Philippine Legislature Notes PDF

***[THE LEGISLATURE]*** ***[Congress]*** is recognized as the lawmaking body under 1987 Constitution but the following has lawmaking powers: 2\. the **President**, through his ordinance power, and in times of war or other national emergency when authorized through law by the Congress, can issue ru...

***[THE LEGISLATURE]*** ***[Congress]*** is recognized as the lawmaking body under 1987 Constitution but the following has lawmaking powers: 2\. the **President**, through his ordinance power, and in times of war or other national emergency when authorized through law by the Congress, can issue rules and regulation. 3\. **administrative agencies**, whose rules and regulations have the force and effect of law; and 4\. the **people**, through the provision on initiative and referendum as stated in Section 1, Article VI of the 1987 Constitution. ***KINDS OF LAWS*** **As to Nature** 1\. **Substantive law**-provides for the rights and duties of persons in relation to other persons as well to the state, and includes the offenses for which individuals who are alleged of having committed them can be prosecuted. Examples are the Revised Penal Code and Civil Code. 2\. **Procedural** - also known as adjective or remedial law, constitutes the set of rules governing the proceedings in court. Examples are the Rules of Court and Revised Rules in Administrative Cases in the Civil Service. **As to Scope** 1\. A **[general law]** is one which embraces a class of subjects or places and does not omit any subject or place naturally belonging to such class. 2\. A **[special law]** is one that relates to particular persons or things of a class. In case of conflict between a general law and a special law, the latter prevails. **LEGISLATURE** is defined as a body of individuals selected to formulate, amend, or repeal laws. *[Note:]* Pertinently, Section 5(1), Article VI of the Constitution provides that there shall be \"a party-list system of registered national, regional, and sectoral parties or organizations.\" Thus, the party-list system is composed of three different groups:1) **national parties or organizations**; 2) **regional parties or organization**s; and 3) **sectoral parties or organizations**. ***[POWERS]*** **[1. Legislative Power]** The primary duty of the Congress is to legislate. This means that the two houses of the Philippine Congress-the Senate and the House of Representatives-must work together to make laws. A **bill** must pass through three readings on separate days. a. **The first reading** shall involve only the reading of the number, title, and author of the bill or resolution, followed by the referral thereof by the Speaker to the appropriate committee. b. On **the second reading**, the bill shall be subject to debate which begins with a sponsorship speech. Amendments or changes to the proposed bill may be made at this stage. If the bill is approved on the second reading, the third reading comes next. c. The **third reading** is the stage where the legislators vote on whether to pass the bill as a law. If the \"yes" votes win, the bill will then be transmitted to the other house where it will undergo the same process. Note: The President may **veto or approve the bill**. ***ENROLLED BILL DOCTRINE\"*** a. an alleged creation of two sets of bicameral conference committees; b. an alleged lack of records of committee proceedings; 3) an alleged violation of the committees of the rules of both houses; c. the alleged disappearance or deletion of one of the provisions in the compromise bill submitted by the bicameral conference committee; d. an alleged absence of reference to the provision in the original and amended versions of the bill; e. an allegation that a provision which did not give rise to disagreement was amended; and f. an alleged typographical error in the law. **[2. Power of Appropriation (power of the purse)]** **Budget Process:** a. budget preparation b. budget legislation c. budget execution, and d. accountability **[3. Power of Taxation ]** - Congress is bound to enact tax laws which comply with the rule of taxation shall be uniform and equitable. They are obligated to evolve a progressive system of taxation. **[4. Power of Impeachment]** \- Section 3(2), (3), (4) and (5) of Article XI vests on the House of Representatives the **exclusive power** to initiate impeachment cases. But the Senate has the sole power to try and decide all cases of impeachment under Section 3(6), Article XI of the 198 Constitution. Public Officers who can be impeached: - President - Vice President - Members of the Supreme Court - Members of the Constitutional Commissions - Ombudsman ***Reason of impeachment:*** - - - - - **5. Power of Legislative Inquiry** \- is exercised to elicit information that will enable Congress to craft a particular piece of legislation. It is subject to certain limitations: that the inquiry is in aid of legislation, that it be conducted with duly published rules of procedure, and that the rights of persons appearing in, or affected by, such inquiries are respected. **Executive privilege is a recognized exemption to the power of legislative inquiry.** - - - - - - - **6. Other Powers** a\. Question Hour; b\. War Powers; c\. Power to act as Board of Canvassers in Election of President; d\. Power to call a special election for President and Vice President; g\. Power to concur in Presidential amnesties; h\. Power to concur in treaties or international agreements; i\. Power to confirm certain appointments made by the President; j\. Power relative to natural resources;and k\. Power to propose amendments to the Constitution **IMPACT OF THE CONGRESS ON THE PHILIPPINE DEVELOPMENT** **Development --** does not refer to static condition but a progress. It is not measured only in terms of economic growth but also in the advancement of the nation on the social and cultural fronts. - Through the laws the legislative body passes, the country can move forward and achieve economic growth, while at the same time enhancing Filipino culture, eradicating the deep divisions in society and uplifting the conditions of the masses, and last but not the least, protecting the environment. - Congress has great impact on Philippine development. Although its members have received so much criticism because of the pork barrel issue, the legislative body has not shirked its duty to pass laws to improve the economy, forfeit ill-gotten wealth and strengthen anti-laundering laws, protect women's rights, give autonomy to minorities and Muslim Filipinos, and safeguard the environment. **ISSUES, CHALLENGES AND PROSPECTS** - Observers note that the **Philippine Congress is still dominated by socioeconomic and political elites.** This observation suggests whether the country's democracy is in practice or not. - The Congress' composition points to another equally important question on representativeness -- that **there is a wide gap in social class, power, and wealth between the officials and their constituents.** - **The party-list system** is a mechanism through which minorities get the chance to represent the marginalized sectors of society. - Congress still suffers from particularistic, family-oriented practice. The **presence of "Kamag-anak, Inc."** in the Congress, given the existence of political dynasties, if not political families. While the Congress has managed to create laws that address socioeconomic and political problems of the country, **there still remains to be huge concern about how -- at a fast pace -- could the government addresses poverty, underdevelopment, corruption, and improvement of the quality of education and health services**, among many others. ACTIVITY SHEET NAME: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ DATE: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ GRADE & SECTION: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ I. **Read and analyze each statement.  Identify which power of the Congress is to be applied in each situation.** +-----------------------------------+-----------------------------------+ | 10. | The Supreme Court violated the | | | Philippine Constitution. | +===================================+===================================+ | 1. | The DBM assesses the performance | | | of agencies in order to institute | | | reforms and create needed | | | policies in accountability check. | +-----------------------------------+-----------------------------------+ | 2. | The court wants to question a law | | | passed by Congress. What power | | | does the Congress need to apply | | | here? | +-----------------------------------+-----------------------------------+ | 3. | The congress increases the tax of | | | employee A because of her | | | increase of income. | +-----------------------------------+-----------------------------------+ | 4. | Congress probing on a certain | | | memorandum signed by the | | | President. | +-----------------------------------+-----------------------------------+ | 5. | The House of Representatives | | | initiated the removal of Pres. | | | "Erap" Estrada. | +-----------------------------------+-----------------------------------+ | 6. | Provide consent on appointments | | | made by the President.  | +-----------------------------------+-----------------------------------+ | 7. | Confidential or classified | | | information between the President | | | and the public officials is an | | | exception in the exercise of | | | Congress' | | | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ | | | _\_\_\_\_\_\_\_\_\_\_\_\_\_. | +-----------------------------------+-----------------------------------+ | 8. | Congressmen don't like the | | | decisions being promulgated by | | | the court, what power will they | | | exercise against the Supreme | | | Court? | +-----------------------------------+-----------------------------------+ | 9. | The Congress imposed excessive | | | tax collection to ABC company, | | | what power was abused? | +-----------------------------------+-----------------------------------+ II. **List down 2 issues, problems, or challenges the Philippine Congress is currently facing then comment/state your opinion on how they addressed it. 5 points each section (3 pts. content/related to the topic and 2 pts. for grammar and spelling)** **ISSUES, PROBLEMS, OR CHALLENGES** **COMMENT OR OPINION** ------------------------------------- ------------------------ 1. 2. Prepared by: **VIANELUZ M. GULONGAN**