The Legislative

PHILIPPINE POLITICS AND GOVERNMENT

 LEGISLATIVE DEPARTMENT

Art. 7, Sec 1. The Legislative power shall be vested

in congress of the Philippines which shall consist of
a senate and a house of representatives, except to
the reserved to the people by the provision on
initiative and referendum.
 WAYS OF MAKING LAWS
The Congress of the Philippines makes laws of
the Republic
The people may directly propose and enact laws
or approve and reject them by means of initiative
and referendum
 SCOPE AND CLASSIFICATION OF
THE POWERS OF CONGRESS
 General Legislative Power
 This power refers to the overall authority to enact laws for the people and
the senate, unless the constitution itself limits the subject matter on which it
may be legislate.
 The power to write, amend, or revised laws is vested on Congress.
 Congress can make laws as inasmuch as it is not contrary to the
fundamental law.
 SCOPE AND CLASSIFICATION OF THE
POWERS OF CONGRESS
Specific Powers
 Power to declare the existence of the sate of war.
 Power to delegate emergency powers to the president
 Power to Appropriation
 Power to taxation
 Power to concur in treaties through the senate and the House of
Representatives.
 Power to concur the grant of amnesty
 Power to act as Board of Canvassers for Presidential and Vice-Presidential
elections.
 SCOPE AND CLASSIFICATION OF THE
POWERS OF CONGRESS

Implied Power
- These are those authority enjoyed by legislature to effectively
exercise its constitutionally granted powers to conduct
investigation in aid of legislation or to determine the rules of its
proceedings.
 SCOPE AND CLASSIFICATION OF THE
POWERS OF CONGRESS

 Non-Delegable Powers
 These are powers that are essentially inherent in the Congress,
which need no legislation or constitutional grant to that effect.
 These fundamental powers of the state are taxation, eminent
domain, and police power.
 NON-LEGISLATIVE
FUNCTIONS OF CONGRESS
 CONSTITUENT
- The to propose to amendments to the Constitution is a constituent function.
 ELECTORAL
- The Senate elects its President and the House of the Representatives elects its Speake
 EXECUTIVE
 Congress exercises certain powers of an executive nature through the supervision which it exercises over
administrative officials.
 JUDICIAL
- Congress holds the power to impeach the president, the Vice-President, the members of the supreme Court, etc.
 INVESTIGATIVE
- Has a full power to investigate, to summon witnesses, and to compel the presentation of books, records and
correspondence.
 LIMITATIONS OF THE
INVESTIGATIVE POWER OF
CONGRESS
 Inquiry shall be conducted only in aid of legislation
 The constitutional right against self-incrimination to the person being
investigated shall not be violated
 Theright to counsel shall be respected to persons being investigated in
Congress
 Each house conducting the inquiry shall b publish the rules of procedure
governing the investigation and shall be made known to the person
concerned
 Such congressional inquiry shall not serve a member’s personal
aggrandizement.
 PRINCIPLES OF SEPARATION
OF POWERS
 ThePrinciple of Separation of Powers is based on
the belief that arbitrary rule or official tyranny
would result if the powers of government are
concentrated in a single branch.
PRINCIPLE OF CHECKS AND
BALANCE
 Checks by the President – the President may veto or disapprove bills enacted
by congress and through the pardoning power, he may modify or set aside the
judgements of courts.
 Checks by Congress – Congress my override the veto of the President, reject
certain appointments of the President, revoke proclamation of martial law or
suspension of the privilege of the writ of habeas corpus by the President.
 Checks by the Judiciary – The Judiciary with supreme court as the final arbiter,
may declare legislative measures or executive acts unconstitutional.
COMPOSITION OF CONGRESS

 Compose of Upper and Lower Houses.

 Headed by the Senate President
 Speaker of the House who presides over the businesses of
the lower chamber.
 Senate is 24 senators
 250 House Representatives
SENATOR
 TERM OF OFFICE
 It is six years. It shall commence, unless otherwise provided by law, at noon on the
30th day of June next following their election.
 QUALIFICATIONS
 A natural-born citizen of the Philippines
 At least 35 years of age on the date of election
 Able to read and write
 A registered voter
 A resident of the Philippines for not les that two years
SENATORS

 Maximum Terms

- Disqualified to serve for more than two (2) consecutive

terms. At any rate, the senator can still run for reelection
after a break or interval.
 REPRESENTATIVES
 Term of Office and Tenure of Office- The term of a congressman is three (3)
years, which shall begin on the noon on June 30 following his election. He may
enjoy a maximum term of three (3) consecutive terms equivalent to nine (9) years.
 Qualifications
 A natural-born citizen of the Philippines
 At least 25 years of age on the date of election
 Able to read and write
 A registered voter in the district except for the party-list representative
 A resident of the Philippines for not les that one year
GERRYMANDERING
 Is the act of altering the voting districts so they are unfairly
arranged for the benefit of a particular party or candidate.
PARTY-LIST REPRESENTATIVES

20% of the local membership shall be elected

from a list of registered national, regional, and
sectoral parties or organizations.
 DISQUALIFICATION FOR
REGISTRATION IN PARTY-LIST
SYSTEM
 It a religious sector or association organized for religious purpose.
 It advocates violates or unlawful means to seek its goal
 It is a foreign party or organization
 It is receiving support from any foreign government, foreign political
party, foundation, organization, whether directly or through any of its
officers or members or indirectly through third parties
 It violates or fails to comply with laws, rules or regulations relating to
elections.
 It declares untruthful statements in its petition
 PROPER DUTY OF A
REPRESENTATIVE
 He is primarily an agent of his constituents committed to follow
their instructions and wishes to look out for their local interests.
 He is an officer of government and should act for the people of
the State as a whole rising above parochial consideration.
 He should consult and act with the leaders of his party
subordinating his own personal convictions.
 KINDS OF ELECTION OF MEMBERS
OF CONGRESS

 Regular Election- It should be held on the Second Monday of May.

 Special Election- It may be called in case a vacancy arises from the
senate or house of representatives to fill such vacancy on a manner
prescribed by law.
 TERMINATION OF MEMBERS OF
CONGRESS
 Voluntary renunciation of the office
 Forfeiture of seat of a member in Congress during incumbency, in case when he
or she keeps another office or employment in the government or any subdivision,
agency and instrumentality thereof, including government- owned corporation.
 A penalty of suspension may serve a member of a Congress for disciplinary
action as determined by each House’s rules of proceeding.
 An Electoral tribunal , through a resolution, may disqualify a member of congress
in an election contest.
 By means of resignation, death, incapacity, or conviction which carries a penalty
of disqualification to hold office.
POWERS OF CONGRESS

 Over and above, the power to make laws and to pass resolutions
 Toapprove appointment made by the President through Commission
on Appointment
 Todecide case of Electoral protest involving its member through an
electoral tribunal
 TOdeclare the existence of a state of war by 2/3 voted of both
Houses, voting independently
 To ratify treaties upon 2/3 votes of all members or senate
POWER OF CONGRESS

 Togrant the president emergency powers in times of war and

national distress
 Toprovide for the rules of presidential succession should the
speaker of the House fail to qualify
 To concur to a grant of amnesty by the President
 To exercise the power to amend or revise the constitution
 To prescribe, define, and apportion the jurisdiction of lower courts
 To determine or apportion seats or legislative district
 The power to tax and levy impositions
 To determine the disability of the President and Vice-President
 Tobreak a knot in case when there is a tie for the position of a President of
the Republic
 To cancel or extend Martial Law
 To investigate in aid of legislation
 To approve the annual budget of the government as prepared by the Executive
 To determine the rules of proceedings and more.
 PARLIAMENTARY
IMMUNITIES
 Shall be privileged from arrest while Congress is
in session
 Shall be questioned nor be held in any other place
for any speech or debate in the congress or in any
committee thereof.