3 BRANCHES of the

GOVERNMENT

LEGISLATIVE EXECUTIVE JUDICIARY

Principle of SEPARATION OF POWERSPrinciple of SEPARATION OF POWERS

- each government branch is not permitted to - each government branch is not permitted to encroach upon the powers confided to others. encroach upon the powers confided to others. Arbitrary rule would result if the same body is to Arbitrary rule would result if the same body is to exercise all the powers of the government. exercise all the powers of the government.

Principle of CHECKS AND BALANCESPrinciple of CHECKS AND BALANCES

- authorizing a considerable amount of - authorizing a considerable amount of encroachment or checking by one branch in the encroachment or checking by one branch in the affairs of the others. Each branch is given certain affairs of the others. Each branch is given certain powers with which to check the others.powers with which to check the others.

Pres.may disapprove bills enacted by CongressPres.may disapprove bills enacted by Congress Congress may reject appointments by the Pres.Congress may reject appointments by the Pres. Judiciary may declare unconstitutional laws Judiciary may declare unconstitutional laws

enacted by the Congress enacted by the Congress

EXECUTIVE ORDER NO. 464EXECUTIVE ORDER NO. 464September 26, 2005September 26, 2005

to implement the Constitutional provisions on to implement the Constitutional provisions on the separation of powers between co-equal the separation of powers between co-equal branches of the government, all heads of branches of the government, all heads of departments of the Executive Branch of the departments of the Executive Branch of the government shall secure the consent of the government shall secure the consent of the President prior to appearing before either President prior to appearing before either House of Congress.House of Congress.

Supreme Court ruling on E.O. 464Supreme Court ruling on E.O. 464

Congress undoubtedly has a right to information from the Congress undoubtedly has a right to information from the executive branch whenever it is sought in aid of executive branch whenever it is sought in aid of legislation. If the executive branch withholds such legislation. If the executive branch withholds such informationinformation on the ground that it is on the ground that it is privilegedprivileged, it must so , it must so assert it and state the reason therefor and why it must be assert it and state the reason therefor and why it must be respected.respected.

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

Executive privilege covers all confidential or Executive privilege covers all confidential or classified information between the President classified information between the President and the public officers, including:and the public officers, including:

Military, diplomatic and other national security matters Military, diplomatic and other national security matters which in the interest of national security should not be which in the interest of national security should not be divulged divulged

Information between inter-government agencies prior Information between inter-government agencies prior to the conclusion of treaties and executive agreements to the conclusion of treaties and executive agreements

Discussion in close-door Cabinet meetings Discussion in close-door Cabinet meetings Matters affecting national security and public orderMatters affecting national security and public order

ARTICLE VIARTICLE VI

Legislative Legislative DepartmentDepartment

SECTION 1.SECTION 1.

The legislative power shall be vested in The legislative power shall be vested in the Congress of the Philippines which the Congress of the Philippines which shall consist of a Senate and a House of shall consist of a Senate and a House of Representatives ….Representatives ….

Legislative PowerLegislative Power

- power to make laws, and subsequently, to - power to make laws, and subsequently, to alter and repeal themalter and repeal them

SECTION 2.SECTION 2.

The Senate shall be composed of twenty-The Senate shall be composed of twenty-four Senators…four Senators…

SECTION 3.SECTION 3.

No person shall be a No person shall be a SenatorSenator unless he is unless he is a natural-born citizen of the Philippines, a natural-born citizen of the Philippines, and, on the day of the election, is at least and, on the day of the election, is at least thirty-five years of age, able to read and thirty-five years of age, able to read and write, a registered voter, and a resident write, a registered voter, and a resident of the Philippines for not less than two of the Philippines for not less than two years immediately preceding the day of years immediately preceding the day of the election.the election.

SECTION 4.SECTION 4.

The The term of officeterm of office of the Senators shall be of the Senators shall be six yearssix years … …

No Senator shall serve for more than No Senator shall serve for more than two two consecutive termsconsecutive terms. Voluntary renunciation . Voluntary renunciation of the office for any length of time shall not of the office for any length of time shall not be considered as an interruption in the be considered as an interruption in the continuity of his service for the full term for continuity of his service for the full term for which he was elected.which he was elected.

SECTION 5.SECTION 5.

(1) The (1) The House of RepresentativesHouse of Representatives shall shall be composed of be composed of not more than two hundred not more than two hundred and fifty membersand fifty members… who shall be elected … who shall be elected from legislative districts …from legislative districts …

(2)(2) The party-list representatives shall The party-list representatives shall constitute twenty per centum of the total constitute twenty per centum of the total number of representatives …labor, peasant, number of representatives …labor, peasant, urban poor, indigenous cultural urban poor, indigenous cultural communities, women, youth, and such other communities, women, youth, and such other sectors as may be provided by law.. sectors as may be provided by law..

2 kinds of members of House of Representatives2 kinds of members of House of Representatives

1.) District Representative1.) District Representative – elected directly and – elected directly and personally from the territorial unit he is seeking personally from the territorial unit he is seeking to represent. to represent.

2.) Party-list Representative2.) Party-list Representative – chosen indirectly, – chosen indirectly, through the party he represents, which is the one through the party he represents, which is the one voted for by the electorate. This is to give an voted for by the electorate. This is to give an opportunity to weak sectors to have their voices opportunity to weak sectors to have their voices heard.heard.

SECTION 6.SECTION 6.No person shall be a No person shall be a Member of the House Member of the House of Representativesof Representatives unless he is a natural- unless he is a natural-born citizen of the Philippines and, on the born citizen of the Philippines and, on the day of the election, is at least twenty-five day of the election, is at least twenty-five years of age, able to read and write, and, years of age, able to read and write, and, except the party-list representatives, a except the party-list representatives, a registered voter in the district in which he registered voter in the district in which he shall be elected, and a resident thereof for shall be elected, and a resident thereof for a period of not less than one year a period of not less than one year immediately preceding the day of the immediately preceding the day of the electionelection..

SECTION 7.SECTION 7.

The Members of the The Members of the House of House of RepresentativesRepresentatives shall be elected for a shall be elected for a term term of three yearsof three years … …

No member of the House of Representatives No member of the House of Representatives shall serve for more than shall serve for more than three consecutive three consecutive termsterms……

SECTION 11.SECTION 11.

A Senator or Member of the House of A Senator or Member of the House of Representatives shall, in all offenses Representatives shall, in all offenses punishable by not more than six years punishable by not more than six years imprisonment, be privileged imprisonment, be privileged from arrestfrom arrest while the Congress is in session. No while the Congress is in session. No Member shall be questioned nor be held Member shall be questioned nor be held liable in any other place for any liable in any other place for any speech or speech or debatedebate in the Congress or in any in the Congress or in any committee thereof.committee thereof.

FREEDOM from ARRESTFREEDOM from ARREST offenses punishable by not more than six offenses punishable by not more than six

years imprisonmentyears imprisonment while Congress is in sessionwhile Congress is in session

FREEDOM of SPEECH and DEBATEFREEDOM of SPEECH and DEBATE remarks must be made in connection with the remarks must be made in connection with the

discharge of official duties. discharge of official duties. while Congress is in sessionwhile Congress is in session

Reason for the congressional privileges…Reason for the congressional privileges…

To enable members of Congress to discharge To enable members of Congress to discharge their functions adequately and without fear. It is their functions adequately and without fear. It is true that the privileges may be abused. true that the privileges may be abused. However, the harm which would come from its However, the harm which would come from its abuse is considered slight compared to that abuse is considered slight compared to that which might arise if the privileges were not which might arise if the privileges were not given.given.

SECTION 12.SECTION 12.

All Members of the Senate and the House All Members of the Senate and the House of Representatives shall, upon assumption of Representatives shall, upon assumption of office, make of office, make a full disclosure of their a full disclosure of their financial and business interestsfinancial and business interests… They … They shall notify the House concerned of a shall notify the House concerned of a potential conflict of interest that may arise potential conflict of interest that may arise from the filing of a proposed legislation of from the filing of a proposed legislation of which they are authorswhich they are authors..

SECTION 13.SECTION 13.

No Senator or Member of the House of No Senator or Member of the House of Representatives may hold any other office Representatives may hold any other office or employment in the Government…or employment in the Government…during his term without forfeiting his seat. during his term without forfeiting his seat. Neither shall he be appointed to any office Neither shall he be appointed to any office which may have been created or the which may have been created or the emoluments thereof increased during the emoluments thereof increased during the term for which he was elected.term for which he was elected.

INCOMPATIBLE OFFICEINCOMPATIBLE OFFICEOffice which mat not be held by a member of Office which mat not be held by a member of

a Congress outside the legislative department. a Congress outside the legislative department. There is a need for members to devote their time There is a need for members to devote their time and attention to the discharge of their legislative and attention to the discharge of their legislative responsibilities.responsibilities.

FORBIDDEN OFFICEFORBIDDEN OFFICEOffice which a member of a Congress may not Office which a member of a Congress may not

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

SECTION 15.SECTION 15.

The Congress shall convene once every year The Congress shall convene once every year on the fourth Monday of July for its on the fourth Monday of July for its

regular sessionregular session, …and shall continue to be , …and shall continue to be in session for such number of days as it may in session for such number of days as it may determine until thirty days before the determine until thirty days before the opening of its next regular session, exclusive opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. of Saturdays, Sundays, and legal holidays. The President may call a The President may call a special sessionspecial session at at any time.any time.

SECTION 16.SECTION 16.

(1) The (1) The SenateSenate shall elect its shall elect its PresidentPresident and and the the House of RepresentativesHouse of Representatives its its SpeakerSpeaker, , by a majority vote of all its respective by a majority vote of all its respective Members.Members.

(2) A majority of each House shall (2) A majority of each House shall constitute a constitute a quorumquorum to do business… to do business…

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

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

QUORUMQUORUM

- a number of membership which is competent to - a number of membership which is competent to transact its business; is at least one-half plus one transact its business; is at least one-half plus one of the members of a body. of the members of a body.

LEGISATIVE JOURNALLEGISATIVE JOURNAL

- the official record of what is done and passed in a - the official record of what is done and passed in a legislative assembly and the proceedings occurred legislative assembly and the proceedings occurred from day to day.from day to day.

SECTION 17.SECTION 17.

The Senate and the House of The Senate and the House of Representatives shall each have an Representatives shall each have an Electoral TribunalElectoral Tribunal which shall be the sole which shall be the sole judge of all contests relating to the judge of all contests relating to the election, returns, and qualifications of election, returns, and qualifications of their respective Members… their respective Members…

SECTION 18.SECTION 18.

There shall be a There shall be a Commission on Commission on AppointmentsAppointments… shall act on all … shall act on all appointments submitted to it…appointments submitted to it…

SECTION 21.SECTION 21.

The Senate or the House of The Senate or the House of Representatives or any of its respective Representatives or any of its respective committees may conduct committees may conduct inquiries in aid inquiries in aid of legislationof legislation in accordance with its duly in accordance with its duly published rules of procedure. The rights published rules of procedure. The rights of persons appearing in or affected by of persons appearing in or affected by such inquiries shall be respected.such inquiries shall be respected.

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

Steps in the Passage of a BillSteps in the Passage of a BillFirst ReadingFirst Reading

- reading of the number, title of the measure - reading of the number, title of the measure and name of the authorand name of the author

Second ReadingSecond Reading

- the bill is read in its entirety, scrutinized , - the bill is read in its entirety, scrutinized , debated upon and amended when desireddebated upon and amended when desired

Third ReadingThird Reading

- members merely register their votes and - members merely register their votes and explain them. No further debate is allowed.explain them. No further debate is allowed.

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

3 ways when a bill may become a law3 ways when a bill may become a law

1.) When the President approves the bill by 1.) When the President approves the bill by signing it.signing it.

2.) When the President vetoes the bill and 2.) When the President vetoes the bill and the same is overriden by 2/3 votes of all the same is overriden by 2/3 votes of all the members of both Houses.the members of both Houses.

3.) When the President does not 3.) When the President does not communicate his veto within 30 days communicate his veto within 30 days after the date of receipt.after the date of receipt.