Philippine Congress and Legislative Powers

Legislative Power and the Philippine Legislature

• The Philippine Legislature is bicameral, consisting of the Senate and the House of Representatives (with district and party-list).
• The legislative power is vested in the Congress of the Philippines.
• Congress is tasked by the Constitution to enact laws.
• The Constitution grants Congress the authority to propose, make, amend, and repeal laws as needed.
• Laws need to keep pace with current times. A law may be legal but not necessarily just if social or economic conditions change.
• Law is defined as written enactments by the legislature to regulate relationships between people or individuals and the government.

Structure and Composition

• The Philippine Legislature is bicameral.
• The Senate consists of 24 members.
• The House of Representatives has 250 members.
• Members are elected by qualified voters.

Advantages of Bicameralism

• A second chamber acts as a check on hasty or poorly considered legislation.
• It serves as training for future leaders.
• It provides for representation of both regional and national interests.
• It is less susceptible to bribery and influence from large interests.

Disadvantages of Bicameralism

• It has not effectively acted as a check on legislation.
• It doesn't guarantee better, more considered legislation.
• It leads to duplication of effort and legislative gridlock.
• Maintaining a bicameral system is more expensive.
• High senatorial election costs empower wealthy candidates.

Powers of Congress

• Appropriation
• Taxation
• Revoke or extend suspension of habeas corpus
• Declare war
• Legislative investigation
• Concur in presidential amnesties
• Remove impeachable officials
• Act as Board of Canvassers in Presidential Elections
• Confirm presidential appointments and nominations

Classification of Powers

General Legislative Power

• The power to enact laws.
• The rules of conduct governing relationships among individuals and the state.

Specific Powers

• Choosing the President in case of a tie.
• Confirming presidential appointments.
• Declaring war.
• Imposing taxes.
• Appropriating funds.
• Acting as a constituent assembly.

Implied Powers

• Conducting inquiries and investigations to aid in legislation.
• Punishing contempt.
• Determining its own rules of procedure.

Inherent Powers

• Power of taxation
• Power of eminent domain
• Police Power

Power of Taxation

• The 1987 Philippine Constitution mandates uniform and equitable taxation.
• Congress must establish a progressive system of taxation.
• The system should be based on the taxpayer's ability to pay.

"Eminent Domain"

• Also known as condemnation.
• The power of local, state, or federal government entities to take private property for public use.
• This must be accompanied by just compensation.
• The government can exercise power even if the owner does not wish to sell.

Police Power

• The government can restrict or infringe upon property rights to protect the public welfare.

A. Constitutional Powers

• Enacting laws
• Amending/repealing laws
• Revoking/extending martial law
• Confirming appointments
• Concurring in amnesty proclamations
• Appropriations
• Taxation
• Impeachment
• Legislative inquiry
• Declaring war

Power of Appropriation

• The power of the purse or spending power.
• Allocating tax money for public spending.
• The authority to appropriate funds.

Power to Declare the Existence of War

• Requires a two-thirds vote of both houses of Congress.
• Voting must take place separately in each house.

Power to Remove Impeachable Officials

• House of Representatives has exclusive right to initiate impeachment proceedings.
• House of Senate has sole authority to try and decide all cases of impeachment.

B. Electoral Powers

• Power to canvass and proclaim results of Presidential and Vice-Presidential Elections.
• Power to Call special elections

C. Constitutional Powers Related to Public International Law

• Power to ratify treaties and international agreements

D. Concurrent and Implied Powers

• Power to delegate
• Police Power
• Power to define and punish crimes

Qualifications of Members of Congress

Qualifications of a Senator

• Natural-born citizen of the Philippines.
• At least 35 years of age.
• Able to read and write.
• Registered voter.
• Resident of the Philippines for at least two years.

Qualifications of a Representative

• Natural-born citizen of the Philippines.
• At least 25 years of age.
• Able to read and write.
• Registered voter in a district.
• Resident of the Philippines for at least one year (except for party-list representatives).

Modes of Acquiring Citizenship

• By birth (Jus Sanguinis and Jus Soli)
• Involuntary
• Voluntary

Term of Office

• Senator: 6 years, 2 consecutive terms.
• Representative: 3 years, 3 consecutive terms.

Party-List Representatives

• 20% of total representatives.

Sessions of Congress

• Regular Sessions: convene once per year on the 4th Monday of July, to legislate on any matters that are deemed fit.
• Special Sessions: may be called to consider specific legislative issues.
• Executive Meetings: include secret meetings, possibly for security discussions.

Quorum

• The minimum number of members required for an assembly/collective body to legally conduct business, including passing and voting on laws.

How a Bill Becomes a Law

• Refer to the text book for page numbers 208-300

What is a Bill?

• Proposed laws.
• Approved by Congress and the President are enacted into law, statutes
• Presidents can veto a bill; the House of Representatives can override with a two-thirds vote.
• Legislation's most basic form is proposed by an individual or group of individuals involved with the legislation.

How a Bill Becomes a Law (U.S. System)

• Filing/Calendaring for First Reading.
• First Reading.
• Committee Hearings/Reports.
• Second Reading.
• Voting on Second Reading
• Voting on Third Reading.
• At the House of Representatives (followed the same procedure).
• Submission to Malacanan

How a Bill Becomes Law (Philippine System)

• First Reading.
• Referral to appropriate committee.
• Second Reading.
• Hearing and Debate.
• Printing and distribution.
• Referral to the other house.
• Submission to joint bicameral committee.
• Third Reading.
• Submission to President.

Bills in general vs. Bill of Rights

• Bills: Proposed legislation from the Legislative department.
• Bill of Rights: Guarantees of civil liberties, a check on state power

Principle of Checks and Balances

• This ensures that government power doesn't concentrate in one single branch.

3 Branches of the Philippine Government

• Legislative (Congress)
• Executive (President and Cabinet)
• Judicial (Supreme Court and other courts)

Presidential Form of Government

• Adherence to the principle of separation of powers.
• System of checks and balances in place.

Doctrine of Separation of Powers

• A system designed to prevent concentration of power.
• Avoids abuse of power.
• Distributes power across three distinct branches.
• Promotes efficiency

Separation of Powers

• Balance of government power: intellect (legislative), will (executive), conscience (judicial).

Role of the Judiciary in the Separation of Powers

• Legislative to Executive
• Executive to Legislative
• Legislative to Judicial
• Judicial to Legislative
• Judicial to Executive

Test your knowledge of the Philippine Congress, its powers, and legislative processes. This quiz covers topics such as appropriations, impeachment, and the qualifications for representatives and senators. Brush up on your understanding of the legislative framework in the Philippines.