Legislative Power

Legislative Power
• Legislative power is the authority, under the Constitution, to make, to alter
and repeal laws.
• Therefore, law-making authority of the government is vested in the Congress.
• The Congress of the Philippines is composed of the Senate, which is called
the upper house, and the House of the Representatives, which is called the
lower house.
The Senate Qualifications
• Natural Born citizen of the Philippines.
• A registered voter.
• Able to read and write.
• At least 35 years old on the day of election.
• Resident of the Philippines for not less than 2 years immediately
coming before the day of election.
Compositions
• The Senate is composed of 24 members addressed as Senators.
CHAIRPERSON
SENATE
PRESIDENT,
(NPC)
The House of the Representatives
Qualifications
• Natural Born citizen of the Philippines.
• A registered voter.
• Able to read and write.
• At least 25 years old on the day of election.
• Resident of the district in which he shall be elected for not less than 1
year immediately coming before the day of election.
Composition
• District Representatives. They constitute 80% of the Lower house.
They represent their corresponding district from different provinces and
cities. They are the voice of their constituents.
• There are 304 house members in the 18th congress.
• Alan Peter Cayetano (
Nacionalista)
Senate House of the Representatives
Composition
24 members 304 members
Elected by large by qualified voters (national elected District Representatives
officials) Party-List Representatives
Qualifications
At least 35 years old At least 25 years old
A Resident for not less than two years A resident of the district in which he shall be elected for
not less than one year.
Term of Office
6 years 3 years
No senator can serve for more than 2 consecutive terms No representative can serve for more than 3
consecutive terms.
Privileges
1. Salaries (Section 10, Article VI)
The Constitution fixed initially the annual salary of the senators and congressmen to two hundred four thousand
each. These are subject to change by law.
2. Privileges (Section 9 & 10, Article VI)
The members of Congress are accorded under the Constitution with two parliamentary immunities:
a. Privilege from arrest applies while congress is in session in all offenses punishable by not more than 6 years
of imprisonment. The purpose for granting the immunity from arrest is to ensure that they are not prevented
from performing their legislature duties.
b. Privilege of Speech and Debate applies for any speech or debate in Congress or in any committee. The
members of Congress cannot be sued or prosecuted for anything they say or write in connection with their
legislative duties. It is indispensably necessary that he should enjoy the fullest liberty of speech and that he
should be protected.
Prohibitions (Sections 13 & 14, Article VI)
1. Hold any other office of employment in government, or any subdivision, agency or
instrumentality thereof, including government owned and controlled corporations or their
subsidiaries, during his term of office without forfeiting his seat. This is the so-called
incompatible office.
2. Not allowed from being appointed to any office, which may have been created, or the
emoluments thereof increased during the term for which he was elected. This is the so-called
forbidden office.
3. Not allowed to personally appear as counsel before any court of justice or before the electoral
tribunals, or quasi-judicial and other administrative bodies.
4. From being financially interested, directly or indirectly in any contract with, or in any
franchise or special privilege granted by the Government
Power of Congress
• The principal function of the Congress is lawmaking, that is, enactment
of laws serving as binding rules for all Filipinos. However, the
Constitution also grants certain non-legislative functions to the
Congress such as the power to declare the existence of war, the power
to remove the President and other high officials through impeachment
Hereunder are some of the powers of Congress:
Power of Congress
1. Power of Legislative Investigation
The two Houses of the Congress and their respective committees are authorized
by the Constitution to conduct investigations or inquiry in aid of legislation or to
aid Congress in its legislative works.
2. Power of Appropriation
The power of appropriation sometimes referred to as the power of the purse, is
exercised by Congress through the enactment of an appropriation law
Power of Congress
3. Power of Taxation
The power of taxation is the power to impose taxes—the Constitution vests in the legislature
the exercise of the power of taxation.
It must be noted that even without expresses constitutional grant, the power to tax together
with the police power and the power of eminent domain is inherent and are indispensable
power of the government
4. Non-legislative powers
Congress is also vested under the Constitution, such as other powers, non-legislative in
nature, such as the power to declare the existence of war (Section 23 (1), the power to concur
in presidential amnesties (Section 21) and the power to impeach the President, etc.
 The Law-Making Process
A. Origin of Bills
The first step in the lawmaking process is the creation and introduction of a bill. But what
is a bill, what are its parts, and what are the procedures in approving a bill?
A bill is a draft of a proposed statute or law submitted to the legislature for enactment. A
bill is introduced by a member of the House of Representatives Senate. Only members of
the 2 Houses can formally submit a bill for consideration in their respective chambers
B. Parts of a Bill

The bill passed by Members of Congress contains:

1. Title
2. Preamble
3. Enacting Clause
4. Body of the Statute
5. Effectivity Clause
C. Procedure in the Approval of a Bill

The Constitution provides that before a bill passed by either House

becomes a law, it shall first pass 3 readings on separate days with the
exception of those which the President will certify as necessary to meet
public calamity.
C. Procedure in the Approval of a Bill

First Reading
• Only the number and the title of the bill is read, and the Speaker refers it to the proper
committee for consideration
• The committee may decide to kill the bill by taking no action on it or it may consider the
bill and conduct a thorough study by conducting public hearings on the proposed measure
• The committee will submit a report recommending the approval or disapproval of the
bill.
C. Procedure in the Approval of a Bill

Second Reading
• The entire bill is read before the chamber, and it is at this stage that
the bill will be debated and amended.
• After the bill has been approved, it is printed in its final form and
copies distributed to members at least 3 days before the third and last
reading.
C. Procedure in the Approval of a Bill

Third Reading
• Only the title of the bill is read
• No amendment is allowed at this stage
• If the bill is approved, it shall be transmitted to the President for his
approval.
The bill becomes a law when:
1. The President approves and signs it after Congress has presented the bill to him;
2. The President does not act upon the bill within 30 days after it has been presented to him,
it shall become a law if he has signed it; and
3. The bill is vetoed to the President and be sent back to the House where it originated,
which shall enter the objections at large in the Journal. The bill becomes a law when
Congress by a vote of 2/3 of its members agree to override the veto.
Presidential Veto - a veto is the power of the President to reject a bill passed by the
Congress. As a rule, the President must veto the entire bill. However, the President shall
have the power to veto any particular item/ items in an appropriation, revenue, or tariff bill.
Still, the veto shall not affect the item/items to which he does not object (Ligan, Laya,
Rabaca & Ruiz, 2014).