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Legislative Department : Senate

Encarnacion, Gillian Charie E .

11 HUMSS 2201

Understanding Culture, Society and Politics

Mr. Adrian Caparas

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According to 1987 Constitution, these are the task of the Senate and its

Function

The shall composed of twenty-four Senators who shall be elected at large by the

qualified voters of the Philippines, as may be provided by law.

No person shall be a Senator unless he is a natural-born citizen of the Philippines, and,

on the day of the election, is at least thirty-five years of age, 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.

The term of office of the Senators shall be six years and shall commence, unless

otherwise provided by law, at noon on the thirtieth day of June next following their

election.

No Senator shall serve for more than two consecutive terms. Voluntary renunciation of

the office for any length of time shall not be considered as an interruption in the

continuity of his service for the full term for which he was elected.

In case of vacancy in the Senate or in the House of Representatives, a special election

may be called to fill such vacancy in the manner prescribed by law, but the Senator or
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Member of the House of Representatives thus elected shall serve only for the unexpired

term.

The salaries of Senators and Members of the House of Representatives shall be

determined by law. No increase in said compensation shall take effect until after the

expiration of the full term of all the Members of the Senate and the House of

Representatives.

A Senator or Member of the House of Representatives shall, in all offenses punishable

by not more than six years imprisonment, 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.

All Members of the Senate and the House of Representatives shall, upon assumption of

office, make a full disclosure of their financial and business interests. They shall notify

the House concerned of a potential conflict of interest that may arise from the filing of a

proposed legislation of which they are authors.

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

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term without forfeiting his seat. 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.

No Senator or Member of the House of Representatives may personally appear as

counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial

and other administrative bodies. Neither shall he, directly or indirectly, be interested

financially in any contract with, or in any franchise or special privilege granted by the

Government, or any subdivision, agency, or instrumentality thereof, including any

government-owned or controlled corporation, or its subsidiary, during his term of office.

He shall not intervene in any matter before any office of the Government for his

pecuniary benefit or where he may be called upon to act on account of his office.

The Senate shall elect Its President and the House of Representatives its Speaker, by a

majority vote of all its respective Members.

The Senate and the House of Representatives shall each have an Electoral Tribunal

which shall be the sole judge of all contests relating to the election, returns, and

qualifications of their respective Members. Each Electoral Tribunal shall be composed

of nine Members, three of whom shall be Justices of the Supreme Court to be

designated by the Chief Justice, and the remaining six shall be Members of the Senate

or the House of Representatives, as the case may be, who shall be chosen on the basis
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of proportional representation from the political parties and the parties or organizations

registered under the party-list system represented therein. The senior Justice in the

Electoral Tribunal shall be its Chairman.

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 and parties or organizations registered under the party-list

system represented therein. The Chairman of the Commission shall not vote, except in

case of a tie. The Commission shall act on all appointments submitted to it within thirty

session days of the Congress from their submission. The Commission shall rule by a

majority vote of all the Members.

The Electoral Tribunals and the Commission on Appointments shall be constituted

within thirty days after the Senate and the House of Representatives shall have been

organized with the election of the President and the Speaker. The Commission on

Appointments shall meet only while the Congress is in session, at the call of its

Chairman or a majority of all its Members, to discharge such powers and functions as

are herein conferred upon it.

The Senate or the House of Representatives or any of its respective committees may

conduct inquiries in aid of legislation in accordance with its duly published rules of
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procedure. The rights of persons appearing in or affected by such inquiries shall be

respected.

The following is an overview of the tasks and functions of the Senate

The Senate: renders decisions on topics of national importance; represents the interests

of the citizens of its member states and territories; proposes, discusses, and votes on

bills and amendments; investigates issues in committees; and scrutinizes—closely

examines—executive government.

The Constitution, laws governing the status, authority, institutions, and funding of the

federated entities (the Regions and Communities), laws governing intrafederal

cooperation, conflicts of competence, conflicts of interest, and the exercise of the right

to substitute, laws pertaining to the Constitutional Court, the Council of State, and laws

pertaining to the Council of Federal Agencies are the main topics covered by the

legislative authority of the Senate.

Typically, the Senate has the same amount of legislative power as the House (plain

bicameral procedure). The Constitution frequently calls for qualified majorities on

institutional matters. The Senate’s legislative authority in a few areas is restricted to

making amendments (right of evocation).

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The Senate has the authority to create information reports on cross-cutting issues, or

federal issues that have an impact on regional and local authority. It is able to do this in

almost any situation. Even while the idea of participation can only be fully implemented

by a paralegislative power, the creation of such reports is its maximum expression.

Other authorities still remain with the Senate. These responsibilities include handling

written inquiries, nominating or appointing senior judges for the Constitutional Court,

Council of State, and High Council for Justice, resolving conflicts of interest, working

with other parliamentary bodies, and conducting subsidiarity checks.

https://www.senate.be/english/SenateCompetencesEN.html

https://peo.gov.au/understand-our-parliament/your-questions-on-notice/questions/what-

is-the-role-and-function-of-the-senate/#:~:text=Role%20of%20the%20Senate.,-

Parliamentary%20Education%20Office&text=The%20Senate%3A%20decides

%20matters%20of,%E2%80%94closely%20examines%E2%80%94executive

%20government
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