The Philippines is governed by a unitary form of government where

its Constitution provides for a bicameral structure, which means

the Philippine Congress has two chambers: the Senate and the House

of Representatives. The Senate is referred to as the upper house

and the House of Representatives is popularly known as the lower

house.1

Article VI Section 1 of the Philippine Constitution 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

provision on on initiative and referendum.”2

The Congress vested by the constitution with legislative

power enables it to enact, repeal, and amend law for the benefit

of the people. Such legislative power is the system of government

in the Philippines emanates from the citizens of the state but has

to be delegated to their representatives for convenience and

practicability. Hence, the system in the Philippines is

legislation through representatives, else it would be

inconvenient, impractical and unwieldy should it be directs people

assembly to make laws.3

1
Basierto, op. cit., 31
2
Article IV, Section 1, 1987 Philippine Constitution
3
Basierto, op. cit., 31
 The principle that surrounds this system of legislation is

that what has been delegated by the people should not be further

delegated or in Latin “Protestas delegare no protes delegate”,

except however if its provided by law. Under section 9 of the 1987

Philippine Constitution it was mandated that there must be sectoral

representatives to the local government bodies which will be

prescribe by the Congress. In keeping with the said mandate,

Republic Act No. 7160 otherwise known as the Local Government Code

of 1991 was enacted by the Philippine Congress.4

Chapter 3 Section 48 of the Local Government Code of 1991

states that the local legislative power shall be exercised

by the sangguniang panlalawigan for the province, the sangguniang

panglungsod for the city, the sangguniang bayan for the

municipality, and the sangguniang barangay for the barangay.”

There is no question therefore that the local legislative power is

vested in the local sanggunians.

4
Basierto, op. cit., 31-32