LEGISLATIVE
DEPARTMENT
Legislative
power
ü
It is the
authority to make laws and to alter and repeal them.
Unicameralism
vs Bicameralism
Ø
Unicameralism
ü
It consists of one
chamber or house.
ü
Simplicity and
economy
ü
The drawing from
the recent experience with people power.
Ø
Bicameralism
ü
It consists of two
chamber or house.
ü
An upper house is
a body that looks at problems from the national perspective and thus serves as
a check on parochial tendency of body elected by districts.
ü
It allows for a
more careful study of legislation.
ü
It is less
vulnerable to attempts of the executive to control the legislature.
The
Congress discharges powers of a non legislative nature
1.
The canvass of
presidential elections
2.
The declaration of
the existence of a state of war
3.
The confirmation
of amnesties
4.
Presidential
appointments (through Commission on Appointments)
5.
The amendment or
revision of the Constitution
6.
Impeachment
The
Senate
1.
Composition
v
Art. VI Section 2.
The Senate shall be composed of twenty-four senators
who shall be elected at large by the qualified voters of the Philippines, as
may be provided by law.
ü
Elected at large
by the entire electorate
This rule intends to make the Senate a training ground
for national leaders and possibly a springboard to the Presidency.
ü
National rather
than only a district constituency
The senator will have a broader look of the problems of
the country instead of being restricted by parochial viewpoints and narrow
interests.
The senate is likely to be more circumspect and
broad-minded than the House of Representatives.
2.
Qualifications
v
Art. VI. Section
3.
No person shall be a Senator unless he is a
natural-born citizen of the Philippines, and, on the day of election, is at
least thirty-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.
v
Art. IV. Section
3.
Natural-born citizens are those who are citizens of the
Philippines from birth without having to perform any act to acquire or perfect
their Philippine citizenship. Those who elect Philippine citizenship in
accordance with par. (3), section 1 hereof shall be deemed natural-born
citizens.
ü
Residence
It is the place where one habitually resides and to
which, when he is absent, he has the intention of returning.
3.
The term
v
Art. VI. Section
4.
The term of office of the Senators shall be six years
and shall commence, unless otherwise provided by law, at noon on the 30th
day of June next following their election.
No Senator shall serve for more than two consecutive
terms. 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.
ü
The continuity of
the life of the Senate is intended to encourage the maintenance of Senate
policies as well as guarantee that there will be experienced members who can
help and train newcomers in the discharge of their duties.
The
House of Representatives
1.
Composition
v
Art. VI. Section
5.
1.
The House of
Representatives shall be composed of not more than 250 members, unless
otherwise fixed by law, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan Manila area in
accordance with the number of their respective inhabitants, and on the basis of
a uniform and progressive ratio, and those who, as provided by law, shall be
elected through a party-list system of registered national, and sectoral
parties or organizations.
2.
The party-list
representatives shall constitute 20% of the total number of representatives including
those under the party-list. For three consecutive terms after the ratification
of this Constitution, ½ of the seats allocated to party-list representatives
shall be filled, as provided by law, by selection or election from the labor,
peasant, urban poor, indigenous cultural communities, women, youth, and such
other sectors as may be provided by law, except the religious sector.
3.
Each legislative
district shall comprise, as far as practicable, contiguous, compact, and
adjacent territory. Each city with a population of at least 250, 000, or each
province, shall have at least one representative.
4.
Within three years
following the return of every census, the Congress shall make a reapportionment
of legislative districts based on the standards provided in this section.
Ø
District
Representatives
ü
250 members to be
directly elected from various legislative districts in accordance with the
number of their respective inhabitants, and on the basis of progressive ratio.
ü
Rule for
apportionment is the concept of equality of representation which is the basic
principle of republicanism.
ü
Guaranty against
gerrymandering
It is the arrangement of districts in such a way as to favor
the election of preferred candidates through the inclusion therein only of
those areas where they expect to win, regardless of the resultant shape of such
districts.
Ø
The Party-list
Representatives
ü
They shall
constitute 20% of the total membership of the body, including such
representatives.
ü
The rules are
embodied in RA 7941. The Party-list system Act.
ü
Registration
1.
Filing a verified
petition through its president or secretary not later than 90 days before the
election with the COMELEC.
2.
COMELEC shall
publish the petition in at least two national newspapers of general circulation.
3.
The COMELC shall,
after due notice and hearing, resolve the petition within 15 days from the date
it was submitted or not later than 60 days before the election.
4.
Upon registration,
the group shall submit to the COMELEC not later than 45 days before the
election at least 5 names from which its representatives may be chosen in case
it obtains the required number of votes.
ü
Sectors shall
include:
1.
Labor
2.
Peasant
3.
Fisher-folk
4.
Urban poor
5.
Indigenous
Cultural Communities
6.
Elderly
7.
Handicapped
8.
Women
9.
Youth
10.
Veterans
11.
Overseas workers
12.
Professionals
ü
Disqualified
1.
Religious sect
2.
Foreign party or
organization
3.
Advocating
violence or unlawful means
2.
Qualifications
v
Art. VI. Section
6.
No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the Philippines and, on
the day of election, is at least 25 years of age, able to read and write, and, except
the 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.
ü
The party-list
representative must be a bona fide member of the party he seeks to represent at
least 90 days before the Election Day.
ü
The youth representative
must not be more than 30 years old.
ü
The purpose of the
residence requirement is to ensure familiarity with the conditions and problems
of the constituency sought to be represented and consequent efficiency and
concern in the discharge of legislative duties on its behalf.
3.
Terms
v
Art.VI. Section 7
The Members of the House of Representatives shall be
elected for a term of three years which shall begin, unless otherwise provided
by law, at noon on the 30th day of June next following their
election.
No Member of the House of Representatives shall serve
for more than three consecutive terms. 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.
Salaries
v
Art. VI. Section
10.
The Salaries of Senators and Members of the House of
Representatives shall be determined by law. No increase in said compensation
shall take effect until after the expiration of the full term of all Members of
the Senate and the House of Representatives approving such increase.
v
Art. VI. Section
20.
The records and book of accounts of the Congress shall
be preserved and be open to the public in accordance with law, and such books
shall be audited by the Commission on Audit which shall be publish annually an
itemized list of amounts paid and expenses for each member.
Parliamentary
Immunities
v
Art. VI. Section
11.
A Senator or Member of the House of Representatives
shall, in all offenses punishable by not more than 6 years imprisonment, be
privilege from arrest while the 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 any committee thereof.
1.
Privilege from
arrest
ü
It is intended to
ensure representation of the constituents of the member of the Congress by
preventing attempts to keep him from attending its sessions.
2.
Privilege of
Speech and Debate
ü
It enables the
legislator to express views bearing upon the public interest without fear of
accountability outside the halls of the legislature for his inability to
support his statements with the usual evidence required in the court of
justice.
ü
The remarks must
be made while the legislature or the legislative committee is functioning (in
session)
ü
They must be in
connection with the discharge of official duties.
Conflict
of Interest
v
Art. VI. Section
12.
All members of the Senate and the House of
Representatives shall, upon assumption of office, make a full disclosure of
their financial and business interests. They shall notify the House concerned
of a potential conflict of interest that may arise from the filling of a
proposed legislation of which they are authors.
ü
It is intended to
ensure the probity and objectivity of the members of the Congress.
Incompatible
and Forbidden Offices
v
Art. VI. Section
13.
No Senator or Member of the House of Representatives
may hold any office or employment in the Government, or any subdivision,
agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries, during his term without forfeiting his seat.
Neither shall he be appointed to any office which may have been created or the
emoluments thereof increased during the term for which he was elected.
1.
Incompatible
offices
ü
The purpose is to
prevent him from owing loyalty to another branch of the government, to detriment
of the independence of the legislature and the doctrine of separation of
powers.
ü
Prohibition is not
absolute
ü
What is not
allowed is the simultaneous holding of that office and the seat in the
Congress.
2.
Forbidden Office
ü
The purpose is to
prevent trafficking in public office.
Inhibitions
and Disqualification
v
Art. VI. Section
14.
No Senator or Member of the House of Representatives
may personally appear as counsel before any court of justice or before the
Electoral Tribunal, or quasi-judicial and other administrative bodies. Neither
shall he, directly or indirectly, be interested financially in any contract
with, or in any franchise or special privilege granted by the Government, or
any subdivision or agency, or instrumentality thereof, including any
government-owned or controlled corporation, or its subsidiary, during his term
of office. He shall not intervene in any matter before any office of the
Government for his pecuniary benefit of where he may be called upon to act on
account of his office.
ü
The purpose of the
disqualification is to prevent the legislator from exerting undue influence,
deliberately or not, upon the body where he is appearing.
ü
The
lawyer-legislator may still engage in the practice of his profession except
when it comes to trials and hearings before the following bodies:
a.
Court of Justice
b.
Quasi-Judicial
Bodies
c.
Other
administrative bodies (SEC, NLRC..)
ü
Legislators are
prohibited from being financially interested in any contract with the
government of any subdivision, agency or instrumentality thereof.
ü
The idea is to
prevent abuses from being committed by the members of the Congress to prejudice
of the public welfare and particularly of legitimate contractors with the
government who otherwise might be placed at a disadvantageous position
vis-a-vis the legislator
