1 Presentation title 20XX

Philippine
Politics and
Governance

Sir. Marlon M. Mano

LESSON 6

THE LEGISTATIVE
DEPARTMENT
"The powers of Congress must be
defined, but their means must be
adequate to the purposes of their
constitution. It is possible there may
be abuses and misapplications; still, it
is better to hazard something than to
hazard at all.“

-Oliver Ellsworth letters to Governor Trumbull

"The members of the legislative
department are numerous. They are
distributed and dwell among the people
at lage. Their connections of blood, of
friendship and of acquaintance
embrace a great proportion of the most
influential part of the so- ciety they are
more immediately the confidential
guardians of their rights and liberties“

- JAMES MADISON
 The Legislative
Department
This lesson is a survey of the legislative branch of the
government of the Philippines. It also focuses on the
components of the Constitution that pertain to the
legislative power and the important role that the
legislative branch plays in our government.

6
 At the end of this lesson, the students are able to:

1. Discuss the functions and responsibilities of the

Philippine Senate and the House of Representatives.
2. Assess the performance of the Philippine Congress.
3. Defend a position or advocacy legislative.

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 PH

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Principle of Separations of Powers

Each government branch is not permitted to

encroach upon the powers confided to others. The
arbitrary rule will result if the same body is to
exercise all the powers of the govern ment.

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 Principle of Checks and Balances

Authorizing a considerable amount of encroachment or checking by one branch

in the al- fairs of the others. Each branch is given certain powers with which to
check the others.

-> President may disapprove bills enacted by Congress

-> Congress may reject appointments by the Pres.
-> Judiciary may declare unconstitutional laws passed by the Congress
Executive order No.464
September 26, 2005
This is to implement the Constitutional provisions on the
separation of powers between co- equal branches of the
government, all heads of departments of the Executive
Branch of the Government shall secure the consent of the
President before appearing before either House of
Congress.

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 Supreme Court Ruling
on E.O. 464
Congress undoubtedly has a right to information from
the executive branch whenever it is sought in aid of
legislation. If the executive branch withholds such
information on the ground that it is privileged, it must
so assert it and state the reason therefore and why it
must be respected.

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 Supreme Court Ruling
on E.O. 464
The infirm provisions of E.O. 464, however, allow the
executive branch to evade congressional requests for
information without the need of explicitly asserting a
right to do so and proffering its reasons therefor. By the
mere expedient of invoking said provisions, the power of
Congress to conduct inquiries in aid of legislation is
frustrated. That is impermissible.

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 Executive privilege covers all
confidential or classified information
between the
 President and the Public Officers,
including:
1) Military, diplomatic and other national security matters
which in the interest of national security should not be
divulged.
2) Information between inter-government agencies prior to the
conclusion of treaties and executive agreements.
 President and the Public Officers,
including:
3) Discussion in closed-door Cabinet meetings

4) Matters affecting national security and public order.

Article VI –
Legistative
Department
 Section 1
The legislative power shall be vested in the Congress
of the Philippines which shall consist of a Senate and
a House of Representatives. Legislative Power refers
to power to make laws, and subsequently, to alter and
repeal them

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 Section 2

The Senate shall be composed of

twenty-four (24) Senators.

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 Section 3
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.

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 Section 4
The term of office of the Senators shall be six years (6) 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 conti- nuity of his service for the
full term for which he was elected.

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 Section 5
The House of Representatives-shall be
composed of not more than two hundred
and fifty members... who shall be elected
from legislative districts

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 Section 5
The Party-List representatives shall constitute
twenty per centum of the total number of
representatives...labor, peasant, urban poor,
indigenous cultural communities, women, youth,
and such other sectors as may be provided by law.

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 TWO KINDS OF HOUSE OF
REPRESENTATIVES

DISTRICT ELECTED DIRECTLY AND PERSONALLY FROM THE

REPRESENTATIVE TERRITORIAL UNIT HE IS SEEKING TO REPRESENT.

CHOSEN INDIRECTLY, THROUGH THE PARTY HE

REPRESENTS, WHICH IS THE ONE VOTED FOR BY THE
PARTY LIST
ELECTORATE. THIS IS TO GIVE AN OPPORTUNITY TO
REPRESENTATIVE MARGINALIZED SECTORS TO HAVE THEIR VOICES
HEARD.

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 Section 6
No person shall be a Member of the House of Representatives unless he is a
natural - born citizen of the Philippines and, on the day of the election, is, at
least, twenty-five yr of age, able to read and write, and, except for the party-
list representatives, a registered years voter in the district in which he shall
be elected, and a resident thereof for a period of not less than one year
immediately preceding the day of the election.
 Section 7
The Members of the House of Representatives shall be
elected for a term of three years No member of the
House of Representatives shall serve for more than three
consecutive terms
 Section 11
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.
 FREEDOM FROM ARREST
Offenses punishable by not more than six years
imprisonment

While Congress is in session

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 THE REASON FOR THE
CONGRESSIONAL PRIVILEGES
To enable members of Congress to discharge their functions
adequately and without fear. It is true that the rights may be
abused. However, the harm which would come from its abuse is
considered slight compared to that which might arise if the
privileges were not given.
 Section 12
All Members of the Senate and the House of Representatives
shall, upon the assumption of office, make a full disclosure of
their financial and business interest. 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.

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 Section 13
No Senator or Member of the House of Representatives may hold
any other office or employment in the Government...during his
term without forfeiting his seat. Neither shall he be appointed to
any office which may have been created nor the emoluments
thereof increased during the term for which he was elected.

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 Section 13
The office which is not held by a member of a Congress
INCOMPATIBLE outside the legislative department. There is a need for
OFFICE members to devote their time and attention to the
discharge of their legal responsibilities.

The office which a member of a Congress may not be a

beneficiary because of being a participant when said the
FORBIDDEN OFFICE office was created. Hence, a member of Congress shall
not be eligible for appointment to such office even if he
resigns.

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 Section 15
The Congress shall convene once every year on the fourth Monday of
July for its regular session, and shall continue to be in session for such
number of days as it may determine until thirty days before the
opening of its next regular session, exclusive of Saturdays. Sundays,
and legal holidays. The President may call a special session at any
time.

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 Section 16
1. The Senate shall elect its President and the House of
Representatives its Speaker, by a majority vote of all its
respective Members.

2. A majority of each House shall constitute a quorum to

do business

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 Section 16
3. Each House may determine the rules of its proceedings, punish its
Members for disorderly behavior, and, with the concurrence of two-thirds
of all its Members, suspend or expel a Member. A penalty of suspension,
when imposed, shall not exceed sixty days.

4. Each House shall keep a Journal of its proceedings, and from time to
time publish the same, excepting such parts as may, in its judgment, affect
national security

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 Section 16
Some membership which is competent to transact its
QUORUM business; is, at least, one- half plus one of the
members of a body.

The official record of what is done and passed in a

LEGISTATIVE
legislative assembly and the proceedings occurred
JOURNAL from day to day.

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 Section 17
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..

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 Section 18

There shall be a Commission on Appointments. shall

act on all appointments submitted to it

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 Section 21
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 proce- dure. The
rights of persons appearing in or affected by such inquiries shall
be respected,

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 Section 26
No bill passed by either House shall become a law unless it has
passed three readings on separate days, and printed copies thereof in
its final form have been distributed to its Members three days before
its passage... Upon the last reading of a bill, no amendment to it shall
be allowed, and the vote thereon shall be taken immediately after that,
and the yeas and nays entered in the Journal.

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 STEPS IN THE PASSAGE OF A BILL

First Reading 2ND Reading 3RD Reading

Reading of the The bill is read in its Members merely
number, title of the entirety, scrutinized, register their votes
measure and name debated upon and and explain them.
of the author amended when No further debate is
desired allowed

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 Section 27
Every bill passed by the Congress shall, before it becomes law, be presented to the Pres
ident. If he approves the same, he shall sign it; otherwise, he shall veto it and return the
same with his objections to the House where it originated, which shall enter the objections
at large on its Journal and proceed to reconsider it. If, after such reconsideration, two-
thirds of all the Members of such House shall agree to pass the bill, it shall be sent...to the
other House by which it shall likewise be reconsidered, and if approved by two-thirds of all
the Members of that House, it shall become law. The Pres- ident shall communicate his veto
of any bill to the House where it originated within thirty days after the date of receipt
thereof; otherwise, it shall become law as if he had signed it.
Three ways when a bill may become a law

When the When the President

When the President vetoes does not
the bill and the communicate his
President
same is overridden veto within 30 days
approves the bill by 2/3 votes of all after the date of
by signing it. the members of receipt.
both Houses.

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 Constitution.
1 It is the fundamental or the supreme law of the land.

Statute.
2 This is law passed by Congress.

Types of 3
Treaties
This is agreement entered between and among the Philippines and

law
other States

Jurisprudence.
4 This is law composed of decisions promulgated by the Supreme
Court.

Treaties
5 This is agreement entered between and among the Philippines and
other States
Thank you!