10.

Structures of The Philippine

Government
 Legislative Department

From the Latin Lex, Legis meaning Law

The Legislative branch broadly deals with

the making deliberation over, enactment,
amendment, and repealing of laws.
 Advantage of Bicameral
Congress
• One of the greatest arguments for this form
of legislation is the security it affords the populace.
Two levels of government, elected in different ways,
should mean that more views of the electorate are
represented at higher levels. It also means that less than
scrupulous governments should not (ideally) be able
push through legislation against the will of the people. It
also means that vigorous debate on any
proposed legislation should mean that any laws passed
have been subject to stringent review and revision to
make them practical and workable for the benefit of all.
 Disadvantage

• The main disadvantage often stated against bicameral

legislature is the amount of time it takes for legislation to be
passed through each chamber to become law. Many
people feel that two chambers debating the same topic
delays the lawmaking process and is a waste of resources
and money and this has led to dissatisfaction with the
system. Furthermore, others have complained that in some
circumstances, such as the proposal on whether hereditary
peers should be allowed in the House of Lords, a bicameral
system is ineffective as the House of Lords is unlikely to
vote for the abolition of so many of its hereditary members
and the benefits that go with that.
 Advantage of Unicameral
Congress
• 1) Proposed legislation can be enacted
more rapidly, since bills don't have to be
reconciled by two chambers.
2)Since only one body is responsible for
legislation, there is greater transparency.
• u and accountability
3)It's easier and cheaper to maintain a
legislature with only one chamber and thus
fewer representatives
 Disadvantage of Unicameral
Congress
1) A smaller legislature means a weaker power check on
the executive.
2) Without the check and balance that a second
chamber would provide, a unicameral legislature often
has difficulty hindering the passage of flawed legislation
3) A unicameral legislature doesn't effectively
accommodate the vast and diverse constituencies that a
large nation has, thus unicameral systems are typically
only found in smaller and more culturally homogenous
nations.
 The Philippine Congress is the country’s
legislative dept(art.VI, sec. 1)congress is
bicameral

• Upper House – Senate

• Lower House – House of Representatives
 Senate

• Composition
• 24 Senators elected at large
• Qualification
• Natural born citizen
• At least 35 yrs old on election day
• Registered voter
• Phil. Resident for 2yrs prior to election day
• Term of Office
• 6 yrs
• Maximum: 2 terms
 House of Representative
• Composition
• 200 district representative
• 50 party list
• Qualification
• Natural born citizen
• At least 25 yrs old on election day
• Literate(can read and write)
• Registered voter of the district
• District resident for 1yr prior to election day
• Term of Office
• 3 yrs
• Maximum: 3 terms
 Parliamentary Privileges

A member of Congress enjoys two parliamentary privileges as

provided for in the following provision.

Sec. 11. A Senator of Member of the House of Representatives shall, in

all offenses punishable by not more than six years imprisonments, 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.
1. Privilege from Arrest. The purpose of this privilege id to ensure
continuous representation of the constituents of the member of
Congress that he may be prevented from attending sessions if he
has committed civil and criminal offenses punishable by not more
than six years imprisonment. But exception applies if:
a. The offense committed is punishable by more than 6 years
imprisonment such as murder and rape.
b. Congress is no longer in session.
2. Privilege of Speech and Debate. The purpose of this privilege is
to encourage full discussion of public matters that
may aid in legislative functions.
PROHIBITIONS AGAINST MEMBER OF CONGRESS
There is new provision in the 1987 Constitution that is intended to
prevent of members of Congress to use their position in furtherance of
their business interest.
 Five Prohibitions (against members of Congress)

1. 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. (Sec. 13)
2. 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. (Sec. 13)
3. No Senator or Member of the House of the Representatives may
personally appear as counsel before any court of justice or
before Electoral Tribunals, or quasi-judicial and other
administrative bodies. (Sec. 14)
 Incompatible and Forbidden Offices

Incompatible Offices. This prohibition is to maintain the

separation of powers and to make members of Congress
devote their full time in law making.
Forbidden Offices. The purpose of the prohibition is to
prevent trafficking in public office in which legislators who
are not sure of re-election may pass laws to create new
government office or increase the emoluments of an
office and later work for their appointment in that office.
 Functions of Congress

The first and foremost

functions of congress is to
legislate, that is to make,
repeal or alter laws.

-Article VI(Legislative
Department)
 A. Electoral Functions

“The Senate and The House of Representative shall each have an

Electoral Tribunal, which shall be the sole judge of all contests
relating to elections, returns and qualifications of their respective
Members.
- Electoral Tribunal = 9 Members
*3 = Justices of Supreme Court(Chief Justice)
*6 = Members of the Senate/House of Rep.
As the case maybe, who shall be chosen on the basis of
proportional representation from the political parties, and the parties
registered under the party-list system represented therein. The
senior Justice in Electoral Tribunal shall be its Chairman.”

(-Section 17)
 2 Components of Electoral
Tribunal Members
• A. Legislative Component of six Members of the House
who are chosen on the basis of proportional
representation from the political parties and the parties
under the party-list system.
Example:
Senate = 13, 7, 4 members
The first 13 members shall have 3 representative
in Electoral Tribunal, the second and the two will have
one.
B. Judicial Component of 3 Justices of the
Supreme Court to be chosen by the Chief Justice.
Whoever is the most senior of the three will be the
Chairman of the Electoral Tribunal.
 Electoral Functions

“The returns of every election for President and Vice-

President duly certified by the board of canvassers of each
province or city, shall be transmitted to the Congress,
directed to the President of the Senate. The President of
the Senate shall, not later than 30 days of after the day of
election, open all the certificates in the presence of the
Senate and the House of Representatives in joint session,
and the Congress, upon determination of the authenticity
and due execution thereof in the manner provided by the
law, canvass the votes.”
 The person having the highest member of votes
shall be proclaimed elected, but in case two or
more shall have an equal and the highest number
of votes, one of them shall forthwith be chosen by
vote of a majority of all the Members of both
Houses of the Congress, voting separately.
The Congress shall promulgated its rules for the
canvassing of the certificates.
(Article VII, Section4, paragraph 4 and 5)
The End
 Executive Functions

Section 18 provides limitation on the power of the executive on its appointing

power. It declares that:

“ 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 or organizations
registered under the party-list system represented therein. The Chairman of
the Commission shall not vote, except in the case of a tie. The Commission
shall act of the Congress from their submission. The Commission shall rule by
a majority of all the Members exercise powers necessary and proper to carry
out a declared national policy. Unless sooner withdrawn by resolution of the
Congress, such powers shall cease upon the next adjournment thereof”
From the wordings of Section 23 (2), there are conditions that must be
satisfied in the granting of emergency powers to the President.
 The emergency powers must be given only during the existence of a
war or national emergency ( such as economic crisis).
 The authority to exercise emergency powers will be granted by a law
enacted by Congress.
 The exercise of emergency powers is in pursuance of a declared
national policy ( such as maintenance of peace and order, fostering
economic development).
 The exercise of emergency powers by the President must be for a
limited period fixed by the law itself ( during the duration of the war or
the national emergency only).
 The exercise of emergency powers will cease upon withdrawal or
revocation sooner by a joint resolution of Congress fit or upon the next
adjournment of the next session
 Investigative Functions

- is for the purpose of gathering vital information that will be helpful for
a legislation being presently considered or may be considered.

Section 21.
The Senate or the House of Representative or any of its
respective committees may conduct inquiries in aid of legislation in –
accordance with its duly published rules of procedure. The rights of
persons appearing in or affected by such inquiries shall be respected.
 Judicial Functions

- Refers to what is known as impeachment.

Impeachment
- the process of removal of a government official on
grounds stated in the constitution and according to its
outlined procedures

- the formal accusation of a crime.

Article XI - section 2

 The President
 Vice-President,
 the Members of the Supreme Court
 the Members of the Constitutional Commissions
 the Ombudsman

may be removed from office, on impeachment for, and conviction

of, culpable violation of the Constitution, treason, bribery, graft and
corruption, other high crimes, or betrayal of public trust.  All other
public officers and employees may be removed from office as
provided by law, but not by impeachment.
The grounds for impeachment are:

 Culpable violation of the Constitution

 Treason
 Bribery
 Graft and Corruption
 Betrayal of public trust
 Other high crimes
Financial Functions

Congress is said to wield the power of the purse. This

power is an exclusive power of Congress and one
of its legislatives power. That is why Article VI,
Section 24 states that,

“All appropriation, revenue or tariff bills, bills

authorizing increase of the public debt, bills of local
application, and private bills, shall originate
exclusively in the House of Representatives, but the
Senate may propose or concur with amendments.”
Appropriation bill
• Is the statute or law the primary or specific
purpose of which is to authorize the release
of public funds from the national treasury.
This is simply the law passed by Congress
that allots funds for the expenditures of
government.
Two types of Appropriation bill
a. General appropriation
• It is commonly known as the national budget. It is
passed annually to set aside the funds for the
general operation of the government for one fiscal
year.
b. Special appropriation
• It is the law that set aside funds for a specific
purpose. (e.g. funds that will supplement the
budget of the military of the war in Mindanao or
funds the relief of typhoon victims).
Revenue bill
• is the law that is specifically intended to
raise money or revenue for the
government through imposition or
levy(taxes).

Tariff bill
• is the law that imposes custom duties for
revenue purposes on imported goods.
 Constitutional Limitations on the
Power of Congress to Appropriate

Section 25. (1) The Congress may not

increase the appropriations recommended
by the President for the operation of the
Government as specified in the budget.
The form, content, and manner of
preparation of the budget shall be
prescribed by law.
(2) No provision or enactment shall be embraced in the general
appropriations bill unless it relates specifically to some particular
appropriation therein. Any such provision or enactment shall be
limited in its operation to the appropriation to which it relates.

(3) The procedure in approving appropriations for the Congress

shall strictly follow the procedure for approving appropriations for
other departments and agencies.

(4) A special appropriations bill shall specify the purpose for which
it is intended, and shall be supported by funds actually available as
certified by the National Treasurer, or to be raised by a
corresponding revenue proposal therein.
(5) No law shall be passed authorizing any transfer of
appropriations; however, the President, the President of the
Senate, the Speaker of the House of Representatives, the
Chief Justice of the Supreme Court, and the heads of
Constitutional Commissions may, by law, be authorized to
augment any item in the general appropriations law for their
respective offices from savings in other items of their respective
appropriations.

(6) Discretionary funds appropriated for particular officials

shall be disbursed only for public purposes to be supported by
appropriate vouchers and subject to such guidelines as may be
prescribed by law.
 Congress cannot increase the national
budget submitted by the executive for this
approval. This is so because, it is believed
that the President who prepares he budget
is more knowledgeable on what needed
appropriations.
Section 29. (1) No money shall be paid out of
the Treasury except in pursuance of an
appropriation made by law.
Normally, the budget is submitted to Congress as early
as the first quarter of the year and it is expected to
be passed before the end of the calendar year,
however if for whatever reason , Congress fails to
pass the budget Section 25 (7) shall apply.
Section 25. (7) If, by the end of any fiscal year, the Congress
shall have failed to pass the general appropriations bill for
the ensuing fiscal year, the general appropriations law for
the preceding fiscal year shall be deemed re-enacted and
shall remain in force and effect until the general
appropriations bill is passed by the Congress.
The power of taxation is vested in the legislature. Taxes are
the lifeblood of the nation. Without revenues, government is
inutile. The power to tax is primarily to raise revenue but it is
also a very potent tool of government that can be used to
advance economic and social policy.
a. It is tool to regulate property such as imposing
taxes for luxury cars.
b. It is a tool that can be used to destroy such as
imposing high taxes to operation of casinos and
nightclubs that it would render unprofitable to
operate one.
c. It is also a tool to protect our local industries.
Imposing high tariff to imported goods that enter
the country will protect our local goods from unfair
competition.
However, there is constitutional limitation to tax:

Section 28. (1) The rule of taxation shall be

uniform and equitable. The Congress shall
evolve a progressive system of taxation.
(2) The Congress may, by law, authorize the
President to fix within specified limits, and subject to
such limitations and restrictions as it may impose,
tariff rates, import and export quotas, tonnage and
wharf age dues, and other duties or imposts within
the framework of the national development program
of the Government.
(3) Charitable institutions, churches and
personages or convents appurtenant thereto,
mosques, non-profit cemeteries, and all lands,
buildings, and improvements, actually, directly, and
exclusively used for religious, charitable, or
educational purposes shall be exempt from taxation.

(4) No law granting any tax exemption shall be

passed without the concurrence of a majority of all the
Members of the Congress.
Limitations on Legislative Power of
Congress

1. Procedural. These are the required

processes or steps in statute making

a. Sec.26 (2) No bill passed by either House

shall become a law unless it has passed
three readings on separate days, and printed
copies thereof in its final form have been
distributed to its Members three days before
its passage. . .
b. “Upon the last reading of a bill, no amendment thereto
shall be allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and nays entered
in the Journal.” (Sec. 26 (2))

c. “ All appropriation, revenue or tariff bills, bills authorizing

increase of the public debt, bills of local application, and

d. private bills, shall originate exclusively in the House of

Representatives, but the Senate may propose or concur
with amendments. (Sec. 24)
2. Substantive. These refer to the
substance of the law itself.
a. Congress cannot pass irrepealable laws. A law
must be changed to suit demands of the times.
b. Congress cannot pass ex post facto law or bill
of attainder (Art.III Sec. 22).
c. Congress may not increase the appropriations
recommended by the President for the
operation of the Government as specified in
the budget (Sec. 25 (1)).
d.  Every bill passed by the Congress shall embrace only
one subject which shall be expressed in the title
thereof. (Sec.26 (1)).
e. No public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly, for the
use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of
religion, or of any priest, preacher, minister, other
religious teacher, or dignitary as such, except when
such priest, preacher, minister, or dignitary is assigned
to the armed forces, or to any penal institution, or
government orphanage or leprosarium. (Sec. 29 (2))
f. No law shall be passed increasing the
appellate jurisdiction of the Supreme
Court as provided in this Constitution
without its advice and concurrence. (Sec.
30)

g. No law granting a title of royalty or nobility

shall be enacted. (Sec. 31)
Inhibitations and
Disqualifications
• The third prohibition prevents • The fourth prohibition is for a
appearance of legislators who member of Congress not to be
are layers before any courts of financially interested into
justice and quasi-judicial entering in any contract with
bodies like the National Labor the governments or any of its
Relations Commissions. This instrumentality. This prohibition
is to prevent any influence on is intended to prevent abuses
the judges of these courts or by a member of Congress to
heads or members of these exert pressures for a
bodies by a member of concession on financially
Congress who with his rewarding contracts with
available power may dispense government to the
reward or punishment to the disadvantage of legitimate
judge deciding a case. contractors
• The last prohibition refers to the intervention, say for
a private firm, of any member of Congress in any
matter before any office of government that he may
derive pecuniary (financial) benefits. This prohibition
of legislator, no personal benefit will be accrued to
him.
Sessions of Congress
Regular Session Special Session
• It is held once every year • It is called by the President
starting on the 4th Monday when the legislature is in
of July, unless a different recess to consider urgent
date is fixed by law, and bills or matters which
shall continue for a number Congress fails to finish
of days as Congress may within the regular session.
determine up to thirty days The number of days for the
(recess) before the start of special session is up to the
the next regular session, discretion of Congress to
exclusive of Saturdays, include subjects it may
Sundays and legal holidays. consider aside from the
subjects the president
designated in his
proclamation.
• Usually, the session of Congress are open to the
public. However, there are cases in which Congress
conduct closed door. Meetings of any of its
committees. These are called executive sessions
where the attendance is limited only to the members
of the committee conducting the meetings and a few
staff. An executive session is held if the matters to
be discussed involve national security.
Officers of Congress

• The head of the Senate is the Senate President while

the Speaker of the House heads the House of
Representatives. They are elected by a majority vote
of all its respective members and usually nominated
by the majority party (Sec. 16(1). They have no fixed
term and may be replaced anytime if the majority of
each chamber to desire. After the Senate President
and the Speaker of the House follows the Senate
President Pro Tempore, the Speaker Pro Tempore, the
majority and the minority floor leader, the chairmen of
the various standing and special committees.
• Majority floor leader comes from the political party who
has the greater number of elected legislators while the
minority floor leader is selected from the political party
which has the minority number and takes the role of
the opposition. Every Senator or Representative
belongs to different standing committees or special
committees either as chairman or members. The
distribution and assignment of chairmanship of every
committee is controlled by the majority party while its
membership is based on proportional representation
from the majority and minority parties.
Quorum

• Sec. 16 (2) states that “ a majority of all the members of each

house constitutes a quorum to do business”
• Quorum refers to any number sufficient to transact business.
Majority here refers to fifty percent of the membership plus
one. In the absence of a quorum, Section 16 (2) provides that
the smaller number of members can adjourn from day to day
and compel the attendance of absent members in such
manner and under such penalties, each House may provide.
In that case, the smaller number of members in each house
may temporarily designate an acting Senate President as the
case may be and issue orders a to compel attendance of
other members according to the Rules of Proceeding, each
House has adopted.
Rules of Proceedings and
Discipline of Members
• Rules of proceedings are the rules adopted by each
house to regulate the mode and manner of
conducting its business. Commonly called House
Rules, it is important to ensure the smooth and
orderly business of the House.
• In case of Disorderly behavior, which each house
defines, it can suspend a member for 60 days or
expel a member after a vote of two-thirds of all its
members (see Sec. 16 (3). Hence, a member of
Congress can be remove before the expiration of his
term by expulsion.