MODULE II

PHILIPPINE GOVERNMENT: POWERS

AND FUNCTIONS

Lesson 1 The Legislative Branch

Lesson 2 The Executive Branch

Lesson 3 The Judicial Branch

Lesson 4 Local Governments

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MODULE II

POWER AND FUNCTIONS OF THE GOVERNMENT

 INTRODUCTION

This module walks you through the different branches of the

Philippine government under a unitary and presidential form.

OBJECTIVES

After studying the module, you should be able to:

1. Explain the distinctions among legislative, executive, and judicial

power.
2. Discuss the composition of the each of the legislative, executive
and judicial branches of the government.
3. Cite the powers and functions allocated to each government
branch.

 DIRECTIONS/ MODULE ORGANIZER

There are four (4) lessons in the module. Read each lesson carefully
and answer the exercises/activities required at the end of the lesson.
Submit your outputs on the scheduled face-to-face meeting.

In case you encounter difficulty, you may contact me via FB

messenger or send your queries at mancheta@dmmmsu.edu.ph.

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Lesson 1

THE LEGISLATIVE
BRANCH

The Legislative Branch

Legislature is a body of persons, usually elective, empowered to

make, change, or repeal all laws of a country or state. The legislature
determines and prescribes the general rules that govern the relations of the
people among themselves or between them and the government and its
agencies. Moreover, this body also defines the rights and duties of citizens,
imposes taxes, appropriates funds, defines crimes and prescribes their
punishment, creates and abolishes government offices and determines their
jurisdiction and function through their written enactments called laws.

Types of Legislature

There are several types of legislative bodies established by different

countries:
1. unicameral
2. bicameral
3. multi-cameral

Unicameralism is the practice where there is only one legislative

chamber. Because there is only one legislative chamber, proponents of this
system believe that this system offers simple and fast action in deliberating
legislative measures. This is also more economical to maintain as there are
fewer institutions to support and maintain. The most populous (China) and
the least populous (Vatican City) states in the world practice the unicameral
system of government.

Bicameralism is the practice where there are two legislative bodies.

Advocates of the bicameralism claim that this system is less susceptible to
bribery and control of big interests because the members of another
chamber can check the other chamber. Hasty and ill-considered legislation
passed by the first chamber can therefore be checked, modified or rejected
by the other chamber. The United States and the Philippines operate under
this system.

Multicameralism is the practice where there are more than two

chambers. In 1983, the apartheid government of South Africa provided for a
tricameral legislature perceived to be race-based. They were the House of
Assembly - reserved for the whites; the House of Representatives - reserved
for the colored or mixed race; and the House of Delegates - reserved for the
Asians. That tricameral legislature was controversial and was not
particularly strong.

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The Philippine Legislature

The Philippine Legislature, otherwise known as the Congress of the

Philippines, is composed of two houses: The Senate and the House of
Representatives.

Lodged in these two houses is the legislative power or the power to

make, alter or repeal laws. Section 1, Article VI, of the 1987 Constitution
states that: “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.”

The Senate

Composition

The Senate is composed of 24 Senators who are elected at large by

the qualified voters of the Philippines nationwide (Art. VI, Sec. 2). ‘Elected
at large’ means that the senators are voted upon by the entire national
electorate.

Qualifications. The qualifications of a senator are the following (Art.

VI, Sec.3):
 Natural-born citizen
 At least 35 years old on the day of the election
 Able to read and write
 A registered voter
 A resident of the Philippines for not less than 2 years
immediately preceding the day of the election

Natural-born citizens are those who are citizens of the Philippines

from birth without having to perform any act to acquire or perfect their
Philippine citizenship. Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon reaching the age of majority
are deemed natural-born citizens.

The age qualification is very clear. A candidate must be 35 years old

on the very day of the elections, that is, when the polls are opened and the
votes are cast, and not on the day of the proclamations of the winners by
the board of canvassers.

Residence is defined as the place where one habitually resides and to

which, when he is absent, he has the intention of returning (Lim vs. Pelaez,
Electoral Case No. 35, HET). For those running in the Senate, the residence
to them is in any part of the Philippines.

All of the qualifications set in Section 3, Article VI of the 1987

Constitution are continuing requirements. They must be possessed for the

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entire duration of the member's incumbency. Thus, if one was naturalized in

a foreign country during his term, he shall cease to be entitled to his seat.
Moreover, the Congress cannot change the qualifications set forth by just
passing an ordinary statute, no matter how relevant they may be. It requires
a call for an amendment of the Constitution for any change that would be
effected in the qualifications.

Term of Office

The term of office of the senators is 6 years and shall commence at

noon on the 30th of June following their election. They can be reelected for
another 6 years but they cannot serve for more than 2 consecutive terms
(Art. VI, Sec. 3-4).

Voluntary renunciation of office for any length of time shall not be

considered an interruption in service for the full term for which he was
elected (Art. VI, Sec. 3-4).

One thing though that the Constitution specifically provides is no

senator is to serve for more than two consecutive terms. The senator
therefore can serve no more than 12 years in the Senate. This constitutional
prohibition is intended to encourage other political aspirants and discourage
the creation and maintenance of political dynasties

The House of Representatives

Composition

The Constitution states that the House "shall be composed of not

more than 250 members, unless otherwise fixed by law," who shall be
elected from legislative districts and party-list or sectoral groups. The
party-list representatives shall constitute twenty per cent (20%) of the total
number of representatives including those under the party list.

At the time of the ratification of the constitution, there were 200

districts, leaving 50 seats for sectoral representatives. Since 1987, more
legislative districts were created by Congress and more party-list groups
were accredited by COMELEC and have won seats in Congress. Thus, the
total number of congressmen and women has increased. The Constitution,
however, limits the total number of party-list or sectoral representatives to
only 20 percent of the number of representatives in Congress (Art. VI, Sec.
5). In the 18th Congress, there are a total of 305 seats with 61 seats for
sectoral representatives.

A district representative is elected to Congress if he or she garnered

the highest vote in the district. A party-list congressman or woman is
elected in Congress if after being nominated by the party-list group s/he got
at least 3% of the total votes of all districts nationwide. This can increase to
2 or 3 seats for the party-list if it gets more votes throughout the country.

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Qualifications

District Representatives
 Natural – born Filipino citizen
 At least 25 years of age on the day of election
 Able to read and write
 A registered voter in the district in which he shall be elected
 A resident thereof for a period of not less than 1 year
immediately preceding the day of election

Party-list Representatives
 Natural-born Filipino citizen
 A registered voter
 A resident of the Philippines for a period of not less than one
year immediately preceding the day of election
 Bona fide member of the party or organization which he seeks
to represent for at least 90 days preceding the day of the
election
 At least 25 years of age on the day of election

Term of Office

The term of office of House representatives is 3 years. But they

cannot be elected for more than 3 consecutive terms. Thus, the maximum
number of years for a congressman or woman is 9 years. After a break of
one term or 3 years, they can be eligible again for another 3 more 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 or she was elected (Art. VI, Sec. 7). Thus, if a
representative resigns two days after being elected for a third term, his or
her third term is deemed completed and therefore ineligible to run for the
next election.

Parliamentary Immunities

There are two kinds of privileges that every member of the Congress
enjoys, to wit: immunity from arrest and privilege of speech and debate.

Immunity from Arrest

Intended to ensure representation of the constituents of the members

of the Congress by preventing attempts to keep him from attending its
sessions, they shall not be arrested, while the Congress is in session, for
offenses that are punishable by not more than 6 years.

Session herein refers to the entire period from its initial convening
until its final adjournment. Thus, freedom from arrest can be enjoyed even
though the member is not attending the day-to-day meetings. However, this

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privilege cannot be used for offenses (civil or criminal) that are punishable
by more than 6 years, e.g. rape, murder.

In People vs. Jalosjos, the respondent who was found guilty of rape
and in detention was not freed on his claim of popular sovereignty and the
need of his constituents to be represented. Rather, it was ruled that for
crimes punishable by a penalty of more than 6 years, the members of the
Congress are not exempted from detention.

Privilege of Speech and Debate

This privilege enables the legislator to express views in the interest of

the public without fear of accountability to support his statements with the
usual evidence required in the court of justice.

There are 2 requirements in order that this privilege be availed. First,

the remarks must be made while the legislature is in session; and second,
they must be made in connection with the discharge of official duties. The
Supreme Court declared in Jimenez vs. Cabangbang, that the privilege
cannot be invoked by a legislator who had allegedly maligned the plaintiff in
an open letter to the President of the Philippines coursed through and
published in the newspapers. The finding was that he had written the letter
at a time when the Congress was in recess and in his private capacity only.
(Cruz, 2002).

Powers of the Congress

1. General Legislative Power. Congress has the general powers to

create laws which include the power to change or abolish the law.

2. Specific Legislative Powers. These are powers expressly

conferred by the Constitution to Congress. These include the
power of appropriation or determining the national budget of the
government, the power of taxation or to enact tax laws, or the
power of expropriation or to pass laws appropriating private
property for public use upon payment of just compensation.

3. Non-Legislative Powers. These powers do not directly relate to

enactment of laws but nevertheless are performed by Congress as
part of its obligations under the Constitution. These include (1)
the power to propose amendments to the constitution such as
calling a Constitutional convention for the revision of the Charter;
(2) the power to impeach impeachable officials such as the
President, Vice-President, the Ombudsman, the Chief Justice and
Commissioners of the constitutional bodies such as the COMELEC;
(3) the power to canvas votes for the President and Vice-
President; and (4) the power to declare the existence of a state of
war when our country is invaded by another country.

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4. Implied Powers. These are powers which are not expressly given
by the Constitution to Congress but which are implied from those
expressly granted. These include the power to (1) punish or
declare a person in contempt during or in the course of legislative
investigation, and (2) issue summons and notices in connection
with legislative inquiry or investigation. Without these powers,
Congress cannot punish people who disregard summons or notices
or disrupt legislative inquiry or investigation in aid of legislation.
Contempt powers include the power to imprison witnesses who
directly and indirectly show disrespect for legislative proceedings
of Congress.

5. Inherent Powers. These powers are inherent to the exercise of

legislative powers by Congress. To be able to perform its functions
orderly, Congress has the power to determine the rules of its
proceedings. In case of impeachment proceedings, the House of
Representatives and the Senate have enacted specific rules on
how to investigate and decide on how to remove impeachable
officials. The Constitution has expressly given Congress the power
to determine its own internal rules.

Legislative Power

Legislative power or the law making power starts from the time the
law is introduced by a lawmaker and effected through the adoption of a bill
which once approved becomes a statute or a law. In the Philippines, the
process formally begins from the time a bill is introduced by a member of
the House of Representatives or a Senator. Once approved by Congress, and
the President, the said bill becomes a law.

The Legislative Process: How a Bill Becomes a Law

A bill is a draft of a proposed law which may originate from the

Senate (Senate Bill or SB No. ___) or from the House of Representatives
(House Bill of HB No. ___) except appropriation, revenue or tariff bills, bills
authorizing increase of the public debt, bills of local application, and
private bills which must originate exclusively from the House of
Representatives.

The Constitutional requirements and limitations of the legislative

process is set forth in Article VI Sec. 26 and 27 of the 1987 Constitution. All
bills should embrace only 1 subject and shall pass through 3 readings before
its submission to the President for approval.

The legislative process is categorized into 3 major steps:

1. Preliminary Stage. A senator or congressman/woman identify the
legislative needs of the people through conduct of public hearings
and consultations. He/she then prepares a draft of the bill or
proposed law and file it with the Senate or House of

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Representatives as the case may be. When the draft becomes

final, the lawmaker sponsors it alone or with other senators or
congressmen/women as co-authors and files it in the Bill Section
of the Senate/House of Representatives in order to be calendared
for the First Reading.

2. Formal Stage. This is the stage where the bill undergoes 3

readings.

First Reading. The bill is formally introduced in the session hall

of the Senate/House of Representatives.
 The title and bill number is read
 The Speaker of the House or Senate President refers the bill
to the appropriate Committee
 The Committee will study the bill. It may conduct
legislative inquiry in aid of legislation. After evaluation, the
concerned Committee will submit a report.

Second Reading. This is the most important stage because the

bill will be subjected to scrutiny and deliberations.
 The title, number and text of the bill is read
 Debate takes place and amendments are introduced
 Members vote on the amendments
 The final copy of the bill will be printed and copies will be
distributed to all the members at least three days before
the Third Reading

Third Reading. At this stage, the bill is now presented to the

members of the Senate/House of Representatives in a plenary
session for approval.
 The title and bill number is read
 No further debate or amendment is allowed
 A vote on the bill is taken (yeas and nays shall be entered
in the Journal)
 The approved bill will be transmitted to the other House,
which will undertake the same procedures.
 If there is conflict between the versions of both Houses, the
Conference Committee/Bicameral Committee composed of
Representatives and Senators will meet to reconcile the
conflict. The Committee submits a report for consideration
and approval of both Houses. Amendment is allowed.
 Enrollment of the bill. When the bill is signed by the Senate
President and the Speaker of the House of Representative.

Final Stage. The enrolled bill is transmitted to the President

for his signature or approval. Upon receipt of the bill, the
President has 30 days to decide whether to approve it or veto it.

A bill may become a law under the following situations:

1. if the President approves it by signing it (express approval)

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2. If the President fails to act on it within 30 days from receipt

thereof (approval through inaction)
3. If the President vetoed it but the Congress overrides the
veto of the President. If the President vetoes a bill, he/she
must communicate his veto message to the House from
where it originated within 30 days from receipt thereof.
Congress may override presidential veto through two-third
vote (HOR and the Senate shall vote separately).

Examples of Bills that Lapsed into Law (Approval through Inaction)

The following are the specific steps being undertaken by the House of
Representatives. You may check their official website
www.congress.gov.ph for a more detailed presentation.
1. Preparation of the Bill
2. First Reading
3. Committee Consideration/Action
4. Second Reading
5. Third Reading
6. Transmittal of the Approved Bill to the Senate
7. Senate Action on the Approved Bill of the House
8. Conference Committee
9. Transmittal of the Bill to the President
10. Presidential Action on the Bill

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11. Action on Approved Bill

12. Action on Vetoed Bill

Other Powers of Congress

1. Article VI Section 17- As Electoral Tribunal, to try election cases

involving members of Congress (9 members: 3 SC Justices and 6 HOR
members/Senators)
2. Article VI Section 18 - To confirm Presidential appointments
(Commission on Appointments: Senate President, 12 Senators and 12 HOR
members)
3. Article VI Section 21 - To conduct inquiry in aid of legislation
4. Article VI Section 23 - To declare the existence of a state of war
5. Article VI Section 24 – To initiate appropriation measures (House of
Representatives) and to concur or reject appropriation version of the House
(Senate)
6. Article VI Section 29 (Power of Appropriation/Power of the Purse) –
the power to appropriate funds for government expenses
7. Article VII Section 19 - To concur to amnesty granted by the
President
8. Article VII Section 21 - To concur to treaties and international
agreements entered into by the President (Senate)
9. Article XI Section 3 (1) - To initiate impeachment proceedings
(House of Representatives)
10. Article XI Section 3 (6) - To try and decide impeachment cases
(Senate)

LEARNING ACTIVITY

1. Legislation requires extensive social and communication

skills and a full understanding of the legal process. The
1987 Constitution does not require any educational
qualification for members of Congress, it is enough that
they are able to read write. In 2013, the late Sen.
Miriam Defensor-Santiago proposed the inclusion of
college degree as a requirement for government
officials in the Constitution. In 2018, the Consultative
Committee to Review the 1987 Constitution (Con-com)
chaired by former Chief Justice Reynato Puno is keen on
requiring members of Congress to have a college degree
under the draft federal Constitution. The Con-com’s
subcommittee on structure on federal government
included the provision requiring members of the
Senate and House of Representatives to be college
degree holders or its equivalent “to improve the
quality of laws” (Ballaran, 2018). Do you agree? Why?
(10 pts)

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2. Read RA 10931 or the Universal Access to Quality

Tertiary Education Act so that, as a student of DMMMSU,
you will be fully informed of the law which provides for
free tuition and miscellaneous fees in public higher
education institutions (HEIs). After reading, answer the
following questions:
1.1. Write the full version of the following acronyms:
1.1.1. HEI
1.1.2. LUC
1.1.3. TES
1.1.4. CHED
1.1.5. TVET
1.1.6. SUC
1.1.7. UniFAST
1.1.8. TVI
1.1.9. TESDA
1.1.10. NHTS-PR

1.2. Who are eligible to avail of the free tertiary

education? (5 pts)

1.3. Who are ineligible to avail of the free tertiary

education? (5 pts)

1.4. Aside from the tuition, what other fees are

considered free? (5 pts)

3. Make/construct your own flowchart of the legislative

process discussed in this lesson. (20 pts)

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