Legislative Branch

Section 1

Legislative power vested in the Congress of the Philippines.

What consists the Congress of the Philippines?

The Senate and the House of Representatives

Section 2

Senate composed of 24 senators

Section 3

Senate Qualifications

1. Natural-born citizen of the Philippines

2. At least 35 years of age on the day of election

3. Can read and write

4. A registered voter in the district in which he shall be elected

5. A resident of the Philippines for not less than two years immediately preceding the election

Section 4

Senator Limits

• A term of 6 years

• Noon on the thirtieth day of June next following their election

• Cannot serve more than two consecutive terms

• Voluntary renunciation of the office for any length of time is not considered an interruption in the continuity of his service for the full term in which he was elected

Section 5

House of Representatives

• Composed of not more than two hundred and fifty members, unless otherwise fixed by law. Currently have 318 congressmen in the Philippines

• Elected through a party-list system of registered national, regional, and sectoral parties or organizations

• Party-list representatives make up 20% of the total number of representatives

  • They represent the minorities: urban poor, youth, women, indigenous, and such other sectors

• Each city with a population of at least 250k, or each province, shall have at least 1 representative

• Within 3 years following the return of every census, the Congress shall make a reapportionment of legislative districts based on standards provided in this section
  
  

District Representatives

Elected directly and personally from the territorial unit he is seeking to represent

Party-list Representatives

Chosen indirectly, through the party he represents, which is the one voted for by the electorate.

An opportunity to the weak sectors to have their voices heard

Section 6

House of Representatives Qualifications

1. Natural born citizen of the Philippines

2. At least 25 years of age

3. Able to read and write

4. A registered voter in the district in which he shall be elected 

5. A resident thereof for a period of not less than one year immediately preceding day of election 

Section 7

Representative Limits

• Term of 3 years

• At noon on the thirtieth day of June next following their election

• Shall serve no more than three consecutive terms

Upper Chamber of Congress?

Senate

Lower Chamber of Congress?

House of Representatives

Section 8

• Regular election held on the second Monday of May

  • Regular Election - held on the second Monday of May.

  • Special Election - in case a vacancy arises in the Senate or House of Representatives to fill in such vacancy in the manner prescribed by law

Section 9

• In case of vacancy, special election is held but the Senator or Member of the House of representatives thus elected shall serve ONLY for the unexpired term

Section 10

• Salaries of Senators and members of Representatives determined by law

• No increase in said compensation shall take effect until after the expiration of the full term of all the members of the Senate and the House of Representatives approving such increase.

Section 11

• Congress, in all offenses punishable by not more than 6 years imprisonment, be privileged 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 in any committee thereof (Privilege speech)

Freedom from Arrest

Offenses punishable by not more than 6 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

Section 12

• Congress shall make a full disclosure of their financial and business interests (Statement of assets, Liabilities and net worth or SALN) to avoid committing corruption and unlawfully enriching themselves

• They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors

• Include declaration of their income tax return during the term of their business interest.

Section 13

• No member of Congress may hold any other office or employment in the Govern during their term without forfeiting their seat

• Neither shall he be appointed to any office which may have been created or the emoluments (any salary/fee/benefit received as compensation for employee/service/public office) thereof increased during the term for which he was elected

Incompatible Office

Office which may not be held by a member of a Congress outside the legislative department

There is a need for members to devote their time and attention tot he discharge of their legislative responsibilities

Forbidden Office

an office for which a member of Congress may not be a beneficiary by reason of being a participant when said office was created

Hence, a member of Congress shall not be eligible for appointment to such office, even if they resign

Section 14

Prohibition on Legal Practice

Prohibition of Financial Interests

Prohibition on Pecuniary Intervention

Prohibition on Legal Practice

• No member of Congress may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies

Prohibition of Financial Interests

• Cannot have direct or indirect financial interest in any government contract, franchise, or special privilege granted by the government or its agencies, including any 

• government-owned or controlled corporation, or its subsidiary, during his term of office

Prohibition on Pecuniary Intervention

• Cannot intervene in any matter before any office of the Government for his pecuniary (relating to money) benefit or where he may be called upon to act on account of his office

Section 15

• Congress shall convene once every year on the fourth Monday of July for its regular session. 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

• President may call a special session at any time

Section 16

• Election of Senate President and Speaker of the House of Representatives

• Majority of each House shall constitute a Quorum to do business

• To punish members, it needs two-thirds of all its members. The penalty of suspension can not exceed 60 days.

• Each house shall keep a journal of its proceedings

Quorum

minimum number of members needed to be present to discuss and vote on bills.

Ensures that the decision of a deliberate body are fair, valid, and representative

How many Senators need to get Quorum?

13

How many Congressmen/Representatives needed to get Quorum?

161

How many Senators to make up two-thirds for suspension/expulsion?

16 Senators

Majority Block

Senators who DID vote for the Senate President

Minority Block

Senator who DIDNT vote for the Senate President

Section 17

• Electoral Tribunal - judge of all contests relating to the election, returns, and qualifications of their respective members

• Composed of 9 members:

  • 3 supreme court justices

  • 6 members from the Senate or House

• Senior Justice in the Electoral Tribunal shall be its Chairman

  
  

SET

Senate electoral tribunal. Handles contest involving senators

HRT

House of Representatives Electoral Tribunal. Handles contest involving members of the Congress/congressmen

Section 18

Commission on Appointments - reviews, confirms, or rejects President’s nominees/appointed officials

If confirmed (through voting), then they are full-fledged/ appointed/ key officials

• More than 13 of the commission of appointments. The chairman does not vote, only in case of a tie

Total number of 25 members 

• Senate president (Chairman)

• 12 senators

• 12 representatives, elected proportionally from political parties

• The Chair votes only in case of a tie

Function of the Commission on Appointment

to act as a constitutional check and balance on the President's power to appoint public officials, ensuring that nominees are fit, qualified, and competent 

• Can approve or disapprove the appointments submitted by the president. Within 30 session days of Congress from their submission

Section 19

Electoral tribunals and the Commission on Appointments must be completed and organized within 30 days after Senate and House have organized with the election of the Senate President and the Speaker.

Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its Members

Section 20

Records and books of accounts (expenses) of the congress shall be preserved and be open to the public

Audited by the Commission on Audit

Ensures transparency and accountability

Section 21

The senate or the House of Representatives can investigate issues to help make better laws. Must follow proper procedures and follow peoples rights.

Section 22

• Heads of departments may appear before and be heard by such House on any matter pertaining to their departments.

• Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least 3 days before their scheduled appearance.

• Interpellations shall not be limited to written questions, but may cover matters related thereto

Section 23

1. The Congress by a vote of two-thirds of both Houses shall have the sole power to declare the existence of a state of war

2. In times of national emergency, the Congress may authorize the President to exercise powers necessary to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof

Section 24

All appropriation exclusively starts at the lower chamber (House of Representatives)

Appropriation Bill

Aim to make appropriations of money from the public treasury, like projects.

Revenue Bill

One the primary and specific purpose of which is to raise revenue

Bill Authorizing Increase of the Public Debt

Allows government to borrow money (other places or world bank) to raise revenue

Bill of Local Application 

One affecting purely local or municipal concerns, like one creating a city or  municipality or changing its name

Private Bill

Grants franchise (GMA for TV) to a person or corporation, or compensation to a person for damages suffered by him for which the government considers itself liable

Affecting purely private interest

Section 25

Congress can not increase the appropriations recommended by the president

The president proposes a government budget, and congress can not go over.

By budget: financial program of the national government for a designated calendar year, consisting of statements of estimated receipts from revenues and expenditures for the calendar. TAXES

Section 26

No bill passed by either House shall become a law unless it has passed three readings on separate days. YES / NAY

Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter

Section 27

Every bill passed by the Congress shall be presented to the President

President can VETO if he disapproves the bill

• Bill can be passed again if two-thirds of all the Members of such House shall agree to pass the bill

Section 28

1. Rule of taxation should be fair

2. The Congress authorizes President to impose tariffs rates, import and export quotas within the framework of the national development program of the Government

3. Charitable institutions, churches, and personages are exempted from taxes. (SM Telebasya donates to charities?)

4. Congress needs approval for tax exemption

Uniformity in Taxation

All taxable articles or properties of the same class shall be taxed at the same rate

Equity in taxation

Constitution mandates that the Rule of taxation shall be equitable

The concept of equity in taxation requires that such apportionment be more or less just in the light of the taxpayer’s ability to shoulder the tax burden

Section 29

1. No money shall be paid out of the Treasury except in Pursuance of an appropriation made by law

2. No public funds can support religions except when such priest, preacher, minister, or dignitary is assigned to the Armed Forces, or any penal institution, or government orphanage or leprosarium

3. All money collected on any tax levied for a special purpose shall be treated as a Special Fund and paid out for such purpose only. If purpose of the special fund has been fulfilled or abandoned, then the remaining funds shall be transferred to the general funds of the Government

Section 30

No law can expand supreme court appellate powers without the consent of the Supreme Court itself and its given advice and concurrence

• Appellate - higher court’s authority to review, reverse, modify, or affirm the final judgements, orders, or decisions of lower courts

Section 31

No law granting a title of royalty or nobility shall be enacted

Section 32

Initiative - let the people propose the law

Referendum - let the people approve or reject the law

Signature thresholds: valid petition requires:

• At least 10% of total number of registered voters nationwide

• At least 3% of the registered voters in every legislative district