PHILIPPINE POLITICS AND GOVERNANCE
THE LEGISLATIVE BRANCH
Legislative Body
- First body of government established in 1987 Constitution, under Article VI.
- The Philippines is utilizing Bicameral Congress (Upper and Lower House) with the
Senate as the upper house, and the house of representatives as the lower house.
- The Congress is the repository of the legislative power.
Legislative Power
- Is the competence of the legislative body to propose, enact, ordain, alter, modify, or
repeal laws; Hence, it is synonymous to law-making power.
Law – According to Sanchez Roman “is a rule of conduct, just, obligatory, promulgated
by the competent authority for the common good of a people or a nation, which
constitutes an obligatory rule of conduct for all its member.
Section 1, Article 6
- 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.
Composition of the Congress
SENATE HOUSE OF REPRESENTATIVES
Composition 24 250 (unless otherwise fixed by law)
Manner of Election Elected at Large (or By district proportional
nationwide) by qualified representation and by party-list
voters system
Term of Office 6 years 3 years
Maximum Term of 2 consecutive terms 3 consecutive terms
Office
Qualification of Members
SENATE HOUSE OF REPRESENTATIVES
At least 35 years old. At least 25 years old.
Registered Voter. Registered Voter in the district (except in
the party-list).
Able to read and write. Able to read and write.
Natural-born citizen. Natural-born citizen.
Resident of the Philippines for not less than Resident of the district for not less than a
two years. year.
Two Types of Legislation
National – This is exercisable by the Congress and the People (through Initiative or
Referendum).
For more information See: RA 6735 entitled An Act Providing for a system of
Initiative and Referendum and Appropriating Funds Therefore.
Local – This is exercisable by Sanggunian (Panlalawigan, Panglungsod, Bayan).
For more information See: Local Government Code & Article X of 1987
Constitution
Scope and Limitations (Substantive)
2 Types of Limitations
1. Substantive Limitations
o Limitation on the Content of Laws
o Can be:
Expressed – explicitly stated in the constitution
Implied – Principles used by the Supreme Court to nullify acts of the
Congress.
Expressed Substantive Limitations
o Article III
Sec 4, Sec 5, Sec 7, Sec8, Sec 10, Sec 19, Sec 20, Sec 21, Sec 22
o Article VI
Sec 24 p 1, Sec 25 p 2, Sec 25 p 4, Sec 25 p 5, Sec 30, Sec 31
Implied Substantive Limitations
o Prohibition Against Irrepealable Laws
Laws can be changed.
o Principle of Non-delegability of Legislative Power
In Latin Delegata non delegari potest (what has been delegated,
cannot be delegated)
Exceptions:
1. Tariff powers to the President
2. Emergency powers to the President
3. Delegation to the people at large
4. Delegation to LG
5. Delegation to Admin Body
2. Procedural Limitations
o Imposed under the Constitution regarding the process of making laws.
o Cannot go beyond or shorten the process of lawmaking
Powers and Functions of the Congress
Checks on the Powers of the President:
o Check the President’s power to appropriate funds for government use
(Article VI, Section 25).
o Provide consent on appointments made by the President (Article VII, Section
16).
o Request heads od executive departments to appear before the congress
(Articl3 VI, Section 22)
o Check the President’s power as Commander-in-Chief in the suspension of
writ of habeas corpus or declaration of martial law (Article VII, Section 17)
o Concur with president in granting amnesty to individuals (Article VV, Section
19)
With respect to international relations, the Congress also exercises functions known
as Diplomatic Powers. The Following are good examples:
o Declaration of the existence of a state of ware [Article VI, Section 23(1)]
o Granting of emergency powers to the President in times of war or emergency
[Article VI, Section 23(2)]
o 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)
The Lawmaking Process and Legislative Performance
2 Main Documents: Bills Resolutions
Resolutions – Convey principles and sentiments of the Senate or the House of
Representatives. These resolutions can further be divided into three different
elements:
o Joint Resolutions
o Concurrent Resolutions
o Simple Resolutions
Bills – Are the laws in the making.
Other Roles of the Philippine Congress
Initiate investigations into matters of public concern.
Call on government officers and citizens to appear before legislative committees if
needed.
Approval of appropriation of the National budget.
General Appropriations Act (for specific fiscal year)
National Board of Canvassers (during Presidential and VP elections)
Commission on Appointments
Initiation of impeachment cases starts within the House of Representatives.
