Article VI

LEGISLATIVE DEPARTMENT
LEGISLATIVE POWER the authority under the Constitution to make laws
and subsequently, when the need arises, to alter and repeal them

LAWS statutes which are written enactments of the legislature governing

the relations of the people among themselves or between them
and the government and its agencies

GOVERMENTAL PRINCIPLES

SEPARATION OF POWER the officers entrusted with each of these powers

(Legislative, Executive, Judiciary) are not permitted to encroach
upon the powers confided to the others
 if one department goes beyond the limits set by the Constitution,
its acts are null and void
 motivated by the belief that arbitrary rule would result if the same
person or body were to exercise all the powers of government
 each branch are to promote governmental efficiency by insuring
that all functions of government are performed by the people
(or branch) especially assigned to discharge
FYI. Please disregard the ‘federal’ in Approves federal judges. We are unitary in form.
CHECKS AND BALANCES - there is no absolute separation among the three
principal organs (Legislative, Executive, and Judiciary) of government

Constitutional provisions authorize a considerable amount of

encroachment or checking by one department in the affairs of the
others

also observed along with the doctrine of separation of powers to

make the presidential system workable
 BICAMERAL LEGISLATURE
SENATE
 elected by registered voters
 24 Senators
 natural born citizen ; at least 35 yo on the day of the election ;
able to read and write ; registered voter ; resident of not less than 2
yrs immediately preceding the day of the election
 serve more than 2 consecutive terms ( 6 years)
 240,000 each annually (FOR VP, Senate President, Speaker of
the House and Chief Justice)
HOUSE OF REPRESENTATIVES
natural born citizen; at least 25 yo on the day of election; able to
read and write; registered voter in the district in which he shall be
elected (except for party-list representative); resident of not less
than 1 yr preceding the day of the election
 elected from legislative or congressional district and party list system

 not more than 250 members as indicated in the constitution

however subject to increase of population (currently we have a total
of 287 members)
 a representative cannot serve continuously serve for more than 9
years

no single party may hold more than 3 party-list seats

 204,000 each annually (Senators, members of the House of the

Representatives, Associate Justices of the Supreme Court and
Chairmen of the Constitutional Commission
 CEBU PROVINCE

Gullas, Eduardo R. Garcia, Pablo P. Garcia, Pablo John F. Salimbangon, Benhur L.

Representative Representative Representative Representative
Cebu, 1st District Cebu, 2nd District Cebu, 3rd District Cebu, 4th District
Term: 3 Term: 2 Term: 2 Term: 2
City: Municipalities: City: City:
Carcar City, Naga Alcantara, Alcoy, Toledo City Bogo City
City, Talisay City Alegria, Argao, Badian,
Boljoon, Dalaguete, Municipalities: Municipalities:
Municipalities: Dumanjug, Ginatilan, Aloguinsan, Bantayan,
Minglanilla, San Malabuyoc, Moalboal, Asturias, Balamban, Daanbantayan,
Fernando, Sibonga Oslob, Ronda, Barili, Madridejos, Medellin,
Samboan, Santander Pinamungahan, San Remigio, Santa Fe,
Population (2007): Tuburan, Tabuelan Tabogon, Tabuelan
572,436 Population (2007): (established 1953)
401,046 Population (2007): Population (2007):
451,465 418,580
http://www.congress.gov.ph/members/index.php?v=province&congress=15
Durano, Ramon VI H. Quisumbing, Gabriel R.
Representative Representative
Cebu, 5th District Cebu, 6th District
Term: 3 Term: 1

City: Danao City City: Mandaue City

Municipalities: Borbon, Municipalities:

Carmen, Catmon, Consolacion,
Compostela, Liloan, Cordova
Pilar, Poro, San
Francisco, Sogod, Population (2007):
Tudela 451,185

Population (2007):
459,868
 CEBU CITY
Del Mar, Rachel Marguerite B.
Representative
Cebu City, 1st District
Term: 1
Barangays: Adlaon, Agsungot, Apas, Bacayan,
Banilad, Binaliw, Budla-an, Busay,
Cambinocot, Camputhaw, Capitol Site,
Carreta, Central (Santo Niño), Cogon Ramos,
Day-as, Ermita, Guba, Hipodromo, Kalubihan,
Kamagayan, Kasambagan, Lahug, Lorega San
Miguel, Lusaran, Luz, Mabini, Mabolo Proper,
Malubog, Pahina Central, Parian, Paril, Pit-os,
Pulangbato, Sambag I, Sambag II, San Antonio,
San Jose, San Roque, Sirao, Santa Cruz, T.
Padilla, Talamban, Taptap, Tejero, Tinago,
Zapatera
Population (2007): 372,099
Osmeña, Tomas R.
Representative
Cebu City, 2nd District
Term: 1
Barangays:
Babag, Basak Pardo, Basak San Nicolas,
Bonbon, Buhisan, Bulacao, Buot-Taup,
Calamba, Cogon Pardo, Duljo, Guadalupe,
Inayawan, Kalunasan, Kinasang-an,
Labangon, Mambaling, Pahina San Nicolas,
Pamutan, Pasil, Poblacion Pardo, Pung-ol
Sibugay, Punta Princesa, Quiot, San Nicolas
Proper, Sapangdaku, Sawang Calero, Sinsin,
Sudlon I, Sudlon II, Tabunan, Tagbao, Tisa,
Toong
Population (2007): 426,707
 PARTY LISTS

1 CARE AN WARAY SENIOR CITIZENS

1-UTAK ANAD TUCP
A TEACHER ANAKPAWIS UNA ANG PAMILYA
AA KASOSYO ANG KASANGGA YACAP
AAMBIS-OWA APEC
AANGAT TAYO ATING KOOP
ABANTE MINDANAO AVE
ABONO BAGONG HENERASYON
ABS BAYAN MUNA
ACT TEACHERS BUHAY
AGAP BUTIL
AGBIAG CIBAC
AGHAM COOP NATCCO
AGP DIWA
AKBAYAN GABRIELA
AKO BICOL KABATAAN
ALAGAD KAKUSA
ALAY BUHAY KALINGA
ALE PBA
ALIF
ARTICLE XVIII – Section 2
The Senators, Members of the House of Representatives, and
the local officials first elected under this Constitution shall serve
until noon of June 30, 1992.

Of the Senators elected in the election in 1992, the first twelve

obtaining the highest number of votes shall serve for six years
and the remaining twelve for three years.
Illustration:
1987 – 1992 those elected in 1987,served until 1992
As transition, 24 senators were elected in 1992:
1992 – 1998 first 12 that obtained highest votes served 6 years
1992 – 1995 remaining were to serve 3 years
Thus now, there are senators to be elected in midterm and presidential
election upon expiration of their respected term. Pattern of election since
transition:
1992 – 1998 – 2004 – 2010 - 2016 Presidential election
1992 – 1995 – 2001 – 2007 – 2013 Midterm election
KINDS OF ELECTION
•REGULAR ELECTION every 2nd Monday of May (in interval) as scheduled
and indicated in the Constitution

•SPECIAL ELECTION may be called in case of vacancy in the Senate or

House of Representative in a manner prescribed by law
- authority to call for a special election may be given by law to the
Commission on Elections
POWERS OF THE CONGRESS
 GENERAL LEGISLATIVE POWER enact laws intended as rules of conduct to
govern the relations among individuals or between the individuals
and the State

 SPECIFIC POWERS powers which the Constitution expressly directs or

authorizes Congress to exercise
power to choose who shall become President in case two or more
candidates have an equal number of votes; confirm certain
appointments by the President; promote social justice; declare the
existence of a state of war; to impose taxes; appropriate money; to
impeach; act as a constituent assembly
 IMPLIED POWERS essential or necessary to the effective exercise of the
powers expressly granted
- power to conduct inquiry and investigation in aid of legislation;
to punish for contempt; to determine the rules of its proceedings

 INHERENT POWERS powers which are possessed and can be exercised by

every government because they exist as an attribute of
sovereignty
- power of taxation; power of eminent domain; and police power
 STEPS IN THE PASSAGE OF BILL
1) FIRST READING
bill proposal by any member of either House (Senate or House of
Representatives) signed by him and be referred to the proper committee

MATERIALS\LEGISLATIVE DEPARTMENT\List of Committees - Senate of the Philippines.htm

MATERIALS\LEGISLATIVE DEPARTMENT\House of Representatives - 15th Congress of the

Philippines-Committees.htm

• the bill is filed with the Office of the Secretary where it is given a
corresponding number and calendared for first reading
• principal author of the bill may propose the inclusion of additional authors; the
bill is read by its number and title ad the name/names of the authors or author
2) REFERRAL TO APPROPRIATE COMMITTEE
• immediately after the First Reading, the bill is referred to the proper
committee or committees for study and consideration
• if necessary, hearings and consultation is done during this period; it then
approves a bill with or without amendments or recommends substitution or
consolidation with similar bills filed
• if disapproved, the bill dies a natural death unless the House decides
otherwise following the submission of the report
3) SECOND READING
• if the bill is approved by the Committee, it will then be forwarded to the
Committee on Rules to be calendared for deliberation
• 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
4) DEBATE
• a general debate is opened after the Second Reading and sponsorship of speech
of the author of the bill
• amendments may be proposed by any member of Congress; insertion of
changes or amendments shall be done in accordance with the rules of either
House; the House may either 'kill' or pass the bill
5) PRINTING AND DISTRIBUTION
• takes place after approval of the bill in the Second Reading
• the bill is ordered to be printed in its final form or version and copies of it are
distributed among the members of the House three days before its passage
except in case of bills certified by the President

6) THIRD READING
• only the title of the bill is read; nominal voting is held
• in this stage (last reading of the bill), no amendment is allowed and the vote
taken immediately thereafter (yeas (YES) and nays (NO) ) are entered in the
journal
• any member may abstain; as a rule, a majority of the members constituting
a quorum is sufficient to pass a bill

7) REFERRAL TO THE OTHER HOUSE

• is approved, the bill is then referred to the other House where substantially
the same procedure takes place
• if the other House approved the bill without changes or amendments, the
final version is signed by the Senate President and the Speaker of the House
of Representatives
8) SUBMISSION TO JOINT BICAMERAL COMMITTEE
• ONLY takes place if there are differences between the House's bill and the
Senate's amended version
JOINT BICAMERAL
committee involving members from both Houses
conference committee for compromise or to reconcile conflicting provisions
• if either House accepts the changes made by the other, no compromise is
necessary
9) SUBMISSION TO THE PRESIDENT
• a bill approved in the Third Reading by both Houses shall be printed and
transmitted to the President for his approval or disapproval
APPROVAL - the President signs it and becomes a law
DISAPPROVE - vetoes it and sends the bill back to which House it originated with
his veto message

if the President does not communicate his veto of any bill to the House where it
originated within 30 days from receipt, the bill shall become a law, as if he
signed it

POCKET VETO POWER - disapproval of a bill by inaction of the President

- this power does not apply in our context
TERMS:
BILL draft of a law submitted to the consideration of legislative body
for its adoption

LEGISLATIVE MILL entire process of getting a bill through and become a law

LEGISLATIVE JOURNAL official record of what is done and passed in a

legislative assembly; proceedings are entered therein in
chronological order as they occur from day to day

STATUTE written will of the legislature as an organized body expressed

according to the form necessary to constitute it into a law of the
state, and rendered authentic by certain prescribed forms and
solemnities; often referred to as ACT

VETO to forbid or deny;

Purpose: to enable the executive department to protect its integrity as an
equal branch of the government and thus maintain an
equilibrium of governmental powers
- provide a check on hasty, corrupt, or ill-considered legislation
QUORUM number that makes a lawful body and gives it power to pass a law
or ordinance or any valid corporate act ; at least one-half of the
members of a body

RULES OF PROCEDURE rules made by any legislative body to regulate the

mode and manner of conducting its business

ADJOURN conclude a day's session to committee meeting

 PARLIAMENTARY IMMUNITY

FREEDOM FROM ARREST privilege from arrest while Congress is in session;

whether or not attending session; intended for the members of
the Congress to discharge their functions adequately and without fear
- cannot be invoked for offenses punishable for more than 6 years;
- and if Congress is no longer in session
- privilege is personal and thus may be waived

FREEDOM FROM BEING QUESTIONED FOR SPEECH AND DEBATE

member of the Congress shall not be questioned nor be held liable in any
other place for any speech or debate "in the Congress or in any committee
thereof“

cannot be claimed when member is not acting as a member of Congress

-member is being questioned in Congress where his words
and conduct are disorderly and unbecoming of a member
thereof
 DISQUALIFICATION TO HOLD OFFICE OR EMPLOYMENT

INCOMPATIBLE OFFICE referring to right to hold any other office or employment ;

includes any kind of office or employment in the government, or any
subdivision, agency or instrumentality including government-owned
or -controlled corporations (GOCCs) or their subsidiaries

Additional thought:
The purpose is to prevent owing loyalty to another branch of the government, to the
detriment of the independence of the legislature and the doctrine of the separation of powers.
Forfeiture of the seat is automatic. Thus for example, a congressman who was appointed as
secretary of the Department of Budget and Management is deemed to have automatically
forfeited his seat in the House of Representatives when he took his oath as secretary for DBM.
No resolution is necessary to declare his legislative post as vacant.

Not every other office or employment is to be regarded as incompatible office. There

are seats where it is permitted by the Constitution itself, eg. membership in the Electoral
Tribunal and in the Judicial and Bar Council. Moreover, if it can be shown that the second office
is actually an extension of the legislative position or is in aid of legislative duties, the holding
thereof will not result in the loss of the legislator's seat in the Congress. Legislators who serve as
treaty negotiators under the President.

http://politicsandgovernance.blogspot.com/2010/07/incompatible-and-forbidden-offices.html
FORBIDDEN OFFICE referring to the right to engage in certain activities any office
created or the emoluments of which have been increased during the
term of which he was elected

Additional thought:
The purpose is to prevent public trafficking in public office. Some legislators who do
not opt to run again in the public office might create or improve lucrative government positions
and in combination with the President, arrange that they be appointed in those positions, all at
the expense of public good.

The appointment however to the forbidden office is not allowed only during the term
for which a certain legislator was elected, when such office was created or its emolument
thereof. After such term, and even if the legislator is re-elected, the disqualification no longer
applies and he may therefore be appointed to the office.

http://politicsandgovernance.blogspot.com/2010/07/incompatible-and-forbidden-offices.html
 SESSIONS OF CONGRESS

REGULAR SESSION convene once every year on the 4th Monday of July unless a
different date is fixed by law
- session shall continue for such number of days as it may determine until 30
days before opening of its next regular session, exclusive of Saturdays,
Sundays and legal holidays

SPECIAL SESSION called by the President during recess to consider subjects or

legislation as he may designate
- President may limit the duration but once in special session, the Congress
may determine the duration in accordance with the needs and exigencies of
the business before it

EXECUTIVE SESSION secret meetings of the Congress or any of its committees

closed session is held if the issue to be discussed involves national security