Structure of Philippine Government PDF

Structures of The Philippine Government  Legislative Department From the Latin Lex, Legis meaning Law The Legislative branch broadly deals with the making deliberation over, enactment, amendment, and repealing of laws.  Advantage of Bicameral Congress One o...

Structures of The Philippine Government  Legislative Department From the Latin Lex, Legis meaning Law The Legislative branch broadly deals with the making deliberation over, enactment, amendment, and repealing of laws.  Advantage of Bicameral Congress One of the greatest arguments for this form of legislation is the security it affords the populace. Two levels of government, elected in different ways, should mean that more views of the electorate are represented at higher levels. It also means that less than scrupulous governments should not (ideally) be able push through legislation against the will of the people. It also means that vigorous debate on any proposed legislation should mean that any laws passed have been subject to stringent review and revision to make them practical and workable for the benefit of all.  Disadvantage The main disadvantage often stated against bicameral legislature is the amount of time it takes for legislation to be passed through each chamber to become law. Many people feel that two chambers debating the same topic delays the lawmaking process and is a waste of resources and money and this has led to dissatisfaction with the system. Furthermore, others have complained that in some circumstances, such as the proposal on whether hereditary peers should be allowed in the House of Lords, a bicameral system is ineffective as the House of Lords is unlikely to vote for the abolition of so many of its hereditary members and the benefits that go with that.  Advantage of Unicameral Congress 1) Proposed legislation can be enacted more rapidly, since bills don't have to be reconciled by two chambers. 2)Since only one body is responsible for legislation, there is greater transparency. u and accountability 3)It's easier and cheaper to maintain a legislature with only one chamber and thus fewer representatives  Disadvantage of Unicameral Congress 1) A smaller legislature means a weaker power check on the executive. 2) Without the check and balance that a second chamber would provide, a unicameral legislature often has difficulty hindering the passage of flawed legislation 3) A unicameral legislature doesn't effectively accommodate the vast and diverse constituencies that a large nation has, thus unicameral systems are typically only found in smaller and more culturally homogenous nations.  The Philippine Congress is the country’s legislative dept(art.VI, sec. 1)congress is bicameral Upper House – Senate Lower House – House of Representatives  Senate Composition 24 Senators elected at large Qualification Natural born citizen At least 35 yrs old on election day Registered voter Phil. Resident for 2yrs prior to election day Term of Office 6 yrs Maximum: 2 terms  House of Representative Composition 200 district representative 50 party list Qualification Natural born citizen At least 25 yrs old on election day Literate(can read and write) Registered voter of the district District resident for 1yr prior to election day Term of Office 3 yrs Maximum: 3 terms  Parliamentary Privileges A member of Congress enjoys two parliamentary privileges as provided for in the following provision. Sec. 11. A Senator of Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonments, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof. 1. Privilege from Arrest. The purpose of this privilege id to ensure continuous representation of the constituents of the member of Congress that he may be prevented from attending sessions if he has committed civil and criminal offenses punishable by not more than six years imprisonment. But exception applies if: a. The offense committed is punishable by more than 6 years imprisonment such as murder and rape. b. Congress is no longer in session. 2. Privilege of Speech and Debate. The purpose of this privilege is to encourage full discussion of public matters that may aid in legislative functions. PROHIBITIONS AGAINST MEMBER OF CONGRESS There is new provision in the 1987 Constitution that is intended to prevent of members of Congress to use their position in furtherance of their business interest.  Five Prohibitions (against members of Congress) 1. No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. (Sec. 13) 2. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected. (Sec. 13) 3. No Senator or Member of the House of the Representatives may personally appear as counsel before any court of justice or before Electoral Tribunals, or quasi-judicial and other administrative bodies. (Sec. 14)  Incompatible and Forbidden Offices Incompatible Offices. This prohibition is to maintain the separation of powers and to make members of Congress devote their full time in law making. Forbidden Offices. The purpose of the prohibition is to prevent trafficking in public office in which legislators who are not sure of re-election may pass laws to create new government office or increase the emoluments of an office and later work for their appointment in that office.  Functions of Congress The first and foremost functions of congress is to legislate, that is to make, repeal or alter laws. -Article VI(Legislative Department)  A. Electoral Functions “The Senate and The House of Representative shall each have an Electoral Tribunal, which shall be the sole judge of all contests relating to elections, returns and qualifications of their respective Members. - Electoral Tribunal = 9 Members *3 = Justices of Supreme Court(Chief Justice) *6 = Members of the Senate/House of Rep. As the case maybe, who shall be chosen on the basis of proportional representation from the political parties, and the parties registered under the party-list system represented therein. The senior Justice in Electoral Tribunal shall be its Chairman.” (-Section 17)  2 Components of Electoral Tribunal Members A. Legislative Component of six Members of the House who are chosen on the basis of proportional representation from the political parties and the parties under the party-list system. Example: Senate = 13, 7, 4 members The first 13 members shall have 3 representative in Electoral Tribunal, the second and the two will have one. B. Judicial Component of 3 Justices of the Supreme Court to be chosen by the Chief Justice. Whoever is the most senior of the three will be the Chairman of the Electoral Tribunal.  Electoral Functions “The returns of every election for President and Vice-President duly certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the Senate. The President of the Senate shall, not later than 30 days of after the day of election, open all the certificates in the presence of the Senate and the House of Representatives in joint session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by the law, canvass the votes.”  The person having the highest member of votes shall be proclaimed elected, but in case two or more shall have an equal and the highest number of votes, one of them shall forthwith be chosen by vote of a majority of all the Members of both Houses of the Congress, voting separately. The Congress shall promulgated its rules for the canvassing of the certificates. (Article VII, Section4, paragraph 4 and 5) The End  Executive Functions Section 18 provides limitation on the power of the executive on its appointing power. It declares that: “ There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties or organizations registered under the party-list system represented therein. The Chairman of the Commission shall not vote, except in the case of a tie. The Commission shall act of the Congress from their submission. The Commission shall rule by a majority of all the Members exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof” From the wordings of Section 23 (2), there are conditions that must be satisfied in the granting of emergency powers to the President.  The emergency powers must be given only during the existence of a war or national emergency ( such as economic crisis).  The authority to exercise emergency powers will be granted by a law enacted by Congress.  The exercise of emergency powers is in pursuance of a declared national policy ( such as maintenance of peace and order, fostering economic development).  The exercise of emergency powers by the President must be for a limited period fixed by the law itself ( during the duration of the war or the national emergency only).  The exercise of emergency powers will cease upon withdrawal or revocation sooner by a joint resolution of Congress fit or upon the next adjournment of the next session  Investigative Functions - is for the purpose of gathering vital information that will be helpful for a legislation being presently considered or may be considered. Section 21. The Senate or the House of Representative or any of its respective committees may conduct inquiries in aid of legislation in – accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected.  Judicial Functions - Refers to what is known as impeachment. Impeachment - the process of removal of a government official on grounds stated in the constitution and according to its outlined procedures - the formal accusation of a crime. Article XI - section 2  The President  Vice-President,  the Members of the Supreme Court  the Members of the Constitutional Commissions  the Ombudsman may be removed from office, on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment. The grounds for impeachment are:  Culpable violation of the Constitution  Treason  Bribery  Graft and Corruption  Betrayal of public trust  Other high crimes Financial Functions Congress is said to wield the power of the purse. This power is an exclusive power of Congress and one of its legislatives power. That is why Article VI, Section 24 states that, “All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills, shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.” Appropriation bill Is the statute or law the primary or specific purpose of which is to authorize the release of public funds from the national treasury. This is simply the law passed by Congress that allots funds for the expenditures of government. Two types of Appropriation bill a. General appropriation It is commonly known as the national budget. It is passed annually to set aside the funds for the general operation of the government for one fiscal year. b. Special appropriation It is the law that set aside funds for a specific purpose. (e.g. funds that will supplement the budget of the military of the war in Mindanao or funds the relief of typhoon victims). Revenue bill is the law that is specifically intended to raise money or revenue for the government through imposition or levy(taxes). Tariff bill is the law that imposes custom duties for revenue purposes on imported goods.  Constitutional Limitations on the Power of Congress to Appropriate Section 25. (1) The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law. (2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates. (3) The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies. (4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein. (5) No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. (6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.  Congress cannot increase the national budget submitted by the executive for this approval. This is so because, it is believed that the President who prepares he budget is more knowledgeable on what needed appropriations. Section 29. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law. Normally, the budget is submitted to Congress as early as the first quarter of the year and it is expected to be passed before the end of the calendar year, however if for whatever reason , Congress fails to pass the budget Section 25 (7) shall apply. Section 25. (7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and shall remain in force and effect until the general appropriations bill is passed by the Congress. The power of taxation is vested in the legislature. Taxes are the lifeblood of the nation. Without revenues, government is inutile. The power to tax is primarily to raise revenue but it is also a very potent tool of government that can be used to advance economic and social policy. a. It is tool to regulate property such as imposing taxes for luxury cars. b. It is a tool that can be used to destroy such as imposing high taxes to operation of casinos and nightclubs that it would render unprofitable to operate one. c. It is also a tool to protect our local industries. Imposing high tariff to imported goods that enter the country will protect our local goods from unfair competition. However, there is constitutional limitation to tax: Section 28. (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation. (2) The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharf age dues, and other duties or imposts within the framework of the national development program of the Government. (3) Charitable institutions, churches and personages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation. (4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress. Limitations on Legislative Power of Congress 1. Procedural. These are the required processes or steps in statute making a. Sec.26 (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... b. “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.” (Sec. 26 (2)) c. “ All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and d. private bills, shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments. (Sec. 24) 2. Substantive. These refer to the substance of the law itself. a. Congress cannot pass irrepealable laws. A law must be changed to suit demands of the times. b. Congress cannot pass ex post facto law or bill of attainder (Art.III Sec. 22). c. Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget (Sec. 25 (1)). d. Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. (Sec.26 (1)). e. No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium. (Sec. 29 (2)) f. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence. (Sec. 30) g. No law granting a title of royalty or nobility shall be enacted. (Sec. 31) Inhibitations and Disqualifications  The third prohibition prevents The fourth prohibition is for a appearance of legislators who member of Congress not to be are layers before any courts of financially interested into justice and quasi-judicial entering in any contract with bodies like the National Labor the governments or any of its Relations Commissions. This instrumentality. This prohibition is to prevent any influence on is intended to prevent abuses the judges of these courts or by a member of Congress to heads or members of these exert pressures for a bodies by a member of concession on financially Congress who with his rewarding contracts with available power may dispense government to the reward or punishment to the disadvantage of legitimate judge deciding a case. contractors  The last prohibition refers to the intervention, say for a private firm, of any member of Congress in any matter before any office of government that he may derive pecuniary (financial) benefits. This prohibition of legislator, no personal benefit will be accrued to him. Sessions of Congress Regular Session Special Session It is held once every year It is called by the President starting on the 4th Monday when the legislature is in of July, unless a different recess to consider urgent date is fixed by law, and bills or matters which shall continue for a number Congress fails to finish of days as Congress may within the regular session. determine up to thirty days The number of days for the (recess) before the start of special session is up to the the next regular session, discretion of Congress to exclusive of Saturdays, include subjects it may Sundays and legal holidays. consider aside from the subjects the president designated in his proclamation.  Usually, the session of Congress are open to the public. However, there are cases in which Congress conduct closed door. Meetings of any of its committees. These are called executive sessions where the attendance is limited only to the members of the committee conducting the meetings and a few staff. An executive session is held if the matters to be discussed involve national security. Officers of Congress The head of the Senate is the Senate President while the Speaker of the House heads the House of Representatives. They are elected by a majority vote of all its respective members and usually nominated by the majority party (Sec. 16(1). They have no fixed term and may be replaced anytime if the majority of each chamber to desire. After the Senate President and the Speaker of the House follows the Senate President Pro Tempore, the Speaker Pro Tempore, the majority and the minority floor leader, the chairmen of the various standing and special committees.  Majority floor leader comes from the political party who has the greater number of elected legislators while the minority floor leader is selected from the political party which has the minority number and takes the role of the opposition. Every Senator or Representative belongs to different standing committees or special committees either as chairman or members. The distribution and assignment of chairmanship of every committee is controlled by the majority party while its membership is based on proportional representation from the majority and minority parties. Quorum Sec. 16 (2) states that “ a majority of all the members of each house constitutes a quorum to do business” Quorum refers to any number sufficient to transact business. Majority here refers to fifty percent of the membership plus one. In the absence of a quorum, Section 16 (2) provides that the smaller number of members can adjourn from day to day and compel the attendance of absent members in such manner and under such penalties, each House may provide. In that case, the smaller number of members in each house may temporarily designate an acting Senate President as the case may be and issue orders a to compel attendance of other members according to the Rules of Proceeding, each House has adopted. Rules of Proceedings and Discipline of Members Rules of proceedings are the rules adopted by each house to regulate the mode and manner of conducting its business. Commonly called House Rules, it is important to ensure the smooth and orderly business of the House.  In case of Disorderly behavior, which each house defines, it can suspend a member for 60 days or expel a member after a vote of two-thirds of all its members (see Sec. 16 (3). Hence, a member of Congress can be remove before the expiration of his term by expulsion.