The Legislative Branch

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The Legislative Branch

The Legislative branch is authorized to make laws, alter, and repeal them through the
power vested in the Philippine Congress. This institution is divided into the Senate
and the House of Representatives.
Introduction

According to the 1987 Constitution, legislative power shall be vested in the Congress
of the Philippines, which shall consist of a Senate and a House of Representatives.

The Senate shall be composed of twenty-four Senators who shall be elected at large by
the qualified voters of the Philippines, as may be provided by law; the House of
Representatives shall be composed of not more than 250 (unless otherwise fixed by
law), 20 percent of whom must be Party-list representatives.
The qualifications to become a senator, as stipulated in the constitution,
are:

1. a natural-born citizen of the Philippines;


2. at least thirty-five years old;
3. is able to read and write
4. a registered voter; and
5. a resident of the Philippines for not less than two years before election day.
Meanwhile, the constitution provides for the following criteria to become
a member of the House of Representatives:

1. a natural-born citizen of the Philippines;


2. at least twenty-five years old;
3. is able to read and write; and
4. except the party-list representatives, a registered voter and a
resident for at least one year in the district where s/he shall be
elected.
Legislative process

Congress is responsible for making enabling laws to make sure the spirit of the
constitution is upheld in the country and, at times, amend or change the constitution
itself. In order to craft laws, the legislative body comes out with two main documents:
bills and resolutions.
Resolutions convey principles and sentiments of the Senate or the House of
Representatives. These resolutions can further be divided into three different elements:

● joint resolutions — require the approval of both chambers of Congress and the
signature of the President, and have the force and effect of a law if approved.
● concurrent resolutions — used for matters affecting the operations of both
chambers of Congress and must be approved in the same form by both houses,
but are not transmitted to the President for his signature and therefore have no
force and effect of a law.
● simple resolutions — deal with matters entirely within the prerogative of one
chamber of Congress, are not referred to the President for his signature, and
therefore have no force and effect of a law.
Bills

Bills are laws in the making. They pass into law when they are approved by both
houses and the President of the Philippines. A bill may be vetoed by the President, but
the House of Representatives may overturn a presidential veto by garnering a 2/3rds
vote. If the President does not act on a proposed law submitted by Congress, it will
lapse into law after 30 days of receipt.
The Senate

In the Senate, the officers are the Senate President, Senate President pro tempore,
Majority Floor Leader, Minority Floor Leader and the Senate Secretary and the Senate
Sergeant at Arms who shall be elected by the Senators from among the employees and
staff of the Senate. Meanwhile, the Senate President, Senate President pro-tempore, the
Majority Floor Leader and the Minority Floor Leader shall be elected by the Senators
from among themselves.
The Officers of the
Senate
1. The Senate President

Widely regarded as the most powerful figure in the Senate, the Senate President is the
presiding officer of the Senate as well as the leader of the majority group. Under the
Constitution, the Senate President is regarded as third in line of succession, after the
President and Vice-President.
1. The Senate President

(a) To preside over the sessions of the Senate on the days and at the hours designated by it; to call the Senate to
order and, if there is a quorum, to order the reading of the Journal of the preceding session and, after the Senate
shall have acted upon it, to dispose of the matters appearing in the Order of Business in accordance with the Rules;

(b) To decide all points of order;

(c) To sign all measures, memorials, joint and concurrent resolutions; issue warrants, orders of arrest, subpoena
and subpoena duces tecum;

(d) To see to it that all resolutions of the Senate are complied with;

(e) To have general control over the session hall, the antechambers, corridors and offices of the Senate;
1. The Senate President

(f) To maintain order in the session hall, the antechambers, corridors and in the offices of the Senate, and whenever there is
disorder, to take appropriate measures to quell it;

(g) To designate an Acting Sergeant-at-Arms, if the Sergeant-at-Arms resigns, is replaced or becomes incapacitated;

(h) To appoint the subordinate personnel of the Senate in conformity with the provisions of the General Appropriations Act;

(i) To dismiss any employee for cause, which dismissal in the case of permanent and classified employees shall be in
conformity with the Civil Service Law; and

(j) To diminish or increase the number of authorized personnel by consolidating or separating positions or items whenever
the General Appropriations Act so authorizes and the total amount of salaries or allocations does not exceed the amount
earmarked therein.
The Senate President Pro Tempore

Like the President of the Senate, the Senate President Pro Tempore is also elected by
the members of the Senate. In the U.S., by custom, he is the most senior member of the
majority party. Although it is not exclusively followed here, for sometime in the past
Senates, senior members of the majority party are often elected as Senate President Pro
Tempore.
The Senate President Pro Tempore

(a) When the President is absent for one or more days;

(b) When the President is temporarily incapacitated; and

(c) In the event of the resignation, removal, death or absolute incapacity of the
President.
The Majority Leader

In the modern Senate, the second in command is the majority leader, whose primary
responsibility is to manage the legislative affairs of the chamber. While nothing in the
Rules of the Senate expressly states the powers of the Majority Leader, to a great
extent, he is very influential in the passage of bills. As the traditional Chairman of the
Committee on Rules, the Majority Leader helps formulate, promote, negotiate and
defend the majority’s legislative program, particularly on the floor.
The Minority Leader

The minority group chooses from among themselves the Minority Leader who is considered as the titular
head of the minority in the Senate and oftentimes called a “shadow president.”

In many past rigodons of the Senate or the so-called Senate “coups,” sometimes the minority leader
becomes the President and the ousted President becomes the minority leader.

The basic duties of the Minority Leader is that he becomes the spokesman for his party or group or
coalition and enunciates its policies. He is expected to be alert and vigilant in defense of the minority’s
rights. It is his function and duty to criticize constructively the policies and programs of the majority, and
to this end employ parliamentary tactics and give close attention to all proposed legislation.
The Senate Secretary

The Senate Secretary, who is elected by the members of the Senate, is the head of the
Secretariat. He assists the Senate President in extending adequate and timely legislative
and administrative support to the offices of Senators. He exercises supervision and
control over all the offices of the service units and officers and employees of the Senate
Secretariat. He formulates plans, policies and programs aimed at professionalizing the
institution.
Senate Committee

● Committee on Accountability of Public Officers and Investigations


● Committee on Accounts
● Committee on Agrarian Reform
● Committee on Agriculture and Food
● Committee on Banks, Financial Institutions and Currencies
● Committee on Civil Service and Government Reorganization
● Committee on Constitutional Amendments, Revision of Codes and Laws
● Committee on Cooperatives
● Committee on Economic Affairs
● Committee on Education, Arts and Culture
● Committee on Energy
Senate Committee

● Committee on Environment and Natural Resources


● Committee on Ethics and Privileges
● Committee on Finance
● Committee on Foreign Relations
● Committee on Games, Amusement and Sports
● Committee on Government Corporations and Public Enterprises
● Committee on Health and Demography
● Committee on Justice and Human Rights
● Committee on Labor, Employment and Human Resources Development
● Committee on Local Government
● Committee on National Defense and Security
Senate Committee

● Committee on Peace, Unification and Reconciliation


● Committee on Public Information and Mass Media
● Committee on Public Order and Illegal Drugs
● Committee on Public Services
● Committee on Public Works
● Committee on Rules
● Committee on Science and Technology
● Committee on Tourism
● Committee on Trade and Commerce
● Committee on Urban Planning, Housing and Resettlement
● Committee on Ways and Means
● Committee on Youth, Women and Family Relation
The Senate Secretary

He is assisted by three (3) Deputy Secretaries and the Senate Legal Counsel who are
separately in-charge of legislation, administration and finance, special support services,
and legal services.
The Deputy Secretary for Legislation

● The Office of the Deputy Secretary for Legislation advises and assists the Office of the
Secretary and the Senate Proper in the formulation of legislative policies and programs of the
Senate.
● Headed by a Deputy Secretary and assisted by the Executive Director for Legislation, it
exercises general supervision over all offices and units of the Secretariat that provide technical,
plenary, committee support services, publication and printing, and reference services.
● Moreover, under Rule VII, Section 9 of the Rules of the Senate, in the temporary absence or
incapacity of the Secretary of the Senate, the Deputy Secretary for Legislation shall act as the
Secretary of the Senate.
The Deputy Secretary for Legislation

● It is also responsible for the provision of legislative services in support of various


committee needs, research service, parliamentary counseling, requests for bill
drafting, bill indexing and monitoring and other activities involved in the law-
making process.
● This Office is composed of five bureaus, namely: the Legislative Technical Affairs
Bureau, the Legislative Plenary Affairs Bureau, the Legislative Reference Bureau,
the Senate Publications Bureau and the Committee Affairs Bureau.
Deputy Secretary for External Affairs

● The Deputy Secretary for External Affairs and Relations advises and assists the
Senate Secretary in the formulation and implementation of external affairs and
relations policies and programs of the Senate.
● His office aims to institutionalize an efficient system of networking and
interaction with its external environment such as the executive branch, the
academe, the private sector, NGOs, national and international organizations, the
diplomatic corps and parliamentary organizations.
The Deputy Secretary for Administration and Financial Services

● The Deputy Secretary for Administration and Financial Services advises and assists the Senate
Secretary in the formulation and implementation of administrative and financial policies and
programs of the Senate.
● Assisted by the Executive Director for Administration, he exercises supervision over the offices and
units of the Secretariat that provide administrative, financial management and general services.
● Its Administrative Management Bureau assists the Senate management in the formulation and
review of administrative systems and procedures, policy guidelines and regulations, and provides
direction and supervision on the activities involved in human resource management, medical and
dental, records management and mailing and property and procurement services.
The Deputy Secretary for Administration and Financial Services

● The Maintenance and General Services Bureau is directly involved in the


maintenance of all the physical facilities of the Senate, which include the
buildings and grounds, electrical and electromechanical equipment,
transportation, sound, telephone and other communication systems.
● The Financial Management Bureau advises and assists in the formulation and
review of financial systems and procedures, policy guidelines and regulations. It
provides direction and supervision in the accounting, budget and cash
management, and in the preparation of reports on funds released to the Senate.
The Senate Legal Counsel

● The Senate Legal Counsel has the rank of a Deputy Secretary. He is in charge of
all the legal issues affecting the Senate and the Secretariat.
● Under this office is a Legal Service which advises the Senate Secretariat on all
legal issues and concerns. It drafts and interprets contracts in behalf of the Senate.
● Moreover, the Legal Service is the one in charge of investigating offenses
committed by certain officers and employees of the Secretariat in violation of
Civil Service Rules and Regulations.
The Senate Sergeant-at-Arms

Like the Secretary of the Senate, the Sergeant-at-Arms is elected by the members of the Senate.
His duties and functions are expressly stated in Rule VI, Section 8 of the Rules of the Senate, to
wit:

(a) To keep under his custody the mace of the Senate;

(b) To attend the sessions of the Senate;

(c) To be responsible for the security and maintenance of order in the session hall, antechambers,
corridors and offices of the Senate, whether in session or not, in accordance with the orders of the
President or the Secretary;
The Senate Sergeant-at-Arms

(d) To execute or serve, personally or through his delegates, the summons which may be issued by the
Senate or by the permanent or special committees or by the President himself;

(e) To be responsible for the strict compliance by his subordinates of their respective duties. He may
impose upon them corrective or disciplinary measures for just cause, including a recommendation to
the President of the Senate, through the Secretary, for their dismissal; and

(f) To recommend to the President, through the Secretary, approval of the uniform to be worn by the
personnel assigned to serve under him in the session hall.

The Sergeant-at-Arms is also assisted by an Assistant Sergeant-at-Arms.


ELECTORAL SYSTEM

Electoral method : Majority voting with one uninominal national constituency (24 seats).

Term of office : six years, renewed by half every three years.

No senator may sit for more than two consecutive terms.

Conditions required to stand for election : At least 35 years old, Filipino nationality at birth, resident in the country for at least two years preceding
the elections.

Ineligibility : Corruption of electors or those in charge of elections, acts of terrorism, exceeding the ceiling set for spending on election campaigns,
illegal financial transactions.

Incompatibilities : Holders of another office within the government or a department of a governmental organisation, legal advisors that are parties
to government contracts.

Conditions to stand for office : Stand under a party label or as an independent candidate, submission at least 90 days before the vote to the
Electoral Commission.
ELECTORAL SYSTEM

Disputed elections :

Disputes arising from senatorial elections fall under the competence of an electoral
court which is the sole judge of all disputes related to elections, ballots and senators'
competence. The electoral court consists of nine members, three of whom are Supreme
Court judges designated by the President of the Supreme Court, and the six others are
members of the Senate chosen by proportional representation of the political groups (a
similar institution exists for the Chamber of Representatives).
SESSIONS SYSTEM: ORDINARY SESSION

ORDINARY SESSION

Parliament is convened for an ordinary session once a year the fourth Monday in July unless a law sets a different
date, and continues to sit as long as sessions are planned until 30 days before the next ordinary session opens,
except on Saturdays, Sundays and public holidays.

EXTRAORDINARY SESSIONS
The President can convene Parliament for an extraordinary session at any time.

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