THE LEGISLATIVE DEPARTMENT
*Please refer to Art VI of the Philippine Constitution by De Leon for a more comprehensive discussion.
Below is merely a summary.
What is Legislative Power?
- Otherwise known as law-making power or the power to make laws that are legal and binding.
Where is Legislative Power lodged?
- Legislative Power is lodged in the Congress of the Philippines
- The Philippines has a bicameral congress
What is a bicameral Congress?
- It means two-house or two-chamber legislature
- The upper house is otherwise known as the House of Senate
- The lower house is otherwise as the House of Representatives
How many senators comprise the House of Senate?
- There are 24 senators elected nationwide
- Qualifications:
A natural-born citizen of the Philippines
At least 35 years of age
Able to read and write
A registered voter
A resident of the Philippines for at least two years before election
- Term of office:
A term of 6 six years with a possible re-election for two consecutive terms
How many representatives ( congressmen) comprise the House of Representatives?
- There shall be composed of not more than 250 members
- Of the 250 members, 20% or 50 shall be allocated for sectoral representation/ party list
representatives, the rest of the seats are for district representatives
- Qualifications:
A natural-born citizen
At least 25 years of age
Able to read and write
A registered voter
A resident of a legislative district for at least a year before election
- Term of Office:
A term of three years with a possible re-election for three consecutive terms
Disqualifications of members of Congress
- They cannot hold office or employment in another branch of government
Example: a senator cannot serve cannot be a cabinet member , a judge , or a member of the
armed forces ( incompatible offices )
- They cannot financially be interested in any government contract, franchise or special interest of
the government
Think of Villar and the C5 controversy
- They cannot appear as lawyers before any court, electoral tribunal, or quasi-judicial body
Officers of Congress
- Senate president
- Speaker of the House
- They are elected by a majority vote of the members of their respective houses
Congressional Immunity
- Any member of congress can speak freely to the house without fear of being questioned or held
liable for his statements ( immune from libel suit); this is otherwise known as privilege of free
speech
- Any member also enjoys freedom from arrest during session except for crimes involving at least
6 years imprisonment
Powers and Duties of Congress
1. To make laws and pass resolutions
2. To approve annual budget of the government
3. To ratify treaties with other states
4. To declare war
5. To expose or investigate matters of public interest about the work of government ( investigation
in aid of legislation )
6. To decide cases of impeachment involving the president, supreme court justices, members of
Constitutional Commission and Tanodbayan
7. To propose amendments to the constitution or to call for a constitutional convention
8. To certify, authenticate and canvass vote of the president and vice-president; in case of tie, to
decide the winner by a majority vote of all members of congress
9. To cancel or extend a martial law declaration by the president
10. Through an electoral Tribunal, decide cases of electoral protest involving its members
11. Through a commission on appointments, to approve appointment made by the president
