Professional Documents
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The lawmakers in the Philippine legislature create these rules or laws. In this module, you will learn
about the organization of the legislative branch; how policies are created in relation to legal and
political dynamics; and the several issues, challenges, and prospects that law-making and exercise
of legislative powers entail.
BIG IDEA: The policies needed to address issues such as poverty, welfare,
economic development, criminality, social justice, human rights, and many others are usually in the
form of laws created by a state’s legislature.
Legislative Power
You have learned that under the principle of separation of powers, the three branches of
government exercise powers independent of each other. The legislative branch creates the laws
which the executive implements and which the judiciary interprets. This is known as the legislative
power. Article VI, Section 1 of the 1987 Constitution provides that the power to enact laws is
vested in the Philippine Congress (comprised of the Senate and the House of Representatives),
except when this power is reserved to the people through initiative and referendum (discussed in
module 12)
Reflect Upon
What would a society be like if there were no rules enacted by a body like the legislature?
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2. What are the qualifications of the members of each house of the Congress?
BIG IDEA: While the Congress is granted the power to enact laws, there are
mechanisms by which its exercise of power can be checked. This is, of course, guided by the
principle of checks and balances.
The members of the Congress shall be the only judge of all contests related to the election,
returns, and qualification of their respective members, through the House and Senate Electoral
Tribunals. The Senate shall also have the sole power to decide on all cases of impeachment by
two-thirds votes. The Congress may also punish its members for disorderly behavior (Article VI,
Section 16). With respect to international relations, the Congress also exercises functions known
as diplomatic powers. The following are good examples:
• Declaration of the existence of a state of war [Article VI, Section 23(1)]
• Granting of emergency powers to the President in times of war or emergency [Article VI, Section
23(2)]
• No treaty or international agreement shall be valid and effective unless concurred in by at least
two-thirds of all the members of the Senate (Article VII, Section 21).
What other powers does the Congress possess? Share them with the class.
REFLECT UPON: Rules and policies are important in the proper and orderly
functioning of a society. The legislature becomes important in this regard. How about in your
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family? Who creates rules? What are some of these rules? Do you think it is necessary to follow
these rules?
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BIG IDEA: A bill is known as a proposed law. It can originate from either house of
the Philippine Congress.
BiG IDEA: Since the country is under a system known as bicameralism, a bill
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that originates from and is considered in one house shall be transmitted to and likewise be
discussed in the other chamber.
If the president approves the bill, the same is assigned an RA (Republic Act) number and is then
transmitted to the House where it originated. Afterward, copies of the bill are reproduced and sent
to the office of the Official Gazette for publication and distribution to the implementing agencies.
Finally, it will be included in the annual compilation of Acts and Resolutions.
If the bill is vetoed, it is transmitted to the House where it originated together with the message of
the president citing the reason for the bill’s disapproval. The Congress may decide to override the
veto of the president. If two-thirds of the members in each house vote to override the veto, then the
bill becomes a law.
What Have
REFLECT UPON: Try to imagine the Philippine executive and legislative not being
able to settle their differences as to policy making. What impacts would it have on the lives of
ordinary people?
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Observers note that the Philippine Congress is still dominated by socioeconomic and political
elites. This observation suggests whether the country’s democracy is in practice or
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not, given that the Congress is composed of individuals who seem to come from a specific stratum.
While it is true that the 1987 Constitution does not provide for educational, property, and wealth
qualifications, political realities point to the idea that elections in the country are expensive and
often, only those who have enough financial resources run for public office. Similarly, the
Congress’s composition points to another equally important question on representativeness—that
there is a wide gap in social class, power, and wealth between the officials and their constituents.
This raises questions if the elected officials really are able to represent the interests of the people
who do not belong to the same social class as theirs. It is a reality in the country that the interests
of the dominant class prevail and that the Congress is composed of exclusivist political elite. The
party-list system is a mechanism through which minorities get the chance to be elected. Laws, in
this case, are expected to reflect the interests of the minorities.
As in the executive, the legislature is built around personality-oriented political parties. Rather than
being founded on platforms-based stands, the parties that comprise the Congress are non-
ideological. This will be elaborated in module 10 of unit 2. The Congress also still suffers from
particularistic, family-dominated practices. Observers also note the presence of “Kamag-anak, Inc.”
in the Congress, given the existence of political dynasties, if not political families.
Nonetheless, it is important to note as well that the Philippine Congress has served as an arena
and actor in the restoration, and later on, consolidation of democracy. While the Congress has
managed to create laws that address socioeconomic and political problems of the country, there
still remains to be a huge concern about how—at a fast pace—could the government addresses
poverty, underdevelopment, corruption, improvement of the quality of education, health services,
among many others. This points to another institutional or structural concern. Some believe that
the bicameral feature is contributory to the slow pace of law-making. Does this then necessitate a
change from presidential/bicameral/congressional to parliamentary system? What do you think?
Well, this remains to be one of the biggest prospects on the legislature’s future.
Essential Learning
Under a presidential system of government, the three branches of the government exercise
separate powers from each other. You have learned that it is in the Philippine Congress where
the power to create or enact laws and policies are vested. Important issues like poverty,
criminality, welfare, social equality, and economic development are addressed through these
laws or policies. Thus, the Congress plays an important role in the socioeconomic and political
developments of the country. It is important to take note that executive-legislative relations also
affect the quality of legislation. The structure and composition of the Congress also has a
definite role to play in this prospect. The issues of patronage, presence of political dynasties,
and exclusivist character haunt the Philippine legislature. The restored Philippine Congress
Day 4 Modular- Learning
following EDSA People Power in 1986 is faced with several challenges, including the prospect
of institutional reform. Nonetheless, reform in the Philippine legislature is not only a concern of
the said body but also of the different branches of the government and the civil society.
FORMATIVE ASSESSMENT:
A. KNOWLEDGE
INSTRUCTION:
MATCHING TYPE. Match the items in Column A with items in Column B.
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A B
1. Introduction of the proposed bill in Congress. a. Senate of the Philippines
9. Way to remove the president, vice president, i. Amendment to or Revision of the constitution
members of the Supreme court, members of the
constitutional commissions, and the
Ombudsman.
k. Philippine President
B. CRITICAL THINKING
Congratulations!
You have completed this
module.
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References:
POLITICS WITHOUT BORDERS (philippine politics and governance)
DIANA J. MENDOZA/ MA. LOURDES F. MELEGRITO
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