REPORTING 1

WEEK 7
Article VI
LEGISLATIVE DEPERTMENT

Philippine Politics, Government, and

Citezenship
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, except to the extent
reserved to the people by the provision on initiative
and referendum.
WHAT IS LEGILATIVE
POWER?
Legislative Power

the power or competence of the legislature to enact,

ordain, alter, or modify, repeal, or abrogate existing
laws.

Legislative Functions:

Determination of the legislative policy and its

promulgation as a defined
Binding rule of conduct through the enactment of law.
 It refers to statutes which
are the written enactments
of the legislatures governing
the relations of the people
among themselves or
between them and the
government and its
agencies.
MEANING OF LAW
Four principal purposes of
law:
Establishing standards
Maintaining order
Resolving disputes, and
Protecting liberties and
rights.
FUNCTION OF LAW
PEOPLE'S INITIATIVE ON STATUTES
Legislative power is also vested in the people by the system of
initiative and referendum.

The power of initiative and referendum is the power of the people

directly to “propose and enact laws of approve or reject any act or
law or part thereof passed by the Congress or local legislative
body“ [Sec. 32, Art. VI]. The rovision is not self- -executing
Defensor-Santiago v. COMELEC, G.R. No. 127325 (1997)
 CLASSIFICATION OF POWER OF CONGRESS
General Legislative Power
It is the power to enact laws intended as rules of conduct to govern the relations among individuals
or between the individuals and the State.

Specific Powers
Powers which the Constitution expressly directs or authorizes Congress to exercise like the power
to choose who shll become PResident in case two or more candidates have an equal and highest
number of votes (Art. VII, Sec. 4, par 4)
to confirm certain appointments by the President (Ibid., Sec. 16)
to promote social justice (Art. XIII, Sec. 1.)
to seclare the existence of a state of war (Sec. 23[1].)
to impose taxes (Sec. 28[1].), to appropriate money (Art. 29[1].)
to impeach (Art. XI, Sec. 2.)
to act as a constituent assembly (Art. XVII, Sec. 1.)
 CLASSIFICATION OF POWER OF CONGRESS
Implied powers
They are those essential or necessary to the effective exercise of the power expressly granted, like
the power to conduct inquiry and investigation in aid of legislation (Sec. 21.)
to punish for contempt, to determine the rules of its proceedings (Sec. 16 [3].)

Inherent powers
They are the powers which are possessed and can be exercised by every government because
they exist as an attribute of sovereignty.
 SEPARATION OF POWERS

Three (3) Branches of Government:

Passes, changes, and House of

Legislative Branch repeals laws Representatives, Senate

Carries out laws, runs

Executive Branch President
government day to day

Interprets laws,
Judicial Branch Supreme Court
settles arguments
 CHECKS AND
BALANCES

Each of the three branches established in the separation

of powers has the power to check or control the powers
of the other branches.

These separations prohibit one branch of government

from becoming too powerful.
CHAMBERS OF
CHAMBERS OF CONGRESS,
CONGRESS, COMPOSITIONS,
COMPOSITIONS,AND
AND QUALIFICATIONS
QUALIFICATIONS

SENATE

24 Senators elected at large (Sec. 2, Art. VI)

COMPOSITION

Natural-born citizen
QUALIFICATION At least 35 years old on the day of the election
Able to read and write
A registered voter
Resident of the Philippines for at least 2 years
immediately preceding the day of the election.
(Sec. 3, Art. VI)
CHAMBERS OF
CHAMBERS OF CONGRESS,
CONGRESS, COMPOSITIONS,
COMPOSITIONS,AND
AND QUALIFICATIONS
QUALIFICATIONS

HOUSE OF REPRESENTATIVES

Not more than 250 members, unless otherwise

COMPOSITION provided by law, consisting of:
District Representatives
Party-list Representatives (Sec. 5, Art. VI)

Natural-born citizen
QUALIFICATION At least 25 years old on the day of the election
Able to read and write
A registered voter in the district he seeks to
represent
Resident of the Philippines for at least 1 year
immediately preceding the day of the election.
(Sec. 6, Arta VI)
 CHAMBERS OF
CHAMBERS OF CONGRESS,
CONGRESS, COMPOSITIONS,
COMPOSITIONS,AND
AND QUALIFICATIONS
QUALIFICATIONS

HOUSE OF
SENATE REPRESENTATIVE

TERM OF OFFICE 6 years (Sec. 4, Art. VI) 3 years (Sec. 7, Art. VI)

2 consecutive terms 3 consecutive terms

TERM LIMITS
(Sec. 4, Art. VI) (Sec. 7, Art. VI)
MEANING OF REGISTERED
VOTER AND RESIDENCE

REGISTERED VOTER
Has all the qualifications for a voter and
none of the disqualifications provided
by law and who has registered himself
in the list of voter.

RESIDENCE
The place where one has his true
permanent home and to which,
whenever absent, he has the intention
of returning.
 RESIDENCY REQUIREMENTS

01 02 03 04

RESIDENCE DOMICILE ACQUISITION REQUISITES

physical presence of a a place of habitual
person in a given area,
community, or country
OF DOMICILE TO CHANGE
residence. Bodily presence
Animus manendi DOMICILE
(intent to stay)
Actual change of
Animus non revertes
domicile
(no intent to return)
Bona fide intention
of abandoning the
former place of
origin and
establishing a new
one
 TWO TYPES OF MEMBER OF HOUSE OF REPRESENTATIVE

DISTRICT
REPRESENTATIVE
District employee or the governing board
acting within the limits of the district
representative's authority
Elected from legislative districts
appointed such as the provinces, cities,
and Metro Manila area
PARTY-LIST
REPRESENTATIVE
They shall constitute 20% of the total
number of representative, elected
through a party-list system of
registered national, regional, and
sectoral parties or organizations.
 HOUSE OF REPRESENTATIVES OFFICIALS
SPEAKER
One of the highest officials in the
Philippine government
MAJORITY LEADER
The Majority Leader is elected in a
party caucus of the majority ruling
party. His primary function, aside from
being the spokesman of the majority
party, is to direct the deliberations on
the floor.
DEPUTY SPEAKER
Assumes the duties and powers of the
Speaker when he is absent or incapacitated
MINOR LEADER
The Minority Leader is the acknowledged
spokesman of the minority party in the
House. But it does not necessarily follow
that he is also the leader of the party
because the minority party in the House
may be composed of one or more political
groupings.
 HOUSE OF REPRESENTATIVES OFFICIALS
SECRETARY GENERAL
Carries out and enforces orders and decisions of the House;
Keeps the Journal of each session;
Notes all questions of order together with the decisions thereon;
Completes the printing and distribution of the Records of the House;
Submits to the Speaker all contracts and agreements for his approval;
Acts as the custodian of the property and records of the House and all other
government property in its premises;
Subject to the supervision and control of the Speaker, the Secretary General
is the immediate chief of the personnel of the House and is responsible for
the faithful and proper performance of their official duties
 HOUSE OF REPRESENTATIVES OFFICIALS

SERGEANT-AT-ARMS
Maintains order in the House of Representatives Building
Complex;
Enforces House Rules;
Protects the lives of Officers and Members of the House, its
personnel and guests as well as properties found therein.
 KINDS OF ELECTION FOR MEMBERS OF CONGRESS
REGULAR ELECTION
Unless otherwise provided by law,
the regular election of the Senators
and the Members of the House of
Representatives shall be held on the
second Monday of May under the
Section 8 Article VI
SPECIAL ELECTION
In case of vacancy in the Senate or in
the House of Representative, a special
election may be called to full such
vacancy in the manner prescribed by
law, but the Senator or Member of the
House of Representatives thus elected
shall serve only for the unexpired
terms under Section 9 Article VI
 LEGISTATIVE PRIVILEGES , INHIBITIONS, AND
DISQUALIFICATION

1. PRIVILEGES 2. INHIBITIONS AND

DISQUALIFICATION

3. DUTY TO DISCLOSE
 THREE PARTS OF PRIVILGES

PRIVILEGES 1. SALARIES
2. FREEDOM AND ARREST
3. SPEECH AND DEBATE

It guarantees the legislator complete

freedom of expression without fear of
being made responsible in criminal or
civil actions before the courts or any
other forum outside of the
SALARIES
Congressional hall.
Section 10, Article 11
salaries of Senator and Members of
the House of Representative
 FREEDOM FROM ARREST
Section 11, Article VI
offenses punishable by not more than
six years imprisonment

SPEECH AND DEBATE CLAUSE

Section 11, Article VI
This privilege is intended to insure
representation of the constituents by
the members of Congress.
 2. INHIBITIONS AND
Disqualifications
a. Members of Congress may not hold any other
office or employment in the government during
their term without forfeiting their seat. (Sec. 13,
Art. VI)

b. Members of Congress may not be appointed to

any office created or where emoluments were
increased during the term for which they were
elected. (Sec. 13, Art. VI)
c. Members of Congress are prohibited
from personally appearing as counsel
before any court, electoral tribunal,
quasi-judicial, and administrative bodies
during their term. (Sec. 14, Art. VI)

This rule aims to eliminate any

potential for influence on the judges
or members of these bodies, who
might be influenced in their decisions
by the prospect of future
appointments to higher positions.
d. Prohibited from being financially involved, directly or indirectly, in any
contract with, or franchise or special privilege granted by the government
during their term of office. (Sec. 14, Art. VI)

e. Are not allowed to intervene in any matter before any office of the
government when it is for his pecuniary benefit or where he may be called
upon to act on account of his office. (Sec. 14, Art. VI)

The Pork Barrel System violates Section 14, Article VI of the constitution
because it allows legislators to intervene in various phases of project
implementation, which involves matters before other government offices,
thus exposing them to potential misuse of their office for personal gain.
 3. DUTY TO DISCLOSE
a. Financial and Business Interests; Potential
Conflicts of Interest
Sec. 12. Art. VI.

Upon assuming office, all Members of the

Senate and the House of Representatives are
required to make a complete disclosure of
their financial and business interests.
They are obligated to inform the concerned
House of any potential conflict of interest that
may arise from their involvement in
proposed legislation, of which they are
authors.
b. SALN
Sec. 17, Art. XI.

Upon assuming office and as frequently as

mandated by law thereafter, a public officer
or employee must submit a sworn
declaration of their assets, liabilities, and net
worth.

For high-ranking officials including the

President, Vice-President, Cabinet Members,
Congress, Supreme Court, Constitutional
Commissions, other constitutional offices,
and officers of the armed forces with
general or flag rank, their asset declarations
must be made public as stipulated by law.
c. Amount paid to/express incurred by each member
Sec. 20. Art. VI.

The records and books of accounts of the Congress are

required to be preserved and accessible to the public as per
the provisions of the law.
These records shall be subject to audit by the Commission
on Audit.
The Commission on Audit is responsible for publishing an
annual itemized list of amounts paid to and expenses
incurred for each Member of Congress.
 SESSION of
CONGRESS
Sec. 15, Art. VI
Congress is mandated to convene once every year
on the fourth Monday of July for its regular session,
unless another date is prescribed by law.
The regular session shall continue for a duration
determined by Congress, ending no later than thirty
days before the start of the next regular session,
excluding Saturdays, Sundays, and legal holidays.
The President has the authority to call for a special
session of Congress at any time.
REGULAR SESSIONS - EXCLUDED:
Saturdays, Sundays, and Legal Holidays

SPECIAL SESSIONS:
Urgernt, and National Concern

EXECUTIVE SESSIONS:
Secret or close door sessions
QUORUM
QUORUM AND
AND VOTING
VOTING MAJORITIES
MAJORITIES
QUORUM AND VOTING MAJORITIES
1. Quorum
Sec. 16, Art. VI
(2) A majority of each House shall constitute a
quorum to do business, but a smaller number may
adjourn from day to day and may compel the
attendance of absent Members in such manner, and
under such penalties, as such House may provide

Members who are outside the country, beyond

the jurisdiction of each House's coercive powers,
are not included in the computation of a
quorum.
QUORUM
The required number of members of each
house to be present in order to transact
business during its regular or special
session

Rule:
No law can be passed or a
legislative function discharged unless the
quorum is reached
2. Voting Majorities
Doctrine of Shifting Majority
For each House of Congress to pass a bill, only the
votes of the majority of those present in the session,
there being quorum, is required.

Exceptions to Doctrine of Shifting Majority

A. Votes where requirement is based on "ALL THE
MEMBERS OF CONGRESS": requirement is based on
the entire composition of a House or Congress (in
its entirety), regardless of the number of Members
present or absent.
 CEP T I O N S T O
EX hifting Majority
DoctrfS
ine o f
 VOTERS REQUIRED
HOUSE VOTING BASIS
ACTION (ALL
MEMBERS)

Senate shall elect its Separately; All respective

President and the Speaker Majority members Sec. 16 (1), Art. VI
of the House

Punish for disorderly Separately; All respective

behavior and may 2/3 members Sec. 16 (3), Art. VI
SUSPEND or EXPEL

Separately (House where the

Override Presidential Veto 2/3 Sec. 27 (1), Art. VI
bill originated votes first)

Grant Tax Exemptions Majority Silent Sec. 28 (4), Art. VII

Elect President in case of tie Majority Separately Sec. 4 (5), Art. VII
 VOTERS
REQUIRED HOUSE VOTING BASIS
ACTION
(ALL
MEMBERS)

Separately
Confirm appointment of VP Majority Sec. 9, Art. VII

Congress affirming that the

Congress
President is unable to discharge 2/3 Sec. 11, Art. VII
powers and duties

Revoke or extend (a) Martial Law or

(b) the suspension of the privilege of Majority Jointly Sec. 18, Art. VII
the writ of Habeas Corpus

Amnesty Grant Majority Silent Sec. 19 (2), Art. VII

 VOTERS
REQUIRED HOUSE VOTING BASIS
ACTION
(ALL
MEMBERS)

Submit a question of calling a

Constitutional Convention to the Majority Sec. 3, Art. XVII
electorate
(Silent) Prevailing
Call for Constitutional view: by default, Sec. 3, Art. XVII
2/3
Convention houses vote
separately

Propose amendment as
3/4 Sec. 1 (1), Art. XVII
Constitutional Assembly
B. OTHER CASES (NOT OUT OF ALL MEMBERS)
VOTERS REQUIRED
BASIS
ACTION (ALL
MEMBERS)

2/3 of both houses, voting

Determin President's disability Sec. 11 (4), Art. VII
separately

2/3 of both houses (in joint

Declaring a State of War Sec. 23 (1), Art. VI
session) voting separately

Validity of Treaty/International
2/3 members of SENATE Sec. 21, Art. VII
Agreement
OFFICERS OF CONGRESS
1. Congress elects the Senate President and Speaker of the House of
Representatives by a majority vote of all respective members. These positions are
held at the pleasure of the members of both houses.

2. Each House is authorized to choose such other officers as it may deem

necessary (Sec. 16 [1]), such as a Senate President/Speaker Pro-tempore, a floor
leader, a secretary, a sergeant-at-arms, a disturbing officer, technical assistants,
etc. The rules of the present House of Representatives provide for the election of
four (4) Deputy Speakers (in place of one (1) Speaker Pro-Tempore), two (2) for
Luzon, one (1) each for Visayas and Mindanao, a majority floor leader, and a
minority floor leader.
 MEANING AND FUNCTION
Rules of Procedure
OF
These are the rules made by any legislative body to regulate the mode and manner of
conducting its business. They are intended for the orderly and proper disposition of
the matters before it. Thus, the procedure and rules to be observed in its deliberations;
election of officers; penalties to be imposed upon erring members; and many other
kindred matters, are proper subjects of the rules of procedure.

Legislative rules of procedure govern a legislative body's conduct.

They ensure orderliness and efficiency.
Cover procedures for deliberations, officer elections, and penalties for misconduct.
Essential for effective legislative functioning.
 LEGISLATIVE
JOURNAL
Official record of what is done and
passed in a legislative assembly. It is
so-called because the proceedings are
entered therein in chronological Legislative
Journal
order as they occur from day to day.
 DISCIPLINE
OF MEMBERS
Each legislative house can determine its
procedural rules, discipline members for
disorderly behavior, and, with a two-
thirds majority vote, suspend or expel a
member.
Suspension penalties are limited to a
maximum of sixty days.
These provisions are outlined in Section
16 (3), Article VI.
Thank you!