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PPG Legislative Branch

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tasteigorot6
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Philippine Politics and Governance 11

Roles and Responsibilities of the Philippine Senate and House of Representatives

MELC: Differentiate the roles and responsibilities of the Philippine Senate and the House of Representatives

THE LEGISLATIVE BRANCH OF G0VERNMENT


Article 6, Section 1 of the Constitution provides:“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 – The power or competence of lawmaking, the framing and enactment of laws. It is reflected
through the adoption of a bill, or a proposed or projected law, which once approved, becomes a statute. It is the power of
the legislature to enact, ordain, alter or modify, repeal or abrogate existing laws.
The legislative branch of the government is bicameral, composed of the senate (upper house) and the House of
Representatives (lower house).

The table shows the differences between the Senate and House of Representatives.

DISTINCTION SENATE HOUSE OF REPRESENTATIVE


Number 24 207 at Present
How members Senators a. district representative (Congressman/ Congresswoman)
are called b. Party- list representatives
How members Elected at large by qualified a. elected from legislative districts apportioned among the
are elected voters in the Philippines provinces, cities and the Metropolitan Manila area b. elected by
voting for the party-list a voter wants to be represented in Congress.
Term of office Six years continuing body Three years
Reelection Once Twice
Presiding officer Senate President Speaker of the House
Age Qualification At least 35 years old at the time At least 25 years old at the time of election
of election
Residence Resident of the Philippines for Resident in the district in which he shall be elected(District
qualification not less than two years Representatives) Resident of the Philippines (Party- list
immediately preceding the day representatives)
of election

It is important to know that the Senate and the House of Representatives are each composed of different committees.

Examples:
A senate committee is the Committee on Agriculture who has jurisdiction over all matters relating to agriculture,
food-production and agri-business, such as agricultural experimental stations, soil survey and conservation, animal
husbandry, fisheries and aquatic resources.

For the House Committee, an example is the Committee on Basic Education and Culture which is responsible in
dealing with all matters relating to preschool, elementary and secondary education, science high schools (except the
Philippine Science High School), teachers’ and students’ welfare, alternative learning systems and community adult
education, the national language, libraries and museums, and the preservation and enrichment of Filipino culture.

I. THE SENATE
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.Of the 24 Senators elected in the election in 1992, the first twelve obtaining the
highest number of votes shall serve for six years and the remaining twelve for three years. Study the table in order to
understand.
Year of election Who are elected? End of Term
1992 First twelve senators obtaining the highest number of votes 1998
1992 Last twelve 1995
1995 12 senators elected 2001
1998 12 senators elected 2004
2001 12 senators 2007

The twelve senators elected in 1995 served full term of six years. Those elected on 1998 will also serve full term
of six years. Those elected in 2001 will also serve the full term of six years and so on. What does this mean? It means that
every three years, starting from 1995, twelve senators will be elected every three years to serve full six years term (1995,
1998, 2001 and so on). In effect, the Senate is not completely dissolved. One half is retained as the other half is either
replaced or reelected every three years. This is in order to encourage the maintenance of Senate policies and guarantee
that there will be experienced members who can help train the newly elected in the discharge of their duties.

II. THE HOUSE OF REPRESENTATIVES


It is the lower house of the Congress of the Philippines. It is informally referred to as Camara or Kamara de
representate. The House of Representatives is composed of the district representatives (Congressman/Congresswoman)
and the Party-list Representatives.

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 (district representatives) 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.
The party-list representatives shall constitute twenty percent 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.
COMELEC shall prepare and publish a certified list of entities qualified to participate which shall be posted in all
voting booths on election day. Every voter shall be entitled to two (2) votes for the House of Representatives, as follows:
(a) a vote for a district representative; and
(b) a vote for the party he wants represented in the House of Representatives.
Because the voting will be at large, and not by sector, all votes obtained by a party regardless of constituency will
be tallied on a nationwide basis. The percentage of votes garnered by a party shall be computed in relation to the total
votes cast for the party-list nationwide.

ROLES /FUNCTIONS OF THE LEGISLATIVE DEPARTMENT

1. LEGISLATIVE INQUIRIES
The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of
legislation in accordance with its duly published rules of procedure. This is undertaken as a tool to enable the legislative
body to gather information and, thus, legislate wisely and effectively, and to determine whether there is a need to improve
existing laws or enact new or remedial legislation.
This enables the Congress to obtain information from the Department secretaries on the manner they are
implementing the laws it has enacted and also on matters that relates to pending legislation. This power carries with it all
necessary powers and proper for its effective discharge.
Example: the investigation conducted by the Blue-Ribbon Committee in connection with the procurement and
distribution of the Dengvaxia vaccine.

2. APPROPRIATION
Appropriation measure is defined as a statute the primary and specific purpose of which is to authorize the
release of public funds from the treasury. The Constitution provides that no money shall be paid out of the Treasury except
in pursuance of an appropriation made by law. The sum authorized to be released must be determinate, otherwise the
National treasurer will have no guide in the amount of fund to be released.
The Congress may not increase the appropriations recommended by the president for the operation of the
government because it is the President who knows more about the needed appropriations than the legislature. However,
the Congress is not prohibited from reducing the recommendations except for the Judiciary.If by the end of a fiscal year,
the Congress failed to pass the General Appropriations Bill (GAB) for the succeeding fiscal year, the GAB for the preceding
year shall be deemed re- enacted until a GAB is passed by the Congress.
3. TAXATION
It is inherent in the state to impose a charge or burden (tax) upon persons,properties, or rights to raise revenues
for the use and support of the government to enable it to discharge its appropriate functions. It is the process or means by
which the sovereign, through its law-making body, raises income to defray the necessary expenses of government. It is a
method of apportioning the cost of government among those who, in some measure, are privileged to enjoy its benefits
and must therefore bear its burdens. Without which, the government will have no fund to provide for the needs of its
people.

4. CONCURRENCE
The Constitution requires the agreement of the Congress to an amnesty.No treaty or international agreement shall
be valid and effective unless concurred in by at least two– thirds of all the members of the Senate. The congress can revoke
the presidents’ proclamation of Martial law by a vote of at least majority of the members of all the members of the
Congress.

5. WAR POWERS
Article VII, Section 23(1) of the Constitution states that the Congress by vote of two- thirds of both Houses in joint
session assembled, voting separately, shall have the sole power to declare the existence of a state of war. Note here that a
war has already begun or provoked by the enemy and the existence of which we are only affirming. We are not the
aggressor, but merely reacting to the aggression. This is consistent with the provision of the Constitution that the
Philippines renounces war as an instrument of national policy and adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations.

6. AMENDMENT/REVISION POWER
Any amendment or revision of the constitution may be proposed by the congress, upon a vote of three- fourths of
all its members. The congress by a vote of 2/3 of all its member may also call for constitutional convention. Amendment is
an alteration of one or a few specific provisions of the Constitution. Its main purpose is to improve specific provisions of
the Constitution. The changes brought about by amendments will not affect the other provisions of the Constitution. On the
other hand, Revision is the examination of the entire Constitution to determine how and to what extent it should be
altered. A revision implies substantive change, affecting the Constitution as a whole.

7. EMERGENCY POWERS
The state may during the emergency and under reasonable terms, temporarily take over or direct the operation of
any privately-owned public utility or business affected with public interest. However, this power can be delegated by
Congress to the President. During a period of National emergency, the Congress may grant the President emergency
powers subject to these conditions:
 that there is war or other national emergency
 the grant is for a limited period
 subject to restrictions as congress may provide
 must be exercise to carry out a declared national policy
Example: When the Senate approved the bill “Bayanihan to Heal as One Act”granting President Rodrigo Duterte the
necessary and proper powers to adopt several “temporary emergency measures” during the effectivity of the act to deal
with the coronavirus disease (COVID-19) outbreak. It states that the president may direct the operation of any privately –
owned hospitals and medical and health facilities to house health workers, and serve as quarantine areas.

BODIES COMPOSED OF THE MEMBERS OF THE CONGRESS

I. THE COMMISSION ON APPOINTMENTS


There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio (by virtue of
one's office) 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. The Commission on Appointment meet only during sessions
of the Congress. The president must clear his nominations with the Commission on Appointments while the Congress is in
session. The president can however make an appointment (Ad interim) when Congress in not in session(recess), but
subject to consideration later by the Commission, whether to confirm or reject the ad interim appointment made by the
President.

2.THE ELECTORAL TRIBUNAL


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 the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman. The
jurisdiction of the Electoral Tribunal only begins after a candidate has become a member of the Senate or House of
Representatives or Senate.

3. THE JUDICIAL BAR COUNCIL (JBC)


The JBC is composed of justices and a representative of the Congress as an ex- officio (by virtue of one's office)
member. The JBC shall have the principal function of recommending appointees to the judiciary. It may exercise other
functions and duties as the Supreme Court may assign to it.

ANALYSIS OF THE DIFFERENT ROLES OF THE SENATE AND HOUSE OF REPRESENTATIVES


The Senate and House of Representatives sometimes function as one as in the case where:
1. the Congress has to convene and may by majority vote of all its members voting jointly, revoke the president’s
proclamation of Martial Law.
2. The Congress, upon a vote of three-fourths of all its Members may propose amendment to, or revision of, the
Constitution. However, in some instances, although both houses are involved, the function of each differ. Let us look into
their role differences.
Power Role of the Philippine Senate Role of the House of Representatives
Impeachment of tries and decides on all the cases and initiates all cases of impeachment by: (a) a verified complaint
impeachable officials convicts the impeachable officers by a for impeachment filed by any Member of the House of
such as: President, Vice vote of 2/3 of all its members (Section 3 Representatives; (b) a verified complaint filed by any citizen
President, Chief Justice, (6) upon a resolution of endorsement by any Member thereof; or
Ombudsman (Philippine (c) a verified complaint or resolution of impeachment filed by at
Constitution, Article XI) least one-third (1/3) of all Members of the House. (Section 3(1-
4)
Impeachment is a constitutional process of removing public servants from office as an assurance against
abusive officials in the country. The object of impeachment is solely to determine whether or not the official
is still worthy of the trust conferred upon him/her.
Passage of a Bill Article Can introduce any bill Senate bill Can introduce any bill House bill
VI (Section 26- 27) May propose or concur with amendments Exclusively originates in the lower house 1. Appropriation 2.
revenue or tariff bills 3. bills authorizing increase of public debt
4.private bills – illustrated by a bill granting honorary
citizenship to a distinguished foreigner
Electoral Tribunal Senate Electoral Tribunal (SET) sole House of Representatives Electoral Tribunal (HRET) sole judge
Article VI (Section 17) judge of all contests relating to the of all contests relating to the election, returns, and qualifications
election, returns, and qualifications of the of the Members of the House of Representatives
Members of the Senate

HOW A BILL BECOMES A LAW


Bills are laws in the making. They pass into law when they are approved by both houses and the President of the
Philippines. A bill may be vetoed by the President, but the House of Representatives may overturn a presidential veto by
garnering a 2/3rds vote. If the President does not act on a proposed law submitted by Congress, it will lapse into law after
30 days of receipt. Take note of the different roles of the Philippine Senate and House of Representatives in the enactment
of Laws.

PROCEDURE IN THE APPROVAL OF A BILL


1. A bill is introduced by any member of the House of Representatives or the Senate.
2. First Reading – involves only a reading of the number and title of the measure.
3. Referral to Appropriate Committee – Immediately after the First Reading, the bill is referred by the Senate President
or the Speaker of the House to the proper committee or committees for study and consideration. The bill may “die” in the
committee or may be recommended for approval, with or without amendments.
4. 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,
debated upon, scrutinized and amended.
5. Printing and Distribution – After approval of the bill on Second Reading, the bill is then ordered printed in its final
form and copies of it are distributed among the members of the House at least three days before the third reading.
6. Third Reading – the members merely register their votes and explain them if they are allowed by the rules.
7. Referral to the Other House – If approved, the bill is then referred to the other House where it will also undergo three
readings. If there are differences between the House’s bill and the Senate’s amended version, a conference committee of
members of both Houses will draft a compromise measure.
8. 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. A bill
may also become a law without the President’s signature if Congress overrides a presidential veto by two-thirds vote.

ACTIVITY. (Performance Task). WHOLE SHEET OF PAPER


Instructions: Study the situation below and do the activity required after the essay.

A. Analysis
From Cordillera ADMINISTRATIVE Region to AUTONOMOUS Region of Cordillera?
Cordillera Administrative Region (CAR) is composed of different Indigenous Cultural Communities such as,
but not limited to, Bontoc; Balangao, Isneg, Tinggian,, Kankanaey, Kalanguya, Karao, lbaloi, Ayangan, lfugao, Tuwali,
Kalinga and Applai . The Indigenous People’s Right Act of 1997 recognizes that one among the rights of the IPs/ ICCS
is SELF EMPOWERMENT AND GOVERNANCE. Recently, House Bill (HB) 7778 seeking to establish the Autonomous
Region in the Cordillera (ARC) which is the same as HB 5687 authored by all Cordillera congressmen for the creation
of the ARC was passed.

1. As a young Cordilleran, are you in favor that the Cordillera Administrative Region will become Autonomous
Region of Cordillera? Why?
2. Based on your reading on how a bill becomes a law, what hindered the past House Bills regarding the
establishment of Autonomous Region from becoming a law?

B. SOPA (State of the Province Address)!


Do an informal research about the achievement of Benguet’s Congress representative, Hon. Eric Go Yap from
the start of his term util the present as congressman of our province. Make atleast 10 achievements.

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