Article No.

6
The Legislative Department

Group 2
The legislative branch of government is responsible for making laws
within a country. Legislatures are made up of people called
legislators who in democracies, are elected by the country’s
population.

 Objectives and guidelines:

• Concept of Legislative Power
• Composition, structure, qualifications, Privileges and prohibition to
members.
• Power of the Philippine Legislative Branch under the 1987
Constitution.
LEGISLATIVE POWER
 Power given by the constitution to make, modify, or repeal
laws
 Legislative power is conferred by the 1987 Constitution
to:
- The Congress of the Philippines
- The Filipino people (in cases of referendum
and initiative)
 THE STRUCTURE AND COMPOSITION OF THE PHILIPPPINE
CONSTITUTION

SENATETHE CONGRESS
OF THE HOUSE OF
PHILIPPINES REPRESENTATIVES
Not more than 250 members, subject to
increase by law.
NUMBER OF 24 Members
80% District 20% party-list
MEMBERS Representatives Representatives

TENURE 6 years per term

Max of 2 consecutive terms 3 years per term

MANNER OF By Congressional
At-large Districts At-large
ELECTION
• Senate President • Separate of the House
• President Pro-Tempore • Deputy Speakers ( per geographical
LEADERSHI • Floor Leaders (Majority/Minority) area)
P • Floor Leaders (Majority/Minority)
COMMITTEE SYSTEM
Formed by Congress to organize bills and
policy considerations of the legislative according to
specialization

 Two types: Standing and Select

 Q U A L IF IC A T IO N S O F T H E M E M B E R S O F C O N G R E S S

REQUIREMENTS SENATOR OF THE MEMBERS, HOUSE OF

PHILIPPINES REPRESENTATIVES
DISTRICT PARTY-LIST
REPRESENTAT REPRESENTATI
IVES VES

CITIZENSHIP Natural-Born Filipino citizen

MINIMUM AGE 35 years old on election day 25 years old on election day

RESIDENCY 2 years in the Philippine before the 1 year in the Member of the
election legislative district party-list
before the organization
election
REGISTERED VOTERS? Yes

EDUCATIONAL ATTAINMENT Can read and write

 POWERS OF THE PHILIPPINE CONGRESS

 LAW MAKING POWER

Power to make, amend, or repeal laws.
Proposed by Congress as bills and signed into law by the President.
• A bill starts on any of the houses of Congress and is scheduled in the calendar by the Rules Committee.
• FIRST READING: title of bill is read in the plenary. referred to a concerned committee for
consideration, and voted upon
• SECOND READING: bill is read in full, enters period of debates and amendments, and voted upon.
• THIRD READING: bill is read in its final form, voted upon, and transmitted to the other House (if
necessary) or undergoes to Bicameral Conference Committee for reconciliation of the House and
Senate Versions.
• PRESIDENTIAL ACTION: President my sign the law, veto, or do not act upon the law; bill becomes
a law if not acted upon within 30 days from receipt or veto was overridden by 2/3 vote of both houses.
• Unless specified, the law shall take effect 15 days after publication in the Official Gazette or in two (2)
newspapers of national circulation.
 IMPEACHMENT POWER
Power to remove high government officials to public office
Quasi-judicial, Quasi-political court.
OFFICIALS COVERED: President, Vice-President, Members of the Supreme Court,
Members of the Constitutional Commissions, the Ombudsman
GROUNDS FOR IMPEACHMENT: treason, bribery, graft and corruption, other high
crimes, betrayal of public trust.
FILING: Verified complaint filed at the House of Representatives by one of its members
or a citizen with an endorsement of a member.
VERIFICATION: House Committee on justice conducts hearing and endorses it to the
plenary, 1/3 vote of House Members needed for the complaint to be filed in the Senate for
trial
Impeachment complaints can be automatically filed in Senate if endorsed by 1/3
of the members of the HOR.
TRIAL: The Senate sits as Impeachment court and conduct trial; 2/3 vote of senate
members needed for official to be removal in office.
Confirm Presidential Appointments
25 members: Senate President + 12 HOR members + 12 Senators.

 RATIFICATION OF TREATIES
Congress has the power to ratify the treaties signed by the President
Exclusive for the Senate of the Philippines
 POWER OF APPROPRIATION
Congress has the power to create government budget, revenues,
tariffs, franchises, public debts, and all other appropriations
Shall originate in the House of Representatives.
 DECLARATION OF WAR
Declare war in concurrence of the 2/3 vote of the members of
both houses.
 CHECK MARTIAL LAW
Congress to meet within 72 hours from the declaration of Martial
Law, with the President of the Philippines explaining the grounds for
declaration
Affirm or revoke the declaration of Martial law and suspension of the
privilege of writ of habeas corpus.
 CONFER EMERGENCY POWER
Congress to give emergency powers to the President in times of war
or other national emergencies.
 PROGRESSIVE TAXATION
Congress has the power to create progressive and uniform taxation.
 LEGISLATIVE INQUIRY
Power of Congress to conduct investigations in aid of legislation.
 PRIVILEGES AND PROHIBITION TO MEMBERS
PARLIAMENTARY IMMUNITY
 Given to members of congress to discharge their duties adequately and
without fear.
 Available only while Congress is in session
 Composed of immunity from arrest and legislative privilege

IMMUNITY FROM ARREST

 Privilege not to be punished of any offenses punishable by not more than six
years imprisonment.
1. LEGISLATIVE PRIVILEGE
Privilege not to be questioned or held liable in any other place for any
speech or debate in the Congress or any committee.
2. PROHIBITIONS TO MEMBERS OF CONGRESS
Incompatible Office: not allowed to hold any other office or employment
in the government during their term without forfeiting their seats.
Prohibited Office: not allowed to any office that has been created or have
its emoluments increased during the term for which they were elected.

3. PROHIBITIONS TO MEMBERS OF CONGRESS

 Personally appear as counsel before any court
 Have financial interest in any government contract or privilege
 Intervent in any cause before any government office for their pecuniary benefit.