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Phil Con 2

The document discusses the legislative department and Congress of the Philippines based on the 1987 Constitution. It outlines that legislative power is vested in Congress, which consists of a Senate and House of Representatives in a bicameral system. It provides qualifications for senators and representatives, terms of office, election procedures, and prohibitions against conflicts of interest. Advantages of bicameralism include checks on hasty legislation and representation of regional interests, while disadvantages include increased costs and complexity.

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Ros D. Zarate
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0% found this document useful (0 votes)
123 views

Phil Con 2

The document discusses the legislative department and Congress of the Philippines based on the 1987 Constitution. It outlines that legislative power is vested in Congress, which consists of a Senate and House of Representatives in a bicameral system. It provides qualifications for senators and representatives, terms of office, election procedures, and prohibitions against conflicts of interest. Advantages of bicameralism include checks on hasty legislation and representation of regional interests, while disadvantages include increased costs and complexity.

Uploaded by

Ros D. Zarate
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Article VI

LEGISTATIVE DEPARTMENT
Section 1. The legistative power shall be
vested in the Congress of the Philippines ehich
shall consist of a Senate and a House of
Represantatives , except to the people by the
provision on initiative and referendum.

Meaning of legistative power.


Legistative power - is essentially the
authority under the Constitution to make laws
and to alter and repeal them.
Meaning of law
The term laws, as used above , refers to the
statutes which are the written enactments of the
legislature governing the relations of the people
among themselves or between them and the
government and its agencies.

Legislative power vested in Congress.


By granting the legistative power to a Congress of the
Philippines which is a double- chamber body consisting
of the Senate and the House of Representatives, a
bicameral legislature has been created in place of the
unicameral set-up provided in the 1973 Constitution.
The 1935 Charter also established a bicameral
legislature.
Advantages of bicameralism
The following are the arguments propounded in favor
of bicameralism.
1. A second chamber (Senate) is necessary to serve as
a check to hasty and ill considered legislation.
2. It serves as a training ground for future leaders.
3. It provides a representation for both regional and
national interests.
4. It serves as a check in the impeachment process,
unlike in a unicameral assembly which has the
dangerous power of action as prosecutor and judge.
5. A bicameral legislature is less susceptible to
bribery and control of big interests.
6. It provides the means of securing national views on public
questions as contrasted with the generally parochial views of
men elected from smaller geographical districts.
7. It is the traditional form of legislative body dating from
ancient times, as such it has been tested and proven in the
crucible of human experience.

Disadvantages of bicameralism
The arguments againts it are:
1. The bicameral set -up has not worked out as an
effective fiscalizing machinery.
2. Although it affords a double consideration of bills, it is no
assurance of better considered and better deliberated legislation;

3. It produces duplication of efforts, hinders legislation, and


complexity to the legislative process;

4. It often produces serious deadlocks in the enactment of


important measures with the Conference Committee of both
Houses, derisively called the "third chamber", practically
arrogating unto itself the power to anact law inder its authority to
thresh out differences;

5. It encourages horse-trading between Houses, causing legislation


to become watered down and losing its initially intended
effectiveness;

6. All things being equal, it is more expensive to maintain than a


unimerical legislature.
7. The prohibitive costs of senatorial elections have made it
possible for only wealthy individuals to make it to the
Senate; and as to the claim that a Senate is needed to
provide a training ground for future leaders, two of our
Presidents became chief executives even if their service was
confined to the House of Representatives.

Scope of legislative power of Congress


A grant of legislative power means the grant of all
legislative powers for all purposes of civil government.
Accordingly, the legislative power of Congress, except
to the extent reserved to yhe peolple by the provision
on initiative and referendum.

Classification of powers of Congress


The powers of congress may be classified into:
1. General legislation power.- It is the power to enact laws
intended as rules of conduct to govern the relations among
individuals or between the individuals and the State.
Sec.2 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.

Sec.3 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.
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.
No Senator shall serve for more than two
consecutive term. 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.
Sec.5 (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 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 the section.
Sec. 6. 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
preciding the day of the election.
Sec.7. The Members of the House 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 saw elected.
Sec.8. Unless otherwise provided by law, the
regular election of the Senators and the Members
of the House of Representatives shall be held on
the second Monday of May.

Sec.9. In case of vacancy in the Senate or in the


House of Representatives, a special election may
be called to fill such vacancy in the manner
prescribed by law, but the Senator or Member of
the House of Representatives thus elected shall
serve only for the unexpired term.
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
Reprezentatives approving such increase.

Sec.11. 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 commitee thereof.
Sec.12. All Members of the Senate and the House of
Representatives shall, upon assumption of office make a
full disclosure of their financial and business interests.
They shall notify the House concered of a potential conflict
of interest that may arise from the filling of a proposed
legislation of which they are authors.

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, includibg government-owned or
controlled corporations of their subsidiaries, during his
term without forfeiting his seat. Neither shall he be
appionted to any office which may have been created or the
emoluments thereof increased during the term for which he
was elected.
Sec.14. 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 previlege granted by the
Government, or any subdivision, agency,
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.
Sec. 16. (1) The Senate shall elect its President and the
House of Representatives its Speaker, by a majority vote of
all its respective Members.
Eache House shall choose such other officerz as it may
deem necessary.
(2) A majority of each House shall constitute a quorum yo
do business, but a smaller number may be adjourn frkm
day to day and may compel the attendance of absent
Members jn such manner, and under such penalties, as such
House may provide.
(3) Each house may determine the rules of its proceedings,
punish its Members for disorderly behavior, and with the
concurence of two thirds of alk its Members, susupend or
expel a Member. A penalty of suspension, when imposed,
shall not exceed sixty days.
Sec.17. The Senate and the House of Representatives each
have an Electoral Tribunal which shall be the sole judge of
all contests relating to the election returns, and
qualifications of their respective Members. Each Electural
Tribunal shall be composed of nine Members, three of
whom shall be Justices of the Supreme Court to be
designated by the Chief Justice, and the remaining six shall
be Members of the Senate or the House of Representatives
, as the case may be who shall be chosen on the basis of
proportional representation from the politucal parties and
the parties or the organizations registered under the party-
list system represented therein. The senior Justice in the
Electoral Tribunal shall be its Chairman.
Sec.18. There shall be a Commission on
Appointments consisting of the Presedent of the
Senate, as exfficio Chairman, twelve Senators and
twelve Members of the House of Representatives,
elected by each House on the basis of proportional
representation from the political parties and parties
or organizations registered under the party-list
system represented therein.The Chairman of the
Commission shall not vote, except incase of a
tie.The Commission shall act on al appoinments
submited to it within thirty session days of the
Congress from their submission. The Commission
shal rule by a majority vote of all the Members.
Sec.19. The Electoral Tribunals in the Commission
on Appointments shall be constituted within thirty
days after the Senate and the House of
Representatives shall have been organized with the
election of the President and the Speaker. The
Commission on Appointments shall meet only while
the Congress is in session, at the call of its Chairman
or a majority of all its Members, to discharge such
powers and functions as are herein conferred upon
it.

Sec.20. The records and books of accounts of the


Congress shall be preserved ond be open to the
oublic in accordance with law, such books shall be
audited by the Commission on Audit which shall
publish annuakly an itemized list of ammounts paid
to and exoenses incurred for each Member.
Sec.21. The Senate or the House of
Representatives or any its respective committees
may conduct inquiries in aid of legislation in
accordance with its duly published rules of
procedure. The rights of persons appearing in or
affected by such inquiries shall be respected.
Sec.22. The heads of departments may upon their own
initiative, with the consent of the Presedent, or upon the
request of either House, as the rules of each House shall
provide , appear before and be heard by such House on
any matter pertaining to their departments. Written
questions shall be submitted to the President of the
Senate or the Speaker of tge House of Representatives
at least three days before thier schedule
appearance.Interpellation shall not be limited to written
questions, byt may cover matters related there to. When
the security of the State or the public interest so requires
and the President so states in writing, the appearance
shall be conducted in executuve session.
Sec.23. (1) The Congress by a vote of two-thirds
of both Houses in joint session assembled, voting
separatelt, shall have the sole power to declare the
existince of a state of war.
(2) In times of war or other national emergency,
the Congress may, by law, authorize the President,
for a limuted period and subject to such
restrictions as ut may prescribe, to exercise powers
necessary and proper to carry out a declared
national policy. Unless sooner withdrawm by
resolution of the Congress, such powers shall
cease upon the next adjournmnent thereof.
Sec.24. All appropriation, revenue or tariff bills,
bills authorizing increase of the public debt, bills
of local application, and private bills shall
originate exclusively in the House of
Representatives, but the Senate may propose of
concur with amendments.
Sec.25. The Congress may not increase the
appropriations recommended by the President for
the operation of the Government as specified in the
budget .The form, content, and manner of
preperation of the budget shall be prescribed by
law.
Sec. 26 (1) Every bill passed by the Congress
shall embrace only one subject whuch 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 uts Members three days
before its passage , except when the President
certifies to the necessity of its immediate
enactment to mwet a public calmity or emergency.
Upon the last reading of a bill, of amendment
thereof shall be allowed, and the vote thereon shall
be taken immediately thereafter, and the years nays
entered in the Journal.
Sec.27.(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 a d return the same with his objections to the House
where it originated, which shall enter the objections at
largein 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
law.
(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.
Sec.28.(1) The rule of taxation shall be uniform and
equitable.The Congress shall evolve a progressive system
of taxation.
(2) The Congress may, by law, authorize the President to
fix wuthin specified limits,and subject to such limitations
and restrictions as it may impose, tariff rates, import and
export qoutas, toonage and wharfagedues, and other duties
or imposts within tge framework of the national
development program of the Government.
(3) Charitable institutions, churches and parsonages or
convents appurtenant thereto, mosques,non profit and all
land, building, and improvements,actually, directly and
exclusively used for religious, charitable,or educational
purposes shall be exempt feom taxation.
(4) No law granting any tax exemption shall be passed
without the concurrence of a majority of all the Members
of the Congress.
Sec.29 (1) No money shall be paid out of the Treasury
except in pursuance of an appropriation made by law.
(2) No public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly, for the
use, benefit or support of any sect, chhrch , denomination,
sectarian institution, or system of religion , or of any priest
, preacher , minister , or other religious teacher, or dignitary
as such, excelt when such priest, preacher, minister, or
dignity is assigned to the armed forces, or to any penal
institution , or government orphanage or leprosarium.
(3) All money collected on any tax levied for a special
purpose shall be treated as a special fund and laid out for
such purpose only. If its purpose for which a special fund
was created has been fulfilled or abondoned, the balance, if
any, shall be transferredto the general funds of the
Government.
Sec.30. No law shall be passed increasing the appellate
jurisdiction of the Supreme Court as provided in this
Constitution without its advice and concurence.
Sec.31. No law granting a title of royalty or nobility shall
be enacted.
Sec.32.The Congress shall, as early as possible, provided
for a system of initiative and referendum and the
exceptions therefrom, whereby the people can directly
propose and enact laws kr approve or reject any law or part
thereodf passed by the Congress or local legislative body
after the registration of an petition therefor sign by atleast
ten per centum of the total number of registered voters, of
which every leguslatuve district must be represented by at
least three per centum of the registered voters thereof.

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