Philippine Politics and Governance - Grade 12 - Legislative Branch PDF

PHILIPPINE POLITICS AND GOVERNANCE Grade 12 LESSON 1: THE LEGISLATIVE BRANCH Article VI (The Legislative Department) of 1987 Philippine Constitution specified the role and responsibilities of the Philippine Senate and the House of Representativ...

PHILIPPINE POLITICS AND GOVERNANCE Grade 12 LESSON 1: THE LEGISLATIVE BRANCH Article VI (The Legislative Department) of 1987 Philippine Constitution specified the role and responsibilities of the Philippine Senate and the House of Representative. Section I of the said article states that, “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 refers the authority under the constitution to make laws and to alter or repel them. Structure and Organization The legislative power is vested in a bicameral body, the Congress of the Philippines, which is composed of two houses -- the Senate and the House Representatives. The Congress of the Philippines is the country's highest lawmaking body. Article VI Sections 2 to 4 and Article Sections 5 to 7 stipulated the composition, qualifications, manner of election, term of office and maximum term of office for Senate and House of Representatives, respectively. Table 7.1: Philippine Congress Senate House of Representatives Seal Composition 24 Senators 250 members, unless otherwise fixed by law Manner of Election Elected at large qualified Legislative districts apportioned Philippine voters among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party- list system of registered national, regional, and sectoral parties or organizations. 1|P h i l i p p i n e P o l i t i c s a n d G o v e r n a n c e – Q u a r t e r 2 – W e e k 5 - 6  Term of Office Six (6) years and shall Three (3) years and shall commence, commence, unless unless otherwise provided by law, at otherwise provided by law, noon on the 30th day of June next at noon on the 30th day of following their election. June next following their election. Length of Service Two (2) Consecutive Terms Three (3) Consecutive Terms Qualifications Natural Born Citizen of Natural Born Citizen of the the Philippines Philippines At least 35 years of age At least 25 years of age Able to read and write Able to read and write Registered Voter Registered Voter in the district resident of the (except in the party list) Philippines for not less resident thereof for a period of not than 2 years immediately less than 1 year immediately preceding the day of the preceding the day of the election. election Composition The legislative department in the Philippines is divided into two houses: The Senate and the House of Representatives. There are 24 senators in the Philippine Senate. A senator must be a natural-born Filipino, at least 35 years old on the day of the election, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election. Senators serve for a term of six years and are eligible for one reelection. They cannot serve for more than two consecutive terms. On the other hand, a member of the House of Representatives—who is called congressman— must be a natural-born citizen, at least 25 years of age on the day of the election, able to read and write, a registered voter in the district where he or she is elected, and a resident of said district for a period of not less than one year immediately preceding the day of the election. Congressmen have a term of three years and may serve for up to three consecutive terms. There are two kinds of members of the House of Representatives: there are district representatives and there are party list representatives under the party list system. District representatives are elected by voters in the legislative district they represent. Party list representatives are the nominees of party list groups who received at least a two percent vote of the total number of valid votes cast for the party list system. A party list group is only allowed a maximum of three seats. 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. If they cannot agree on the bills to pass, there will be gridlock. Gridlock occurs if the rival political parties cannot set aside partisan politics and one-upmanship for the common good. 2|P h i l i p p i n e P o l i t i c s a n d G o v e r n a n c e – Q u a r t e r 2 – W e e k 5 - 6  Although senators and members of the House of Representatives are all lawmakers, they differ in the measures they initiate. Senators propose the enactment of laws that are of general concern to the country as a whole. Members of the House of Representatives, on the other hand, exclusively initiate all appropriation, revenue or tariff bills, bills authorizing an increase in the public debt, bills of local application, and private bills, as provided for by Section 24, Article VI of the 1987 Constitution. If the other house of the Congress also votes to pass the bill, it will then be submitted to the President for approval. The President may either approve the bill and sign it or veto the bill and return it to the house of origin together with objections to the bill. The veto, however, must be communicated within thirty days from receipt by the President of the bill. Otherwise, the bill becomes a law as if the President had signed it. Power of Appropriation The legislative department holds the so-called "power of the purse.” This is pursuant to the constitutional mandate that "no money shall be paid out of the Treasury except in pursuance of an appropriation made by law." In the exercise of this power, the Congress passes appropriation laws to authorize the release of public funds from the Treasury for use of the various agencies of the government. The Congress, as stated above, does do not pass an appropriation law from out of the blue. The budget process consists of four phases: 1) budget preparation, 2) budget legislation. 3) budget execution, and 4) accountability. The budget preparation phase is initiated by the Department of Budget and Management (DBM) through the issuance of a budget call. After the issuance of the budget call, the various departments and agencies submit their respective agency budget proposals to the DBM. Afterward, the DBM consolidates the recommended agency budgets into the National Expenditure Program (NEP) and the Budget of Expenditures and Sources of Financing (BESF). These are then submitted to the President and the Cabinet for review. Once they are approved, the DBM prepares the budget documents for submission to the Congress. The budget legislation phase starts when the Congress receives the President's Budget and ends when the President approves the General Appropriations Act (GAA). This phase is known as the Budget Authorization Phase. This is where the Congress deliberates on the proposed budget. The budget execution phase starts after the approval of the President of the GAA. This phase is where the DBM again enters the picture. Under this phase, the DBM issues programs and guidelines for the release of the funds, prepares an allotment and cash release program, releases allotments, and issues disbursement authorities. The accountability phase checks whether the government funds have been efficiently and effectively utilized to achieve the, state's socioeconomic goals. This is also the period when the DBM assesses the performance of agencies in order to institute reforms and create needed policies. Power of Taxation Taxes are regarded as the lifeblood of the state. They provide the much-needed funding which enables the government to operate and serve the public. Thus, the Congress, subject to certain 3|P h i l i p p i n e P o l i t i c s a n d G o v e r n a n c e – Q u a r t e r 2 – W e e k 5 - 6 limitations, may impose or increase taxes on a taxable item or transaction in order to increase government revenues. The rule of taxation shall be uniform and equitable. Hence, the Congress is bound to enact tax laws which comply with this rule. In addition, the Congress is obligated to evolve a progressive system of taxation. As stated previously, uniformity simply means that the tax should be applicable throughout the country. On the other hand, a tax is equitable if it is progressive. A tax is progressive when the tax rate increases as the tax base, or the total income of an individual or entity, increases. In other words, as one goes up in income, the tax rate increases, thereby assuring a higher tax payment. It is widely believed that a greater tax collection from those earning a lot would enable the state to provide for an equitable distribution of wealth through socioeconomic projects which will mostly benefit the poor and the underprivileged. Power of Impeachment The House of Representatives has the exclusive power to initiate impeachment cases. For culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust, the following public officers may be removed from office by impeachment: (1) President; (2) Vice President; (3) Members of the Supreme Court; (4) Members of the Constitutional Commissions; and (5) Ombudsman. While the sole power to commence impeachment cases is given to the House of Representatives, the Senate has the sole power to try and decide all cases of impeachment under Section 3(6), Article Xl of the 1987 Constitution. There are limitations on the manner of filing, the required votes to impeach, and the one-year bar on the impeachment of one and the same official. It should be emphasized that impeachment proceedings are essentially political trials. The Congress, nevertheless, is guided by its rules of impeachment. Power of Legislative Inquiry This power of legislature inquiry is exercised to elicit information that will enable Congress to craft a 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 or affected by, such inquiries are respected. Other Powers The legislative department also exercises the following powers: question hour; war powers; power to act as board of canvassers in election of president; power to call a special election for president and vice president; power to judge the president's physical fitness to discharge the functions of the presidency; power to revoke or extend the privilege of the writ of habeas corpus or declaration of martial law; 4|P h i l i p p i n e P o l i t i c s a n d G o v e r n a n c e – Q u a r t e r 2 – W e e k 5 - 6  power to concur in presidential amnesties; power to concur in treaties or international agreements; power to confirm certain appointments made by the president; power relative to natural resources; and power to propose amendments to the constitution IMPORTANCE OF LAWS Merriam-Webster defines laws as "rules of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority." They are formal institutions which govern the conduct of persons, both natural (humans) and artificial (corporations). As such, they provide structure to society. Laws are necessary to prevent anarchy. They are a concession that people who live in a society have to make. Without laws, there are no standards by which to judge the behavior of individuals who come into conflict with others. Courts would find it difficult to decide a legal dispute if there are no rules to be applied to settle the controversy. People would be free to do as they please because there is no government regulation of their actions. In such a case, there would be lawlessness and chaos. Prevention of lawlessness and the elimination of chaos, i.e., the regulation of human conduct, is the top priority. Of any lawmaking body. KINDS OF LAWS As to nature 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. Procedural law, 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 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. A special law is one that relates to persons or things of a class. In case of conflict between a general law and a special law, the latter prevails. LAW MAKING Bills and Resolutions Congress is responsible for making enabling laws to make sure the spirit of the constitution is upheld in the country and, at times, amend or change the constitution itself. In order to craft laws, the legislative body comes out with two main documents: bills and resolutions. 5|P h i l i p p i n e P o l i t i c s a n d G o v e r n a n c e – Q u a r t e r 2 – W e e k 5 - 6  Resolutions convey principles and sentiments of the Senate or the House of Representatives. These resolutions can further be divided into three different elements: Joint resolutions — require the approval of both chambers of Congress and the signature of the President and have the force and effect of a law if approved. Concurrent resolutions — used for matters affecting the operations of both chambers of Congress and must be approved in the same form by both houses but are not transmitted to the President for his signature and therefore have no force and effect of a law. Simple resolutions — deal with matters entirely within the prerogative of one chamber of Congress, are not referred to the President for his signature, and therefore have no force and effect of a law. Bills are laws in the making. They pass into law when they are approved by both houses and the President of the Philippines. A bill may be vetoed by the President, but the House of Representatives may overturn a presidential veto by garnering a 2/3rds vote. If the President does not act on a proposed law submitted by Congress, it will lapse into law after 30 days of receipt. For a bill to be a law, it undergoes a process and a series of readings and study. 1. First Reading - Any member of either house may present a proposed bill, signed by him, for First Reading and reference to the proper committee. During the First Reading, the principal author of the bill may propose the inclusion of additional authors thereof. 2. Referral to Appropriate Committee - Immediately after the First Reading, the bill is referred to the proper committee or committees for study and consideration. If disapproved in the committee, the bill dies a natural death unless the House decides otherwise, following the submission of the report. 3. Second Reading - If the committee reports the bill favorably, the bills is forwarded to the Committee on Rules so that it may be calendared for deliberation on Second Reading. At this stage, the bill is read for the second time in its entirely, together with the amendments, if any, proposed by the committee, unless the reading is dispensed with by a majority vote of the House. 4. Debates - A general debate is then opened after the Second Reading and amendments may be proposed by any member of Congress. The insertion of changes or amendments shall be done in accordance with the rules of either House. The House may either "kill" or pass the bill. 5. Printing and Distribution - After approval of the bill on Second Reading, the bills is then ordered printed in its final form and copies of it are distributed among the members of the House three days before its passage, except when the bill was certified by the President. A bill approved on Second Reading shall be included in the calendar of bills for Third Reading. 6. Third Reading - At this stage, only the title of the bill is read. Upon the last reading of a bill, no amendment thereto is allowed, and the vote thereon is taken immediately thereafter, and yeas and nays entered in the journal. A member may abstain. As a rule, a majority of the members constituting a quorum is sufficient to pass a bill. 6|P h i l i p p i n e P o l i t i c s a n d G o v e r n a n c e – Q u a r t e r 2 – W e e k 5 - 6  7. Referral to the Other House - If approved, the bill is then referred to the other House where substantially the same procedure takes place. 8. Submission to Joint Bicameral Committee - Differences, if any, between the House's bill and the Senate's amended version, and vice versa are submitted to a conference committee of members of both Houses for compromise. If either House accepts the changes made by the other, no compromise is necessary. 9. Submission to the President - A bill approved on Third Reading by both Houses shall be printed and forthwith transmitted to the President for his action - approval or disapproval. If the President does not communicate his veto of any bill to the House where it originated within 30 days from receipt thereof, it shall become a law as if he signed it. Bill repassed by Congress over the veto of the President automatically becomes a law. 7|P h i l i p p i n e P o l i t i c s a n d G o v e r n a n c e – Q u a r t e r 2 – W e e k 5 - 6