LESSON 7: THE LEGISLATIVE DEPARTMENT MODULE 1

Most Essential Learning Competency:

1. Analyze the roles and powers of the executive branch of the
government
2. Differentiate the roles and responsibilities of the Philippine Senate and
the House of Representatives
3. Analyze the roles and responsibilities of the Philippine Judiciary

I. Concept Discussion

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 A SEAL: Symbols of Authority
A seal is defined as an impressed device attached to a paper for purposes of authentication,
and the instrument, by which it is made is a seal press or a stamp.
The seals of the Republic are the seals of office — not the man occupying the position — hence
the text "Official Seal" on the circular border of the seal. Most seals of various government agencies
feature symbols pertinent to and symbolic to the functions of the agency.

The Coat of Arms of the Republic, approved by Commonwealth Act No. 731, was the beginning
of heraldic tradition in the Philippines where before there was none. What followed thereafter was the
implementation of Executive Order No. 310 s. 1940 issued by then President Manuel L. Quezon
creating the Philippine Heraldry Committee to make studies and recommend the adoption of coat of
arms for the different government offices, semi-government corporations, provinces and chartered
cities.

President Quezon, in issuing E.O. No. 310, created the Philippine Heraldry Committee to make
studies and recommend ways and means for the adoption of coat of arms of the different government
institutions, set the pattern of symbols to be used reflecting physical or geographical
considerations, significant emblazonry as well as supporting documents, orders or grants.

To ensure that the coats of arms of the Republic are manifestations of the ideas and ideals of the
offices or the people concerned, the Philippine Heraldry Committee, from the year of its reconstitution
on January 7, 1946 to June 30, 1973, encouraged all concerned to submit the designs and the
symbolism of the design of their coat of arms limiting the work of the Heraldry Committee to
putting in the correct heraldic phraseology the designs submitted for an office, province or
city.
It is important to indoctrinate all concerned the mechanics of heraldry principally in the division of the
shield or escutcheon such as the:  
1. Dexter side (right);
2. Sinister side (left);
3. The Chief (top); and
4. The Base (bottom). The positions of charges are:
5. Dexter Chief;
6. Sinister Chief;
7. Middle Chief;
8. Dexter Base;
9. Sinister Base;
10. Middle Base; and
11. Honor Point.

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 Coat of Arms: The Philippine Senate

The official seal of the Senate of the Philippines is actually an adaptation of the Coat of Arms of
the Republic, which was approved on July 15, 1950. This orientation is but inevitable, the Senate
being the legislative body of the State. However, certain modifications were recommended to
recognize the law-making function of the Senate.

As a symbol of the State, the coat of arms of the Republic represents three historical phases —
Philippines, Spanish and American.

The Sun and the 3 Stars (the Chief)

The Philippine symbols are shown in the chief part of the coat of arms. These are the three mullets
(5-pointed stars) and the eight-rayed Philippine Sun “in rayonnet” on the heraldic point of
honor. The three five-pointed stars indicate the solidarity of Luzon, Visayas and Mindanao.
The eight rays of the sun represent the provinces of Manila, Bulacan, Pampanga, Nueva Ecija,
Morong, Laguna, Batangas and Cavite, which were declared under Martial Law by a decree of the
Spanish government during the revolution of 1896. The three stars and the sun are one and
inseparable. The national colors are preserved in tinctures of white (chief and heraldic points
of honor); red (dexter base) and blue (sinister base).

The Sampaguita Flower

On the side of the coat of arms are garlands of sampaguita with six sampaguita buds on each
side representing the 12 regions of the country. The sampaguita flower also symbolizes honor
and dignity, characteristics, which likewise epitomize the Senate as an institution.

The Motto and the 24 Stars

Below the coat of arms is a scroll with the Latin inscription Legis Servitae Pax Fiat, which means
"Law Serves Peace, Let It Be Done.” This Latin maxim embodies the ideals and
aspirations of the Senate to pass relevant laws in order to attain peace in the
country. The stars arranged in circle surrounding the coat of arms represent
the 24 elected Senators of the Senate of the Philippines.

Mace of the Senate

The mace is the symbol of authority of the Senate. Its symbolism strongly
holds for the authority of the President of the Senate. It is also the authority
of the Sergeant-at-Arms when enforcing order in the Senate. The mace is an
essential part of the regalia of the Senate.

Without it, the Senate is not considered to be properly constituted (be a part
of a whole, give legal or constitutional form to (an institution); establish by law).

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When the Senate is in session, the mace is displayed at the Senate President’s rostrum. Otherwise,
it is kept under the custody of the Sergeant-at-Arms.

The Sergeant-at-Arms, custodian of the mace, is charged with its use when necessary to preserve
order. When the occasion calls for it, or when there is disorder in the session hall, he shall lift the
mace from its pedestal and present it before an unruly member in order to restore order or
quell boisterous behavior in the Chamber.

The Gavel

The gavel is used by the President of the Senate for commanding

attention whenever the Senate is in session.

The Senate of the Philippines (Filipino: Senado ng Pilipinas, also Mataas na Kapulungan ng

Pilipinas or "upper chamber") is the upper house of Congress, the bicameral legislature of
the Philippines; the House of Representatives is the lower house. The Senate is composed of
24 senators who are elected at-large with the country as one district under plurality-at-large
voting.
Senators serve six-year terms with a maximum of two consecutive terms, with half of the
senators elected every three years to ensure that the Senate is maintained as a
continuous body, though staggered. When the Senate was restored by the 1987
Constitution, the 24 senators who were elected in 1987 served until 1992. In 1992 the 12 candidates
for the Senate obtaining the highest number of votes served until 1998, while the next 12 served until
1995. Thereafter, each senator elected serves the full six years.
Aside from having its concurrence on every bill in order to be passed for the president's signature to
become a law, the Senate is the only body that can concur with treaties, and can
try impeachment cases. 
Article VI, Section 2 of the 1987 Philippine Constitution provides that 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.
The composition of the Senate is smaller in number as compared to the House of Representatives.
The members of this chamber are elected at large by the entire electorate. The rationale for this rule
intends to make the Senate a training ground for national leaders and possibly a springboard
for the presidency.

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It follows also that the Senator, having a national rather than only a district constituency, will
have a broader outlook of the problems of the country, instead of being restricted by narrow
viewpoints and interests. With such perspective, the Senate is likely to be more circumspect, or at
least less impulsive, than the House of Representatives.
Senatorial candidates are chosen by the leaders of major political parties or
coalitions of parties. The selection process is not transparent and is done in "backrooms" where
much political horse-trading occurs. Thus, the absence of regional or proportional representation in
the Senate exacerbates a top heavy system of governance, with power centralized in Metro Manila. It
has often been suggested that each region of the country should elect its own senator(s) to more
properly represent the people. This will have the effect of flattening the power structure. Regional
problems and concerns within a national view can be addressed more effectively. A senator's
performance, accountability, and electability become meaningful to a more defined and identifiable
regional constituency.
The Senate Electoral Tribunal (SET) composed of three Supreme Court justices and six
senators determines election protests on already-seated senators.
In the officers are the Senate President, Senate President pro
the Senate,
tempore, Majority Floor Leader, Minority Floor Leader and the Senate Secretary
and the Senate Sergeant at Arms who shall be elected by the Senators from
among the employees and staff of the Senate. Meanwhile, the Senate President, Senate
President pro-tempore, the Majority Floor Leader and the Minority Floor Leader shall be elected by
the Senators from among themselves.

Qualifications
The qualifications for membership in the Senate are expressly stated in Section 3, Art. VI of
the 1987 Philippine Constitution as follows:

 No person shall be a Senator unless he is a natural-born citizen of the Philippines, and on

the day of the election, is at least 35 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.
 The age is fixed at 35 and must be possessed on the day of the elections, that is, when the
polls are opened and the votes cast, and not on the day of the proclamation of the winners by the
board of canvassers.
 With regard to the residence requirements, it was ruled in the case of Lim v. Pelaez that it must
be the place where one habitually resides and to which he, after absence, has the intention of
returning.
 The enumeration laid down by the 1987 Philippine Constitution is exclusive under the Latin
principle of expressio unius est exclusio alterius. This means that Congress cannot anymore add
additional qualifications other than those provided by the 1987 Philippine Constitution.

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 Coat of Arms: Philippine House of Representatives

The Seal of the Philippine House of Representatives was adopted through House Resolution
No. 233 on September 23, 2015. The seal consists of the Coat of Arms of the Philippines without
the scroll and inscription in the center. 81 stars are encircled around the coat of arms
representing the 81 provinces of the Philippines. The year "1907" is inscribed at the bottom of
the coat of arms, representing the year the first Philippine Assembly was inaugurated. Before
2015, the year indicated on the seal was "1987", the year that the current form of the House of
Representatives was established after the adaption of the 1987 constitution.

The House of Representatives is headed by the Speaker. The Speaker of the House

is the third in the presidential line of succession, after the Vice President and Senate
President. The official headquarters of the House of Representatives is at the Batasang
Pambansa (lit. 'national legislature') located in the Batasan Hills in Quezon City in Metro Manila. The
building is often simply called Batasan and the word has also become a metonym to refer to the
House of Representatives.

The speaker is the head of the House of Representatives. He presides over the session;
decides on all questions of order, subject to appeal by any member; signs all acts,
resolutions, memorials, writs, warrants, and subpoenas issued by or upon order of the House;
appoints, suspends, dismisses, or disciplines House personnel; and exercise administrative
functions.
The speaker is elected by a majority of all the members of the House, including vacant seats.
The speaker is traditionally elected at the convening of each congress. Before a speaker is elected,
the House's sergeant-at-arms sits as the "Presiding Officer" until a speaker is elected. Compared
to the Senate President, the unseating of an incumbent speaker is rarer.
Deputy Speakers
There was a position of speaker pro tempore for congresses prior the reorganization of
the officers of the House of Representatives during the 10th Congress in 1995. The speaker pro
tempore was the next highest position in the House after the speaker.
The position was replaced by deputy speakers in 1995. Originally, there was one Deputy Speaker for
each island group of Luzon, Visayas and Mindanao. Then, in 2001 during the 12th Congress, a
Deputy Speaker "at large" was created. In the next Congress, another "at large" deputy
speakership was created, along with a Deputy Speaker for women. In the 15th
Congress starting in 2010, all six deputy speakers are "at large".
In the 16th Congress, the deputy speakers represent the chamber at-large. Starting in the 17th
Congress, each region is represented by a Deputy Speaker, with additional deputy speakers from the
party-list ranks.
The deputy speakers perform the speaker's role when the speaker is absent. In case in the
resignation of the speaker, the deputy speakers shall elect from among themselves an acting
speaker, until a speaker is elected.

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THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE
VI

ARTICLE VI

THE LEGISLATIVE DEPARTMENT

Section 1. 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.

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.

Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on
the day of the 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.

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 thirtieth 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 of which he was elected.

Section 5. (1) The House of Representatives shall be composed of not more than two hundred
and fifty 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, regional, and sectoral parties or organizations.

(2) The party-list representatives shall constitute twenty per centum 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.

(3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent
territory. Each city with a population of at least two hundred fifty thousand, 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.

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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 the election, is at least
twenty-five 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.

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 thirtieth 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.

Section 8. Unless otherwise provided by law, the regular election of the Senators and the Members of
the House of Representatives shall be held on the second Monday of May.

Section 9. In case of vacancy in the Senate or in the House of Representatives, a special election
may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the
House of Representatives thus elected shall serve only for the unexpired term.

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 the Members of the Senate and the House of Representatives approving such
increase.

Section 11. A Senator or Member of the House of Representatives shall, in all

offenses punishable by not more than six 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.

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 filing of a proposed legislation of
which they are authors.

Section 13. No Senator or Member of the House of Representatives may hold any other 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.

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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.

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 Tribunals, 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,
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 or where he may be called upon to act on account of his office.

Section 15. The Congress shall convene once every year on the fourth Monday of July for its regular
session, unless a different date is fixed by law, 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.

Each House shall choose such other officers as it may deem necessary.

(2) A majority of each House shall constitute a quorum to do business, but a smaller number may
adjourn from day to day and may compel the attendance of absent Members in such manner, and
under such penalties, as such House may provide.

(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; and the yeas and nays on any
question shall, at the request of one-fifth of the Members present, be entered in the Journal.

Each House shall also keep a Record of its proceedings.

(5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn
for more than three days, nor to any other place than that in which the two Houses shall be sitting.

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.

Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the
Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the
Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of
proportional representation from the political parties and the parties or organizations registered under
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the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its
Chairman.

SECTION 18. There shall be a Commission on Appointments consisting of the President of the
Senate, as ex officio Chairman, twelve Senators and twelve Members of the House of
Representatives, elected by each House on the basis of proportional representation from the
political parties and parties or organizations registered under the party-list system
represented therein.

The Chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on
all appointments submitted to it within thirty session days of the Congress from their submission. The
Commission shall rule by a majority vote of all the Members.

SECTION 19. The Electoral Tribunals and the Commission on Appointments shall be constituted
within thirty days after the Senate and the House of Representatives shall have been organized with
the election of the President and the Speaker. The 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, to
discharge such powers and functions as are herein conferred upon it.

PRINCIPLE of SEPARATION of POWERS

Each government branch is not permitted to encroach (intrude on a person's territory or a thing
considered to be a right) upon the powers confided to others. The arbitrary (of power or a ruling body,
unrestrained and autocratic in the use of authority) 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 ( intrusion on a person's territory, rights, etc.) 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 President
 JUDICIARY may declare unconstitutional laws passed by the Congress.
EXECUTIVE ORDER NO. 464
Executive Order No. 464 (popularly known as E.O. 464) is a controversial executive order issued in
the Philippines on September 26, 2005 by President Gloria Macapagal-Arroyo that prevents
cabinet members, police and military generals, senior national security officials, and "such other
officers as may be determined by the President" to attend congressional hearings unless the
President gives permission to those who will attend the said proceedings.

Justification by the Executive Branch

To justify the constitutionality of the decree, President Arroyo invoked "the constitutional guarantees
of the separation of powers of the Executive Branch, Legislative and Judicial branches of

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government" and cited Article VI Section 22 of the Philippine Constitution, which permits
department heads, cabinet members and other officials under the Executive Branch to appear
at congressional hearings with the consent of the President.

Supreme Court decision

On April 20, 2006, in a 52-page en banc decision at a session in Baguio, the Supreme Court of the
Philippines nullified (make legally null and void; invalidate) two sections of the executive order namely
Sections 2(B) and 3. These sections prohibit officials under the Executive Department from
appearing on hearings of Congress without the consent of the President. However, the
Supreme Court declared that Sections 1 and 2 are valid. This validity asserts the right of the
President to forbid executive officials from attending at the hour of question of the Senate and
the House of Representatives and the right to request for a closed-door session if the "security of
the state or the public interest so requires."

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