THE LEGISLATIVE DEPARTMENT

• The Legislative
• Composition of the Legislature
• Qualifications
• Legislative Functions
• Legislative Powers
THE LEGISLATIVE

• What is Legislative Power ?

– The legislative power is the power to make, amend, or repeal
laws.

• Where is Legislative Power vested ?

– The legislative power shall be vested in the Philippine
Congress except to the extend reserved to the people by the
provision on initiative and referendum.
COMPOSITION OF THE LEGISLATURE
• What is the composition of the Philippine
Congress ?
– The Philippine Congress is a bicameral
legislature. It is consists of two houses, namely
the Senate House (Upper House) and the
House of Representatives (Lower House).

• What is the composition of the Senate House

?
– The Senate shall be composed of 24 Senators
who shall be elected at large by the qualified
voters of the Philippines as may be provided by
law. 12 of the 24 Senators are elected every 3
years.
COMPOSITION OF THE LEGISLATURE
• What is the term of office of the Senator ?
– The term of office of the Senators shall be for 6 years and they are
qualified for one reelection. The term starts at noon on the 30th day
of June following their election. Voluntary renunciation of the office
for any length of time shall not be considered an interruption in the
continuity of his service for the full term for which he was elected.

• When are members of the Philippine Congress elected ?

– Unless otherwise provided by law, the regular election of Senators
and House of Representatives shall be held on the 2nd Monday of
May (Article 6, Section 8). The Senate and House of
Representatives shall have an Electoral Tribunal which shall be the
sole judge of all contests relating to election returns, qualification of
their respective members.
COMPOSITION OF THE LEGISLATURE

• What is the composition of the

House of Representatives ?
– 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
and through a party-list system.
– 20% of the total composition of the
representatives must be party-list
representatives.
COMPOSITION OF THE LEGISLATURE
• The Party-List System
– The 1987 Constitution under Article 6, Section 5,
provides,
• “The party-list representatives shall constitute the twenty
percentum of the total number of representatives including
those under the party-list. For three consecutive terms after
the ratification of this Constitution, one-half 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.”
COMPOSITION OF THE LEGISLATURE
• The Party-List System
– Republic Act 7491 or the Party-List Act was approved and
became effective in 1998. The Act guarantees representation for
the under-represented sector. The election of Party-List
Representatives is based on proportional representation.

• What is the term of office of the Representatives ?

– The term of office of the Representatives shall be for 3 years.
They can serve for a maximum of 9 years. The term starts at
noon on the 30th day of June following their election. Voluntary
renunciation of the office for any length of time shall not be
considered an interruption in the continuity of his service for the
full term for which he was elected.
QUALIFICATIONS

• What are the Qualifications for the Senators ?

– Section 4 provides the following qualifications for Filipinos who
would run as Senator:
• A natural-born Filipino citizen;
• A registered voter;
• Able to read and write;
• At least 35 years of age on the day of the election; and
• A resident of the Philippines for not less than 2 years immediately
preceding the election.
QUALIFICATIONS

• What are the Qualifications for the Representatives

• A natural-born Filipino citizen;
• Able to read and write;
• At least 25 years of age on the day of the election;
• A registered voter in the district where he intends to run; and
• A resident of the place for at least 1 year immediately preceding
the election.
COMPOSITION OF THE LEGISLATURE
• What are the Rights and Privileges for the members of
the Philippine Congress ?
– The Senators and the Representatives can invoke the
following rights and privileges:
1. Right to receive a salary - Senators and Representatives have the
right to receive an annual salary as provided by the Constitution. As
lawmakers they can enact laws increasing the salaries of legislators
but the effectivity date is after their term of office.
2. Parliamentary Immunity - Senators or any member of the House
of Representatives cannot be questioned or held liable for any
speech or debate in Congress or any of its working committees.
3. Freedom from Arrest - A Senator or Representative enjoys
freedom from arrest while Congress is in session. The offense
committed though must be punishable by not more than 6 years.
COMPOSITION OF THE LEGISLATURE
• Who are the officers of the Philippine Congress ?
– In the Senate, the officers are:
1) Senate President,
2) Senate Pro - Tempore,
3) Majority Floor Leader, and
4) Minority Floor Leader.

– In the House of Representatives, they have the:

1) Speaker of the House,
2) Deputy Speakers for Luzon, Visayas, and Mindanao, and
3) Minority Floor Leader.
LEGISLATIVE POWERS AND FUNCTIONS

• What are the Powers and Functions of the Senate President

and the Speaker of the House of Representatives ?
– The leaders of Congress are responsible in doing the following:
1) Preside over their sessions,
2) Preserve order and decorum,
3) Decide all questions of order,
4) Signs acts, resolutions, orders, and warants,
5) Issue subpoenas, and
6) Appoint personnel and discipline them.
LEGISLATIVE POWERS AND FUNCTIONS

• How do members of Congress work ?

– Congress shall convene once every year on the 4th Monday
of July for its regular session, unless a different date is fixed
by law. It shall continue in session for such number of days as
it may determine until 30 days before the opening of its next
regular session. The President may call a special session at
any time when needed due to crises or emergencies.
– A majority of each house constitutes a quorum to do business.
The rule observed in both houses is one-half plus one.
LEGISLATIVE POWERS AND FUNCTIONS
• What are the Committees in Congress ?
– Electoral Tribunal
• The sole judge of all contests relating to the election, returns and
qualifications of members of each House in Congress. It is composed
of 9 Members, 3 from Justices of the Supreme Court to be designated
by the Chief Justice, and the remaining 6 are Members of the Senate
or Members of the House of Representatives. The Senior Justice in
the Electora Tribunal is Chairman.
– Commission on Appointments
• Its function is to approve or disapprove appointments submitted to it
by the President. It is composed of the President of the Senate, as ex-
officio Chairman, 12 Senators, and 12 Members of the House of
Representatives.
LEGISLATIVE POWERS AND FUNCTIONS
• What are the Powers of Congress ?
1. Power to Conduct Inquiry in Aid of Legislation - Members
of Congress can conduct inquiry in aid of legislation in order to
be able to enact a sound legislation.
2. Power to Declare Existence of War - the required votes is 2/3
from both houses in joint session voting separately.
3. The Power of Appropriation - The Congress approves the
annual budget of the government. It may not increase the
appropriations recommended by the President but it can
decrease such. Heads of different government offices are
required to defend their budget in Congress.
LEGISLATIVE POWERS AND FUNCTIONS

• What are the Powers of Congress ?

4. Power to Impeach - To be initiated by the House of
Representatives.
5. Power to Confirm Treaties - by 2/3 vote of all Senators.
6. Power to act as Board of Canvasser for Presidential and
Vice-Presidential Votes.
7. Power to act as Constituent Assembly - or introduce
amendments to the Constitution by a vote of 3/4 of all its
members.
LEGISLATIVE POWERS AND FUNCTIONS

• What is a Bill ?
– Bill is a proposed law. There are some bills which must
originate exclusively in the House of Representatives
but Senate may propose or concur with amendments;
(e.g. appropriation bill, revenue bill, tariff bill, bill
authorizing increase of public debt, bill of local
application, private bill).
LEGISLATIVE POWERS AND FUNCTIONS
• What are the steps in Passage of a Bill ?
1. Introduction of the Bill - any Senator or member of the
House of Representatives can introduce a bill. The bill is
submitted to the Secretary of the House. A bill number is then
assigned by the Secretariat and it calendars for first reading.
2. First Reading - only the number, title, and its author is read.
3. Committe Referral and Action - the bill is referred to the
appropriate committee which conducts meetings and public
hearings.
4. Second Reading - the bill is read in its entirety. This is the
period of debate, sponsorship speech, interpellation, and
amendments.
5. Third Reading - the bill is subjected to voting. The bill is sent
to the other chamber of Congress where the same steps will
be followed.
LEGISLATIVE POWERS AND FUNCTIONS

• How does a Bill become a Law ?

– There are 3 ways on how a bill can become a law:
1. After it is signed by the President; or
2. After 30 days from the day of submission for Presidential action
and the President takes no action; and
3. Overriding the Presidential Veto by Congress.
 If the President vetoes the bill, it is returned to the House where it originated
together with his/her objections. 2/3 of the House where it originated can pass
the Bill to the other chamber; if approved by 2/3 of the members of that house,
then the Presidential veto is overriden and the bill becomes a law.