Art VI. Legislative Department

8/10/2019 Art VI. Legislative Department

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Art VI. Legislative Department

Constitution of Governments

University of San CarlosDepartment of Political Science

Philippine Government & Constitution


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Members of Congress

Senate H. RepsCitizenship: Natural-born Filipino Citizenship: Natural-born Filipino

Age: at least 35 yrs old on the day of election Age: at least 25 yrs old on the day of election

Residence: at least 2 years prior to the election Residence: at least 1 yr prior to the election on

the place of rep (for district reps)

Literacy:able to read and write Literacy: able to read and write

Other qualifications: registered voter Other qualifications: registered voter in the place of rep(for district reps)

Composition: 24 Composition: 250

Max . no. of terms: 2 Max. no. of terms :3

No. of years per term: 6 No. of years per term: 3

Re-election/s : 1 Re-election/s: 2

How are they chosen?: Elected at large How are they chosen?: Elected by districts

When are they chosen?: 2ndMonday of May When are they chosen?: 2ndMonday of May


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Removal from office: Lapse of Term, expulsion by peers

Salaries/Privileges: Determined by law

Increased is effective only after expiration of full term of all

congressmen approving such increase.

Parliamentary Immunity:

*Freedom from Arrestwhile Congress is in session & for

offenses punishable by not more than 6 yrs. Imprisonment

*Privilege of Speech & Debateno liability for any speech or

debate in Congress or any committee thereof.


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Powers of Congress

1.) Legislative Power

2.) Counter-veto Power

3.) Concurrence of

Appointments

4.) Power of Legislative

Investigation & Question

Hour

5.) War Powers

6.) Power to Revoke or Extend

Martial Law Declaration orHabeas Corpus Writ

Suspension

7.) Power to Concur

Presidential Amnesties

8.) Power to concur in treaties/

Agmt.

9.) Appropriation Power/ Power

of the Purse & Disbursement

Power

10.) Power to tax

11.) Electoral Powers

12.) Power to Judge the fitness

of the Pres

13.) Power of Impeachment

14.) Power vis--vis NaturalResources

15.) Constituent Power


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Classification of Powers

1.) General Legislative PowerPower to enact laws

2.) Specific Powerspowers w/c the constitutionexpressly directs or authorizes

e.g. power to choose who will be the next Pres. in case 2 or more candidates haveequal and highest no. of votesTo confirm certain appointments by the Pres

To promote Social Justice

To declare the existence of a state of war

To impose taxes

To appropriate moneyTo impeach

To act as constituent assembly


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3.) Implied Powerspowers essential ornecessary to the effective exercise of the powers

expressly grantede.g. power to conduct legislative inquiry and investigation in aid of legislation

To punish for contempt

To determine the rules of its proceedings

4.) Inherent powerspowers w/c are possessedand can be exercised by every governmentbecause they exist as an attribute of sovereignty;legislative in nature

e.g. power of taxationpower of eminent domain

police power


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Counter-veto Power

A bill may become a law when the President

vetoes the bill and returns the same with his

objections to the house where it originated, and

the same is re-passed over his veto of 2/3 of all

the members of both houses.


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Concurrence on Appointments

The Commission on Appointments is

composed of the President of the Senate, 12

senators and 12 members of the House of

Representatives

The Commission on Appointments shall act on

all appointments submitted to it within 30

session days. The Commission shall rule by a

majority vote.


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Power of Legislative Investigation &

Question Hour

Must be done in aid of legislation

Must be done in conformity w/ the rules ofprocedures

The rights of the person appearing in (witness)or affected shall be respected

Extends hearings on other matters w/in its

jurisdiction notably power to impeach, topromote amendments, and to take disciplinaryactions against its members


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War Powers

The Congress, 2/3 vote of both Houses in jointsession assembled, voting separately shall have thesole power to declare the existence of state of war.

The war contemplated here is a defensive kind ofwar

Emergency powers may be granted by law to thePresident only in times of war or nationalemergency.


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Power to Revoke or Extend Martial Law

Declaration or Habeas Corpus Writ Suspension

Martial Law it includes all laws that have

reference to and are administered by the

military forces of the State

- it is the law w/c has application when the

military arm does not supersede civil authority

but is called upon to aid in the execution of its

vital functions


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Writ of Habeas Corpus - "you may have the body

is a writ (court order) that requires a person under arrestto be brought before a judge or into court.The principleof habeas corpus ensures that a prisoner can be releasedfrom unlawful detentionthat is, detention lackingsufficient cause or evidence. The remedy can be soughtby the prisoner or by another coming to the prisoner'said.

The suspension of the privilege of the writ shall apply onlyto persons judicially charged for rebellion or offensesinherent in or directly connected with invasion


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Power to Revoke Martial Law Declaration or

Habeas Corpus Writ Suspension

The President must submit report in person or inwriting to Congress within 48 hours from theproclamation Martial Law or suspension of the Writof Habeas Corpus to guide Congress in deciding theaction it should take (revocation or extension).

Congress is required to review the proclamation.The proclamation or suspension may be revoked bymajorityof the all the members of Congress votingjointly.


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Power to Concur in Presidential Amnesties

The President shall have the power to grant

amnesty with the concurrence of a majority of all

the members of Congress.

Amnestyan act of sovereign power granting

oblivion or a general pardon for a past offense

usually granted in favor of certain classes ofpersons who have committed crimes of a political

character (treason, sedition, rebellion)


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Power to Concur in Treaties / Agmt

A treaty or international agreement shall be

valid with the concurrence of at least two-

thirdsof the Members of the Senate.


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Appropriation Power/ Power of the Purse

and Disbursement Power

All appropriation, revenue or tariff bills, billsauthorizing increase of public debt, bills of localapplication and private bills shall originateexclusively in the HR, but the S may propose orconcur with the amendments.

HR is a more popular branch of Congress, being

closer to the people should have the privilege oftaking in the initiative in the proposal of revenueand tax projects, the disposal of peoplesmoney


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Nota bene:

The President does not have the authority

to transfer funds from one department to

another because he is not invested with the

legislative power to appropriate [Sec. 25 (5)]

Thus, making DAP unconstitutional!


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Power to tax

Progressive system of taxation provides that

the rate of tax increases as the tax base or

bracket (amount of income) increases.


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Electoral Powers

The Senate and the House of Representatives

shall each have an Electoral Tribunal which

shall be the sole judge of all contests relating

to election, returns, and qualifications of theirrespective members.

9 members: 3 Justices, 6 S & HR


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Power to Judge the Fitness of the Pres.

Congress shall have the power to decide by a

vote of 2/3 of both Houses, voting separately,

that the President is unable to discharge the

powers and duties of his office.


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Power to Impeach

The House of Representatives shall have the

exclusive power to initiate all cases of

impeachment.

The Senate shall have the sole power to try

and decide all cases of impeachment.


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Constituent Power

Congress upon a vote of of all its members

may propose any amendment or revision of

the Constitution.


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How does a Bill become a Law

1.) First Reading

2.) Referral to appropriate committee

3.) Second Reading

4.) Debates5.) Printing and Distribution

6.) Third Reading

7.) Referral to the other House

8.) Submission to joint bicameral committee(differences in version)

9.) Submission to the President

Documents

Art VI. Legislative Department