Philippine Legislative Department & Laws

Legislative Department

• Legislative power is vested in the Congress of the Philippines, including a Senate and a House of Representatives
• Exception: the people have reserved powers of initiative and referendum

Legislative Power

• It gives authority, under the Constitution, to make, alter, and repeal laws
• The legislature's task is to prescribe general rules for governing society

Legislative Functions

• Determines legislative policy
• Promulgates policy as a defined, binding rule of conduct via law enactment

Meaning of Law

• Written statutes enacted by legislatures govern relations among people, or between people and the government/agencies

Function of Laws

• Defines citizens' rights and duties
• Imposes taxes
• Appropriates funds
• Defines crimes/punishments
• Creates/abolishes government offices
• Determines jurisdiction and functions
• Regulates human conduct and property use

People's Initiative on Statutes

• Legislative power is vested in the people through initiative and referendum
• Initiative and referendum allows the people to propose/enact or approve/reject laws or parts of laws passed by Congress or local legislative bodies
• The provision is not self-executing

Checks and Balances

• Each branch of the government can check or control the powers of the other branches
• Prohibits one branch from becoming too powerful

Registered Voter and Residence

• A registered voter is one who meets all voter qualifications, lacks disqualifications, and is listed as a voter
• Residence is one's true, permanent home, with intent to return after absences

Residency Requirement

• Residence involves physical presence in an area, community, or country

Domicile

• It is a place of habitual residence
• An individual must have a domicile somewhere; once established, it persists until a new one is acquired
• A person can only have one domicile at a given time

Acquisition of Domicile

• Requires bodily presence
• Requires animus manendi (intent to stay)
• Requires animus non revertendi (no intent to return)

Requisites to Change Domicile

• Actual change of domicile
• A bona fide intention to abandon the former place of origin and establish a new one
• Consists of Acts that align with that purpose

Members of the House of Representatives

• District Representatives are elected from legislative districts apportioned among provinces, cities, and Metro Manila
• Party-List Representatives constitute 20% of the total number of representatives
• Party-list representatives are elected through a system of registered national, regional, and sectoral parties/organizations

Kinds of Elections for Members of Congress

• Unless otherwise provided by law, regular elections for Senators and Representatives occur on the second Monday of May
• Special elections fill vacancies in the Senate or House; those elected serve only the unexpired terms

Legislative Privileges

• Salaries are determined by law with raises not taking effect until expiration of the term of those approving the increase
• Senators and Representatives are privileged from arrest for offenses punishable by no more than six years imprisonment during legislative sessions
• No member can be questioned or held liable elsewhere for any speech or debate in Congress or committees

Legislative Inhibitions and Disqualifications

• Legislators cannot hold other government positions during their term without forfeiting Legislative seat
• Cannot be appointed to positions created, or with increased pay, during their elected term
• Cannot act as counsel before any court, electoral tribunal, or quasi-judicial/administrative body during their term

Duty to Disclose

• Senators and Representatives must disclose financial and business interests upon assuming office
• Members must notify their respective House of potential conflicts of interest regarding proposed legislation they author

Other Disclosures

• Public officials/employees must declare assets, liabilities, and net worth upon assuming office and as required by law
• Congress records and books must be preserved, opened to the public in accordance with the law, and audited by the Commission on Audit
• An itemized list of amounts paid to/expenses incurred for each member must be published annually

Sessions of Congress

• Congress convenes annually on the fourth Monday of July, unless a different date is designated
• The session continues until thirty days before the opening of the next regular session, excluding Saturdays, Sundays, and legal holidays
• The President can call a special session at any time

Regular Sessions

• Excludes Saturdays
• Excludes Sundays
• Excludes Legal Holidays

Special Sessions

• Called in case of urgent and National Concern

Executive Sessions

• Consists of secret or close door sessions

Quorum and Voting Majorities

• A majority of each house constitutes a quorum, but a smaller number may adjourn and compel absent members' attendance
• In computing a quorum, members outside the country are not included
• No law can be passed or legislative function discharged without a quorum

Voting Majorities

• Only the votes of the majority of those present, assuming a quorum, required

Votes Based on "All The Members of Congress"

• Applies to certain actions
• Requirement is based on the entire composition of a House or Congress (in its entirety), regardless of the number of Members present or absent

Rules of Procedure

• Rules are made by any legislative body to regulate the mode and manner of conductions it’s business

Legislative Journal

• A legislative journal is the official record of what is done and passed in a legislative assembly

Legislative Power

• Congress (Senate and House of Representatives) convenes annually on the fourth Monday of July
• The President can call for an earlier or special session if needed
• The General Appropriations Bill and other necessary bills must be passed

Legislative Power

• All legislative power is vested in Congress, composed of the Senate and the House of Representatives
• The lawmaking authority is solely in the hands of the elected representatives

Qualifications of Senators

• Must be at least 35 years old
• Must be able to read and write
• Must be a resident of the Philippines for at least 2 years before the election

More Senator Requirements

• Must be natural-born citizens of the Philippines

House of Representatives Requirements

• Members must be at least 25 years old
• Must be able to read and write
• Must be a resident of the Philippines for at least 1 year before the election
• Must be natural-born citizens of the Philippines

Election of Senators and Representatives

• Senators are elected by popular vote in a nationwide election, serving a 6-year term with no immediate reelection
• Representatives are elected by district, serving a 3-year term, with a maximum of 3 consecutive terms

Number of Senators and Representatives

• There are 24 Senators
• The number of House Representatives are prescribed by law, based on population and geographical distribution
• The Constitution specifies the method

Powers of Congress

• Exclusive power to enact laws, impose taxes, and regulate the general welfare; authority to declare war, approve treaties, and ratify international agreements

Enacting Laws

• Enacting laws occurs in the form of bills
• A bill must go through various readings in both the House and the Senate

Passing a Bill

• Once both houses approve a bill, sent to the President for approval or veto
• Congress can override a presidential veto with a two-thirds majority vote

Appropriations and the Budget

• The General Appropriations Bill must be passed by Congress before the end of the fiscal year, outlining government spending
• The President submits the budget proposal to Congress, which has the power to approve, reject, or amend it

Taxation

• Only Congress can levy taxes, exercised in accordance with constitutional principles
• No tax shall be imposed unless it is just and equitable

Impeachment

• Congress has the power to impeach officials, including the President, Vice President, judiciary members, and other high-ranking officials
• Impeachment requires a two-thirds majority vote in the House and a trial by the Senate

Prohibition of Bills of Attainder

• Congress cannot pass laws punishing individuals without trial
• Ensures that people’s rights to due process are protected

Appropriations

• Public funds cannot be used for private purposes without legal authorization
• Helps prevent misuse of public funds for non-public interest matters

Legislative Immunity

• Members of Congress are immune from arrest during sessions, except for rebellion, sedition, or criminal offenses
• Ensures legislators can perform duties without fear of being detained

Executive Power

• Power to administer laws by carrying them into practical operation and enforcing their observance

Office of the President

• The executive power is vested in the President of the Philippines

President and Vice President Qualifications

• Natural-born citizen of the Philippines
• Must be a registered voter
• Able to read and write
• At least 40 years of age on election day
• A resident of the Philippines for at least 10 years immediately preceding such election

Sec. 3, Art. VII

• There shall be a Vice-President
• The Vice-President may be appointed as a Member of the Cabinet, which requires no confirmation

Term of Office

• Six years, beginning at noon on the 30th day of June following the election, ending at noon on the same day six years later

Oath of Office

• The President, Vice President or Acting President shall take take an affirmation

Presidents Duties

• If the President-elect fails to qualify, the Vice-President elect shall act as President until the President-elect qualifies
• In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become the President to serve the unexpired term
• Whenever there is a vacancy in the Office of the Vice-President during the term elected, the President shall nominate a Vice President from among the Members of the Senate and the House of Representatives

Further Details of the Transfer of Power

• The Congress shall convene to Enact law for Elections
• During temporary disability resulting to vacancy, Vice President will act as a President

Privileges, Inhibitions, and Disqualifications

• Presidents official residency and their salaries are determined by law
• The Presidents salaries shall not be decresed during tenure

Presidential Immunity

• The President cannot be sued and has immunity.

The Vice-President

• The Vice-President may be appointed as a member of the cabinet, with the requirements being non confirmatory

Executive Power

• The President is responsible for faithfully executing the laws

Powers of the President

• Appoints members to offices
• The President may perform other actions to control subordinates

Duties of the President

• The President is commander in chief
• The Presdient can pardon
• The President can Address congress

Qualifications

• The Power to appoint heads of executive departments, ambassadors, public ministers, consuls, and armed forces officers from colonel or naval captain upwards
• The selection by the proper authority of an individual who is to exercise the powers and functions of a given office

Functions of Presidential Commission

• Imposition of additional duties, usually by law, upon a person already in the public service by virtue of an earlier appointment

Terms of Appointments

• Terms are to be regular, ad interim, temporary, with appointees having no long term obligations

Power of Supervision

• The President shall perform the execution of laws

State of Emergency

• The President may perform delegated acts in a declared national state of emergency

The Duty to Prevent Chaos

• The President may call upon Armed Forces to maintain order and prevent the break down of the state

Executing power

• Executive clemency is given except during cases of impeachment

Executive Power

• Limitations involve, the ability to grant reprieves, commutations and pardons, and remit fines and forfeitures, after conviction by final judgment.

Executive Action

• Involves the right to tempoarily reprieve criminal action
• The President can commute or pardon

Legislative Treaty Power

• The Constitution may grant powers by agreement given to an agreemented party

Limitations of Appropration Powers

• These can come with the agreement of a monetary power and by the guidance of public office accountability

Privilege Details

• There is executive privilege regarding two key rights communications and information deliberation

Section 1 ART VIII

• The power to interprete and change lawas are placed in the judiciary system by a governing body.

The Governing Power

• The judicial rights are the responsiblity to provide power to resolve differences according to the rights of the state and to provate citizens

Regularity

• Cases are solved by various types of courts such as Municipal Trial Courts , Municipal Circuit Trial Courts , the Regional Trial Courts and the National Capital Region

Higher Governing Justice

• The Court of appeals operates to serve justice to those comprimised of 69 justices head by a presiding justice with divisions of 23 members

The Religious Branch

• This power comes from the court of sharia that enforcesthe religious power

Judiciary Power

• Can come from cases such as graft, public offense and ethical affornts to the legal system

Taxes

• Tax power comes from the court of tax appeals and the commissioner of revenue when looking over internal affairs

Power to Judge

• Power to Judge cases may come from the National Labor Relations Commission

Power to Judge

• Power to judge depends on the type of power given such as taxes and legal right.

Rights and Cases

• Rights of appeal and defense are granted to both state, citizens and organizations fairly

Section 6, Art VIII

• The juducial and bar council is the supervisor of those who need guidance.

Article Sevens of the JBC Member

• JBC has members whose powers may be granted only by the the president

Section Nine Art, VIII

• Supreme court and lower courts shall assign a list to the president.

Section Ten - 14 Art, VIII

• Salaries and benefits can not be adjusted until the role given is completed.

Security of Incumbents

• Security of the work must remain in order such as age or ability that are terminated normally.

Limitations of Incumbents

• Termination shall only occure with an external power such as the judicial office.

Seperation of Power

• Seperation shall be provided by entities outside the organization such as a governing entity who has the right to the seat

Decision of Power

• The ability to change decisions must be reached with proper process such as en blanc or en division

Authority of Judgement

• The Supreme court may pass a decision, for fair justice to those who need it.

The Pleading System

• The pleading system must provide fairness, a fair statement, memorandums and a review of documents with the court.