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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; the
House of Representatives shall be composed of not more than 250 (unless
otherwise fixed by law), 20 percent of whom must be Party-list representatives.

The qualifications to become a senator, as stipulated in the constitution, are:

1. a natural-born citizen of the Philippines;


2. at least thirty-five years old;
3. is able to read and write
4. a registered voter; and
5. a resident of the Philippines for not less than two years before election
day.

Meanwhile, the constitution provides for the following criteria to become a


member of the House of Representatives:

1. a natural-born citizen of the Philippines;


2. at least twenty-five years old;
3. is able to read and write; and
4. except the party-list representatives, a registered voter and a resident for at
least one year in the district where s/he shall be elected.

Legislative process

Congress is responsible for making enabling laws to make sure the spirit of the
constitution is upheld in the country and, at times, amend or change the
constitution itself. In order to craft laws, the legislative body comes out with two
main documents: bills and resolutions.

Resolutions convey principles and sentiments of the Senate or the House of


Representatives. These resolutions can further be divided into three different
elements:

 joint resolutions — require the approval of both chambers of Congress and


the signature of the President, and have the force and effect of a law if
approved.
 concurrent resolutions — used for matters affecting the operations of both
chambers of Congress and must be approved in the same form by both
houses, but are not transmitted to the President for his signature and
therefore have no force and effect of a law.
 simple resolutions — deal with matters entirely within the prerogative of
one chamber of Congress, are not referred to the President for his
signature, and therefore have no force and effect of a law.

Bills are laws in the making. They pass into law when they are approved by both
houses and the President of the Philippines. A bill may be vetoed by the
President, but the House of Representatives may overturn a presidential veto by
garnering a 2/3rds vote. If the President does not act on a proposed law
submitted by Congress, it will lapse into law after 30 days of receipt.
The powers of the Congress of the Philippines may be
classified as:
General legislative[edit]
It consists of the enactment of laws intended as a rule of conduct to govern the relation between
individuals (i.e., civil laws, commercial laws, etc.) or between individuals and the state (i.e.,
criminal law, political law, etc.) [15]

Implied[edit]
It is essential to the effective exercise of other powers expressly granted to the assembly.[citation
needed]

Inherent[edit]
These are the powers which though not expressly given are nevertheless 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;
 to keep journal of its proceedings; etc.
Specific legislative[edit]
It has reference to powers which the Constitution expressly and specifically directs to perform or
execute.
Powers enjoyed by the Congress classifiable under this category are:

 Power to appropriate;
 Power to act as constituent assembly; (The Senate and the House of Representatives
must convene and vote on joint or separate session to do this.[citation needed])
 Power to impeach; (to initiate all cases of impeachment is the power of the House of
Representatives; To try all cases of impeachment is the power of the Senate.)
 Power to confirm treaties;(Only the Senate is authorized to use this power.)
 Power to declare the existence of war; (The Senate and the House of Representatives
must convene in joint session to do this.)
 Power to concur amnesty; and
 Power to act as board of canvasser for presidential/vice-presidential votes. (by creating
a joint congressional committee to do the canvassing.)
 Power to contempt
 Blending of power
 Delegation of power
 Budgetary power
 Power to taxation
Executive[edit]
Powers of the Congress that are executive in nature are:

 Appointment of its officers;


 Affirming treaties;
 Confirming presidential appointees through the Commission on Appointments;
 Removal power; etc.
Supervisory[edit]
The Congress of the Philippines exercises considerable control and supervision over the
administrative branch - e.g.:

 To decide the creation of a department/agency/office;


 To define powers and duties of officers;
 To appropriate funds for governmental operations;
 To prescribe rules and procedure to be followed; etc.
Electoral[edit]
Considered as electoral power of the Congress of the Philippines are the Congress' power to:

 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[edit]
Constitutionally, each house has judicial powers:

 To punish its Members for disorderly behavior, and, with the concurrence of two-thirds of
all its Members, suspend or expel a Member
 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[edit]
The other powers of Congress mandated by the Constitution are as follows:

 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;
 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.

 Preparation of the bill


The Member or the Bill Drafting Division of the Reference and Research Bureau
prepares and drafts the bill upon the Member's request.

 First reading
1. The bill is filed with the Bills and Index Service and the same is numbered and
reproduced.
2. Three days after its filing, the same is included in the Order of Business for First
Reading.
3. On First Reading, the Secretary General reads the title and number of the bill.
The Speaker refers the bill to the appropriate Committee/s.
 Committee consideration / action
1. The Committee where the bill was referred to evaluates it to determine the
necessity of conducting public hearings.

1. If the Committee finds it necessary to conduct public hearings, it schedules the


time thereof, issues public notices and invites resource persons from the public and
private sectors, the academe, and experts on the proposed legislation.
2. If the Committee determines that public hearing is not needed, it schedules the
bill for Committee discussion/s.

1. Based on the result of the public hearings or Committee discussions, the


Committee may introduce amendments, consolidate bills on the same
subject matter, or propose a substitute bill. It then prepares the
corresponding committee report.
2. The Committee approves the Committee Report and formally transmits the
same to the Plenary Affairs Bureau.
2. Second reading
1. The Committee Report is registered and numbered by the Bills and Index
Service. It is included in the Order of Business and referred to the Committee on
Rules.
2. The Committee on Rules schedules the bill for consideration on Second
Reading.
3. On Second Reading, the Secretary General reads the number, title and text of
the bill and the following takes place:

1. Period of Sponsorship and Debate


2. Period of Amendments
3. Voting, which may be by
1. viva voce
2. count by tellers
3. division of the House
4. nominal voting
2. Third reading
1. The amendments, if any, are engrossed and printed copies of the bill are
reproduced for Third Reading.
2. The engrossed bill is included in the Calendar of Bills for Third Reading and
copies of the same are distributed to all the Members three days before its Third
Reading.
3. On Third Reading, the Secretary General reads only the number and title of the
bill.
4. A roll call or nominal voting is called and a Member, if he desires, is given three
minutes to explain his vote. No amendment on the bill is allowed at this stage.

1. The bill is approved by an affirmative vote of a majority of the Members present.


2. If the bill is disapproved, the same is transmitted to the Archives.
o Transmittal of the approved bill to the Senate
The approved bill is transmitted to the Senate for its concurrence.
o Senate action on approved bill of the House
The bill undergoes the same legislative process in the Senate.

o Conference committee

1. A Conference Committee is constituted and is composed of Members from each


House of Congress to settle, reconcile or thresh out differences or
disagreements on any provision of the bill.
2. The conferees are not limited to reconciling the differences in the bill but may
introduce new provisions germane to the subject matter or may report out an
entirely new bill on the subject.
3. The Conference Committee prepares a report to be signed by all the conferees
and the Chairman.
4. The Conference Committee Report is submitted for consideration/approval of
both Houses. No amendment is allowed.
2. Transmittal of the bill to the President
Copies of the bill, signed by the Senate President and the Speaker of the House of
Representatives and certified by both the Secretary of the Senate and the Secretary
General of the House, are transmitted to the President.
3. Presidential action on the bill
If the bill is approved by the President, it is assigned an RA number and transmitted to
the House where it originated.
4. Action on approved bill
The bill is reproduced and copies are sent to the Official Gazette Office for publication
and distribution to the implementing agencies. It is then included in the annual
compilation of Acts and Resolutions.
5. Action on vetoed bill
The message is included in the Order of Business. If the Congress decides to override
the veto, the House and the Senate shall proceed separately to reconsider the bill or the
vetoed items of the bill. If the bill or its vetoed items is passed by a vote of two-thirds of
the Members of each House, such bill or items shall become a law.
HISTORY OF THE LEGISLATURE
REPRESENTATION IN THE SPANISH CORTES

Prior to the creation of a legislature in the Philippines, Filipinos, from time to time, were allowed to sit in
the Spanish Cortes as representatives of the Philippine Islands. In 1810, the Spanish government allowed
Filipinos to receive Spanish citizenship and appropriate representation in the Cortes. When the Cadiz
Constitution was in full force and effect, Filipino representation became a standard in the Cortes.
However, in 1837, the liberal Cortes finally abolished representation and declared that overseas
territories of Spain to be ruled by special laws. This loss of representation was one of the main points
that Jose Rizal and other propagandists were fighting for during the Propaganda movement.

MALOLOS REPUBLIC, 1899 – 1901

The first Filipino legislature was convened on September 15, 1898 in Barasoain Church, Malolos,
Bulacan. Later known as the Malolos Republic, it drafted the first constitution of the Philippines, which
was also the first democratic constitution in Asia. The Congress included delegates from different
provinces of the Philippines, some elected and some appointed. It was a short-lived legislature, unable
to pass any laws due to the onset of the Philippine-American War. The first Philippine Republic was
ended on March 23, 1901 with the capture of President Emilio Aguinaldo in Palanan, Isabela.

PHILIPPINE COMMISSION, 1899 – 1916

In 1899, United States President William McKinley appointed a commission led by Dr. Jacob Schurman to
study and investigate the conditions in the Philippine Islands. This would be known as the first Philippine
Commission. It was followed by another investigative commission led by William Howard Taft in 1900,
which also had limited legislative and executive powers. From 1901 onwards, the Philippine Commission
would be regularized. It exercised both executive and legislative powers, with three Filipino delegates,
namely Benito Legarda, Trinidad Pardo de Tavera, Jose Luzuriaga. After the organization of the
Philippine Assembly (see below) in 1907, the commission stayed on as the upper house of the
legislature.

PHILIPPINE ASSEMBLY, 1907 – 1916

Electoral representation in the Philippines by Filipinos began when the American insular government
allowed partial self-governance by establishing the Philippine Assembly. The assembly, as the lower
house, shared legislative power with the Philippine Commission, which remained under American
control, as membership in the Philippine Commission was still restricted to appointed American officials.
In 1907, still under American rule, the Philippines held its first national elections for the newly created
representative body, which had an inaugural membership of 81 Filipinos representing their respective
districts. In the succeeding years, the number of districts were increased to 85 in 1910, and 91 in 1912.

RESIDENT COMMISSIONERS, 1907 – 1946

From 1907 to 1946, the Philippine legislature sent a representative to sit in the U.S. House of
Representatives, as resident commissioner. Under Spain, the Philippines had also been given limited
representation in the Spanish Cortes, and like the resident commissioners, they had the right to speak,
but not to vote. The restoration of Philippine independence in 1946 ended Philippine representation in
the U.S. Congress. (Note: To this day, Puerto Rico still has a resident commissioner in the U.S. House of
Representatives.)

THE PHILIPPINE LEGISLATURE, 1916 – 1935

Upon the enactment of the Jones Law in 1916, the Filipinos were subsequently granted the opportunity
to hold other offices in the government. Positions in the Philippine Senate were opened to Filipinos, with
12 senatorial districts and two senators elected from each. The inaugural President of the Senate in
1916 was Manuel L. Quezon, representing the fifth senatorial district. He would hold this position until
the establishment of the Commonwealth of the Philippines in 1935. For the 19 years prior to the
Commonwealth, the Senate presidency was the highest position a Filipino could hold.

From the first Philippine Commission to the establishment of the Commonwealth of the Philippines, the
Philippine legislature were passing public acts. This form of legislation is started at Congress, with the
approval of the American governor-general of the Philippine Islands.
COMMONWEALTH OF THE PHILIPPINES, 1935 – 1946

On November 15, 1935, Quezon took his oath as the first President of the Commonwealth of the
Philippines, giving control of the executive branch of government to the Filipinos. It was also in this era
that the Supreme Court of the Philippines was completely Filipinized. By virtue of the 1935 Constitution,
the bicameral Philippine legislature was merged to form the unicameral National Assembly.

Two elections were held under the Commonwealth. The first, in 1935, elected the President of the
Philippines as well as members of the National Assembly; the second, in 1939, elected only members of
the National Assembly. The National Assembly would be retained until 1941, when a new structure for
the legislature was introduced through a constitutional amendment.

From the Commonwealth period to the inauguration of the Third Philippine Republic, the Philippine
legislature was passing Commonwealth acts (CA). This form of legislation is started at the National
Assembly and approved by the President of the Philippines.

CONSTITUTIONAL AMENDMENTS OF 1941

After six years under a unicameral legislature, the Constitution of 1935 was amended, dividing the
National Assembly into two separate houses. The Senate of the Philippines and the House of
Representatives were reestablished, with a Senate President and a Speaker of the House leading their
respective chambers.

The elections for members of these newly created chambers were held in 1941. However, the onset of
World War II prevented the elected members from assuming their posts and the legislature of the
Commonwealth of the Philippines was dissolved upon the exile of the government of the Philippines.

THE SECOND REPUBLIC, 1943

On October 14, 1943, the Japanese-sponsored Second Republic was inaugurated, with Jose. P. Laurel as
the President. This government followed the newly crafted 1943 Constitution, and reverted the
legislature back to a unicameral National Assembly. The National Assembly of the Second Republic
would remain in existence until the arrival of the Allied forces in 1944, which liberated the Philippines
from the Imperial Japanese forces.
RESTORATION OF THE PHILIPPINE COMMONWEALTH, 1945 – 1946

Upon the reestablishment of the Commonwealth in 1945, President Sergio Osmeña called for a special
session of Congress. The first Congress convened on June 9 of that year, with most of the senators and
representatives, who were elected in 1941, assuming their positions. Manuel Roxas and Jose C. Zulueta
served as Senate President and Speaker of the House, respectively. Not all, however, were allowed to
take their post because some were incarcerated for collaboration with the Japanese.

The inaugural session, was held in a converted school house in Lepanto St., Manila, as the Legislative
Building in Manila was reduced to ruins as an outcome of the war.

On April 23, 1946, national elections were held to choose new members of Congress, the President, and
the Vice President of the Philippines. After the elections the second Congress of the Commonwealth
convened on May 25, 1946. It would only last until July 4, 1946, with the inauguration of the Third
Republic of the Philippines.

THE THIRD REPUBLIC, 1946 – 1972

The independent Republic of the Philippines was finally proclaimed on July 4, 1946 with Manuel Roxas
as President. The Second Congress of the Commonwealth was transformed into the first Congress of the
Republic of the Philippines, also made up of the Senate and the House of Representatives. This would
mark the beginning of the count of Congresses of the Republic until the imposition of Martial Law in
1972, when Congress would be dissolved.

This era started the legislation of republic acts which would continue until 1972. Upon the restoration of
democracy in 1986 and the ratification of the 1987 Constitution, the naming of laws as republic acts
would be reinstated.

MARTIAL LAW AND THE FOURTH REPUBLIC, 1972-1986

On September 23, 1972 President Ferdinand E. Marcos issued Presidential Proclamation No. 1081,
placing the entire country under Martial Law. This coincided with the closing of the sessions of both
chambers of Congress. Days before the scheduled reopening of the Senate and the House of
Representatives, Marcos promulgated the 1973 Constitution, which effectively abolished the bicameral
legislature and replaced it with a unicameral legislature. Opposition legislators reported to the
Legislative Building on January 22, 1973, but found the building padlocked and under an armed guard.
Under martial rule, Marcos created the Batasang Bayan in 1976, by virtue of Presidential Decree No.
995, to serve as a legislative advisory council—a quasi-legislative machinery to normalize the legislative
process for the eventual actualization of the 1973 Constitution. The Batasang Bayan would hold office in
the Philippine International Convention Center (a modernist structure designed by National Artist for
Architecture Leandro Locsin, within the Cultural Center of the Philippines Complex—a pet project of
First Lady Imelda R. Marcos). The consultative body would serve until 1978.

The Batasang Bayan would be replaced in 1978 by an elected unicameral body: the Interim Batasang
Pambansa (IBP), a parliamentary legislature, as provided for in the 1973 Constitution. On April 7, 1978,
elections for were held. Those elected to the IBP would be called Mambabatas Pambansa
(Assemblymen) who would be elected per region, via a bloc-voting system. The IBP opened on
Independence Day 1984 in the Batasan Pambansa in Quezon City.

Members of the Regular Batasang Pambansa (RBP) were elected in 1984, this time at-large and per
province. The RBP held its inaugural session on July 23, 1984.

In 1986, President Marcos succumbed to international pressure and called for a snap presidential
election. Though Marcos and his running mate former Senator and Assemblyman Arturo Tolentino were
proclaimed by the Batasang Pambansa as the winners of the election, a popular revolt installed
opposition leaders Corazon C. Aquino and Salvador H. Laurel as President and Vice President,
respectively.

For both the IBP and RBP, the laws passed would be called “Batas Pambansa,” which did not continue
the previous numbering of Republic Acts.

THE FIFTH REPUBLIC, 1987 – PRESENT

On March 25, 1986, President Aquino declared a revolutionary government by virtue of Presidential
Proclamation No. 3, s. 1986, which suspended some provisions of the 1973 Constitution and
promulgated in its stead a transitory constitution. This effectively abolished the Batasang Pambansa. A
constitutional commission, tasked with drafting a new charter, was created by virtue of Proclamation
No. 9 issued on April 23, 1986.
Following the overwhelming ratification of the 1987 Constitution through a national plebiscite held on
February 2, 1987, the 1987 Constitution finally came into full force and effect on February 11, 1987. It
re-established a bicameral legislature, composed of the House of Representatives and the Senate, much
like the way it was before martial law. The former, being much larger in composition, reopened in the
Batasan Pambansa while the Senate, still with its 24 members, returned to the Legislative Building. In
1997, the Senate of the Philippines moved to the GSIS building where it is currently housed.

Laws passed by the bicameral legislature would restore “Republic Acts”, as the laws were named in the
Third Republic (1946-1972). Moreover, it was decided to maintain the old count, taking up where the
last pre-martial law Congress left off. Thus, the last Congress under the 1935 Constitution was the
seventh Congress, and the first Congress under the 1987 Constitution became the eighth Congress
"RULES" OR LAWS DETERMINE THE ANSWERS TO these questions. They are made by lawmakers in the
Philippine Legislature that is also called the Congress of the Philippines. Congress has two chambers or
houses - the House of Representatives and the Senate.

signboardLawmakers in the House of Representatives are called Representatives or


Congressmen/Congress-women. They are elected to a three-year term by voters in their respective
legislative districts. A Representative can serve for not more than three consecutive terms. There are
238 legislative districts in the country. You live in one of these districts along with about 250,000 other
people! There are 238 representatives elected by district. In addition, there are Representatives elected
through the party-list system who constitute not more than twenty percent (20%) of the total number of
Representatives.

thiefLawmakers in the Senate are called Senators who are elected at large or nationwide by qualified
voters to a six-year term. Senators can serve for not more than two consecutive terms. The Senate has
twenty-four (24) Senators.

To qualify for election as a Representative, you have to be a natural-born citizen of the Philippines, a
registered voter in the district in which you seek to be elected, a resident therein for not less than one
(1) year before the day of the election and at least twenty-five (25) years of age. To qualify for election
as a Senator, you also have to be a natural-born Filipino citizen, a registered voter, a resident of the
Philippines for at least two (2) years before the day of the election and at least thirty-five (35) years old.

drive a carOur Constitution provides that our Congress convenes for its regular session every year
beginning on the 4th Monday of July. A regular session can last until thirty days before the opening of its
next regular session in the succeeding year. The President may, however, call special sessions which are
usually held between regular sessions to handle emergencies or urgent matters.
YOUR HOUSE OF REPRESENTATIVES

THE SPEAKER LEADS, MANAGES AND PRESIDES over your House of Representatives. A majority of all the
Members of the House elects the Speaker. Those who voted for the Speaker belong to the Majority
while those who voted for the Speaker's opponent belong to the Minority. Representatives belonging to
the Majority choose the Majority Floor Leader who automatically chairs the Committee on Rules, and
those in the Minority choose the Minority Floor Leader.

The other officers of the House of Representatives are the fourteen (14) Deputy Speakers, the Secretary-
General and the Sergeant-at-Arms who are also elected by a majority of all the Representatives.

Committees, or small groups of Representatives, headed by committee chairpersons, study proposed


laws called bills, and other measures relating to issues and concerns affecting our lives, our communities
and our society. They conduct hearings that give us, citizens, opportunities to express our views on
proposed laws or measures. Employees of the House constituting Committee Secretariats provide the
committees with legislative support services such as research, report preparation, policy studies and the
like.

When you visit the House of Representatives, you may see your Representatives in action during
sessions or committee hearings. If you wish to speak with any one of them during sessions or hearings,
the Pages who assist and run errands for our representatives in the Session Hall and in our conference
rooms, can bring your notes and messages to the Representative you wish to speak with.

You may also send an email to your Representatives, attend or testify at committee hearings, or ask for
information about the legislative process or a specific bill. Your Representatives will appreciate hearing
from you because they know how important your views are in making good laws that effectively address
the welfare of our people.

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