of the powers
and functions of government, and of the
relations between the governing body and the
governed, requires that it be as
comprehensive as possible.
Requisites of a Good Written
Constitution . . .

 DEFINITE: because otherwise the


application of its provision to concrete
situations may prove unduly difficult if not
impossible.
LEGISLATIVE
DEPARTMENT
Legislative Department . . .
The legislative branch is authorized to
make laws, alter, and repeal them through the
power vested in the Philippine Congress. This
institution is divided into:
 Senate
 House of Representatives (Congress)
Legislative Department . . .
 SENATE
The senate shall be composed of twenty-
four Senators who shall be elected at large by
the qualified voters of Philippines, as may be
provided by law.

Terms of Office: 6 years


Terms: 2
Qualification for Senate . . .
 At least 35 years of age
 Able to read write
 A registered voter
 Resident of the Philippines for not less than
two years
Legislative Department . . .
 HOUSE OF REPRESENTATIVES
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 provinces, cities, and
Metropolitan Manila area in accordance with
the accordance with the number of their
respective inhabitants.
Legislative Department . . .
 HOUSE OF REPRESENTATIVES
The basis of a uniform and progressive
ratio, and those who, as provided by laws, shall
be elected through a party-list system of
registered national, regional and sectorial
parties or organization.
Legislative Department . . .
The party-list representatives shall
constitute 20% 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
seat allocated to party-list representatives shall
be filled, as provided by law, by selection or
election from:
Legislative Department . . .
 Labor Terms of Office: 3 years
 Peasant Terms: 3
 Urban poor
 Indigenous cultural communities
 Woman
 Youth
 Other sectors as may be provided by law,
except by the religious sector.
Legislative Department . . .
 The legislation branch enacts legislation.
 Confirms or rejects Presidential
Appointments.
 Has the authority to declare war.
Qualification for Congress . . .
 At least 25 years of age
 Able to read write
 A registered voter
 Resident of the Philippines for not less than
two years

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