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Composition

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11 views2 pages

Composition

Uploaded by

Kent Ruel Delastrico
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Composition

See also: Philippine senatorial elections

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.

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. There had been three instances where the SET
has replaced senators due to election protests, the last of which was in 2011 when the tribunal awarded
the protest of Koko Pimentel against Juan Miguel Zubiri.[2]

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.

Organization

Under the Constitution, "Congress shall convene once every year on the fourth Monday of July for its
regular session...". During this time, the Senate is organized to elect its officers. Specifically, the 1987
Philippine Constitution provides a definite statement, to it:

The Senate shall elect its President and the House of Representatives its Speaker by a vote of all its
respective members.

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

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