The Legislative Department:
Three types of initiatives: The three types of initiatives
1. Legislative power in general: Legislative power
refers to the authority to make laws. It is vested in the
Congress of the Philippines, as stated in Section 1, Article
VI of the Philippine Constitution.
2. Classes of legislative power: The two classes
of legislative power are the regular legislative power and
the extraordinary legislative power. The regular
legislative power is exercised in the enactment of laws
during the regular sessions of Congress. The
extraordinary legislative power is exercised in certain
situations, such as in times of war or other national
emergencies.
3. Scope and limitations: The scope of legislative
power is broad and encompasses the power to enact
laws on various subjects. However, the exercise of
legislative power is subject to limitations imposed by the
Constitution, such as the prohibition on the passage of
irrepealable laws and the respect for individual rights
and freedoms.
4. Prohibition on passage of irrepealable laws:
The Philippine Constitution prohibits the passage of
irrepealable laws. This means that no law can be enacted
that is beyond the power of Congress to amend or
repeal. This provision ensures that legislative power
remains with the Congress and cannot be permanently
vested in any law.
5. Classification of legislative power: Legislative
power is classified into three categories: national,
regional, and local legislative power. National legislative
power is exercised by Congress, while regional legislative
power is exercised by autonomous regions. Local
legislative power is exercised by local government units,
subject to limitations set by law.
6. Who exercises legislative power: Legislative
power is primarily exercised by Congress, which is
composed of two chambers: the Senate and the House
of Representatives. However, legislative power can also
be exercised by local bodies through local legislative
assemblies, and by the people through initiatives and
referendums.
7. People’s initiative: People’s initiative refers
to the power of the people to directly propose and enact
laws or amendments to the Constitution. It is exercised
through a petition signed by a required number of
registered voters. The legal basis for people’s initiative is
provided in Section 32, Article VI of the Philippine
Constitution.
are the initiative on the Constitution, initiative on
statutes, and initiative on local legislation.
The initiative on the Constitution allows the people to
propose amendments to the Constitution. The initiative
on statutes allows the people to propose laws or
amendments to existing laws.
The initiative on local legislation allows the people to
propose ordinances in their respective local government
units.
Local initiative and its limitations: Local initiative refers
to the power of the people in a local government unit to
directly propose and enact ordinances. However, the
power of local initiative is limited to matters of local
concern and cannot override national laws or the
Constitution.
Indirect initiative: Indirect initiative refers to the power
of the people to propose legislation through their
representatives in Congress. It is exercised by submitting
a petition to Congress, which can then enact the
proposed legislation.
Referendum: Referendum is the process by which an
approved legislation is submitted to the people for their
approval or rejection through a direct vote. It allows the
people to participate in decision-making on important
issues. There are two classes of referendum: the
mandatory referendum, which is required for certain
types of legislation, and the optional referendum, which
is initiated by a petition of the people.
Plebiscite: A plebiscite is a direct vote by the people to
approve or reject proposed amendments to the
Constitution or other important matters. It is conducted
to seek the consent of the people on significant changes
in the legal framework of the country.
President’s legislative power under Martial law &
under revolutionary government: Under Martial law or
a revolutionary government, the President may exercise
legislative power through the issuance of decrees or
orders. However, this power is temporary and subject to
limitations imposed by the Constitution and
international law.
Chambers of Congress: Congress is composed of two
chambers: the Senate and the House of Representatives.
The legal basis for the chambers of Congress is provided
in Section 1, Article VI of the Philippine Constitution.
Nature, Senate, House of Representatives: The Senate
and the House of Representatives are the two chambers
of Congress. The Senate is composed of 24 senators,
while the House of Representatives is composed of
district representatives and party-list representatives.
Compositions, qualifications, and term: The Senate is
composed of 24 senators who are elected at large by the
qualified voters of the Philippines. They must be natural-
born citizens, at least 35 years old, able to read and
write, and registered voters. Senators serve a term of six
years, with half of the seats up for election every three
years. The House of Representatives is composed of
district representatives and party-list representatives.
Term v. tenure: The term refers to the length of time a
legislator serves in office, while tenure refers to the
actual period of service. For example, a senator serves a
term of six years, but their tenure may be shorter if they
resign or are removed from office before the end of their
term.
Residence v. domicile: Residence refers to the place
where a person actually lives, while domicile refers to
the place that a person considers their permanent home
or legal residence. The qualifications for legislators in
terms of residence or domicile are determined by law.
Animus manendi, animus non revertendi: Animus
manendi refers to the intention to stay in a particular
place, while animus non revertendi refers to the
intention not to return to a previous place of residence.
These concepts may be considered in determining a
person’s residence or domicile for the purpose of
legislative qualifications.
Theory of legal impossibility: The theory of legal
impossibility refers to a situation where it is legally
impossible for a person to comply with a requirement or
qualification imposed by law. In the context of legislative
qualifications, this theory may be invoked if a person is
unable to meet the residency or domicile requirement
due to circumstances beyond their control. The legal
basis for the theory of legal impossibility is derived from
constitutional provisions and relevant laws.
District representatives: District representatives are
members of the House of Representatives who are
elected from specific geographical districts. Each district
represents a specific constituency within the country.
The qualifications for district representatives are
provided in Section 6, Article VI of the Philippine
Constitution.
Party-list representatives: Party-list representatives are
members of the House of Representatives who are
elected through a party-list system. They represent
marginalized and underrepresented sectors of society.
The qualifications for party-list representatives are
provided in Section 5, Article VI of the Philippine
Constitution.
Term of office: The term of office refers to the duration
of time that a legislator serves in their position. In the
Philippines, senators serve a term of six years, while
district representatives and party-list representatives
serve a term of three years. The specific provisions on
the term of office for legislators are stated in the
Philippine Constitution.
Term limit: Term limit refers to the maximum number of
consecutive terms that a legislator can serve in a
particular position. In the Philippines, senators are
limited to serving two consecutive terms, while district
representatives and party-list representatives are limited
to serving three consecutive terms. The term limit
provisions are provided in the Philippine Constitution.
Creation of legislative districts: The creation of
legislative districts refers to the process of dividing the
country into specific geographical areas for the purpose
of electing district representatives. The creation of
legislative districts is based on population size and other
factors, as determined by law. The legal basis for the
creation of legislative districts is provided in the
Philippine Constitution and relevant laws.
Legislative apportionment and reapportionment: Refers
to the process of dividing the country into legislative
districts and determining the number of representatives
for each district. Reapportionment occurs every ten
years based on the results of the national census.
Rules of apportionment: Refers to the guidelines and
principles set by law for the division and allocation of
legislative districts.
gerrymandering: The manipulation of legislative district
boundaries to favor a particular political party or group.
It involves drawing district lines in a way that gives one
party an unfair advantage in elections.
Party-list system and its purpose: The party-list system
is a mechanism for the representation of marginalized
and underrepresented sectors in the House of
Representatives. Its purpose is to provide a platform for
these sectors to participate in legislation and policy-
making.
Parameters in the election of party-lists: The
parameters refer to the guidelines and qualifications set
by law for the registration and participation of party-list
groups in the elections. These parameters include the
requirement of representing marginalized sectors and
the prohibition of representing political dynasties or
groups advocating violence.
Seat allocation for party-list representatives: Refers to
the number of seats that party-list groups are entitled to
in the House of Representatives. The allocation is
determined based on the percentage of votes received
by each group in the elections.
Three (3) groups in the party-list system: The three
groups are national and regional parties, sectoral parties,
and organizations or coalitions registered with the
Commission on Elections (COMELEC).
National and regional parties: Refers to political
parties that have a nationwide or regional constituency
and are not limited to specific sectors. These parties can
participate in the party-list system and are entitled to a
certain number of seats in the House of Representatives.
Sectoral parties: Refers to political parties that represent
specific sectors or groups of marginalized and
underrepresented sectors. These parties can participate
in the party-list system and are entitled to a certain
number of seats in the House of Representatives.
Disqualifications of parties: Parties can be
disqualified from participating in the party-list system if
they do not meet the qualifications set by law, such as
representing marginalized sectors or advocating
violence.
Regular and special elections: Regular elections are
held every three years for the House of Representatives,
while special elections are conducted to fill vacancies
that occur outside the regular election cycle.
Vacancies: Refers to positions in the House of
Representatives that become vacant due to various
reasons, such as resignation, death, or disqualification.
Special elections are conducted to fill these vacancies.
Salaries: Refers to the compensation received by
members of the House of Representatives for their
services. The salaries are determined by law and may be
subject to adjustments.
Legislative privileges: These are special rights and
immunities granted to members of the legislative branch
to ensure their independence and effectiveness in
carrying out their duties. The legal basis for legislative
privileges is Section 11, Article VI of the Philippine
Constitution.
Privilege from arrest: This privilege ensures that
legislators are protected from arrest or detention while
Congress is in session, except in cases of treason, felony,
or breach of the peace. The legal basis for this privilege is
Section 11, Article VI of the Philippine Constitution.
Privilege of speech and debate: This privilege grants
legislators the freedom to express their opinions and
ideas without fear of legal consequences. It protects
them from being questioned, arrested, or prosecuted for
their legislative speeches or debates. The legal basis for
this privilege is Section 11, Article VI of the Philippine
Constitution.
Coverage of speech/debate: The coverage of speech and
debate privilege extends to all statements made by
legislators during legislative proceedings, including
committee hearings, floor debates, and official reports.
This privilege protects legislators from liability for their
statements made in the course of their legislative duties.
Inhibitions and disqualifications: These refer to
restrictions placed on legislators to prevent conflicts of
interest and ensure impartiality in decision-making.
Inhibitions and disqualifications may include restrictions
on holding certain positions, engaging in certain
activities, or accepting certain gifts or benefits. The legal
basis for inhibitions and disqualifications is provided in
various provisions of the Philippine Constitution, such as
Article VI, Section 14.
Conflict of interest: This refers to a situation where
a legislator’s personal or financial interests may influence
their decision-making or actions in a way that is not in
the best interest of the public or their constituents.
Legislators are expected to avoid conflicts of interest and
act in the public’s best interest. The legal basis for
addressing conflicts of interest is provided in various
provisions of the Philippine Constitution, such as Article
VI, Section 12.
Incompatible and forbidden office: These terms refer to
positions or offices that legislators are prohibited from
holding simultaneously with their legislative positions.
Incompatible offices are those that may create conflicts
of interest or compromise the independence of the
legislative branch, while forbidden offices are those
explicitly prohibited by law. The legal basis for
incompatible and forbidden offices is provided in various
provisions of the Philippine Constitution, such as Article
VI, Section 13.
Appearance as counsel, practice of profession:
Legislators are generally prohibited from appearing as
counsel before any court or quasi-judicial body. They are
also restricted from engaging in the practice of their
profession, except when it is directly connected with the
exercise of their legislative functions. The legal basis for
these restrictions is provided in various provisions of the
Philippine Constitution, such as Article VI, Section 14.
Sessions, regular and special sessions: Sessions refer to
the meetings of the legislative body where members
gather to conduct official business. Regular sessions are
the scheduled meetings of Congress as provided by the
Constitution, while special sessions are called by the
President to address specific urgent matters. The legal
basis for sessions is provided in various provisions of the
Philippine Constitution, such as Article VI, Section 15.
Recess: Recess refers to the period when the
legislative body is not in session. There are two types of
recess: individual recess, where members temporarily
leave the session to attend to personal matters, and
collective recess, where the legislative body adjourns for
a specific period. The legal basis for recess is provided in
various provisions of the Philippine Constitution, such as
Article VI, Section 16.
Quorum and voting majorities: The legal basis for
quorum and voting majorities is provided in Section 16,
Article VI of the Philippine Constitution. Quorum refers
to the minimum number of members required to be
present in order to conduct legislative business. Voting
majorities refer to the number of votes needed to pass
legislation or make decisions. The specific enumeration
of the required quorum and voting majorities is not
provided in the Constitution and is determined by the
rules of each legislative body.
Doctrine of shifting majority: The doctrine of shifting
majority refers to the principle that the majority needed
to pass a particular measure may vary depending on the
stage of the legislative process. It means that a measure
may require a different majority at different stages, such
as in committee deliberations, second reading, and third
reading. The legal basis for this doctrine is derived from
the rules and procedures of the legislative body.
Rule on adjournment: The legal basis for the rule on
adjournment is provided in Section 15, Article VI of the
Philippine Constitution. According to this provision,
neither House of Congress can adjourn for more than
three days without the consent of the other. This rule
ensures that both Houses of Congress are in session and
available for legislative business.
Adjournment sine die: Adjournment sine die means
adjourning without a designated date for reconvening. It
marks the end of a legislative session. The legal basis for
adjournment sine die is provided in Section 15, Article VI
of the Philippine Constitution.
Officers of Congress: The legal basis for the officers
of Congress is provided in Section 16, Article VI of the
Philippine Constitution. The Constitution provides for the
election of the Speaker and other officers of each House.
The specific enumeration and qualifications of these
officers are determined by the rules and procedures of
each legislative body.
Discipline of members: The discipline of members
of Congress is provided for in Section 16, Article VI of the
Philippine Constitution. The Constitution grants each
House the power to discipline its members for disorderly
behavior and, with the concurrence of two-thirds of all
its members, suspend or expel a member. The specific
rules and procedures for disciplining members are
determined by the rules of each legislative body.
Nature of disciplining authority: The disciplining
authority refers to the power of each House of Congress
to discipline its own members. This authority is derived
from the Constitution and is vested in the legislative
body itself. The specific rules and procedures for
disciplining members are determined by the rules of
each legislative body.
Suspension and expulsion: Suspension and expulsion are
disciplinary measures that can be imposed on members
of Congress for disorderly behavior or other violations.
Suspension refers to the temporary removal of a
member’s privileges and rights, while expulsion refers to
the permanent removal of a member from the legislative
body. The legal basis for suspension and expulsion is
provided in Section 16, Article VI of the Philippine
Constitution.
Electoral tribunal: The legal basis for the electoral
tribunal is provided in Section 17, Article VI of the
Philippine Constitution. The electoral tribunal is a body
established to decide election contests involving the
election and qualifications of members of Congress. It is
composed of members from the Supreme Court and the
legislative body concerned.
Nature, composition, and powers of electoral
tribunals: The nature, composition, and powers of
electoral tribunals are provided for in Section 17, Article
VI of the Philippine Constitution. The electoral tribunal is
composed of nine members, three of whom are justices
of the Supreme Court and six of whom are members of
the legislative body concerned. The tribunal has the
power to decide election contests, determine the validity
of election returns, and rule on matters related to the
Ad interim appointments:
Ad interim appointments refer to appointments made by
the President while Congress is not in session. These
appointments take effect immediately but are subject to
confirmation by the Commission on Appointments when
Congress reconvenes. The legal basis for ad interim
appointments is provided in Section 16, Article VII of the
Philippine Constitution.
qualifications of members of Congress.
Independence of electoral tribunal: The
independence of the electoral tribunal is ensured by its
composition, which includes justices from the Supreme
Court and members of the legislative body concerned.
This composition is designed to prevent any one branch
of government from exerting undue influence over the
decisions of the tribunal. The specific rules and
procedures for the independence of the electoral
tribunal are determined by law and the rules of the
tribunal itself.
Commission on Appointments: The legal basis for the
Commission on Appointments is provided in Section 18,
Article VI of the Philippine Constitution. The Commission
on Appointments is a constitutional body composed of
members from both Houses of Congress. Its main
function is to confirm or reject appointments made by
the President to certain positions, as specified in the
Constitution.
Nature, composition, and powers of the Commission on
Appointments: The nature, composition, and powers of
the Commission on Appointments are provided for in
Section 18, Article VI of the Philippine Constitution. The
Commission is composed of members from both Houses
of Congress, with the Senate President as its Chairman.
Its main power is to confirm or reject appointments
made by the President to positions specified in the
Constitution, such as heads of executive departments,
ambassadors, and other high-ranking officials.
Presidential appointments subject to confirmation: The
legal basis for presidential appointments subject to
confirmation is provided in Section 16, Article VII of the
Philippine Constitution. The President’s appointments to
certain positions, as specified in the Constitution, require
confirmation by the Commission on Appointments.