The Legislative
Department
By: Marc Daniel M. Calub
•" The powers of Congress must be
defined, but their means must be
adequate to the purposes of their
constitution. It's possible there may be
abuses and misapplications; still, it is
better to hazard something than to
hazard at all.“ -Oliver Ellsworth letters to
Governor Trumbull
•"The members of the legislative department
are numerous. They are distributed and dwell
among the people at lage. Their connections
of blood, of friendship and of acquaintance
embrace a great proportion of the most
influential part of the society they are more
immediately the confidential guardians of
their rights and liberties.”
-James Madison
• This lesson is a survey of the
legislative branch of the
government of the Philippines.
• It also focuses on the
The Legislative components of the
Department Constitution that pertain to the
legislative
• power and the important role
that the legislative branch
plays in our government.
•1. Discuss the functions
and responsibilities of the
Philippine Senate and the
At the end of
this lesson, House of Representatives.
the students •2, Assess the performance
are able to: of the Philippine Congress.
•3. Defend a position or
advocacy legislative.
The Branches of Philippine Government
Branches of
Government
Legislative Executive Judiciary
•Each government branch
is permitted to encroach
upon the powers
Principle of confided to others.
Separations
of Powers •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 Pres.
• Judiciary may declare unconstitutional laws
passed by the Congress
• September 26, 2005
• This is to implement the
Constitutional provisions on the
separation of powers between co-
Executive equal branches of the government,
Order No. 464 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.
• Congress undoubtedly has a right
to information from the
executive branch whenever it is
Supreme sought in aid of legislation. If the
Court Ruling executive branch withholds such
on E.O. 464 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.
Executive privilege covers all confidential or classified
information between the President and the Public
Officers, including:
•3) Discussion in closed-door
Cabinet meetings
•4) Matters affecting national
security and public order.
• Section 1
• The legislative power shall
be vested in the Congress of
Article VI — the Philippines which shall
Legislative consist of a Senate and a
Department House of Representatives.
• Legislative Power refers to
power to make laws, and
subsequently, to alter and
repeal them.
•Section 2.
Article VI —
Legislative
•The Senate shall be
Department
composed of
twenty-four
Senators.
• Section 3.
• No person shall be a Senator
unless he is a natural-born citizen
Article VI — of the Philippines, and, on the day
Legislative of the election, is, at least, thirty-
Department 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.
Article VI — • No Senator shall serve for more
Legislative than two consecutive terms.
Department • 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 4.
• The term of office of the Senators
shall be six years.
Article VI — • No Senator shall serve for more
Legislative than two consecutive terms.
Department • 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
Article VI — shall be elected from legislative districts
Legislative • The Party-List representatives shall
Department 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
Article VI — and, on the day of the election, is, at
Legislative least, twenty-five years of age, able to
read and write, and, except for the
Department 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
Article VI — elected for a term of three
Legislative
years.
Department
•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
Article VI —
than six years imprisonment, be
Legislative privileged from arrest while the
Department Congress is in session.
• No Member shall be questioned nor
be held liable in any other place for
any speech or debate in the Congress
or in any committee thereof.
Freedom from Arrest
•Offenses punishable by not more
than six years imprisonment
•While Congress is in session
Freedom of Speech and Debate
•Remarks must be made in
connection with the discharge of
official duties.
•While Congress is in session
The reason for the congressional
privileges
• To enable members of Congress to discharge
their functions adequately and without fear.
• It is true that the rights may be abused.
However, the harm which would come from
its abuse is considered slight compared to
that which might arise if the privileges were
not given.
• Section 12.
• All Members of the senate and the
House of Representatives shall,
Article VI — upon the assumption of office,
Legislative make a full disclosure of their
Department financial and business interest.
• They shall notify the House
concerned of a potential conflict
of interest that may arise from the
filing of a
• Section 13.
• No Senator or Member of the
House of Representatives may
hold any other office or
Article VI — employment in the
Legislative Government...during his term
Department 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
• Section 13.
• No Senator or Member of the
House of Representatives may
hold any other office or
Article VI — employment in the
Legislative Government...during his term
Department 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
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.
Section 16.
1.The Senate shall elect its President
and the House of Representatives its
Speaker, by a majority vote of all its
respective Members.
2.A majority of each House shall
constitute a quorum to do business
Section 16.
3. Each House may determine the rules of its proceedings,
punish its Members for disorderly behavior, and, with the
concurrence of two-thirds of all its Members, suspend or
expel a Member. A penalty of suspension, when imposed,
shall not exceed sixty days.
4. Each House shall keep a Journal of its proceedings, and
from time to time publish the same, excepting such parts
as may, in its judgment, affect national security.
Quorum Legislative Journal
• Some membership • The official record of
which is competent to what is done and
transact its business; is, passed in a legislative
at least, half plus one assembly and
of the members of a proceedings occurred
body. from day to day.
Section 17.
•The Senate and the House of
Representatives shall each have an
Electoral Tribunal which shall be the sole
judge of all contests relating to the
election, returns, and qualifications of
their respective Members...
Section 18.
• There shall be a Commission on
Appointments... shall act on all appointments
submitted to it
Section 21.
•The Senate or the House of
Representatives or any of its respective
committees may conduct inquiries in aid
of legislation in accordance with its duly
published rules of procedure. The rights
of persons appearing in or affected by
such inquiries shall be respected.
Section 26.
• No bill passed by either House shall become a law
unless it has passed three readings on separate
days, and printed copies thereof in its final form
have been distributed to its Members three days
before its passage.
• Upon the last reading of a bill, no amendment to it
shall be allowed, and the vote thereon shall be
taken immediately after that, and the years and
nays entered in the Journal.
Steps in the Passage of a Bill
First Reading- Reading of the number, title of
the measure and name of the author
Second Reading- The bill is read in its entirety,
scrutinized, debated upon and amended when
desired
Third Reading- Members merely register their
votes and explain them. No further debate is
allowed
Section 27.
• Every bill passed by the Congress shall,
before it becomes law, be presented to the
President. If he approves the same, he shall
sign it; otherwise, he shall veto it and return
the same with his objections to the House
where it originated, which shall enter the
objections at large on its Journal and proceed
to reconsider it.
Section 27.
• If, after such reconsideration, two-thirds Of all the
Members of such House shall agree to pass the bill, it
shall be sent.. .to the other House by which it shall
likewise be reconsidered, and if approved by two-
thirds of all the Members of that House, it shall
become law. The President shall communicate his
veto of any bill to the House where it originated
within thirty days after the date of receipt thereof;
otherwise, it shall become law as if he had signed it.
Three ways when a bill may become a law
1.When the President approves the bill by
signing it.
2.When the President vetoes the bill and the is
overridden by 2/3votesof all the members of
both Houses.
3.When the President does not communicate his
veto within 30 days after the date of receipt.
The Law
•A body of rules of conduct or
action, prescribed by a compelling
authority which the people must
follow and obey subject to legal
sanctions and consequences in
case of violation.
Types of Laws
1.Constitution. It is the fundamental law of the land.
2.Statute. This is law passed by Congress.
3.Jurisprudence- This is law composed of decisions
promulgated by the Supreme Court.
4.Treaties-This is agreement entered between and
among the Philippines and other States or other
entities.
5.Ordinances - This is passed by local government.
Assignment: Get to Know your senator
• How many Philippine Senators are there?
• How do we elect Philippine Senators?
• We elect Philippine Senators for how many years?
• Name one Philippine Senator.
• When was he/she elected to office?
• How many years has he/she been in office?
• What is his/her political party?
• When is the next time he/she must run for election?
• List at least two important bill he/she proposed or laws enacted.
