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Term of Office and PrivilegesTerm of Office of
SenatorsPrivileges of SenatorsSalariesParliamentary
ImmunitiesPrivilege from ArrestPrivilege of Speech and DebateBases
of the PrivilegePurpose of the PrivilegePrecedents and
PracticesRelevanceScope of Privilege SpeechSuspension and
DisqualificationManner of Imposing DisciplineInhibitions and
DisqualificationsConflict of InterestsIncompatible and Forbidden
Offices
Term of Office of SenatorsThe term of the members of the Senate
is expressly provided in Articles VI and XVIII respectively of the
Constitution:Sec. 4. The term of office of the Senators shall be
six years and shall commence, unless otherwise provided by law, at
noon on the thirtieth day of June next following their
election.Sec. 2. The Senators, members of the House of
Representatives, and the local officials first elected under this
Constitution shall serve until noon of June 30, 1992.Of the
Senators elected in the election in 1992, the first twelve
obtaining the highest number of votes shall serve for six years and
the remaining twelve for three years.It must be remembered that the
24 Senators first elected under the 1987 Constitution on May 2,
1987 served only for five years ending on June 30, 1992. Of the
senators elected in 1992, the first 12 obtaining the highest number
of votes served for the full term of six years expiring in 1998,
and the last 12 served only three years and ended in 1995. After
which, the 12 Senators elected in 1995 shall serve the full term of
six years or until year 2001. Those 12 to be elected in 1998 shall
also serve the full term of six years. In fine, beginning 1992, 12
Senators shall be elected every three years, so that unlike in the
House of Representatives, the Senate shall not at anytime be
completely dissolved. One-half of the membership is retained as the
other half is replaced or reelected every three years.The purpose
of the continuity of the life of the Senate is intended to
encourage the maintenance of Senate policies as well as guarantee
that there will be experienced members who can help and train
newcomers in the discharge of their duties. In addition, in case of
resignation, death, permanent disability, removal from office, or
resignation of the President and Vice-President, the Senate
President shall act as President.Moreover, the Constitution, in
Section 4, Article VI, provides limits to the extent a member of
the Senate can run for reelection. It provides as follows:No
Senator shall serve for more than two consecutive terms. Voluntary
renunciation of the office for any length of time shall not be
considered as an inter-ruption in the continuity of his service for
the full term for which he was elected.back to top
Privileges of SenatorsSalariesThe salaries of members of the
Senate is governed by Article VI of the Constitution as
follows:Sec. 10. The salaries of Senators and Members of the House
of Representatives shall be determined by law. No increase in said
compensation shall take effect until after the expiration of the
full term of all the members of the Senate and the House of
Representatives approving such increase.Sec. 20. The records and
books of accounts of Congress shall be preserved and be open to the
public in accordance with law, and such books shall be audited by
the Commission on Audit which shall publish annually an itemized
list of amounts paid to and expenses incurred for each Member.It
must be noted that in accordance with the above provisions, there
is no prohibition against the receipt of allowances by the members
of Congress. The second section, on the other hand, seeks to avoid
the recurrence of the abuses committed by the members of the Old
Congress in allotting themselves fabulous allowances the amount of
which they refused to divulge to the people. It is now provided
under the Constitution that the books of accounts of Congress shall
be open to public inspection and must be audited by the Commission
on Audit. Moreover, every member of Congress itemized expenditures,
including allowances, shall be published annually for the
information of the people.It is interesting to note that the
Constitution in Section 17, Article XVIII, provides the
corresponding salaries of Senators, to wit:Until the Congress
provides otherwise, the President shall receive an annual salary of
three hundred thousand pesos; the Vice-President, the President of
the Senate, the Speaker of the House of Representatives, and the
Chief Justice of the Supreme Court, two hundred forty thousand
pesos each; the Senators, the members of the House of
Representatives, the Associate Justices of the Supreme Court, and
the Chairmen of the Constitutional Commissions, two hundred four
thousand pesos each; and the Members of the Constitutional
Commissions, one hundred eighty thousand pesos each.However, under
Joint Resolution No. 1, the salaries of the members of the Senate
is increased to salary grade 33 with monthly equivalent rate of
P35,000.00. The Senate President, on the other hand, is raised to
salary grade 34 with a monthly basic salary of P40,000.00.back to
top
Parliamentary ImmunitiesA. Privilege from ArrestOne of the
privileges that a member of Congress enjoys is the privilege from
arrest. In this regard, Section 11, Article VI, of the Constitution
provides as follows:A Senator or Member of the House of
Representatives shall, in all offenses punishable by not more than
six years imprisonment, be privileged from arrest while the
Congress is in session. No member shall be questioned nor be held
liable in any other place for any speech or debate in Congress or
in any committee thereof.This privilege is intended to insure
representation of the constituents by the members of Congress. In
Vera vs. Avelino, the Supreme Court, quoting a decision of the
United States Supreme Court, explained for whose benefit the right
to parliamentary immunity is secured:These privileges are thus
secured not with the intention of protecting the members against
prosecutors for their own benefit, but to support the rights of the
people, by enabling their representatives to execute the function
of their office without fear of prosecution, civil or criminal.A
member of Congress could only be suspended by the House of which he
is a member and only for the purpose of self-preservation or
self-protection. To protect a member of Congress from oppression,
even this power has been circumscribed by the 1935 Constitution and
further limited by the 1987 Constitution.The rationale for this was
expressed by the Supreme Court as early as 11 September 1924 in
Alejandrino vs. Quezon:It is noteworthy that the Congress of the
United States shall not in all its long history suspend a member.
And the reason is obvious. Punishment by way of reprimand or fine
vindicates the outraged dignity of the House without depriving the
constituency of representation; expulsion, when permissible,
likewise vindicates the honor of the legislative body while giving
to the constituency an opportunity to elect anew; but suspension
deprives the electoral district of representation without that
district being afforded any means by which to fill the vacancy. By
suspension, the seat remains filled, but the occupant is
silenced.back to top
B. Privilege of Speech and Debate1. Bases of the Privilege1.1.
Constitutional BasisPrivilege speech is a parliamentary privilege
enjoyed by a Member of Congress provided for in Section 11, Article
VI of the Constitution. It states as follows:Sec. 11. A Senator or
Member of the House of Representatives shall, in all offenses be
punishable by not more than six years imprisonment, be privileged
from arrest while the Congress is in session. No Member shall be
questioned nor be held liable in any other place for any speech or
debate in Congress or in any committee thereof.1.2 Rules of the
SenateThis is contained in Section 110, Rule XL, Rules of the
Senate, which provides as follows:Sec. 110. After the consideration
of the matters contained in the Calendar for Special Orders, a
Senator may forthwith request for and avail of the privilege to
speak for one (1) hour on any matter of public interest.If more
than one (1) Senator wish to avail of the same privilege, the
Senator who first announced his intention shall be given
priority.The period of time allowed in this section may, upon
motion of the Senator on the floor be extended for such time as may
be necessary for him to finish his speech unless a majority of all
the Senators vote against such extension.back to top
2. Purpose of the PrivilegeMembers of Congress cannot be
prosecuted for any words spoken in debate or in connection with
voting or used in written reports or with things generally done in
a session of either House in relation to the business before it.
This protection is extended to them during the session on the
occasion of the exercise of their functions either in their
respective chambers or in joint assembly, or in committees or
commission. The purpose of this privilege of speech or debate is
not to protect the members against prosecutions for their own
benefit but to enable them as representatives of the people to
execute the functions of their office without fear of prosecution,
civil or criminal. As held in the case of Osmea v. Pendatun, the
Supreme Court took the occasion of defining the purpose of the
privilege. It ruled:Our Constitution enshrines parliamentary
immunity which is a fundamental privilege cherished in every
legislative assembly of the democratic world. As old as the English
Parliament, its purpose is to enable and encourage a representative
of the public to discharge his public trust with firmness and
success for it is indispensably necessary that he should enjoy the
fullest liberty of speech, and that he should be protected from the
resentment of every one, however, powerful, to whom the exercise of
that liberty may occasion. Such immunity has come to this country
from the practices of Parliament as construed and applied by the
Congress of the United States. Its extent and application remain no
longer in doubt insofar as related to the question before us. It
guarantees the legislator complete freedom of expression without
fear of being made responsible in criminal or civil actions before
the courts or any other forum outside of the Congressional hall.
But it does not protect him from responsibility before the
legislative body itself whenever his words and conduct are
considered by the latter disorderly or unbecoming to a member
thereof.back to top
3. Precedents and PracticesThe following are some of the
precedents and practices observed in the previous sessions of
Congress concerning the privilege speech:3.1. When It Can and When
It CannotIt has been ruled that the privilege granted under this
section cannot be availed of when the House has already proceeded
to transact its business, such as the consideration of bills. But
in a certain case, when the House was already considering
unfinished business or business for the day, a member was
permitted, through a motion unanimously approved, to deliver a
short speech on an important case in his province. A member
availing himself of such a privilege was entitled to one full hour.
Having the floor on the privilege hour, he could not be forced to
yield to interpellations.The one-hour privilege not having expired
yet, a member, who requested only 10 minutes in order to deliver
his speech, was allowed to use the rest of the hour. He could not
be precluded from continuing with his speech until the one hour was
consumed.3.2. On Request for ReservationOn point of order whether
preference be given to a member who requests a previous reservation
over any member who stands up on the floor ahead of the former, it
has been held that an unwritten rule, sanctioned by immemorial
practice, establishes such a preference. A request for reservation
to use the privilege hour on a future date made on the floor by a
member is recorded in the Journal.The time of a member
automatically expires the moment he takes his seat and,
consequently, he cannot answer questions unless an extension of his
time is granted by unanimous consent. The one-hour privilege can be
extended only by unanimous consent.3.3. Decorum on SpeechA member,
availing himself of the privilege hour, may refuse interpellations,
but he may be advised by the Chair not to use any improper
language. He should use a language in conformity with the decorum
and dignity of the House.The Chair entertained a motion to delete
from the Record a portion of a members speech under the privilege
hour as unparliamentary for being against the dignity and integrity
of the members, and when submitted by the Chair to the House, the
motion was approved.When a member attacks the leadership of the
House, he may be declared out of order and deprived further use of
the privilege hour.A member should, during the privilege hour,
refrain from making personal allusions to any member. In availing
himself of the privilege hour, a member may, under his own
responsibility, speak against an absent fellow member. It is
indecorous of the Senate during a privilege speech.In the exercise
of his one- hour privilege, a member can speak on any subject of
national interest, and he may even criticize the President on the
appointment of certain persons to the government. But delivering
speeches attacking the Chief Executive constitutes disorderly
conduct for which a member may be suspended or expelled from the
House as a disciplinary action. The Chair sustained a point of
order which asked for deletion from the Record, as unparliamentary,
parts of the privilege speech attacking the Catholic religion.3.4.
InterpellationA member having the floor to avail himself of the
privilege hour may refuse to yield to interpellation or yield for
information. He cannot be forced to yield to another so that, in
turn, the latter can answer questions.It is in order for a member
interpellating to lay the premises of his question. He may
interpellate in the manner he so desires and use any of the
official languages even if different from that used by the member
who has the floor.A member on the floor using the remaining portion
of the privilege hour may stop yielding to further
interpellations.The time consumed by interpellation is counted
against a member who has the floor; that is the reason why he has
the option to yield or not to questions.3.5. Precedence and
InterruptionThe House sustained the Chair that after the reading of
the order of business, the one-hour privilege has precedence over
any other matters, such as question of privilege.A member availing
himself of the one-hour privilege may yield to further
interpellation, but he cannot be interrupted except by a point of
order. He cannot be deprived of the floor except with his consent,
and he may deliver his speech in such manner as he pleases as long
as he speaks with due decorum. The Chair did not entertain a motion
referring a one-hour privilege speech to a committee on the ground
that while a member is enjoying the privilege, he cannot be
deprived of the floor except by a point of order.3.6. Extension of
TimeAfter a member has consumed the privilege hour, no extension of
time for the privilege can be granted if there is an objection to
the motion for such extension.An objection to a motion for
extension of the one-hour privilege is not debatable.The one-hour
privilege can no longer be extended when, after its delivery, the
member using the privilege sits down, thereby forfeiting his right
to continue. When a member sits down after the expiration of his
one-hour privilege, his time can no longer be extended.A member who
has the privilege hour may yield a portion of it to another member.
When a member ceded a portion of his one-hour privilege, such a
portion could not, without his consent, be extended to more than
the number of minutes agreed upon.A member using the remaining
portion of the privilege hour may refuse any interpellation in
order to save the time left for him.3.7. Reference SpeechThe Chair
entertained a motion to refer a privilege speech to a committee
after it had been delivered on the floor.3.8. Stricken Off the
RecordOn motion approved by the House, the whole speech including
interpellations, was stricken off the record for being
unparliamentary.During the privilege hour, the Chair motu proprio
ordered stricken off the record the word "dishonorable" uttered
with reference to the members of the House by the member
interpellating.back to top
4. Relevance4.1. No assured government by the people unless
their representatives possess this privilege.There could be no
assured government by the people, unless their representatives had
unquestioned possession of this privilege. Thus, only the House of
Commons was concerned in its vindication, and only in its
connection with that House could it be a matter of constitutional
importance. The Lords, of course, possess the right equally with
the Commons, and thus it is considered one of the common privileges
of Parliament. But it seems never to have been an issue with the
Lords. As Stubbs says, "he would have been a bold King indeed who
had attempted to stop discussion in the House of Lords."4.2. To
protect independence and integrity of Congress and to reinforce
separation of powers.In U.S. vs. Johnson, Justice John Marshall
Harlan said that the purpose of the speech or debate clause is
prophylactic, that it was adopted by the Constitutional Convention
(without discussion or opposition) because of the English
experience with the intent to protect the independence and
integrity of Congress and to reinforce the separation of powers by
preventing an unfriendly executive and a hostile judiciary
appointed by the executive from reaching a congressional activity
for evidence of criminality.4.3. Basis of corrective legislative
measures.In practice, many subjects of privilege speeches are the
bases of consequent appropriate committee investigations of
legislative bodies, and these may result to corrective measures
being filed on the basis of such committee investigations. It
appears to be co-extensive with the range of legislative power,
like the range of legislative inquiry together with its
limitations.4.4. To voice out dissent, the essence of democracy.It
is the best outlet of the people and of the opposition to ventilate
anomalies in govern-ment and misgovernment, to express their
concerns and sentiments thru their representatives in legislative
bodies. In short, to voice out dissent is the essence of
democracy.back to top
5. Scope of Privilege Speech:Personal and CollectiveA question
of privilege consists of a question affecting the rights of the
Senate collectively or of its members individually including its
privileges, reputation, conduct, decorum, dignity and integrity of
proceedings.A Senator may rise to a question of personal privilege
at any time, but he cannot interrupt or take another Senator from
the floor for that purpose without the latters consent. However,
the reading of the Journal cannot be interrupted by a question of
personal privilege neither can a question of privilege be raised
when there is no quorum or when the roll is being called.Under this
provision, a member of the Senate may raise a question of privilege
by a statement or remark on the floor and if sustained by the
Chair, the member is entitled to speak.After the privilege speech
of a Senator, another member was recognized on a question of
personal privilege to clarify certain matters in which he
participated and which was left out in the privilege speech of the
former.A member rose to speak on a question of personal privilege
as his name was linked in a news item which was considered as a
malicious publication.Franking PrivilegeRepublic Act No. 69 remains
a good law. It expressly grants members of Congress the
transmission free of charge within the Philippines of mail matters.
Sections 1 and 2 of this law provide as follows:All mail matter of
Senators and of members of the House of Representatives of the
Philippines, addressed for delivery within the Philippines, shall
be received, transmitted and delivered in the mails of the
Philippines free of postage: Provided, That each such mail matter
when addressed to persons or offices other than government officers
or offices shall not exceed one hundred and twenty grams in
weight.The envelope or wrapper of such mail matter shall bear on
the left upper corner the name and official designation of the
official sending the mail matter, and the words "Senate of the
Philippines," or "House of Representatives," as the case may be,
and on the right upper corner the words "Penalty for private or
unauthorized use to avoid payment of postage, P500.00."back to
top
Suspension and DisqualificationManner of Imposing
DisciplineSection 16(3), Article VI of the Constitution provides
the manner in which members of the Senate may be disciplined,
suspended or expelled. It provides as follows:Each House may
determine the rules of its proceedings, punish its Members for
disorderly behavior, and with the concurrence of two-thirds of all
its Members, suspend or expel a Member. A penalty of suspension,
when imposed, shall not exceed sixty days.Rules of proceedings are
needed for the orderly conduct of the sessions of Congress. Unless
such rules violate fundamental or individual rights, they are
within the exclusive discretion of each House to formulate and
interpret and may not be judicially reversed.Without the above
provision, the authority to discipline its members can still be
exercised by each House as an inherent power, with the concurrence
of a majority vote, conformably to the general rule on the will of
the majority. With this provision, the disciplinary power is not so
much expressly conferred as limited because of the specific
conditions laid down for its proper exercise.Thus, the courts may
annul any expulsion or suspension of a member that is not concurred
in by at least two-thirds of the entire body or any suspension
meted out by the legislature, even with the required two-thirds
vote, as to any period in excess of the 60-day maximum duration.
These are procedural matters and therefore justiciable.But the
interpretation of the phrase "disorderly behavior" is the
prerogative of Congress and cannot as a rule be judicially
reviewed. The matter comes in the category of a political question.
Accordingly, the Supreme Court did not interfere when the
legislature declared that the physical assault by one member
against another, or the delivery of a derogatory speech which the
member was unable to substantiate, constituted "disorderly
behavior" and justified the adoption of disciplinary measures.Other
disciplinary measures besides expulsion and suspension are deletion
of unparliamentary remarks from the record, fine, imprisonment and
censure, sometimes called "soft impeachment."back to top
Inhibitions and DisqualificationsThe Constitution provides in
Section 14, Article VI the grounds of inhibitions and
disqualifications for members of Congress.It provides as follows:No
Senator or member of the House of Representatives may personally
appear as counsel before any court of justice or before the
Electoral Tribunals, or quasi-judicial and other administrative
bodies. Neither shall he, directly or indirectly, be interested
financially in any contract with, or in any franchise or special
privilege granted by the Government, or any subdivision, agency, or
instrumentality thereof, including any government-owned or
controlled corporation, or its subsidiary, during his term of
office. He shall not intervene in any matter before any office of
the Government for his pecuniary benefit or where he may be called
upon to act on account of his office.Appearance of the legislator
is now barred before all courts of justice, regardless of rank,
composition, or jurisdiction. The disqualification also applies to
the revived Electoral Tribunal and to all administrative bodies,
like the Securities and Exchange Commission and the National Labor
Relations Commission. Courts martial and military tribunals, being
administrative agencies, are included.The purpose of the
disqualifications is to prevent the legislator from exerting undue
influence, deliberately or not, upon the body where he is
appearing. The pressure may not be intended; normally, the
appearance is enough, considering the powers available to the
legislator which he can exercise to reward or punish a judge
deciding his case or, in the case of the Electoral Tribunal, his
close association with its members. This is the reason the
prohibited appearance must be personal. The lawyer-legislator may
still engage in the practice of his profession except that when it
comes to trials and hearings before the bodies above-mentioned,
appearance may be made not by him but by other members of his law
office.In Puyat v. De Guzman, a legislator entered his appearance
as counsel for one of the parties to an intracorporate dispute
before the Securities and Exchange Commission. He desisted when his
representation was challenged under the above-mentioned section.
Thereafter, he purchased P200 worth of stocks in the corporation
from the faction he was representing and sought to intervene in the
said dispute, this time as a stockholder. The Supreme Court did not
allow him to do so as his evident purpose was to circumvent the
constitutional prohibition. Justice Melencio Herrera declared:Under
those facts and circumstances, we are constrained to hold that
there has been an indirect appearance as counsel before xxx an
administrative body and in our opinion, that is circumvention of
the constitutional prohibition. The intervention was an
afterthought to enable him to appear actively in the proceeding in
some other capacity. To believe the avowed purpose, that is, to
enable him eventually to vote and to be elected as Director in the
event of an unfavorable outcome of the SEC case, would be pure
naivete. He would still appear as counsel indirectly.Legislators
are prohibited from being financially interested in any contract
with the government or any subdivision, agency or instrumentality
thereof, including government-owned or controlled corporations, or
in any franchise or special privilege granted by any of these
during their term of office, because of the influences they can
easily exercise in obtaining these concessions. The idea is to
prevent abuses from being committed by the members of Congress to
the prejudice of the public welfare and particularly of legitimate
contractors with the government who otherwise might be placed at a
disadvantageous position vis--vis the legislator.It should be
noted, though, that not every transaction with the government is
barred by this provision. The contracts referred to here are those
involving "financial interest," that is, contracts from which the
legislator expects to derive some profit at the expense of the
government. An illustration is a contract for public works or the
sale of office equipment or supplies to the government. By
contrast, it cannot be said that the legislator will profit
financially from a contract of carriage with a government
instrumentality like the PAL since it is the carrier that will
benefit from the passengers fare.The last sentence restores an
inhibition originally imposed by the 1935 Constitution. Although
this provision has never been judicially interpreted, it may be
surmised that the rule shall apply to the case, say, of the
chairman of the committee on banks serving as legislative
consultant for a private bank.back to top
Conflict of InterestsThe provisions in Section 12, Article VI of
the Constitution are intended to ensure the probity and objectivity
of the members of Congress.There are some persons who may be
tempted to run for Congress not because of a desire to serve the
people but precisely for the protection or even enhancement of
their own interests. By requiring them to make known at the outset
their financial and business connections or investments, it is
hoped that their potential for self-aggrandizement will be reduced
and they will be prevented from using their official positions for
ulterior purposes. In some countries, businessmen are required to
unload their stockholdings as these might affect their official
acts or at least lead to suspicion of chicanery or impropriety in
the discharge of their duties in the government.back to top
Incompatible and Forbidden OfficesUnder Section 13, Article VI
of the Constitution, it states some other disqualifications by
which a member of Congress may hold office, to wit:Sec. 13. No
Senator or Member of the House of Representatives may hold any
other office or employment in the Government, or any subdivision,
agency, or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries, during his term
without forfeiting his seat. Neither shall he be appointed to any
office which may have been created or the emoluments thereof
increased during the term for which he was elected.The first part
of this section refers to what are known as incompatible offices,
which may not be held by the legislator during his tenure in
Congress. The purpose is to prevent him from owing loyalty to
another branch of the government, to the detriment of the
independence of the legislature and the doctrine of separation of
powers.The prohibition against the holding of an incompatible
office is not absolute; what is not allowed is the simultaneous
holding of that office and the seat in Congress. In the case of the
rest of the legislators, any of them may hold another office or
employment in the government provided he forfeits, as a result, his
position in Congress.Forfeiture of the legislators seat, or
cessation of his tenure, shall be automatic upon the holding of the
incompatible office. Thus, a congress-man who was elected
provincial governor was deemed to have automatically forfeited his
seat in the House of Representatives when he took his oath for the
provincial office. No resolution was necessary to declare his
legislative post vacant.In Adaza v. Pacana, the petitioner and the
respondent were elected governor and vice-governor, respectively,
of Misamis Oriental. Both subsequently ran for the Batasang
Pambansa, but only the petitioner won. Adaza then qualified as a
member of the lawmaking body, whereupon Pacana assumed the
governorship as statutory successor. Adaza challenged Pacanas
takeover, contending that under the parliamentary system a
legislator could concurrently serve as governor; hence, there was
no vacancy in the governorship that Pacana could fill. Through
Justice Escolin, the Court unanimously rejected this argument and
held that Adaza automatically forfeited the governorship the moment
he took his oath as a member of the Batasang Pambansa.The
constitutional prohibition against a member of the Batasang
Pambansa from holding any other office or employment in the
government during his tenure is clear. Section 10, Article VIII of
the 1973 Constitution provides as follows:Sec. 10. A Member of the
National Assembly shall not hold any other office or employment in
the government or any subdivision, agency or instrumentality
thereof, including government-owned or controlled corporations,
during his tenure, except that of prime minister or member of the
cabinet. xxxThe language used in the above-cited section is plain.
The only exceptions mentioned therein are the offices of prime
minister and cabinet member. The wisdom or expediency of the said
provision is a matter which is not within the province of the Court
to determine.A public office is a public trust. It is created for
the interest and the benefit of the people. As such, a holder
thereof is subject to such regulations and conditions as the law
may impose and he cannot complain of any restrictions which public
policy may dictate on his holding of more than one office. It is
therefore of no avail to petitioner that the system of government
in other states allows a local elective official to act as an
elected member of the parliament at the same time. The dictate of
the people in whom legal sovereignty lies is explicit. It provides
no exceptions save the two offices specifically cited in the
above-quoted constitutional provision. Thus, while it may be said
that within the purely parliamentary system of government no
incompatibility exists in the nature of the two offices under
consideration, as incompatibility herein present is one created by
no less than the Constitution itself. In the case at bar, there is
no question that petitioner has taken his oath of office as an
elected Mambabatas Pambansa and has been discharging his duties as
such. In the light of the oft-mentioned constitutional provision,
this fact operated to vacate his former post and he cannot now
continue to occupy the same, nor attempt to discharge its
functions.But not every other office or employment is to be
regarded as incompatible with the legislative position. For
example, membership in the Electoral Tribunal is permitted by the
Constitution itself. Moreover, if it can be shown that the second
office is an extension of the legislative position or is in aid of
legislative duties, the holding thereof will not result in the loss
of the legislators seat in Congress.Accordingly, the chairmen of
the Senate and House committees on education retain their seats in
Congress while sitting concurrently as ex-officio members in the
U.P. Board of Regents. Legislators who serve as treaty negotiators
under the President of the Philippines continue to sit in Congress,
where they can better work for the approval of the treaty and the
passage of the needed implementing legislation.But even if a member
of Congress is willing to forfeit his seat therein, he may not be
appointed to any civil office in the government that has been
created or the emoluments thereof have been increased while he was
incumbent in the legislature. Such a position is a forbidden
office.The purpose is to prevent trafficking in public office. Were
the rule otherwise, certain legislators, especially those not sure
of reelection, might be able to work for the creation or
improvement of lucrative positions and, in combination with the
President, arrange for their appointment thereto in order to
provide for their future security at the expense of the public
service.Notably, this provision does not apply to elective offices,
which are filled by the voters themselves.The appointment of a
member of Congress to the forbidden office is not allowed only
during the term for which he was elected, when such office was
created or its emoluments were increased. After such term, and even
if the legislator is reelected, the disqualification no longer
applies and he may therefore be appointed to the office.back to
topSenators 16th Congress Senators List of Previous Senators Roll
of Senate Presidents Composition of the Senate Term of Office and
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Article VI, Section 2 of the Constitution provides:The Senate
shall be composed of twenty-four Senators who shall beelected at
large by the qualified voters of the Philippines, as may be
provided by law.It is worthy to note that the composition of the
Senate is smaller in number as compared to the House of
Representatives. The members of this chamber are elected at large
by the entire electorate. The rationale for this rule intends to
make the Senate a training ground for national leaders and possibly
a springboard for the presidency. It follows also that the Senator,
having a national rather than only a district constituency, will
have a broader outlook of the problems of the country, instead of
being restricted by narrow viewpoints and interests. With such
perspective, the Senate is likely to be more circumspect, or at
least less impulsive, than the House of
Representatives.Qualifications to Become SenatorsThe qualifications
for membership in the Senate are expressly stated in Section 3,
Art. VI of the Constitution as follows:No person shall be a Senator
unless he is a natural-born citizen of the Philippines, and on the
day of the election, is at least thirty-five years of age, able to
read and write, a registered voter, and a resident of the
Philippines for not less than two years immediately preceding the
day of the election.It is worthy to note that the age is fixed at
35 and must be possessed on the day of the elections, that is, when
the polls are opened and the votes cast, and not on the day of the
proclamation of the winners by the board of canvassers.With regard
to the residence requirement, it was ruled in the case of Lim v.
Pelaez that it must be the place where one habitually resides and
to which he, after absence, has the intention of returning.The
enumeration laid down by the Constitution is exclusive under the
Latin principle of expressio unius est exclusio alterius. This
means that Congress cannot anymore add additional qualifications
other than those provided by the Constitution.back to top
Organization of the SenateUnder the Constitution, Congress shall
convene once every year on the fourth Monday of July for its
regular session.... During this time, the Senate is organized to
elect its officers. Specifically, the Constitution provides a
definite statement, to wit:The Senate shall elect its President and
the House of Representatives its Speaker by a majority vote of all
its respective members.Each House shall choose such other officers
as it may deem necessary.x x x(3) Each House may determine the
rules of its proceedings ...By virtue of these provisions of the
Constitution, the Senate adopts its own rules, otherwise known as
the Rules of the Senate. The Rules of the Senate provide the
following officers: a President, a President Pro Tempore, a
Secretary and a Sergeant-at-Arms.Following this set of officers,
the Senate as an institution can then be grouped into the Senate
Proper and the Secretariat. The former belongs exclusively to the
members of the Senate as well as its committees, while the latter
renders support services to the members of the Senate.back to
top
The Senate ProperA. The Officers of the Senate1. The Senate
PresidentWidely 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.Under Section 3 of Rule III of the
Rules of the Senate, the Senate President is the Chief Executive of
the Senate. His duties and powers are as follows:(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;(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.2. The Senate
President Pro TemporeLike 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. Under Section 4
of Rule IV of the Rules of the Senate, the President Pro Tempore
shall discharge the powers and duties of the President in the
following cases:(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.3. The Majority LeaderIn 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 majoritys legislative program,
particularly on the floor.4. The Minority LeaderThe 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 minoritys 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 Rules of the Senate gives the
President Pro Tempore and the Majority and Minority Leaders unique
privileges as all are ex-officio members of all the permanent
committees of the Senate.back to top
B. The Senate CommitteesAt the core of Congress lawmaking,
investigative and oversight functions lies the committee system.
This is so because much of the business of Congress, it has been
well said, is done in the committee. Specific problems, whether
local or national in scope, are initially brought to the forum of
congressional committees where they are subjected to rigid and
thorough discussions.Congressional hearings and investigations on
matters dealing with every field of legislative concern have
frequently been conducted by congressional committees.To a large
extent, therefore, the committee system plays a very significant
role in the legislative process. Congressional responses and
actions vis-a-vis growing national problems and concerns have
considerably relied upon the efficiency and effectiveness of the
committee structure, system and expertise. As pointed out by
Woodrow Wilson regarding the important roles played by different
committees of Congress:The House sits, not for serious discussion,
but to sanction the conclusions of the Committees as rapidly as
possible. It legislates in its committee rooms; not by the
deliberation of majorities, but by the resolutions of
specially-commissioned minorities; so that it is not far from the
truth to say that Congress in session is Congress on public
exhibition, while Congress in its committee rooms is Congress at
work.On the other hand, the merits of Polsbys view with regard to
the importance of the committee system can be well considered:Any
proposal that weakens the capabilities of congressional committees
weakens Congress. Congressional committees are the listening posts
of Congress. They accumulate knowledge about the performance of
governmental agencies and about the effects of governmental
programs and performance on private citizens. They provide
incentives to members of Congress to involve themselves in the
detailed understanding of governmental functioning. They provide a
basis - virtually the only well institutionalized basis in the
House of Representatives - for understanding and for influencing
public policy.The present committee system in the Senate has by far
been the product of strong years of Philippine legislative
experience. It draws its strength from the inherent functions it is
mandated to perform, i.e., to assist the Congress in coming up with
well studied legislative policy enactments. Yet the complexity of
problems that our country is currently facing and the growing needs
and demands of our people for a more assertive role on the part of
Congress cannot but require us to assess the effectiveness as well
as the responsiveness of the congressional committee structure and
system. In order to survive and meet the challenges, Congress must
adjust to external demands and cope with internal stresses. It must
be pointed out that social, economic, and political developments
generate demands that the legislature pass legislation or take
other action to meet constitutional and public expectations
concerning the general welfare. The continuing rise of
unemployment, poverty, economic depression, scandals, crises and
calamities of various kinds, energy problem and accelerating
technological innovations, all intensify pressures upon Congress.
Political or governmental shifts, aggressive presidential
leadership, partisan realignments, and momentous and controversial
Supreme Court rulings, among other things, also drive the
congressional workload.However, the effects of external demands
create interpersonal stresses within Congress, and in the Senate in
particular. For instance, a ballooning workload (external demand)
of some committees has caused personal or committee scrambles for
jurisdiction (internal stress). Other tensions that may be
considered range from the growth in the member-ship of various
committees, jurisdictional disputes among several committees,
shifts in its personnel, factional disputes and members shifting
attitudes or norms. Such conflicts surface in recurrent debates
over pay, requisites, committee jurisdictions, rules scheduling,
and budgetary procedures which necessitate the call for an
assessment of the present structure of the Senate Committee
System.The present committee structure of the Senate is composed of
36 standing committees and five ad hoc and oversight committees.
These standing committees with their respective jurisdictions are
as follows:Committee on Accountability of Public Officers and
InvestigationsJurisdiction: All matters relating to, including
investigation of, malfeasance, misfeasance and nonfeasance in
office by officers and employees of the government, its branches,
agencies, subdivisions and instrumentalities; implementation of the
provision of the Constitution on nepotism; and investigation of any
matter of public interest on its own initiative or brought to its
attention by any member of the Senate.Committee on
AccountsJurisdiction: All matters relating to the auditing and
adjustment of all accounts chargeable against the funds for the
expenses and activities of the Senate.Committee on Agrarian
ReformJurisdiction: All matters relating to agrarian reform, landed
estates, and implementation of the agrarian land reform provisions
of the Constitution.Committee on Agriculture and FoodJurisdiction:
All matters relating to agriculture, food production and
agri-business, including agricultural experimental stations,
agricultural economics and research; soil survey and conservation;
agricultural education; technical extension services; animal
husbandry; livestock quarantine; agricultural support price; and
fisheries and aquatic resources.Committee on Banks, Financial
Institutions and CurrenciesJurisdiction: All matters relating to
banks, financial institutions, government and private currencies,
capital markets, mutual funds, securitization, coinage and
circulation of money.Committee on Civil Service and Government
ReorganizationJurisdiction: All matters relating to the Civil
Service and the status of officers and employees of the government
including their appointment, discipline, retirement; their
compensation privileges, benefits and incentives; implementation of
the constitutional provisions on the rights of government workers
to form and join labor organizations; public sector
labor-management relations and collective negotiation agreements;
reorganization of the government or any of its branches, agencies,
subdivisions or instrumentalities; all human resource development
programs pertaining to the government; and all other matters
relating to the bureaucracy.Committee on Constitutional Amendments,
Revision of Codes and LawsJurisdiction: All matters proposing
amendments to the Constitution of the Philippines and the
compilation and revision of existing codes and laws; election laws
and implementation of constitutional provisions on initiative and
referendum on legislative acts; recall of elective officials; the
role and rights of peoples organizations; and sectoral or
party-list representation.Committee on CooperativesJurisdiction:
All matters relating to cooperatives, both urban and rural-based,
including but not limited to farm credit and farm security,
cooperative movements, marketing and consumers organizations; and
the implementation of the Cooperative Code of the
Philippines.Committee on Cultural CommunitiesJurisdiction: All
matters relating to cultural communities.Committee on Economic
AffairsJurisdiction: All matters relating to economic planning and
programming; the planning of domestic and foreign indebtedness;
general economic development; and coordination, regulation and
diversification of industry and investments.Committee on Education,
Arts and CultureJurisdiction: All matters relating to education,
schools, colleges, universities; implementation of the provisions
of the Constitution regarding the establishment of free public
elementary and secondary education, scholarship grants, subsidies
and incentives to deserving students; non-formal, informal,
indigenous learning systems, and adult education; the preservation,
enrichment and evolution of Filipino arts and culture;
establishment and maintenance of libraries, museums, shrines,
monuments, and other historical sites and edifices; training
programs and cultural and artistic programs of international
institutions and organizations operating in the Philippines, such
as the UNESCO; and special commemorative events such as the
observance of the centennial of Philippine Independence.Committee
on EnergyJurisdiction: All matters relating to the exploration,
exploitation, development, extraction, importation, refining,
transport, marketing, distribution, conservation, or storage of all
forms of energy products and resources such as from fossil fuels
like petroleum, coal, natural gas and gas liquids, nuclear fuel
resources; geothermal resources and non-conventional, existing and
potential forms of energy resources; and generation, transmission
and distribution of electric power.Committee on Environment and
Natural ResourcesJurisdiction: All matters relating to the
conservation and protection of the environment, the regulation of
the impact of human activities on the same, the promotion of
environmental awareness of our citizens, the renewal of resources
in damaged ecosystems and other environment-related issues; and all
matters relating to the administration, management, development,
protection, exploration, storage, renewal, regulation and
licensing, and wise utilization of the countrys national reserves
including, but not limited to forest, mineral, public land,
off-shore areas and the development of industries based on these
resources.Committee on Ethics and PrivilegesJurisdiction: All
matters relating to the conduct, rights, privileges, safety,
dignity, integrity and reputation of the Senate and its
Members.Committee on FinanceJurisdiction: All matters relating to
funds for the expenditures of the National Government and for the
payment of public indebtedness; auditing of accounts and
expenditures of the National Government; claims against the
government; inter-governmental revenue sharing; and, in general,
all matters relating to public expenditures.Committee on Foreign
RelationsJurisdiction: All matters relating to the relations of the
Philippines with other nations generally; diplomatic and consular
services; the Association of Southeast Asian Nations; the United
Nations Organization and its agencies; multilateral organizations;
all international agreements, obligations and contracts; and
overseas Filipinos.Committee on Games, Amusement and
SportsJurisdiction: All matters relating to games and amusement,
such as lotteries, jai-alai, horse racing, dog racing, wrestling,
boxing, basketball and all other sports, as well as matters
relating to amateur sports development.Committee on Government
Corporations and Public EnterprisesJurisdiction: All questions
affecting government corporations, including all amendments to
their charters; the interests of the government in the different
industrial and commercial enterprises; and privatization.Committee
on Health and DemographyJurisdiction: All matters relating to
public health in general, medical, hospital and quarantine
services; population issues, concerns, policies and programs
affecting individuals and their families, their effects on
national, social and economic conditions.Committee on Justice and
Human RightsJurisdiction: All matters relating to the organization
and administration of justice, civil courts, penitentiaries and
reformatory schools; probation; impeachment proceedings against
constitutional officers and other officers legally removable by
impeachment; registration of land titles; immigration and
naturalization; the implementation of the provisions of the
Constitution on human rights; and all matters pertaining to the
efficiency and reforms in the prosecution service.Committee on
Labor, Employment and Human Resources DevelopmentJurisdiction: All
matters relating to labor employment and human resource
development; maintenance of industrial peace; promotion of
employer-employee cooperation; labor education, standards and
statistics; organization of the labor market including recruitment,
training and placement of workers and exports of human resources;
foreign workers in the Philippines; promotion and development of
workers organizations; and promotion and development of
employment-intensive technology.Committee on Local
GovernmentJurisdiction: All matters relating to autonomous regions,
provinces, cities, special metropolitan political subdivisions,
municipalities and barangays.Committee on National Defense and
SecurityJurisdiction: All matters relating to national defense and
external and internal threats to national security; the Armed
Forces of the Philippines; pension plans and fringe benefits of war
veterans and military retirees; citizens army selective service;
forts; arsenals; military bases, reservations and yards; coast,
geodetic and meteorological surveys; civil defense; and military
research and development.Committee on Peace, Unification and
ReconciliationJurisdiction: All matters relating to peace, internal
armed conflict resolution, political negotiation, cessation of
hostilities, amnesty, rebel returnees, integration and development,
national unification and reconciliation.Committee on Public
Information and Mass MediaJurisdiction: All matters relating to
public information, mass communication and broadcast services; the
implementation of the provisions of the Constitution regarding
ownership and management of mass media and the advertising
industry; the development and promotion of information technology;
and all matters relating to the artistic standards and quality of
the motion picture and television industry.Committee on Public
Order and Illegal DrugsJurisdiction: All matters relating to peace
and order; the Philippine National Police; the Bureau of Jail
Management; the BFP; private security agencies; the use, sale,
acquisition, possession, cultivation, manufacture and distribution
of prohibited and regulated drugs and other similar substances as
provided for under pertinent laws, and the prosecution of
offenders, rehabilitation of drug users and dependents, including
the formulation of drug-related policies.Committee on Public
ServicesJurisdiction: All matters affecting public services and
utilities; communications; land, air, river and sea transportation
including railroads, inter-island navigation, and lighthouses; and
the grant or amendment of legislative franchises.Committee on
Public WorksJurisdiction: All matters relating to planning,
construction, maintenance, improvement and repair of public
buildings, highways, bridges, roads, ports, airports, harbors and
parks; drainage, flood control and protection; and irrigation and
water utilities.Committee on RulesJurisdiction: All matters
affecting the Rules of the Senate; the calendar as well as
parliamentary rules and the order and manner of transacting
business and the creation of committees.The Chairman of the
Committee shall be the Majority Leader of the Senate. The
Vice-Chairmen shall be the Assistant Majority Leaders.Committee on
Science and TechnologyJurisdiction: All matters relating to science
and technology, including scientific and technological research,
development and advancement.Committee on Social Justice, Welfare
and Rural DevelopmentJurisdiction: All matters relating to rural
development and welfare, and the implementation of the provisions
of the Constitution on social justice.Committee on
TourismJurisdiction: All matters relating to tourism and the
tourist industry.Committee on Trade and CommerceJurisdiction: All
matters relating to domestic and foreign trade and private
corporations; patents, copyrights, trade names and trademarks;
standards, weights, measures and designs; quality control; control
and stabilization of prices of commodities; consumer protection;
handicraft and cottage industries; and marketing of
commodities.Committee on Urban Planning, Housing and
ResettlementJurisdiction: All matters relating to urban land
reform, planning, housing, resettlement and urban community
development.Committee on Ways and MeansJurisdiction: All matters
relating to revenue generally; taxes and fees; tariffs; loans and
other sources and forms of revenue.Committee on Youth, Women and
Family RelationsJurisdiction: All matters relating to the youth,
women and family relations.back to top
The SecretariatThe process of legislation, to begin with, has
not been merely confined to the enactment of laws or the passage of
legislative proposals or resolutions. Though the latter is
considered as its primary function, Congress has likewise performed
other equally important functions, such as those flowing from its
investigative and oversight powers.Essentially, therefore, the
process of legislation must be viewed as a dynamic process.
Although theoretically associated with the operation of Congress,
the legislative process likewise involves an elaborate network of
external relations, linkages and coordination with other
institutions, agencies, organizations and interest groups in
society.It has been said that the legislature is not an isolated
institution. As one of the traditional branches of the government,
Congress must continuously interact with both the executive and the
judiciary. To gain strength and advantages, it must establish
linkages with the various sectors of society including the academe,
media, and other research-oriented groups. Likewise, to assert a
more relevant role, the legislature must always be conscious of its
role in checking the excesses of the administration, in educating
the public about the issues of the day, as well as in overseeing
the conduct, behavior and performance of government agencies and
officials in the discharge of their official functions.It is
therefore in the context of the above roles and functions of
Congress that lawmakers find it extremely necessary to rely upon
their staff and support services who will help them not only in the
gathering of needed basic information and relevant technical data,
but also in building feedback mechanism, linkages and ties with the
socio-economic and political environment.The significant and
essential role assumed by legislative support services, moreover,
can easily be seen through their active participation in the
different stages of lawmaking. Laws are enacted precisely to
respond to or meet with a given societal problem - both actual and
perceived. Legislation is therefore prompted by the necessity to
address the needs and problems in society. Thus, while legislators
are charged with the task of making laws, a great deal of ideas,
data and tools necessary in the initiation, formulation and
preparation of legislative proposals are gathered and collected
through the assistance and initiative of the legislative staff and
support services.Thus, the nature and form of support service, as
far as this is concerned, must indispensably be responsive to the
needs of legislation. The services to be rendered cannot always be
routinary and constant but must be flexible in order to adapt, from
time to time, to the ever-changing needs and requirements of the
Senate. Of course, there are specific services which ought to be
religiously complied with in accordance with the mandate of our
Constitution, such as the preparation of journals and transcripts.
But, to a large extent, support services require a certain degree
of procedural flexibility and adaptability, especially in the
technical substance and content of legislation in the Philippine
context.The Senate Secretariat performs all kinds of support
services needed by the senators. The nature and form of such
services range from legislative to administrative, financial and
security services required not only by the senators themselves but
also by their office staff and employees.back to top
A. The Senate SecretaryThe 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. 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. For the maintenance of
security and order in the Senate, whether in session or not, the
responsibility is lodged in the Senate Sergeant-at-Arms.Offices
Under the Office of the SecretaryAmong the offices directly under
the supervision of the Senate Secretary are the Senate Tax Study
and Research Office (STSRO), the Protocol Office, the Policy
Studies Group and the Legislative Budget Research and Monitoring
Office (LBRMO). The STSRO conducts studies and formulates reform
proposals on tax-related issues including drafting of the
appropriate bill and estimation of revenue impact, conducts surveys
on tax and other fiscal matters, and provides technical assistance
during deliberations on tax proposals. The Office of Protocol takes
charge of important external and internal activities of the Senate
that may involve the visits of foreign dignitaries and the members
of the Senate in official missions abroad. The LBRMO coordinates
with the House of Representatives and the Department of Budget and
Management on the implementation of General Appropriations Act,
reviews the performance of the national governments revenue
collection and expenditure, assesses the implementation of
foreign-assisted projects and locally-funded projects, and responds
to queries of agencies, LGUs and GOCCs on matters within the
purview of the Committee on Finance. Other offices also under the
direct control of the Office of the Secretary include the
Management Operating and Audit Bureau, EDP-MIS Bureau and the
Public Information and Media Relations Office.The delivery of
legislative support services is directly the responsibility not
only of the Senate Secretary but also of the Deputy Secretary for
Legislation.1. The Deputy Secretary for LegislationThe 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. 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.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.2. Deputy
Secretary for External AffairsThe 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.3. The Deputy Secretary for Administration and
Financial ServicesThe 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 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.4. The Senate Legal
CounselThe 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.back to top
B. The Senate Sergeant-at-ArmsLike 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;(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. back to topSenators 16th Congress Senators List
of Previous Senators Roll of Senate Presidents Composition of the
Senate Term of Office and Privileges
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