THE LEGISLATIVE BRANCH
- The functions and responsibilities of the Philippine
Senate and the House of Representatives
- Assess the performance of the Philippine Congress
- Defend a position or advocacy legislative
THE BRANCHES OF PHILIPPINE GOVERNMENT
BRANCHES OF
GOVERNMENT
LEGISLATIVE EXECUTIVE JUDICIARY
PRINCIPLE OF SEPARATION OF
POWERS
- Each government branch is not
permitted to encroach upon the powers
confided to others. The arbitrary rule
will result if the same body is to
exercise all the powers of the
government.
PRINCIPLE OF CHECKS AND BALANCES
Authorizing a considerable amount of encroachment
or checking by one branch in the affairs of the
others. Each branch is given certain powers with
which to check the others.
- President may disapprove bills enacted by
Congress.
- Congress may reject appointments by the
President.
- Judiciary may declare unconstitutional laws passed
by the Congress.
EXECUTIVE ORDER NO. 464
September 26, 2005
- This is to implement the Constitutional provisions on the separation of powers
between co equal branches of the government, all heads of departments of the
Executive Branch of the Government shall secure the consent of the President before
appearing before either House of Congress.
Supreme Court Ruling on E.O 464
Congress undoubtedly has a right to information from the executive branch whenever it
is sought in aid of legislation. If the executive branch withholds such information on the
ground that it is privileged, it must so assert it and state the reason therefore and why it
must be respected.
The infirm provisions of E.O. 464, however, allow the executive branch to evade
congressional requests for information without the need of explicitly asserting a right to
do so and proffering its reasons therefor. By the mere expedient of invoking said
provisions, the power of Congress to conduct inquiries in aid of legislation is frustrated.
That is impermissible.
Executive Privilege covers all confidential or classified
information between the President and the Public
Officers, including:
1.Military, diplomatic and other national security
matters which in the interest of national security
should not be divulged.
2.Information between inter-government agencies
prior to the conclusion of treaties and executive
agreements.
3.Discussion in closed-door Cabinet meetings
4.Matters affecting national security and public order
Article VI- Legislative Department
• 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.
Legislative Power refers to power to make laws, and subsequently to
alter and repeal the.
• Section 2
The Senate shall be composed of twenty-four Senators.
• Section 3
No person shall be a Senator unless he is a natural-born citizen of the
Philippines and on the day of the election, is at least, thirty-five years of
age, able to read and write, a registered voter, and a resident of the
Philippines for not less than two years immediately preceding the day of the
election.
Section 4
The term of office of the Senators shall be six years… No senator shall serve for
more than two consecutive terms. Voluntary renunciation of the 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.
Section 5
The House of Representatives – shall be composed of not more than two hundred
and fifty members… who shall be elected from legislative districts.
the Party-List representatives shall constitute twenty per centum of the total
number of representatives…labor, peasant, urban poor, indigenous cultural communities,
women, youth and such other sectors as may be provided by law.
Two Kinds of members of House of Representatives:
1. District Representative – elected directly and personally from the territorial unit he is
seeking to represent.
2. Party-List Representative – chosen indirectly, through the party he represents, which is
the one voted for by the electorate. This is to give an opportunity to marginalized
sectors to have their voices heard.
Section 6.
No person shall be a Member of the House of Representatives unless he is a
natural-born citizen of the Philippines and on the day of the election, is at least, twenty-
five years of age, able to read and write, and except for the party-list representatives, a
registered voter in the district in which he shall be elected, and a resident thereof for a
period of not less than one year immediately preceding the day of the election.
Section 7
The Members of the House of Representatives shall be elected for a term of three
years. No member of the House of Representatives shall serve for more than three
consecutive terms.
Section 11.
A senator or Member of the House of Representatives shall, in all offenses
punishable by not more than six years imprisonment, be privileged from arrest while the
Congress is in session. No member shall be questions nor be held liable in any other
place for any speech or debate in the Congress or in any committee thereof.
Section 13
No Senator or Member of the House of Representatives may hold any other office
or employment in the Government…during his term without forfeiting his seat. Neither
shall he be appointed to any office which may have been created nor the emoluments
thereof increased during the term for which he was elected.
• Incompatible office
The office which is not held by a member of a Congress outside the legislative
department. There is a need for members to devote their time and attention to the
discharge of their legal responsibilities.
• Forbidden office
The office which a member of a Congress may not be a beneficiary because of
being a participant when said the office was created. Hence,a member of Congress shall
not be eligible for appointment to such office even if he resigns.
Section 15. The Congress shall convene once every year on the fourth Monday of July
for its regular session, and shall continue to be in session for such number of days as it
may determine until thirty days before the opening of its next regular session, exclusive
of Saturdays, Sundays and legal holidays. The President may call a special session at any
time.
