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Legislative Power
the authority under the Constitution tomake laws and to alter and repealthem
power to propose, enact, amend andrepeal laws
vested in Congress, except to theextent reserved to the people byprovision on initiative and referendum.
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The peoples participation in the
Government consist of:
Suffrage - Right and obligation to vote inelection of certain national and localofficers of the Government and in thedecision of public questions submitted tothe people.
Plebiscite- the process by which a proposedamendment to the constitution issubmitted to the people for approval
Referendum - the process by which a
proposed law or a part thereof issubmitted to the people for approval
Initiative - the process by which the peopledirectly propose and enact laws or
amend the constitution.
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Apportionment of Legislative District
1. Maintain proportional, representation based onnumber of inhabitants;
Each city with not less than 250 thousandinhabitant, entitled to at least one (1)
representative
Each province, irrespective of the number ofinhabitants, entitled to at least one (1)
representative2. Each district must be contiguous, compact and
adjacent. Gerrymandering is not allowed.
Reapportionment within 3 years following return ofevery census.
formation of one legislativedistrict out of separateterritories for a purpose of
favoring a candidate orparty.
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Qualifications of Senators(a) a natural-born citizen of the Philippines
(b) at least 35 yrs. of age on the day of election(c) able to read and write(d) a registered voter(e) a resident of the Philippines for not less than two
(2) years immediately preceding the day of theelection.
Qualifications of House of
Representatives:(a) a natural born citizen of the Philippines(b) at least 25 yrs. of age on the day of Election(c) able to read and write
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Election
Kinds of Election
Regular Election- held on second Mondayof May.
Special Election- It may be called in casevacancy rises in the Senate or H.O.R to fillsuch vacancy in the manner prescribed by
law.
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Sessions Regular session- once every year on the
4th Monday of July up to 30 days before thenext regular session unless a differentdate is fixed by law.
Special Session- takes place when thePresident calls Congress, during the timethat it is in recess, to session to considersuch subjects or legislations as he may
suggest. Executive sessions- secret meetings of
Congress; a closed session held when theissue involves national security.
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Discipline of Members
Nature not specified in the Constitution sinceit would exist, whether expressly conferred ornot.
Form of punishment reprimand, fine,forfeiture of salary, imprisonment, suspension,and expulsion.
Contempt committed by non-memberscongress may punish for disorderly behavior ofany other person
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Composition:Composed of 9 members 3 Justices of Supreme Court 6 members of the Senate or the House of RepresentativesShall be constituted within 30 days
It has exclusive jurisdiction over all contests
Reason for creation Under the 1973 constitution Given to the Commission on Elections
To be free from the control of political parties To insure a fair and impartial determination of election
contests Enables Congress to concentrate on its proper function,
lawmaking
Congressional Electoral Tribunals
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Commission on Appointments in Congress
Composition, constitution and natureComposed of 25 members
President of the Senate as ex officio chairman 12 senators 12 members of the House of Representatives
Power or Function Power is to approve or disapprove appointments
submitted to it by the President It must act on all appointments, by a majority vote
of all the members, within 30 days of Congress
The CA does not curtail the Presidentsappointing authority but serves as a checkagainst its abuse. It assures that the Presidenthas exercised the power to appoint wisely,by appointing only those who are fit and
qualified.
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Powers of Congress
General legislative power it is the power toenact laws intended as rules of conduct togovern the relations among individuals orbetween individuals in the state.
Specific powers they are powers which theconstitution expressly directs or authorizesCongress to exercise like the power to choosewho shall become President in case 2 or morecandidates have an equal and highestnumber of votes, to confirm certainappointments of the President, to act as aconstituent assembly to impeach, etc.
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Implied powers They are those essential ornecessary to the effective exercise of the powersexpressly granted, like the power to conduct
inquiry and investigation in aid of legislation, topunish contempt, to determine the rules of itsproceedings, etc.
Inherent powers they are the powers which arepossessed and can be exercised by everygovernment because they exist as an attribute ofsovereignty.
Executive power Powers of the Congress toappoint its officers, affirm treaties, confirmpresidential appointees through the Commission
on Appointments and remove power.
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Director/Supervisory power The Congress ofthe Philippines exercises considerable controland supervision over the administrative
branch.
Electoral power These are powers of theCongress to elect its presiding officer, act as
board of canvassers for the canvass ofpresidential/vice presidential votes.
Judicial power This power of Congress will
enable it to pass judgment upon certainparties/courses of action.
Miscellaneous powers The other powers ofthe Congress mandated by the Constitution.
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Classification of Powers:
General or plenary powerSpecific power of appropriation,
taxation, and expropriation
Legislative InvestigationsQuestion hour
Legislative
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Non-legislative Canvass presidential elections Declare existence of a state of war Delegation of emergency powers Call special election for President and Vice-
President Give concurrence to treaties and amnesties
Propose constitutional amendment Confirm certain appointments Impeach Decide the disability of the President because
majority of the Cabinet disputes his assertion that
he is able to discharge his duties. Revoke or extend proclamation of suspension of
privilege of writ of habeas corpus or declarationof martial law
Power with regard to utilization of naturalresources
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QUESTION HOUR
LEGISLATIVE
INVESTIGATION
1. As to personswho may appear
Only a departmenthead
Any persons
2. As to whoconducts theinvestigation
Entire body Committees
3. As to subjectmatter
Matters related tothe department only
Any matter for thepurpose oflegislation
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1) First Reading
2) Referred to the appropriation Committee
3) Second Reading
4) Full Debate and Disclosure
5) Printing and Distribution6) Third and Final Reading
7) Submission/Transmittal to the other house
8) Joint Bicameral Conference Committee
9) Submission to the President
1) Sign the bill into Law
2) Vetoes the Bill and return it to the origin house
3) Inaction within 30 days
Steps in the Passage of Bill :
The bill is read by its number and titleand the name/names of author orauthors.The bill is read again in its entiretytogether with the amendments, ifany, proposed by the committee.
Only the title is read on thefloor,: Nominal voting held.
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Revenue Bill
Appropriation Bill
Tariff Bill
the primary and specific purposeof which is to raise revenue
Kinds of Bill
Imposing custom dutiesfor revenue purposes.
Is one the primary and specific aim
of which is to make appropriationsof money from the public treasury.
is a draft of a law submitted to theconsideration of a legislative body
for its adoption
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Bill of Local Application
Bill authorizing increase ofthe public debt
Private bill
One affecting purely local ormunicipal concerns
a bill provide for the issuanceof bonds and other forms of
obligations
one affecting purely privateinterest such as one granting
to a person or corporation
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Parts of a Law
Title - It announces the subject matter of the act.
Preamble - It follows the title and precedes theenacting clause.
Enacting Clause immediately precedes the body ofthe statute and it serves as a formal means of
identifying the legislative body that enacts thelaw.
Body - It is a portion containing law or statute itself. Effectivity Clause It is that portion providing the
time when the law shall take effect.
Republic Act No. 386 has for its enactingclause Be it enacted by the Senate and
House of Representatives of the Philippinesin Congress Assembled
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Party List System
is a method of electing representatives to the
House of Representatives by voting for the party towhich they belong. It is defined as a method of voting byproportional representation in contrast to the traditionalmethod of voting through the single member district orconstituency.
Article 6,section 5 (1 & 2) the House of Representativesshall be composed of not more than 250 members,unless otherwise fixed by law. Twenty percent of theHouse membership shall be elected through theparty-list system of voting."
Since there are 206 legislative districts in the Philippinestoday, twenty percent of this is 51. Thus, the Comelecprovides for 51 seats available for the party-list.