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Legislative Department (Article VI) Is the rule-making branch that enacts or makes the law.

. John Locke stated that the legislative power is the most basic and most important. Law-making precedes law-enforcing and law-interpreting. The peoples sovereignty is expressed through laws. Hence, law making is the most important democratic process. Article VI, Sec. 1, states: The legislative power shall be vested in the Congress of the Philippines, which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum. Legislative Power Legislative Power is the authority to make laws and to alter of repeal them. It is vested by the constitution to: a. The Congress of the Philippines, which consist of the Senate (upper house) and House of Representative (lower house); and b. The people through the provision on initiative and referendum. The 1987 Constitution restored the bicameral Congress of the 1935 Constitution. Advantages of Bicameral Congress 1. It provides representation of both national interest (by the Senate) and local interest (by the House of Representatives) 2. A second chamber allows for a more careful study of the proposed law and prevents hasty legislation. 3. It is less inclined to legislative despotism. Disadvantages of Bicameral Congress 1. More expensive to maintain. 2. Legislative process is longer. 3. Deadlocks between two chambers impair legislative process. Advantages of Unicameral Congress 1. It is more economical. 2. Speedy legislation is attained. 3. Responsibility in legislation can easily be determined.

Disadvantages of Unicameral Congress 1. It is parochial in orientation. 2. There is no check in the passage of a hasty and ill- considered legislation. 3. It is more susceptible to the influence of vested interest. The Bicameral Congress The Senate Composition (Section 2) There are 24 senators which are elected at large by electorate, that compose the Upper House or the House of Senate. *Elected at large- means they are elected by qualified voters nationwide. Because of this, it is believed that senators will legislate on a national and broader perspective of the problems of the country. Qualifications of a Senator (Section 3) A senator must be: 1. 2. 3. 4. 5. a natural-born citizen of the Philippines; at least 35 years of age; able to read and write; a registered voter; and a resident of the Philippines for at least two years prior to his election.

These qualifications are fixed and cannot be changed by the Congress. It does not require a candidate to be a law graduate or have a Ph.D. This is in pursuit of the democratic principle of political equality. Election and Term of Office (Section 4) Regular election of senators shall be held, unless otherwise provided by law, on the second Monday of May (Sec.8). The term of office is six years and shall commence, unless otherwise provided by law, at noon on the 30th day of June next following their election. There is no limit for a Senator to be elected provided it is not consecutive for more than two terms. The House of Representatives

Composition (Section 5) There are 250 members that constitute the Lower House, unless the law increases it owing to increase in population. From these numbers belong two kinds of representatives, namely: 1. District Representatives. They are elected directly from the congressional districts they belong based on the proportionate representation provided in paragraphs 1 and 3 of Section 5. 2. Party-list Representatives. Twenty percent of the total house membership is allocated for party-list representatives. This is an innovation in the constitution to provide different sectors opportunity to represent their interests in Congress and hence, democratize political power. Qualifications (Section 6) A member of the House of Representatives must be: 1. 2. 3. 4. 5. a natural-born citizen of the Philippines; at least 25 years old; able to read and write; a registered voter, and a resident of the province where he is running for at least one year immediately prior to the election.

Election and Term of Office (Section 7) A member of the House of Representatives shall have a term of three years and can be elected for not more than three consecutive terms. Regular election is held simultaneously with that of the Senators In case of a vacancy in any house of Congress, a law may be passed by a Congress for a special election. (Section 9) Parliamentary Privileges A member of the Congress enjoys two parliamentary privileges as provided for in Section 11. 1. Privilege from Arrest to ensure continuous representation of the constituent of the member of Congress that he may not be prevented from attending sessions if they committed civil and criminal offenses punishable by not more than six years imprisonment. But exception applies if: The offense committed is punishable by more than six years imprisonment such as murder or rape.

Congress is no longer in session. 2. Privilege of Speech and Debate- to enable a member of Congress to express any views on matters of public interest during his discharge of legislative duties and be free from being questioned in any other place for liability such as libel suit. Prohibitions Against the Members of Congress. There is a new provision in the 1987 Constitution that intended to prevent members of the Congress to use their position in furtherance of their business interests (Section 12). They shall make a full disclosure of their financial and business interests and notify the House concerned of a potential conflict of interest. Aside from this, there are five prohibitions against members of the Congress. These are: 1. Incompatible Office. No Senator or Member of the House of Representatives may hold any other office of employment in the government including government-owned or controlled corporations. (Section 13) 2. Forbidden Office. Neither shall he be appointed to any office, which may have been created nor emoluments thereof increased during the term for which he was elected. (Section 14) 3. No Senator of member of the House of Representatives may personally appear as counsel before any court of justice or before the electoral tribunals, or quasijudicial and other administrative bodies. (Section 14) 4. No member of the Congress shall directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government or any subdivision and agencies. (Section 14) 5. No member of the Congress shall intervene in any matter before any office of the government for his pecuniary benefit or where he may be called upon to act on account of his office. Sessions of Congress There are two types of sessions that Congress may convene (Section 15). These are the regular and the special session. 1. Regular Session It is held once every year starting on the 4th Monday of July, unless a different date is fixed by law, and shall continue for a number of days as Congress may determine up to thirty days before the start of the next regular session, exclusive of Saturdays, Sundays, and legal holidays. 2. Special Session

It is called by the President when the legislature is in recess to consider urgent bills or matters which Congress fails to finish within the regular session. Usually the sessions of the Congress are open to the public. However, there are cases in which Congress conducts closed door meetings of any of its committees. These are called executive sessions. Officers of Congress The head of the Senate is the Senate President, while the Speaker of the House heads the House of Representatives. They are elected by a majority vote of all its respective members and usually nominated by the majority party. After the election of the Senate President and the Speaker of the House of Representatives, follows the Senate President Pro Tempore, then by the Speaker Pro Tempore. Quorum (Section 16) Section 16 states that a majority of each House shall constitute a quorum to do a business. *Quorum refers any number sufficient to transact business. *Majority here refers to fifty percent of the membership plus one. Rules of Proceedings and Discipline of Members Rules of proceedings are the rules adopted by each House to regulate the mode and manner of conducting its business. Commonly called House Rules, it is important to ensure the smooth and orderly business of the house. In case of disorderly behaviour which each House defines, it can suspend a member for 60 days or expel a member after a vote of two-thirds of all its members. Powers of Congress The powers of Congress can be classified into the following categories: general legislative power; implied powers; inherent powers; specific legislative powers; executive power; supervisory power; electoral power; judicial power; and miscellaneous p[owers (Ramirez and Lee, 1987).

General Legislative Power. This power of Congress consists of laws intended to serve as rules of conduct in governing relations between individuals or between individuals and the state. Implied Powers. These powers are essential to the effective exercise of other powers granted by the Constitution to Congress. The power to conduct inquiry in aid of legislation, through its Blue Ribbon Committee, is within the ambit of the implied power of Congress. Inherent Powers. These are the powers, which though not expressly given, are nonetheless exercised by the Congress as they are necessary for its existence such as: To determine the rules of proceedings; To compel attendance of absent members to obtain quorum to do business; and To keep a jounal of its proceeding.

Specific Legislative Powers. These powers have reference to those which the fundamental law expressly and specifically directs to perform or execute. Powers enjoyed by Congress under this category are the following: Power to appropriate through the passage of the General Appropriate Act; Power to acts as constituent assembly or introduce amendments to the fundamental law by a vote of three-fourths of all its members; Power to impeach, to be initiated by the House of Representatives; Power to confirm treaties by two-thirds vote of all senators; Power to declare the existence of war by 2/3 vote from both houses in joint session voting separately; Power to concur amnesty; and Power to act as board of canvassers for presidential/vice-presidential votes. Executive Powers. Powers of Congress that are executive in nature are the following: Appointment of its officers; Affirming treaties by two-thirds vote of the members of Senate; Confirming presidential appointees through the Commission of Appointments; and Removal power.

Supervisory Power. Congress exercises considerable control and super vision over the administrative branch. Notable among these are the following: To decide the creation of a department/agency/office; To define powers and duties of officers;

To appropriate funds for governmental operations; and To prescribe rules and procedures to be followed.

Electoral Power. The following are considered electoral powers of Congress: Elect its presiding officer/s and other officers of the House; Act as board of canvassers for the canvass of presidential/vice-presidential votes; and Elect the President in case of any electoral tie to the said post.

Judicial Power. This power of Congress enables it to pass judgment upon certain parties/courses of action. Covered under this category are the following: To expel and suspend its erring members; To initiate contempt proceeding in the Congress; To concur and approve amnesty declared by the President of the Philippines; To initiate, prosecute and thereafter decide cases of impeachment; and To decide electoral protests of its members through the respective Electoral Tribunal.

Miscellaneous Powers. These are the other powers mandated by the Constitution to Congress. Among these powers are the following: To authorize the Commission on Audit to audit fund and property; To authorize the President of the Philippines to fix tariff rates. Quotas. And dues; To authorize the President of the Philippines to formulate rules and regulations in times of emergency; To reapportion legislative districts based on established constitutional standards; To implement laws on autonomy; To established a national language commission; To implement free public secondary education; To allow small scale utilization of natural resources; To specify the limits of forest lands and national parks; To determine the ownership and extent of ancestral domain; and To established an independent economic and planning agency. The Electoral Tribunal and the Commission on Appointments At the start of each Congress, the senate and the House of Representatives each creates its own Electoral Tribunal to judge all contests relating to the election, returns and qualifications of its members. Each tribunal is composed of nine(9) members, three(3) of whom are Justices of the Supreme Court, and the remaining six(6) are chosen by each chamber. The

senior Justice in the tribunal serves as the chairperson. Each chamber also appoints it members to the Commission on Appointments, which acts on all appointments submitted to it by the President of the Philippines. It is composed of the Senate President as ex officio Chair, 12 The Passage of a Bill Here are the various steps in the passage of a bill: 1. First Reading - Any member of either house may present a proposed bill, signed by him, for First Reading and reference to the proper committee. During the First Reading, the principal author of the bill may propose the inclusion of additional authors thereof. 2. Referral to Appropriate Committee - Immediately after the First Reading, the bill is referred to the proper committee or committees for study and consideration. If disapproved in the committee, the bill dies a natural death unless the House decides otherwise, following the submission of the report. 3. Second Reading - If the committee reports the bill favorably, the bills is forwarded to the Committee on Rules so that it may be calendared for deliberation on Second Reading. At this stage, the bill is read for the second time in its entirely, together with the amendments, if any, proposed by the committee, unless the reading is dispensed with by a majority vote of the House. 4. Debates - A general debate is then opened after the Second Reading and amendments may be proposed by any member of Congress. The insertion of changes or amendments shall be done in accordance with the rules of either House. The House may either "kill" or pass the bill. 5. Printing and Distribution - After approval of the bill on Second Reading, the bills is then ordered printed in its final form and copies of it are distributed among the members of the House three days before its passage, except when the bill was certified by the President. A bill approved on Second Reading shall be included in the calendar of bills for Third Reading. 6. Third Reading - At this stage, only the title of the bill is read. Upon the last reading of a bill, no amendment thereto is allowed and the vote thereon is taken immediately thereafter, and yeas and nays entered in the journal. A member may abstain. As a rule, a majority of the members constituting a quorum is sufficient to pass a bill. 7. Referral to the Other House - If approved, the bill is then referred to the other House where substantially the same procedure takes place. 8. Submission to Joint Bicameral Committee - Differences, if any, between the House's bill and the Senate's amended version, and vice versa are submitted to a conference committee of

members of both Houses for compromise. If either House accepts the changes made by the other, no compromise is necessary. 9. Submission to the President - A bill approved on Third Reading by both Houses shall be printed and forthwith transmitted to the President for his action - approval or disapproval. If the President does not communicate his veto of any bill to the House where it originated within 30 days from receipt thereof, it shall become a law as if he signed it. Bill repassed by Congress over the veto of the President automatically becomes a law. Except in cases of treason, breaches of the peace, or felony, the members if both chambers of Congress are exempt from arrest during their attendance at the sessions and in going to and returning from the same. They may not be questioned in any other place for any speech they deliver in the hall of Congress.

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