Legislative Power and the Philippine Legislature PDF

LEGISLATIVE POWER AND THE PHILIPPINE LEGISLATURE October 15-16, 2024 LEGISLATIVE POWER AND THE PHILIPPINE LEGISLATURE Learning Outcome Describe the structure of the bicameral Philippine legislature (Senate, House [district and party-list]); and Analyze the steps in the passage of a...

LEGISLATIVE POWER AND THE PHILIPPINE LEGISLATURE October 15-16, 2024 LEGISLATIVE POWER AND THE PHILIPPINE LEGISLATURE Learning Outcome Describe the structure of the bicameral Philippine legislature (Senate, House [district and party-list]); and Analyze the steps in the passage of a bill into law LEGISLATIVE DEPARTMENT Who? What? Where? How? Why?  LEGISLATIVE DEPARTMENT Section 1. 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 Congress tasked by the Constitution to enact laws the authority granted by the constitution to propose, make, amend, and repeal laws as the need arises  LEGISLATIVE POWER The laws must be in keeping with the times. What is legal is not necessarily just, or may become unjust because of changed conditions.  MEANING OF LAW -refers to the statutes which are written enactments of the legislature governing relations of the people among themselves or between them and the government and its agencies. STRUCTURE AND COMPOSITION bicameral legislature composed of 24 members (Senate) and 250 members (House of representatives elected at large by the qualified voters of the country ADVANTAGES OF BICAMERALISM 1.A second chamber is necessary to serve as a check to hasty and ill-considered legislation. 2. it serves as a training ground for future leaders. 3. it provides a representation for both regional an national interest. 4. it is less suceptible to bribery and control of big interest.  DISADVANTAGES OF BICAMERALISM 1.It has not worked out as an effective “fiscalizing” or counter-check machinery 2.it is not an assurance of better considered and better deliberated legislation. 3. It produces duplication of efforts and serious deadlocks in the enactment of important measures 4. It is more expensive to maintain a bicameralism 5.The prohibitive costs of senatorial elections have made it possible for wealthy individual.  POWERS OF THE CONGRESS to declare the existence of to remove impeachable Appropriation War officials to act as Board of taxation legislative investigation Canvassers in Presidential Election To revoke or extend to concur in Presidential To confirm certain suspension of the writ of amnesties appointments/nominations Habeas corpuz made by the President  CLASIFICATION OF POWERS General legislative Power power to enact laws intended as rules of conduct to govern the relations among individuals or between the individuals and the state.  CLASIFICATION OF POWERS Specific Power to choose who shall become President in case two or more candidates have an equal and highest number of votes to confirm appointments to declare the existence of war impose taxes, appropriate money , to impeach, to act as constituent assembly  CLASIFICATION OF POWERS Implied Power to conduct inquiry and investigation in aid of legislation to punish for contempt to determine the rules of its preceedings Question Hour  CLASIFICATION OF POWERS Inherent Power Power of taxation Power of eminent domain Police Power  POWER OF TAXATION The 1987 Philippine Constitution Article VI, Section 28 (1) provides that: "The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation. " This provision sets out a policy that a sound tax system must be based on the taxpayer's ability to pay. Power of Taxation The 1987 Philippine Constitution Article VI, Section 28 (1) provides that: "The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation. " This provision sets out a policy that a sound tax system must be based on the taxpayer's ability to pay.  “EMINENT DOMAIN” also called “condemnation” is the power of local, state or federal government agencies to take private property for “public use” so long as the government pays “just compensation.” The government can exercise its power of eminent domain even if the owner does not wish to sell his or her property.  POLICE POWER the owner’s property interest is restricted or infringed upon because his continued use of the property is or would otherwise be injurious to the public welfare. (Franco-Italian Packing Co. v. United States, 1955)  A.CONSTITUTIONAL POWER 1. Power to enact Laws 2. Power to amend/repeal laws 3. Power to revoke or extend Martial Law 4. Power to confirm appointments 5. Concurrence in amnesty Proclamation 6. Power of appropriation 7. Power of Taxation 8. Power of impeachment 9. Power of legislative Inquiry 10. Power to declare the existence of war POWER OF APPROPRIATION Power of the purse or spending power authority to allocate tax money for public spending Appropriation Law POWER TO DECLARE THE EXISTENCE OF WAR vote of two-thirds of both houses in joint session, voting separately Congress - direct representatives of the people “not the declaration of war itself POWER TO REMOVE IMPEACHABLE OFFICIALS House of Representative exclusive right to initiate all cases of impeachment House of Senate the sole right authority to try and decide all cases of impeachment. B. ELECTORAL POWERS 1. POWER TO CANVASS AND PROCLAIM THE RESULTS OF THE PRESIDENTIAL AND VICE-PRES ELECTIONS 2. POWER TO CALL A SPECIAL ELECTIONS C. CONSTITUTIONAL POWERS RELATED TO PUBLIC INTERNATIONAL LAW 1. POWER TO RATIFY TREATIES AND INTERNATIONAL AGREEMENTS D. CONCURRENT AND IMPLIED POWERS 1. POWER TO DELEGATE 2. POLICE POWER 3. POWER TO DEFINE AND PUNISH CRIMES QUALIFICATIONS OF THE MEMBERS OF THE CONGRESS QUALIFICATIONS OF A SENATOR Article VI of the 1987 Constitution a natural-born citizen of the Philippines at least 35 years of age on the day of the election able to read and write registered voter resident of the Philippines for not less than 2 years QUALIFICATIONS OF A REPRESENTATIVE Article VI of the 1987 Constitution a natural-born citizen of the Philippines at least 25 years of age on the day of the election able to read and write registered voter in a district (except for party list) resident of the Philippines for not less than 1 year  CITIZENSHIP REQUIREMENT Modes of acquiring citizenship: by birth or involuntary by naturalization or the voluntary By birth: 1. Jus sanguinis 2. jus soli  TERM OF OFFICE Senator 6 years 2 consecutive term Representative 3 years 3 consecutive years  House of Representative Art VI. Sec. 5.2. The party-list representatives shall constitute 20% of the total number of representative.  SESSIONS OF CONGRESS 1.Regular Sessions Congress shall convene once every year on the fourth monday of July The Congress may legislate on any matter it deems fit. 2. Special Sessions to consider such subjects or legislation as he may designate 3. Executive Meeting secret meetings of Congress or any of its committee Closed session may involve our security.  Quorum a number of the membership of an assembly or collective body a number that makes a lawful body and gives it power to pass a law HOW A BILL BECOMES A LAW  WHAT IS A BILL? Bills they are laws in the making. if approved by the Congress and the President of the Philippines, these bills then become laws and statutes. the President may veto these bills, but the House of representatives may overturn a presidential veto by garnering a 2/3rds vote. The writing of Bills is the primary legislative power of the Legislature.  HOW A BILL BECOMES A LAW In the U.S. Constitution, there are three branches of government that make, enforce, and interpret laws. Under the separation of powers, each branch of government has a unique function. Below shows the different branches, their main functions, and example federal roles. Filing/Calendaring for First Committee First Reading Reading Hearings/Report Calendaring for Second Second Reading Voting on Second Reading Reading At the House of Voting on Third Reading Submission to Malacañang Representatives (Followed the same procedure)  HOW A BILL BECOMES A LAW Referral to appropriate First Reading Second Reading committee Debates Printing and distribution Third Reading Submission to joint Referral to the other house Submission to President bicameral committee SECTION 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. (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, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. 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. SECTION 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it. (2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object. BILLS IN GENERAL VS. BILL OF RIGHTS Bills - proposed legislation coming from the Legislative Department which undergo a series of readings and approvals from the Legislature and the Exexutive department Bill of rights - consists of guarantees of civil liberties and checks on state power. PRINCIPLE OF CHECKS AND BALANCE  HOW IS CHECKS AND BALANCE PRACTICED IN THE CONGRESS? PRESIDENTIAL FORM OF GOVERNMENT is the adoption of the principle of separation of powers and a system of checks and balances. (https://multidisciplinaryjournal.com/pdf/system_of_checks.pdf) DOCTRINE OF SEPARATION OF POWERS intends to avoid a concentrataion of authority in one or group of persons, that may lead to abuse its power to its sovereignty. secure action, forestall over-action, prevent despotism, and obtain efficiency  SEPARATION OF POWERS This authority needs the following to ensure a balance of government power: an intellect to direct it (legislative power), a will that is active and a resolve to make it work (executive power), a conscience that judges and punishes what is bad (judicial power) (Ople, 1998). ROLE OF THE JUDICIARY IN THE SEPARATION OF POWERS PRINCIPLE Legislative to Executive 1. can impeach the President 2. can remove the President from office 3. recommend appointment of judges and officials 4. can investigate executive activities and officers ROLE OF THE JUDICIARY IN THE SEPARATION OF POWERS PRINCIPLE Legislative to Executive 5. President can veto a bill but with a two thirds vote in both houses , can override the veto 6. can refuse to pass laws that the executive wants 7. can refuse to appropriate funds from executive programs ROLE OF THE JUDICIARY IN THE SEPARATION OF POWERS PRINCIPLE Executive to Legialative 1. Can veto Congress laws 2. Can call Congress into a special session 3. President can nominate SC justices 4. Can pardon people convicted by the courts ROLE OF THE JUDICIARY IN THE SEPARATION OF POWERS PRINCIPLE Legislative- Judicial 1. can impeach and remove judges as it can do with the President 2. Senates can reject judicial nominations 3. can pass new laws that override the supreme court 4. can propose ammendmends to the Constituion ROLE OF THE JUDICIARY IN THE SEPARATION OF POWERS PRINCIPLE Judiciary- Legislative 1. can declare its laws unconstitutional 2. Chief Justice presides over impeacment trials ROLE OF THE JUDICIARY IN THE SEPARATION OF POWERS PRINCIPLE Judiciary- Executive 1. can declare its laws unconstitutional 2. Chief Justice presides over impeacment trials  STEPS IN THE PASSAGE OF A BILL Refer to textbook, pages 208-300  PREPARED BY: ELMA R RAPADA Reviewed by: JOHN OSIAS JACABAN