Legislative Department for College Students

7/23/2019 Legislative Department for College Students

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Executive

Legislative

Judiciary

Separation of Powers Checks and Balances


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Article V


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!"he legislative power shall #e vested in theCongress of the Philippines which shall

consist of a Senateand a $ouse of

%epresentatives& except to the extentreserved to the people #y the provision on

initiative and referendu'( !


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Legislative Power Authority to 'ake& alter or repeal laws

Prescri#e general rules for the govern'ent ofsociety

Laws )ritten enact'ents of the legislature

*e+nes right and duties of a citi,en

'poses taxes

Appropriate funds -#udget deli#eration.

*e+nes cri'e and its penalties

Creates and a#olishes govern'ent o/ces

%egulates hu'an conduct


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"wo cha'#ers -Bica'eral. 0pper house Senate

Lower house $ouse of %epresentatives


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)hat are theadvantages1 )hat are thedisadvantages1

Avoid hasty and ill2considered legislation

Serves as trainingground for future leaders

%epresentation for #othregional -$ouse. andnational -Senate.

interests Less suscepti#le to

#ri#ery and 'anipulation

$as not worked out asan e3ective +scali,ing

'achine 4o assurance of #etter

deli#erated legislation

*uplication of e3ortswhich delays the

legislation process 5ore expensive


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Classi+cation of Powers of the Congress 6eneral Legislative Power 7or the govern of relations a'ong individuals As long as not contrary to the Constitution

Speci+c Powers Power provided #y the Constitution exclusively for the

Congress E(g( Elect the president in case of a tie *eclare state of war

'plied Powers

4ecessary to the e3ective exercise of their powers E(g( nvestigation in aid of legislation

nherent Powers Powers that are not speci+ed #y the Constitution #ut are

re8uisites for the exercise of govern'ent sovereignty


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"he Senate shall #e co'posed of twenty2four

Senators who shall #e elected at large #ythe 8uali+ed voters of the Philippines& as

'ay #e provided #y law(

4o person shall #e a Senator unless he is anatural2#orn citi,en of the Philippines and&on the day of the election& is at least thirty2

+ve years of age& a#le to read and write& aregistered voter& and a resident of thePhilippines for not less than two yearsi''ediately preceding the day of the

election(


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"he ter' of o/ce of the Senators shall #e sixyears and shall co''ence& unless otherwiseprovided #y law& at noon on the thirtieth day

of Junenext following their election(

4o Senator shall serve for 'ore than twoconsecutive ter's( Voluntary renunciation ofthe o/ce for any length of ti'e shall not #e

considered as an interruption in thecontinuity of his service for the full ter' ofwhich he was elected(


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9: Senators elected at large nitial ; years ter'

Eligi#le for a one su#se8uent ; year ter'

5ore than two successive ter's is prohi#ited

years old

A#le to read and write %egistered voter

)hat are the 8uali+cations for voting1

%esident of the Philippines for at least 9 years


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-?. "he $ouse of %epresentatives shall #e co'posed of not 'ore than

two hundred and +fty 'e'#ers& unless otherwise +xed #y law& whoshall #e elected fro' legislative districts apportioned a'ong theprovinces& cities& and the 5etropolitan 5anila area in accordancewith the nu'#er of their respective inha#itants& and on the #asis ofa unifor' and progressive ratio& and those who& as provided #y law&shall #e elected through a party2list syste' of registered national&regional& and sectoral parties or organi,ations(

-9. "he party2list representatives shall constitute twenty per centu' ofthe total nu'#er of representativesincluding those under the partylist( 7or three consecutive ter's after the rati+cation of thisConstitution& one2half of the seats allocated to party2listrepresentatives shall #e +lled& as provided #y law& #y selection orelection fro' the la#or& peasant& ur#an poor& indigenous culturalco''unities& wo'en& youth& and such other sectors as 'ay #eprovided #y law& except the religious sector(


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-=. Each legislative district shall co'prise& as faras practica#le& contiguous& co'pact& andad@acent territory( Each city with a populationof at least two hundred +fty thousand& or each

province& shall have at least onerepresentative(

-:. )ithin three years following the return of

every census& the Congress shall 'ake areapportion'ent of legislative districts #asedon the standards provided in this section(


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4o person shall #e a 5e'#er of the $ouse of %epresentativesunless he is a natural2#orn citi,en of the Philippines and& on

the day of the election& is at least twenty2+ve years of age&a#le to read and write& and& except the party2listrepresentatives& a registered voter in the district in whichhe shall #e elected& and a resident thereof for a period ofnot less than one yeari''ediately preceding the day of

the election(

"he 5e'#ers of the $ouse of %epresentatives shall #eelected for a ter' of three years which shall #egin& unlessotherwise provided #y law& at noon on the thirtieth day of

June next following their election( 4o 5e'#er of the $ouseof %epresentatives shall serve for 'ore than three

consecutive ter's( Voluntary renunciation of the o/ce forany length of ti'e shall not #e considered as an

interruption in the continuity of his service for the full ter'

for which he was elected(


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4ot 'ore than 9> 'e'#ers

Congressional districts and sectoral representation

7or every 9>& city population& ? representative

5anila ; *istricts 7or provinces& ? representative regardless of

population

nitial = years ter' Eligi#le for 9 'ore su#se8uent ter's

5ore than three consecutive ter's is prohi#ited

years consecutive service


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years old

*istrict %epresentative

%egistered voter in thedistrict involved

%esident of thatdistrict for at least ?year

Sectoral%epresentative

E'#odies the ideals

pro'oted #y thesector #eingrepresented

Pro2poor&representative should

#e poor


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Sectoral %epresentation "o attain the #roadest possi#le representation 5arginali,ed representation

"o strike a #alance #etween varying interests

9 percent of the total co'position of the$ouse of %epresentatives 9> representatives& > should #e fro' party2list


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Election of registered parties& instead ofindividual candidates 4u'#er of representatives depends on the total

no( of votes o#tained -proportionalrepresentation.

5axi'u' of three seats per party E(g( )as a#le to o#tain ?D of the votes cast& party2

list will also get ?D of the seats allotted for party2list


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A 2? B 9> -9ndseat. -thseat. -?9thseat. C => -?stseat. -Fthseat. -??thseat. * 9 ->thseat. "otal Votes Cast GF&::> E ? 9 percent G ?: 7 : : percent G 9 6 ?;?-;thseat. ; percent G ::F

$ > -=rdseat. -thseat. -?=thseat. = -:thseat. -?thseat.J 2 ?9>


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Back2door Entrance to the Legislativedepart'ent *i/cult to win in *istrict %epresentation

Party2list %epresentation is an option

"raditional Politicians -"rapos.

)here do they use their pork #arrel allot'ent1

As of 9?& none of the #ills of nationali'portance 'ade #y party2list groups ever#eca'e a law -7er'in 9?.


21/38

!"he salariesof Senators and 5e'#ers of the$ouse of %epresentatives shall #e

deter'ined #y law( 4o increase in saidco'pensation shall take e3ect until after

the expiration of the full ter'of all the5e'#ers of the Senate and the $ouse of

%epresentatives approving such increase(H


22/38

$ouse of %epresentatives

Senators

:=& #asic 'onthly salary ->?;& per annu'.

?(= 5 for salaries of sta3 -?>(; 5 per annu'.

9 5 Pork Barrel 7unds

"ravel and other allowances

9?;(??; 5illion Pesos


23/38

!A Senator or 5e'#er of the $ouse of%epresentatives shall& in all o3enses

punisha#le #y not 'ore than six yearsi'prison'ent& #e privileged fro' arrest

while the Congress is in session( 4o 5e'#ershall #e 8uestioned nor #e held lia#le in anyother place for any speech or de#ate in the

Congress or in any co''ittee thereof( !


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Entitled to i''unity fro' arrest while theCongress is in session

)hether attending the session or not %egular

"hree regular sessions

Special

"akes place when the president calls for session duringrecess to consider legislations the president 'aydesignate

Executive Session

As long as the session is not yet ad@ourned orin recess


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f ever can #e arrested i'prison'ent should not #e 'ore than ; years

Except for o3enses punisha#le with a'ini'u' of ; years i'prison'ent

%eclusion Perpetua

Life 'prison'ent "heft

9 years Life i'prison'ent


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f Congress is no longer in session

f the o3ense co''itted is punisha#le with'ore than ; years of i'prison'ent

f the representative waives this right


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Entitled to i''unity fro' #eing 8uestionedand #e held lia#le to what they say

Li#el

Condition As long as the speech is relevant to the perfor'ance

of his legislative duties

Chis'is


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f the person is not acting as a 'e'#er ofthe Congress

4o longer a representative

Actions are not in relation to the perfor'ance of

his legislative duties

Eti8uette or #ehavior is #eing 8uestioned inthe Congress itself -Conduct 0n#eco'ing.

Ethics Co''ittee


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''unity fro' Arrest

Parlia'entary ''unity


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Article V


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-?. Every #ill passed #y the Congress shall e'#race only one su#@ect whichshall #e expressed in the title thereof(

-9. 4o #ill passed #y either $ouse shall #eco'e a lawunless it has passed three readings on separate days&and printed copies thereof in its +nal for' have #eendistri#uted to its 5e'#ers three days #efore itspassage& except when the President certi+es to thenecessity of its i''ediate enact'ent to 'eet a pu#liccala'ity or e'ergency( 0pon the last reading of a #ill&no a'end'ent thereto shall #e allowed& and the vote

thereon shall #e taken i''ediately thereafter& andthe yeasand naysentered in the Journal(


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Bill *raft law su#'itted to the legislative #ody for its

consideration

Proposed #y any 'e'#er of the legislative


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7irst %eading %eferred to the appropriate co''ittee

Co''ittee level $earings& consultations& de#ate

Second %eading *e#ates at the Plenary Level

Printing of +nal draft and distri#ution

"hird %eading

7inal %eading 4o 'ore a'end'ents and de#ates are allowed

4o'inal Voting

Ieas and nays


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%eferred to the other house = readings take place

7orwarded to the Joint Bica'eral Co''ittee

Consolidation of the two versions of the two

houses Co'pro'ise

Su#'ission to the President

upon trans'ittal to the President

Sign the #ill into law Veto the #ill #ack to the Congress

After = days without action


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-?. Every #ill passed #y the Congress shall& #efore it#eco'es a law& #e presented to the President( f he

approvesthe sa'e he shall sign it otherwise& he shallveto it and return the sa'e with his o#@ections to the$ouse where it originated& which shall enter theo#@ections at large in its Journal and proceed toreconsider it( f& after such reconsideration& two2thirds of

all the 5e'#ers of such $ouse shall agree to pass the#ill& it shall #e sent& together with the o#@ections& to theother $ouse #y which it shall likewise #e reconsidered&and if approved #y two2thirds of all the 5e'#ers of that$ouse& it shall #eco'e a law( n all such cases& the votesof each $ouse shall #e deter'ined #y yeas or nays& andthe na'es of the 5e'#ers voting for or against shall #eentered in its Journal("he President shall co''unicatehis veto of any #ill to the $ouse where it originatedwithin thirty days after the date of receipt thereof&otherwise& it shall #eco'e a law as if he had signed it(


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-9. "he Presidentshall have the power to vetoany particular ite' or ite'sin anappropriation& revenue& or tari3 #ill& #utthe veto shall not a3ect the ite' or ite's

to which he does not o#@ect(


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Bill is passed #y Congress signed #y thePresident

Vetoed #ill override #y 9K= vote of #othhouses

f the President failed to act on the passed#ill in = days

7or cases of initiative and referendu'& signatureof the president is no longer re8uired

Pocket Veto is not allowed Silence 'eans yes


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Pocket Veto is not allowed

Partial Veto is not allowed

Except for appropriations #ill& revenue #ill& tari3

#ill

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Legislative Department for College Students