POLITICAL LAW
system of registered national, regional, and sectoral parties or
LEGISLATIVE POWERS
- The authority under the Constitution to make, alter, and
repeal laws.
- The legislative power is vested in a bicameral body, the
Congress of the Philippines, which is composed of two
houses -- the Senate and the House Representatives. The
Congress of the Philippines is the country's highest
lawmaking body.
- The Legislative Branch enacts legislation, confirms or rejects
Presidential appointments, and has the authority to declare
war.
- Article VI, Section 1: “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 for the people by the provision on initiative
and referendum.”
Bicameralism
- A bicameral legislature has legislators in two separate
assemblies, chambers, or houses.
- PH CONTEXT: Having double legislative chambers = Senate
and House of Representatives
Advantages
• A 2nd chamber is necessary for a more careful legislation
• Training ground for future leaders
• Representation for both regional and national interests
• Less susceptible to bribery
• Traditional form = tested and proven
Disadvantages
• Not worked out as an effective "fiscalizing"
• No assurance of better legislation
• Produces duplication of efforts and serious deadlocks
• More expensive to maintain
• Only wealthy individuals get to make it
Senate
upper chamber
Composition of the Senate
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.
• 24 Senators who are elected at-large with the country as
one district under plurality-at-large voting.
o Election held on 2nd Monday of May
• Term of office shall be 6 years and shall commence noon on
June 30 (cannot be changed).
By providing for a membership elected at large by the entire
electorate, this rule intends to make the Senate a training ground for
national leaders and possibly a springboard to the Presidency.
• Will have a broader outlook for the problems of the country
instead of being restricted by parochial viewpoints and
narrow interests.
Qualifications
1. a natural-born citizen of the Philippines;
2. at least thirty-five years old;
è The age qualification is fixed at 35 and must be
possessed on the day of elections, that, when the polls
are opened and the votes are cast and not on the day
of the proclamation of the winners.
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.
è Domicile or legal residence
è Aminus Manendi – the place a party actually or
constructively has his permanent home, where he, no
matter where he may be found at any given time,
eventually intends to return and remain.
Term of Office
Senators serve six-year terms with a maximum of two consecutive
terms, with half of the senators elected every three years to ensure that
the Senate is maintained as a continuous body, though staggered.
House of Representatives
lower chamber
The House of Representatives has power to impeach certain officials
and all money bills must originate from the lower house. Batasang
Pambansa is the official headquarters.
Composition of the House of Representatives
The House of Representatives is composed of about 250 members
(unless otherwise fixed by law), 20 percent of whom must be Party-list
representatives elected from legislative districts in the provinces, cities,
and municipalities, and representatives elected through a party-list
organizations.
Composed of not more than 250 members, also known as the
representative (formal) or congressmen (informal)
• Elected from legislative and congressional districts and
through a party-list system
There are two types of congressmen: the district and the sectoral
representatives.
District Congressmen
- Elected directly and personally, from territorial unit he is
seeking to represent.
- represent a particular congressional district of the country.
All provinces in the country are composed of at least one
congressional district.
Party-list Congressmen
- chosen indirectly, through the party he represents, which is
the one voted for by the electorate.
- represent the minority sectors of the population. This enables
these minority groups to be represented in the Congress,
when they would otherwise not be represented properly
through district representation.
- Also known as party-list representatives, sectoral
congressmen represent labor unions, rights groups, and
other organizations.
Qualifications
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.
Term of Office
1. Each member of the House shall be elected for a term of
three (3) years which shall commence (unless otherwise
provided for by law) at noon on 30 June next following their
election.
2. Voluntary renunciation of 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.
Term limits: 3 consecutive terms (9 years)
Length of term: 3 years
• 3 years = noon on 30th day
Term Limitations: No member of the House of Representatives shall
serve for more than three (3) consecutive terms
A. The District Representatives / Sectoral Representatives
• Two hundred members were originally provided for in the
House of Representatives to be directly elected from the
various legislative district created by the Ordinance
appended to the 1987 Constitution.
• The territory was divided into thirteen regions, in turn
comprising two hundred districts apportioned among the
provinces, cities and Metro Manila in accordance with the
number of their respective inhabitants and on the basis of a
uniform and progressive ratio.
It allows representatives from local sectoral groups especially those
belonging to the marginalized to be elected as members of the local
sanggunians and participate in local legislation or policy-making
process. It intends to expand the composition of local sanggunians by
democratizing electoral and political opportunities in consonance
with the social justice provisions of the Constitution.
è 20% total representation
è No single party must hold 3+ party-lost seats
è Non-traditional political parties
o Greater participation of the marginalized
o Represent the voiceless
è Social justice mechanism and healthy democracy
è After 3 consecutive terms = win seats in the House of
Representatives
B. Party-list Representatives
• The part representatives shall constitute 20% of the total
membership of the body, including such representatives.
• R.A 7941 Section 2: The party-list system is a mechanism of
proportional representation in the election of
representatives to the House of Representatives from
national, regional and sectoral parties or organizations or
coalitions thereof which will enable Filipino citizens
belonging to the marginalized and underrepresented
sectors, organization and parties, and who lack well defined
political constituencies but who could contribute to the
© Abby Macalaguim – 1LM2
 formulation and enactment of appropriate legislation that
will benefit the nations as a whole.
The party-list system (PLS) is the major innovation in the 1998 elections.
In the long run, it is the best hope for the transformation of the trapo
system into one with more programmatic parties, more responsive
than at present to the needs and concerns of the majority of the
people—the workers, farmers, and fishermen. It holds out the prospect
that marginalized groups will have a chance for substantial
representation in the legislature that they seldom have today.
è broadest possible representation of all interests
è Various sectors of society should be heard
è Usually from elite social classes
è Voted at large by the people
Party-List Representative vs District Representative
Party-list representatives are considered elected Members of the
House and as such, entitled to the same deliberative rights, salaries,
and emoluments as the regular Members of the House of
representatives. They shall serve for a term of three (3) years with a
maximum of three (3) consecutive terms.
BILL
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.
- A bill is a draft of law.
- Submitted to consider its adoption to the legislative body
Presidential Veto
- The President of the Philippines may refuse to sign a bill,
sending the bill back to the house where it originated along
with his objections. Congress can override the veto via a
two-thirds vote with both houses voting separately, after
which the bill becomes law.
- The president may also veto specific provisions on money
bills without affecting other provisions on the same bill.
- The president cannot veto a bill due to inaction; once the
bill has been received by the president, the chief executive
has thirty days to veto the bill. Once the thirty-day period
expires, the bill becomes law as if the president had signed
it.
Step to turn a Bill into a Law:
1. After a bill is prepared, it is filed with the Office of the
Secretary of the Senate or the House, as the case may be,
where it is given its corresponding number and calendared
for FIRST READING;
2. . During the First Reading, its title, bill number and author’s
name are read on the floor; after which it is referred to the
proper committee;
3. The Committee conducts hearings and consultation
meetings. During this period, the committee may either (a)
approve the bill without amendment (b) approve it with
changes, or (c) recommend a substitute bill or consolidate
the bill with similar bills that are filed;
4. The Committee Report with its approved bill is prepared and
submitted to the Committee on Rules to be calendared for
the SECOND READING;
5. During the SECOND READING, the author of the bill delivers
his sponsorship speech on the floor where members of the
Senate or the House, as the case may be, engages in
debate, interpellation and rebuttal to highlight the pros and
cons of the bill. Thereafter, a period of amendment is
allowed to incorporate necessary changes to the bill
proposed by the committee or by the members. The
members then vote on the second reading version of the
bill. If approved, the bill is calendared for THIRD READING;
6. On the Third Reading, printed copies of the bill’s final version
are distributed to the members. This time, only the title of the
bill is read on the floor. Nominal voting is held. If passed, the
approved bill is referred to the House or the Senate, as the
case may be, for concurrence;
7. The Senate or the House where the approved bill is referred
follows the same procedure by conducting First, Second
and Third Readings on the bill.
8. Thereafter, should it be necessary, a CONFERENCE
COMMITTEE is constituted composed of members from each
House of Congress to settle, reconcile or thresh out
differences or disagreements on any provision of the bill. The
Committee members may introduce new provisions
germane to the subject matter or report out an entirely new
bill on the subject. The Committee then prepares its report
to be signed by all the members and the Chairman. The
Conference Committee Report is then submitted for
consideration/approval of both Houses. No amendment is
allowed.
9. Copies of the bill, signed by the Senate President and
Speaker of the House of Representative, certified by
Secretaries of both Houses, are transmitted to the President.
10. The President may: a. Approve the bill by signing it. The bill is
then assigned a Republic Act (RA) number and transmitted
to the House where it originated; b. Veto the bill, in which
case the President sends a message citing the reason for the
veto and transmits the bill to the House where it originated.
11. The approved bill is reproduced and copies are sent to the
Official Gazette Office for publication and distribution to the
implementing agencies;
12. For the vetoed bill, the message of the President is included
in the Order of Business. If 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
the vetoes item/s is passed by a vote of two-thirds of the
members of each House, such bill shall become a law.
Bills that must originate from the House of Representatives
SECTION 24. All appropriation, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and private bills
shall originate exclusively in the House of Representatives, but the
Senate may propose or concur with amendments.
CODE: A R T Pu Lo P
1. Appropriation bills
2. Revenue bills
3. Tariff bills
4. Bills authorizing the increase of public debt
5. Bills of local application
6. Private bills
Note: The Senate may, however, propose or concur with
amendments.
Appropriation bills
• The primary and specific aim of an appropriation bill is to
appropriate a sum of money from the public treasury.
• Thus, a bill enacting the budget is an appropriations bill.
• BUT: A bill creating a new office, and appropriating funds
therefor is NOT an appropriation bill.
Revenue Bill
• A revenue bill is one specifically designed to raise money or
revenue through imposition or levy.
• Thus, a bill introducing a new tax is a revenue bill, but a
provision in, for instance, the Videogram Regulatory Board
law imposing a tax on video rentals does not make the law
a revenue bill.
Bills of local application
• A bill of local application, such as one asking for the
conversion of a municipality into a city, is deemed to have
originated from the House provided that the bill of the House
was filed prior to the filing of the bill in the Senate even if, in
the end, the Senate approved its own version.
• Local/municipal concerns
• Creating/changing name
Tariff Bills
• A tariff is a tax imposed by one country on the goods and
services imported from another country.
• Imposing customs duties for revenue purposes
Bills authorizing the Increase of Public Debt
• increasing the debt allows government leaders to increase
spending without raising taxes. Investors usually measure the
level of risk by comparing debt to a country's total economic
output, known as gross domestic product (GDP). The debt-
to-GDP ratio gives an indication of how likely the country
can pay off its debt.
• Creates public indebtedness
• Issuance of bonds and forms of obligations from taxation
Private Bill
• Private interest = granting franchise/ corp.
• Compensate personal damages wherein the gov’t is liable
• a congressional or parliamentary bill involving the private
interests of a particular individual, corporation, or local unit.
© Abby Macalaguim – 1LM2