LEGISLATIVE DEPARTMENT

It deals broadly with the making, altering and repealing the law.

Etymology
• Legislative came from the Latin word lex, legis which means law.

Brief History
• Began with the unicameral on Malolos Congress of Phil. Republic 1898 – 1899
• Evolved into bicameral by virtue of Jones Act 1916 but lasted only until Nov. 1935
• Unicameral Nat’l Assembly replace the bicameral body after 1935 Philippine Constitution was
ratified
• 1941, the constitution was amended restoring the bicameral legislature (Philippine Legislature)
• Japanese-sponsored Phil. Republic 1942-1945 , Congress functioned as national legislature until
Sept. of 1972 (during Marcos regime and the country is under martial law)
The Batasang Pambansa ( A Unicameral Legislature)
• The Constitutional Convention, by virtue of an Act of Congress 1971, during the declaration of
martial law, was in the process of drafting a new Constitution. The final draft was adopted by
1972 Convention and was later ratified by Marcos in 1973.
• The presidential form of gov’t was changed to modified parliamentary form of Congress was
abolished and was replaced by an elected Unicameral National Assembly known as Batasang
Pambansa.
• Batasang Pambansa was made up of maximum 200 Members elected from different provinces
with their component cities. The Members had the term of six (6) years.
EDSA Revolution
• Ushered in a new political regime, Corazon Aquino forged a new gov’t.
• These political changes were: the abolition of the Batasang Pambansa, the organization of
Constitutional Commission that drafted a new charter, which was later ratified on February
1987.
• Then is the rebirth of the bicameral system, and the election of Members of New Congress.
• Legislative Power
• It is the essential authority under the Constitution to make laws, subsequently, when the need
arises, to alter and repeal them.
• It is the peculiar task of the legislature to prescribe general rules for the government of society.

Classification of Legislative Powers

• General legislative power – power to enact laws to govern the relations between individuals
and the State.
• Specific power – the Constitution expressly directs or authorizes to Congress
• Implied power – essential or necessary to the effective exercise of the powers expressly granted
• Inherent power – power possessed and can be exercised by every gov’t because they exist as an
attribute of sovereignty.
Powers of Congress
• Appointment of Public Officials
• Legislative inquiry and investigation
• Declare the existence of state of wae
• Ratify the country’s international treaties
• Authorize limited emergency powers for the President
• Approve gov’t budget
• Undertake projects under CDF
• Propose, review, and adopt bills for enactment of law
• Overturn a Presidential veto with respect to proposed legislation
• Allow referenda
• Proposed amendment to the constitution and call for constitutional convention

Limitations as to the Power of Legislative Department

• Congress may not:
1. Increase appropriations recommended by the executive branch
2. Pass tax exemptions without the concurrence of the majority of the members
3. Grants title of nobility
4. Pass ex post facto bills
5. Pass bill of attainder

Basic Structures
Unicameralism
• The legislative branch consisting only of one (1) chamber
Bicameralism
• Legislative power is vested in two chambers/houses
1. House of Representatives (lower house)
2. Senate House (upper house)
N.B. It has been created in place of unicameral set-up provided in 1973 Constitution

The Senate
• Composition and election
24 Senators elected at large
• Term of office
Six (6) years
• Maximum terms
disqualified to serve for more than two (2) consecutive terms
• Qualification
a. natural-born citizen of the Philippines
b. at least 35 years of age on the day of the election
c. able to read and write
d. a registered voter
 e. a resident of the Philippines for not less than two (2) years immediately preceding the day of the
election

House of Representatives
• Composition and election
not more than 250 members (Congressmen)
• Term of office
Three (3) years
• Maximum terms
disqualified to serve for more than three (3) consecutive terms
• Qualification
a. natural-born citizen of the Philippines
b. at least 25 years of age on the day of the election
c. able to read and write
d. except for a partly-list representative, a registered voter in a district in which he shall be
elected
e. a resident of the Philippines for not less than two (2) years immediately preceding the day of
the election

Sessions of the Congress

Regular Session
• Convene once every year on the 4th Monday of July, unless a different date is fixed by law.
• The session shall continue until for such number of days as it may determine until 30 days
before opening of its next regular sessions.
N.B.: Congress is virtually in session the entire year.
Special Session
• Takes place when the President calls Congress, at the time that it is in recess, to session to
consider certain subjects or legislation as he may designate.
N.B.: It is different from the ‘executive session’ which is a secret meetings of Congress or any of its
committee.

Separation of Powers
• The powers of government, by virtue of this principle, are divided into three (3) distinct classes
• The legislative
• The executive, and
• The Judiciary
These 3 branches of government have respective powers and are distributed accordingly.

Checks and Balances

• Constitution authorized a considerable amount of encroachment or checking by one
department in the affairs of the others.
 1. Checks by the President
The President may veto or disapprove the bills enacted by the Congress, and thru the pardoning
power, he may modify or set aside the judgments of courts.
2. Checks by Congress
The Congress may override the veto power of the President, reject certain appointments of the
President, revoke the proclamation of martial law or suspension of writ of habeas corpus, and
amend or revoke the decisions of the courts.
3. Checks by the judiciary
The Supreme Court as the final arbiter may declare legislative measures or executive acts
unconstitutional and determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of Congress or the President.

Parliamentary Privileges
• Congressmen have two (2) parliamentary privileges while Congress is in session:
1. Privilege from arrest
Immunity from offenses punishable by not more than six (6) years imprisonment
2. Privilege of speech and debate
Immunity from libel and slander

Transparency
• Elected Congressmen must:
1. Fully disclosed their financial and business interests
2. Disclose potential conflicts of interest that arise in the course of legislation
3. Keep from any other office or employment (appointed or otherwise), to do so will
forfeit his/her seat

Electoral Tribunal
• Composition
9 members
a. Three (3) Justices of Supreme Court (designated by Chief Justice)
b. Six (6) members of the Senate or the House of Representatives
• Constituted within 30 days after Senate and the House of Rep. shall have been organized with
the election of the President and the Speaker.

Commission on Appointments in Congress

• Composition
25 members
President of the Senate as ex officio chairman
12 Senators
12 members of House of Representatives
• Function
 To approve and disapprove appointments submitted to it by the President and by the
majority vote of all the members, within 30 session days of Congress from their
submission.

How a Bill becomes a Law?

• First Reading
• Any member of either House may present a proposed bill and signed by him.
• It shall be filed with the Office of Secretary for corresponding number and calendar of
reading
• The bill is read by its number and title and the name/s of its author.
• Referral to the appropriate committee
• The bill is referred to proper committee/s for study and consideration (hearings and
consultation)
• Approved bill is with or without amendments or recommending substitution or
consolidation with similar bills filed
• If disapproved, the bill dies as natural death unless the House decides for the
submission of the report
• Second Reading
• The bill is forwarded to the Committee on Rules to calendar for the deliberation of its
Second Reading
• The bill is read for the second time in its entirety together with the amendments, if any,
proposed by the committee unless the reading is dispensed with by a majority vote of
the House
• Debates
• It is opened after Second Reading and sponsorship speech of the author of the bill
• Amendments may be proposed by any member of the Congress
• The House may either “kill” or pass the bill
• The approved bill shall be included in the calendar for Third Reading
• Printing and distribution
• The bill is ordered to be printed in its final form
• Copies of it are distributed among the members of House three (3) days before its
passage
• Third Reading
• Only the title of the bill is on the floor
• Nominal voting is held
• No amendments is allowed and vote shall be taken immediately
• The yeas and nays shall be entered in the journal
• Referral to the other House
• If approved, the bill is referred to the other House where the same procedure takes
place
• If the other House approved the bill without changes the final version is signed by the
Senate President or Speaker of the House of Representative
• Submission to joint bicameral committee
• Difference between the two Houses shall be submitted to a conference committee of
members of both Houses to compromise conflicting provisions
• If either House accepts the changes made by other, no compromise is necessary
• Submission to the President
• Transmission of the approved bill to the Office of the President for his action – approval
or disapproval i.e., he signs it into law or vetoes and sends it back with his veto message
• If the President does not communicate his veto of any bill to the House where it
originated within 30 days, it shall become law as if it is signed.