Executive

Legislative

Judiciary

Separation of Powers Checks and Balances

Article VI

“The legislative power shall be vested in the Congress of the Philippines which shall

consist of a Senate and a House of Representatives, except to the extent

reserved to the people by the provision on initiative and referendum. “

Legislative Power◦ Authority to make, alter or repeal laws◦ Prescribe general rules for the government of

society Laws

◦ Written enactments of the legislature ◦ Defines right and duties of a citizen◦ Imposes taxes◦ Appropriate funds (budget deliberation)◦ Defines crime and its penalties◦ Creates and abolishes government offices◦ Regulates human conduct

Two chambers (Bicameral)◦ Upper house

Senate

◦ Lower house House of Representatives

What are the advantages?

What are the disadvantages?

◦ Avoid hasty and ill-considered legislation

◦ Serves as training ground for future leaders

◦ Representation for both regional (House) and national (Senate) interests

◦ Less susceptible to bribery and manipulation

◦ Has not worked out as an effective fiscalizing machine

◦ No assurance of better deliberated legislation

◦ Duplication of efforts which delays the legislation process

◦ More expensive

Classification of Powers of the Congress◦ General Legislative Power

For the govern of relations among individuals As long as not contrary to the Constitution

◦ Specific Powers Power provided by the Constitution exclusively for the

Congress E.g. Elect the president in case of a tie Declare state of war

◦ Implied Powers Necessary to the effective exercise of their powers E.g. Investigation in aid of legislation

◦ Inherent Powers Powers that are not specified by the Constitution but are

requisites for the exercise of government sovereignty

The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as

may be provided by law.

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.

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.

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 interruption in the continuity of his service for the full term of

which he was elected.

24 Senators elected at large Initial 6 years term

◦ Eligible for a one subsequent 6 year term◦ More than two successive terms is prohibited

Qualifications◦ Natural-born citizen

◦ Who are natural born citizens?◦ At least 35 years old◦ Able to read and write◦ Registered voter

◦ What are the qualifications for voting?◦ Resident of the Philippines for at least 2 years

(1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.

(2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector.

(3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative.

(4) Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.

No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age,

able to read and write, and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of

the election.

The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of

June next following their election. No Member of the House of Representatives shall serve for more than three

consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an

interruption in the continuity of his service for the full term for which he was elected.

Not more than 250 members

◦ Congressional districts and sectoral representation◦ For every 250,000 city population, 1 representative

Manila – 6 Districts◦ For provinces, 1 representative regardless of

population

Initial 3 years term◦ Eligible for 2 more subsequent terms◦ More than three consecutive terms is prohibited◦ 9 years consecutive service

Qualifications◦ Natural-born Philippine Citizen◦ Able to read and write◦ At least 25 years old◦ District Representative

Registered voter in the district involved

Resident of that district for at least 1 year

◦ Sectoral Representative

Embodies the ideals promoted by the sector being represented

Pro-poor, representative should be poor

Against Drugs, negative to drug test

Sectoral Representation◦ To attain the broadest possible representation

Marginalized representation◦ To strike a balance between varying interests

20 percent of the total composition of the House of Representatives◦ 250 representatives, 50 should be from party-list

Election of registered parties, instead of individual candidates◦ Number of representatives depends on the total

no. of votes obtained (proportional representation)

◦ Maximum of three seats per party E.g. Was able to obtain 10% of the votes cast, party-

list will also get 10% of the seats allotted for party-list

A -100 B – 2500 (2nd seat) (8th seat) (12th seat) C – 3500 (1st seat) (7th seat) (11th seat) D – 200 (5th seat) Total Votes Cast =7,445 E – 10 2 percent = 149 F – 49 4 percent = 298 G – 161(6th seat) 6 percent = 447 H – 500 (3rd seat) (9th seat) (13th seat) I – 300 (4th seat) (10th seat) J - 125

Back-door Entrance to the Legislative department◦ Difficult to win in District Representation◦ Party-list Representation is an option

Traditional Politicians (Trapos)

Where do they use their pork barrel allotment?

As of 2001, none of the bills of national importance made by party-list groups ever became a law (Fermin 2001)

“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.”

House of Representatives

Senators◦ 43,000 basic monthly salary (516,000 per annum)◦ 1.3 M for salaries of staff (15.6 M per annum)◦ 200 M Pork Barrel Funds◦ Travel and other allowances◦ 216.116 Million Pesos

“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 the

Congress or in any committee thereof. “

Entitled to immunity from arrest while the Congress is in session

Whether attending the session or not◦ Regular

Three regular sessions◦ Special

Takes place when the president calls for session during recess to consider legislations the president may designate

Executive Session As long as the session is not yet adjourned or

in recess

If ever can be arrested◦ imprisonment should not be more than 6 years

Except for offenses punishable with a minimum of 6 years imprisonment◦ Reclusion Perpetua◦ Life Imprisonment

Theft 2 years – Life imprisonment

If Congress is no longer in session

If the offense committed is punishable with more than 6 years of imprisonment

If the representative waives this right

Entitled to immunity from being questioned and be held liable to what they say◦ Libel

Condition As long as the speech is relevant to the performance

of his legislative duties Chismis

If the person is not acting as a member of the Congress◦ No longer a representative◦ Actions are not in relation to the performance of

his legislative duties

Etiquette or behavior is being questioned in the Congress itself (Conduct Unbecoming)◦ Ethics Committee

Immunity from Arrest

Parliamentary Immunity

Article VI

(1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.

(2) No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

Bill◦ Draft law submitted to the legislative body for its

consideration

◦ Proposed by any member of the legislative

First Reading ◦ Referred to the appropriate committee◦ Committee level

Hearings, consultations, debate Second Reading

◦ Debates at the Plenary Level◦ Printing of final draft and distribution

Third Reading◦ Final Reading

No more amendments and debates are allowed◦ Nominal Voting

Yeas and nays

Referred to the other house◦ 3 readings take place

Forwarded to the Joint Bicameral Committee◦ Consolidation of the two versions of the two

houses◦ Compromise

Submission to the President◦ upon transmittal to the President

Sign the bill into law Veto the bill back to the Congress

◦ After 30 days without action

(1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it.

(2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.

Bill is passed by Congress signed by the President

Vetoed bill override by 2/3 vote of both houses

If the President failed to act on the passed bill in 30 days◦ For cases of initiative and referendum, signature

of the president is no longer required◦ Pocket Veto is not allowed

Silence means yes

Pocket Veto is not allowed

Partial Veto is not allowed◦ Except for appropriations bill, revenue bill, tariff

bill