Date post: | 02-Jun-2018 |
Category: |
Documents |
Upload: | kristine319 |
View: | 219 times |
Download: | 0 times |
of 23
8/10/2019 Art VI. Legislative Department
1/23
Art VI. Legislative Department
Constitution of Governments
University of San CarlosDepartment of Political Science
Philippine Government & Constitution
8/10/2019 Art VI. Legislative Department
2/23
Members of Congress
Senate H. RepsCitizenship: Natural-born Filipino Citizenship: Natural-born Filipino
Age: at least 35 yrs old on the day of election Age: at least 25 yrs old on the day of election
Residence: at least 2 years prior to the election Residence: at least 1 yr prior to the election on
the place of rep (for district reps)
Literacy:able to read and write Literacy: able to read and write
Other qualifications: registered voter Other qualifications: registered voter in the place of rep(for district reps)
Composition: 24 Composition: 250
Max . no. of terms: 2 Max. no. of terms :3
No. of years per term: 6 No. of years per term: 3
Re-election/s : 1 Re-election/s: 2
How are they chosen?: Elected at large How are they chosen?: Elected by districts
When are they chosen?: 2ndMonday of May When are they chosen?: 2ndMonday of May
8/10/2019 Art VI. Legislative Department
3/23
Removal from office: Lapse of Term, expulsion by peers
Salaries/Privileges: Determined by law
Increased is effective only after expiration of full term of all
congressmen approving such increase.
Parliamentary Immunity:
*Freedom from Arrestwhile Congress is in session & for
offenses punishable by not more than 6 yrs. Imprisonment
*Privilege of Speech & Debateno liability for any speech or
debate in Congress or any committee thereof.
8/10/2019 Art VI. Legislative Department
4/23
Powers of Congress
1.) Legislative Power
2.) Counter-veto Power
3.) Concurrence of
Appointments
4.) Power of Legislative
Investigation & Question
Hour
5.) War Powers
6.) Power to Revoke or Extend
Martial Law Declaration orHabeas Corpus Writ
Suspension
7.) Power to Concur
Presidential Amnesties
8.) Power to concur in treaties/
Agmt.
9.) Appropriation Power/ Power
of the Purse & Disbursement
Power
10.) Power to tax
11.) Electoral Powers
12.) Power to Judge the fitness
of the Pres
13.) Power of Impeachment
14.) Power vis--vis NaturalResources
15.) Constituent Power
8/10/2019 Art VI. Legislative Department
5/23
Classification of Powers
1.) General Legislative PowerPower to enact laws
2.) Specific Powerspowers w/c the constitutionexpressly directs or authorizes
e.g. power to choose who will be the next Pres. in case 2 or more candidates haveequal and highest no. of votesTo confirm certain appointments by the Pres
To promote Social Justice
To declare the existence of a state of war
To impose taxes
To appropriate moneyTo impeach
To act as constituent assembly
8/10/2019 Art VI. Legislative Department
6/23
3.) Implied Powerspowers essential ornecessary to the effective exercise of the powers
expressly grantede.g. power to conduct legislative inquiry and investigation in aid of legislation
To punish for contempt
To determine the rules of its proceedings
4.) Inherent powerspowers w/c are possessedand can be exercised by every governmentbecause they exist as an attribute of sovereignty;legislative in nature
e.g. power of taxationpower of eminent domain
police power
8/10/2019 Art VI. Legislative Department
7/23
Counter-veto Power
A bill may become a law when the President
vetoes the bill and returns the same with his
objections to the house where it originated, and
the same is re-passed over his veto of 2/3 of all
the members of both houses.
8/10/2019 Art VI. Legislative Department
8/23
Concurrence on Appointments
The Commission on Appointments is
composed of the President of the Senate, 12
senators and 12 members of the House of
Representatives
The Commission on Appointments shall act on
all appointments submitted to it within 30
session days. The Commission shall rule by a
majority vote.
8/10/2019 Art VI. Legislative Department
9/23
Power of Legislative Investigation &
Question Hour
Must be done in aid of legislation
Must be done in conformity w/ the rules ofprocedures
The rights of the person appearing in (witness)or affected shall be respected
Extends hearings on other matters w/in its
jurisdiction notably power to impeach, topromote amendments, and to take disciplinaryactions against its members
8/10/2019 Art VI. Legislative Department
10/23
War Powers
The Congress, 2/3 vote of both Houses in jointsession assembled, voting separately shall have thesole power to declare the existence of state of war.
The war contemplated here is a defensive kind ofwar
Emergency powers may be granted by law to thePresident only in times of war or nationalemergency.
8/10/2019 Art VI. Legislative Department
11/23
Power to Revoke or Extend Martial Law
Declaration or Habeas Corpus Writ Suspension
Martial Law it includes all laws that have
reference to and are administered by the
military forces of the State
- it is the law w/c has application when the
military arm does not supersede civil authority
but is called upon to aid in the execution of its
vital functions
8/10/2019 Art VI. Legislative Department
12/23
Writ of Habeas Corpus - "you may have the body
is a writ (court order) that requires a person under arrestto be brought before a judge or into court.The principleof habeas corpus ensures that a prisoner can be releasedfrom unlawful detentionthat is, detention lackingsufficient cause or evidence. The remedy can be soughtby the prisoner or by another coming to the prisoner'said.
The suspension of the privilege of the writ shall apply onlyto persons judicially charged for rebellion or offensesinherent in or directly connected with invasion
8/10/2019 Art VI. Legislative Department
13/23
Power to Revoke Martial Law Declaration or
Habeas Corpus Writ Suspension
The President must submit report in person or inwriting to Congress within 48 hours from theproclamation Martial Law or suspension of the Writof Habeas Corpus to guide Congress in deciding theaction it should take (revocation or extension).
Congress is required to review the proclamation.The proclamation or suspension may be revoked bymajorityof the all the members of Congress votingjointly.
8/10/2019 Art VI. Legislative Department
14/23
Power to Concur in Presidential Amnesties
The President shall have the power to grant
amnesty with the concurrence of a majority of all
the members of Congress.
Amnestyan act of sovereign power granting
oblivion or a general pardon for a past offense
usually granted in favor of certain classes ofpersons who have committed crimes of a political
character (treason, sedition, rebellion)
8/10/2019 Art VI. Legislative Department
15/23
Power to Concur in Treaties / Agmt
A treaty or international agreement shall be
valid with the concurrence of at least two-
thirdsof the Members of the Senate.
8/10/2019 Art VI. Legislative Department
16/23
Appropriation Power/ Power of the Purse
and Disbursement Power
All appropriation, revenue or tariff bills, billsauthorizing increase of public debt, bills of localapplication and private bills shall originateexclusively in the HR, but the S may propose orconcur with the amendments.
HR is a more popular branch of Congress, being
closer to the people should have the privilege oftaking in the initiative in the proposal of revenueand tax projects, the disposal of peoplesmoney
8/10/2019 Art VI. Legislative Department
17/23
Nota bene:
The President does not have the authority
to transfer funds from one department to
another because he is not invested with the
legislative power to appropriate [Sec. 25 (5)]
Thus, making DAP unconstitutional!
8/10/2019 Art VI. Legislative Department
18/23
Power to tax
Progressive system of taxation provides that
the rate of tax increases as the tax base or
bracket (amount of income) increases.
8/10/2019 Art VI. Legislative Department
19/23
Electoral Powers
The Senate and the House of Representatives
shall each have an Electoral Tribunal which
shall be the sole judge of all contests relating
to election, returns, and qualifications of theirrespective members.
9 members: 3 Justices, 6 S & HR
8/10/2019 Art VI. Legislative Department
20/23
Power to Judge the Fitness of the Pres.
Congress shall have the power to decide by a
vote of 2/3 of both Houses, voting separately,
that the President is unable to discharge the
powers and duties of his office.
8/10/2019 Art VI. Legislative Department
21/23
Power to Impeach
The House of Representatives shall have the
exclusive power to initiate all cases of
impeachment.
The Senate shall have the sole power to try
and decide all cases of impeachment.
8/10/2019 Art VI. Legislative Department
22/23
Constituent Power
Congress upon a vote of of all its members
may propose any amendment or revision of
the Constitution.
8/10/2019 Art VI. Legislative Department
23/23
How does a Bill become a Law
1.) First Reading
2.) Referral to appropriate committee
3.) Second Reading
4.) Debates5.) Printing and Distribution
6.) Third Reading
7.) Referral to the other House
8.) Submission to joint bicameral committee(differences in version)
9.) Submission to the President