The Senate

Composition (Section 2)
“the senate shall be composed of twenty-four senators who shall be elected at large
by the qualified voters of the Ph, as may be provided by law.”
This rule intends to make Senate a training ground for national leaders and
possibly a springboard to the Presidency. The feeling that the Senator, will have a
broader outlook of the problems of the country instead of being restricted by
parochial viewpoints and narrow interests.
The Senate shall elect its President and the House of Representatives, its Speaker,
by a majority vote of all its respective Members.
Each House shall choose such other officers as it may deem necessary.

Qualifications (Section 3)
Section 3

The age qualification is fixed at 35 and must be possessed on the day of the
elections.
It has accordingly been held that “the term RESIDENCE referring to ‘the place where
a party actually or constructively has his permanent home, where he, no matter
where he may be found at any given time, eventually intends to return and remain
(animus manendi).
IN THE CONSIDERATION OF CIRCUMSTANCES, 3 RULES MUST BE BORNE IN MIND:
That a man must have a residence or domicile somewhere;
When once established it remains until a new one is acquired;
A man can have but one residence or domicile at a time.
If one wishes to change residence, he must demonstrate an actual removal or an
actual change of domicile, a bona fide intention of abandoning the former place and
establishing a new one.

Term (Section 4)
The term of the members of the Senate is governed by the ff provisions in Art VI
and XVIII:

Senators elected in 1992, the first 12 shall serve for 6 years, the following 12
shall serve for 3 years. (all in accordance of highest number of votes).
So that the senate shall not at any time be completely dissolved, one-half of the
membership is retained as the other half is re-placed or reelected every 3 years.
Is the Senate a Continuing Body?
Yes, Senate has been described as a “continuing” institution, “as it is not
dissolved as an entity with each national election or change in the composition of
its members.
Accordingly, ALL PENDING MATTERS AND PROCEEDINS of the senate of a particular
congress are considered TERMINATED upon the expiration of the Congress and it is
merely optional on the Senate of the succeeding Congress to take up such unfinished
matters as if presented for the first time.
Congress, “not a continuing body”, particularly with respect to the passage of
bills.




The House of Representatives

2.1. Composition (Section 5 (1))
- Composition is prescribed of 2 kinds of members: DISTRICT REPRENTATIVE and PARTY-
LIST REPRESENTATIVE.

District Representatives (Section 5(1)

Elected directly and personally, from the territorial unit he is seeking to
represent.

The territory was divided into 13 regions, in turn comprising 200 districts
apportioned amonth the provinces, cities, and Metro Manila in accordance with the
number of their respective inhabitants and on the number of their respective
inhabitants and on the basis of a uniform and progressive ratio.

Rules on Legislative Districting (Section 5 (3))

It’s not necessary for either a city or a province to have an additional population
of 250,000 to establish an additional legislative district.




Party-List Representatives (Section 5 (2)

-Chosen directly, through the party he represents, which is the one voted for by
the electorate.
- House of Rep composed of REGULAR DISTRICT REPRESENTATIVES and PARTY-LIST REP.
- Constitute 20% of the total membership of the body, including such
representatives.
- SECTION 2, “proportional representation in the election of representatives to the
House of Representatives through a party-list system of registered national,
regional and sectoral parties or organizations or coalitions thereof, which will
enable Filipino citizens belonging to the marginalized and underrepresented
sectors, organizations and parties, and who lack well-defined political
constituencies but who could contribute to the formulation and enactment of
appropriate legislation that will benefit the nation as a whole, to become members
of the House of Rep.”
Republic Act No. 7941 – where the rules for the selection of the party-list
representatives are embodied.
Section 9 provides that a nominee of the youth sector must at least be 25 but not
more than 30.

Qualifications (Section 6)
- the same with the qualification of the Senators and House rep.
-
- Natural born citizen of Ph
- at least 25 y.o.
- able to read and write
- (except for party-list rep) registered voter in the district in which he shall be
elected
- resident thereof for a period of not less than 1 year.
- Additional: for party-list rep, a bona fide member of the party he seeks to
represent at least 90 days before election day.
- SECTORAL: Belong to the sector represented, or have a track record of advocacy
for such sector.
- YOUTH: not more than 30 y.o. but may continue beyond that age until the end of
his term.
Meaning of Residence
a qualification for the district rep, must be in the district, not in the province
comprising the district, and is only for 1 YEAR IMMEDIATELY before the election.
Senate – must be for 2 YEARS BEFORE THE ELECTION, and anywhere in the Ph.
PURPOSE: to ensure familiarity with the conditions and problems of the constituency
sought to be represented and the consequent efficiency and concern in the discharge
of legislative duties on its behalf.

Term (Section 7)
- Under the Commonwealth Consti, the term of the members of House was 4 years.
- Under the 1973 Charter, members of the Batasang Pambansa was 6 years.
- NEW HOUSE OF REP, the term of the members is based on Sec 7.:
SECTION 7:
“The members of the House of Rep shall be elected for a term of 3 YEARS which shall
begin, unless otherwise provided by law, at noon on the thirthieth day of June next
following their election.
“No member shall serve for more than 3 consecutive terms. Voluntary renunciation of
the office for any lenth of time SHALL NOT BE CONSIDERED as an interruption in the
continuity of his service for the full term for which he was elected.”

-PURPOSE in reducing the term:

1. to synchronize elections, which in the cse of the Senate are held at three-year
intervals (to elect one half of the body) and in the case of the President and Vice
Pres every 6 years. Local officials are also 3 years.

-Member of the House and the Senators may not be re-elected any number of times.
- Senators can serve for no more than 12 consecutive years.
- House Rep is limited to 3 terms or 9 consecutive years.