CHAPTER 7

THE LEGISLATIVE
Reported by : Group 3
 OBJECTIVES:

O At the end of the chapter, students are expected to;

O discuss the rules and responsibilities of the
Philippine Senate and the House of Representatives
O Asses the performance of the Philippine Congress;
O Appraise the impact of Congress’s performance on
Philippine development; and
O Articulate a position or advocacy to a Philippine
legislator through a formal correspondence.
 INTRODUCTION
Lawmaking is the primary function of the legislative
branch of governments or sometimes called assembly. The
legislative {legisture} sets the major policies to be
implemented by the executive branch of governments. It is
composed of people who are either elected
(democratic governments ) or appointed (authoritarian
governments) . The term “legislative” is from the latin term
“legis” or “lex” which means “law”. By definition, legislature
is that branch of government which makes the laws of the
land ( Zaide,1996).
 HISTORICAL
BACKGROUND
 GENERAL
O The historical background of legislatures
can be traced in the Ancient Greece with its
Council of Five Hundred. According to Ayson
and Reyes (2000), the council proposed
measures for the consideration or approval of
the Assembly of Citizens.
O In the medieval period, legislative power was
then exercised by kings or by people themselves in
small assemblies ( Zaide, 1996). The purpose of
those assemblies was to represents various estates
such as the clergy, the nobility and the town
(commoner) which that time was the social
classification ( Lazo, 2013). The progenitor of the
modern legislature is the English Parliament , which
was called the “mother of parliaments” ( Ayson and
Reyes, 2000).
 PHILIPPINES
O Before the coming of the Spaniards,
lawmaking was a function exercised by the
tribal chieftains (datu,rajah) guided by the
council of elders (Agora). In 1565, the
Spanish colonial government was
established in the Philippines. Law
governing the archipelago were enacted in
Spain. The Spanish governor general also
had the power to impose policies.
O The Katipunan which was established in
the in 1892 had a Council which formulated
laws for the then secret organization. The
emergence of the organization was a result
of the clamor of the Filipinos to liberate
themselves from colonial rule. After more
than three hundred (300) years of spanish
rule , the Filipinos had their first assembly
in 1898 called Malolos Congress. The
members of the Congress drafted the
Malolos Constitution establishing the
Malolos Republic, the first republic in Asia.
O Along side with declaration of
independence of the Filipinos from
the Spanish regime in 1898, the
american also gained control over the
Philippines .
O The Philippine Bill of 1902 (Cooper
Act) provided a bicameral legislature
with the Philippine Commission as
the upper house and the Philippine
assembly as the Lower house.
O The Jones Law ( Philippine Autonomy
Act ) was enacted by the US Congress in
1916. The Act reorganized the Philippine
legislature into a bicameral which is fully
controlled by the Filipinos. The senate
replaced the Philippine Commission while
the House of Representatives replaced the
Philippine Assembly. Such reorgnization
resulted to the separation between the
legislative and the senate.
O In 1934, Tydings-McDuffie Act was
passed by US Congress granting
independence to the Philippines and
establishing a transition Commonwealth
government. The passage of the Act was
followed by the drafting of what was
known as the 1935 Philippine
Constitution. The said Constitution
provided for a unicameral National
Assembly. The National Assembly
remained as the Philippine legislature
until the Japanese Occupation.
O Where President Ferdinand Marcos
declared martial law in 1972, legislative
power was exercised by him through
issuances of presidential decrees and letter
of instruction. A new constitution was
promulgated in 1973 establishing a modified
parliamentary form of government with an
Interim National Assembly. The members of
Interim National Assembly never convened by
were able to propose an amendment to the
constitution creating Interim Batasang
Pambansa replacing the Interim National
Assembly
O The Interim Batasang Pambansa was
comprised of the President and
representatives elected from the
regions. The 1984 election of the
members of the Batasang Pambansa
gave more seats in the legislature for
the opposition. Marcos was removed
from power by the people in EDSA in
1986.
Below is the timeline of the Philippine Legislature

1. Laws were enacted by the tribal chieftains in

consultation with the council of elders(Agora)
2. Laws were enacted by the King of Spain from
1565-1898
3. The Pangulo and Supremo together with the
cabinet members of the Katipunan enacted laws
for its members
4. Malolos Congress of the first Philippine Reoublic
from 1898-1906
5. The bicameral legislature with the Philippine
Commission and Philippine Assembly from 1901-
1916
6. The bicameral legislature with the
Senate and House of Representative
from 1916-1935
7. The unicameral legislature called
National Assembly of both the
Philippine Commonwealth and the
second Philippine Republic from 1935-
1946
8. The bicameral legislature with the
Senate and the house of representatives
was revived during the third Philippine
Republic from 1946-1972
9. Laws were enacted by the president during the
initial stage of the Martial Law Era
10. Parliamentary form of government with an
Interim Batasang Pambansa from 1978-1984
11. Parliamentary form of government with the
Regular Batasang Pambansa under the fourth
Philippine Republic from 1984-1986
12.The new constitution revived bicameral
legislature with the senate and the house of
representatives under the fifth Philippine
Republic from 1987 to present.
 LEGISLATIVE BRANCH OF THE
PHILIPPINE GOVERNMENT
O Among the three (3) inter pares of the Philippine
government is the Philippine Legislative Branch
which is also known as Congress of the Philippines or
Philippine Congress. Its structure is bicameral which
means that there are two chambers composing the
congress. The upper chamber is called Senate while
the lower chamber is called House of the
Representatives.
 SENATE
O Firstly, the upper house of the Philippine Legislature
is the Senate of the Philippines. The term “senate” is
from the Latin term “senex” which means “the
elder”, thus members of the senate are known to be
wiser and more experienced members of the society.
The Senate of the Philippines ( Philippine Senate) is
composed of twenty four (24) members directly
elected nationally by the Filipino people.
The officials of the President Senate and their
functions are follows:

1. The Senate President

- widely regarded as the most powerful
figure in the Senate, the Senate President is the
presiding officer pf the Senate as well as the
leader of the major group. Under the constitution,
the Senate President is regarded as third in line of
succession, after the President. Under section 3 of
rule 111 of the rules of the senates, the senate
president is the Chief Executive of the senate.
 2. The Senate President Pro
Tempore
O Like the president of the senate, the senate president
pro tempore is also elected by the members of the
senate. In U.S., by custom, he is the most senior
member of the majority party. Although it is not
exclusively followed her, for some time in 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 Leader
In the modern Senate, the second in
command is the majority leader, whose primarily
responsibility is to manage the legislative affairs
of the chamber.

4. The Minority Leader

The minority group choose 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”
5. The Senate Secretary
The 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 officers of Senators. He
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.
a. The Deputy Secretary for Legislation
The 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.
b. Deputy Secretary of External Affairs
The Deputy Secretary for External
Affairs and Relations advises the Senate Secretary in
the formulation and implementation of external
affairs and relations policies and program of the
senate.
c. The Deputy Secretary for Administration and
Financial Services
The 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.
d. The Senate Legal Counsel
The 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.
O 6.The senate sergeant-at- Arms
like 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 Rule of the senate, to
wit: sergeant-At-Arms is also assisted by
assistant sergeant-at-Arms
OHouse of representatives
Secondly, the lower house of representatives
legislature is the house representative. There are
(2) kinds of house members, legislature district
representative and party list representative. The
1987 Philippines Constitution provided that
composition of the house of representative shall
be not more than 250 members (otherwise fixed
by law) elected legislative district (legislative
district representative).
The officials of the House of Representatives
and their functions are follows.
O The officials of the house of representatives are the
speaker, the Deputy speakers, the secretary General
and the sergeant-at-Arms, who are elected by a
majority vote of all members at commencement of
its congress ; the majority and minority leaders,
who are elected in a party causus of the ruling
party and minority party, respectively.
 More specifically, they perform the following functions;

1. Speaker- is the fourth highest officials in the

Philippine government. He ;
a. Presides over the sessions
b. decides on all questions of order, subject to appeal by
any member;
c. signs all acts, resolutions, memorials, writs, warrants,
and subpoenas issued by or upon order of the House;
d. appoints , suspends, dismisses or disciplines House
personnel ; and
e. Exercises administrative functions
2. Deputy Speakers:
Assumes the duties and powers of the speaker
when he is absent or incapacitated.

3. Majority Leader:
The Majority Leader is elected in a party
caucus of the majority ruling party. His primary function,
aside from being the spokesman of the majority party, is
to direct the deliberations on the floor.
4. Minority leader:
is the acknowledged spokesman of the minority party in
the House. But it does not necessarily follow that he is also
the leader of the party because the minority party in the
House may be composed of one or more political groupings.

5. Secretary general:
 Carries out an enforces orders and decisions of the House
 Keeps the journal of each session
 Notes all questions of order together with the decisions
thereon
 Completes the printing and distribution of the records of
the house
Submits to the speaker all contracts and
agreements for his approval
Acts as the custodian of the property and
records of the house and all other government
property in its premises
Subject to the supervision and control of the
speaker, the secretary general is the immediate
chief of the personnel of the house and is
responsible for the faithful and proper
performance of their official duties.
6.Sergeant-at-arms:
 Maintains order in the house of representative building
complex
 Enforces house rules
 Protects the lives of officers and members of the house, its
personnel and guests as well as properties found there in.
 RIGHTS AND PRIVILEGES
Members of the philippines congress enjoy the following
rights and privileges:
1. Senator & representatives receive an annual salary as
provided by the constitution.
2. Senators and representatives enjoy parliamentary
immunity where in they are free from being questioned
with their speeches or debates in congress or its
committees.
3. Senator and representatives cannot be arrested while
congress is in session provided that the offense
committed is punishable by not more than six(6) years.
 GENERAL FUNCTION
Law making which is the primary
function of the Legislature undergoes
a kilometric process. Article VI,
section 26(2) of the 1987 Philippines
constitution provides the process
before a bill becomes a law.
1. First reading. Any member of either house or any taxpayer
citizen through a member of the congress may file a bill. Once
introduced in the plenary, it will be reffered to an appropriate
committee to conduct preliminary discussions on the matter. If
approved by the committee, it will be scheduled for second
reading.

2. Second reading. The bill will be presented to the plenary in

its totality, together with the amendments of the committee, if
any.

3. Floor debates. After the second reading, deliberations will

commence where members discuss appropriate measures or
amendments.
4. printing and distribution. A bill approved in the floor
debates will be reproduced and distributed to the members
three(3) days before the third and final reading.

5. Third reading. On the last reading of the bill, members will

be casting their votes in favor of, or against it which will be
entered in the record of journal. A majority vote passes a bill.

6. Transmittal to the other house. The passed bill by one

house will undergo same process in the other house.

7. Bicameral committee. Key officials of both houses meet to

settle differences regarding the bill.
8. Submission to the president. If both houses of
congress passed the bill, it will be submitted to the
office of the president for approval. The president
has thirty(30) days to sign the bill into law. The bill
becomes a law if signed by the president. The bill
also becomes a law if the president fails to sign it
within the prescribed period of time. However, the
president may veto the bill. A vetoed bill goes back
to the house of congress where it originates and it
will undergo same process as in the passage of bill.
This time, congress needs a two-thirds(2/3) votes of
its members to override the veto of the president.
 UNICAMERAL VS BICAMERAL
The chart below presents the comparative between
unicameral and bicameral structures of a legislature
according to Ayson and Reyes (2000).
 LEGISLATIVE UNICAMERAL BICAMERAL
STRUCTURE

ADVANTAGES 1. More economical to

maintain
1. Careful scrutiny of
proposed measures
2. Easier to pin point 2. Guarantees protection
responsibility of peoples welfare
3. Greater facility for the against the tyranny of
enactment of a single house
legislation 3. Practices division of
4. Simplified principle of labor
representation 4. Provide a means by
which special interest
or classes are
represented in one
chamber which are
distinct from the
representation by
members of the other
5. More suitable to large
countries with a
heterogeneous
population.
 DIS- 1.Consideration of
measures may not be
1. Entails bigger larger
government
ADVANTAG so through 2.
expenditure
difficult to pinpoint
ES 2.Maybe influenced responsibility
by demagogues and 3. much delay in the
tyrannized by passage of legislation
dominant interests 4. hard to understand
why members of the
3. May tend to lower house give
become abusive more importance to
4. ill-adapted to their constituency
countries having 5. having more
federal governments numbers , lower
house might over
5. May become “a rule the upper house.
forum of bickering,
irresponsible special
interest”
1. Provide a means by which special interest or
classes are represented in one chamber which
are distinct from the representation by
members of the other
2. More suitable to large countries with a
heterogeneous population.