Legislative power is essentially the authority under the Constitution to make, alter and repeal laws.

Congress – name of the legislative department of the Philippines (sec. 1).

It is a bicameral structure, replacing the unicameral set up provided under the 1973 Constitution.

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. A bicameral legislature is less susceptible to

bribery and control of big interests;5. It has long been practiced, thus, tested and

proven in the crucible of human experience.

1. Not an effective fiscalizing machinery;2. It is no assurance of better considered and

better deliberated legislation;3. It produces duplication of efforts and serious

deadlocks in the enactment of important measures with the conference committee of both Houses;

4. It is more expensive to maintain than a unicameral legislature;

5. Prohibitive costs for senatorial elections becomes exclusive only to wealthy individuals.

House of Representatives: not be more than 250 (now 287) members, elected by qualified voters in their respective districts, and through party-list system (sec.5 par.1).

Two types of legislators in the House of Representatives District representatives Party-list representatives

Qualifications (sec.6):◦ Natural- born citizen of the Philippines;◦ At least 25 years old on election day;◦ Able to read and write;◦ A registered voter; and◦ A resident of the Philippines for not less than one

year before the election. Term: 3 years with reelection (3 terms)

Party-list representatives comes from the different sectors of the society, except the religious sector (sec.6 par.2).

Sectoral party shall obtain at least 2% of the votes to be entitled to one party-list representative (RA 7941). Such party however, shall not have more than 3 seats.

Qualifications and terms are the same with the district representatives, except the last qualification.

Another qualification: Must be a bonafide member of the political party he wants to represent.

Composed of 24 members elected by qualified voters all over the country (sec.2).

Qualifications (sec.3):◦ Natural born citizen of the Philippines;◦ At least 35 years old on the day of the election;◦ Able to read and write; and◦ A resident of the Philippines for at least two years

before election day. Term: 6 years with one more reelection (se.4).

Election (sec.8-9):◦ Second Monday of May;◦ In case of vacancy, a special election may be

held but the elected one shall serve only the unexpired term.

Salary (sec.10)◦ Determined by law;◦ No increase until after the expiration of the full

term approving such increase.◦ Implied: Per Diems, emoluments and other

allowances

Sessions (sec.15)◦ Once every year on the 4th Monday of July for its

regular session;◦ Until 30 days before the next regular session;◦ The President may call a special session at any

time. Officers (sec.16):

◦ Senate President and Speaker of the House;◦ Other officers as it may necessary

Required to legitimately transact business, otherwise, the session may be dismissed subject to compulsory attendance of members for next session;

Quorum – any number sufficient to transact business, which may be less than the majority of the membership.

General legislative power – power to enact laws intended as rules of conduct to govern the relations among individuals or between the individuals and the State;

Specific powers – those which the Constitution expressly directs or authorizes Congress to exercise like:1. Power to choose who shall become President in case of

tie (sec.4);2. Power to confirm certain appointments by the President

(sec. 16); Implied powers – those essentially or necessary to the

effective exercise of the powers expressly granted, like:1. the power to conduct inquiry and investigation in aid of

legislation (sec. 21);2. to punish for contempt, to determine the rules of its

proceedings (sec. 16, par.3)

How does a bill become a law? House: Filling of bill First Reading: Assign number, title, author,

committee referral, committee report Second Reading: period of debate, amendment

and its approval Third Reading: Roll Call Vote Referral to the Senate following the same process Joint Conference Committee President signs or vetoes the bill into a law

Section 31: Granting a title of royalty or nobility shall be enacted.◦ Purpose: to preserve the republican and

democratic nature of the society. Section 30: Increasing the appellate

jurisdiction of the Supreme Court◦ To prevent further additions to the present

tremendous case load of the Supreme Court Art. III, section 22: No ex post facto or bill

of attainder.

Power to choose who shall become president in case of tie (Art. 7, sec.4)

Power of purse and appropriation (sec.25 and 28) Power of concurrence (sec.18-19) Power of legislative inquiry (sec.21) War power (sec.23, par.1) Power to impeach (Art.IX secs.2-3) Power to act as constituent assembly in revising

and amending the Constitution (Art.XVII, sec.3) Power to decide on election protests involving its

members (sec.17) Power to discipline members

Not yet exercised by Congress for two reasons:◦ It is least likely to happen;◦ A presidential candidate would most likely to

contest the result rather than allow the Congress to determine his political fate.

The preparation of the annual budget is lodged in the executive department, its approval is vested in the legislature.

The proposed budget is good as approved, although there may be modifications.

Congress can decrease the budget but cannot increase the same.

Along with this, is the power to impose taxes or new taxes and to appropriate government funds (section 28).

the power to ratify treaties and agreements entered into by the President;◦ to ensure that the executive has not capriciously

exercised its discretion particularly those that affect the national interest.

the power to confirm the appointments of presidents (section 18) unless otherwise provided by law.

the power to confirm or cancel the declaration of martial law by the President (Article VII section 18).

Composition:◦ Senate President as ex-officio chairman;◦ 12 senators and 12 members of the HR◦ Elected by each House on the basis of

proportional representation from the political parties.

The Chairman shall not vote except in case of tie;

Act on all appointments within 30 days from submission;

Rule by a majority vote of all its members

Power to conduct inquiries and investigations in aid of legislation (section 21);

This power includes the power to subpoena individuals, including government officials to answer the queries of the Congress, and to punish for contempt those who refuse to cooperate or to answer questions during the hearing.

This does not include questions that are self-incriminatory, and privileged (executive).

Exclusively belongs to the Congress; By a vote of two-thirds of both Houses, in

joint session assembled; The declaration should be not of war but of

the existence of state of war; May also baptize the war precipitated by

the President.

Initiated by the House of Representatives, by a vote of one-thirds of all its members (sec.2);

The Senate shall have the sole power to try all impeachments. Conviction shall be by a vote of two-thirds of all the members of the Senate;

Impeachable officers are the president, vice-presidents, justices of the Supreme Court, members of the CONCOM, and the Ombudsman.

Grounds: culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.

By a vote of three-fourth of all its members (section 1);

May also call for a constitutional convention by two-thirds vote;

Amendment shall be valid only when ratified by the people through a plebiscite.

Referring to the Electoral Tribunals: Senate Electoral Tribunal (SET)and House of Representative Electoral Tribunal (HRET);

Sole judge of all contests relating to the election, returns, and qualifications of their respective members.

Composition: 9 members, three of whom shall be justices of the Supreme Court and 6 from the House respectively on the basis of proportional representation of political parties.

House may determine the rules of its proceedings;

Punish its members for disorderly behavior; Suspend or expel a member.

◦ Such penalty shall not exceed 30 days.

This means a privilege from arrest while Congress is in session, whether or not he is attending the session.

Two types: ◦ Privilege from arrest ◦ Privilege of speech and debate

Congress is considered in session, regular or special, for as long as it has not adjourned.

This cannot be invoked when:◦ The offense is punishable by more than six years;◦ Congress is no longer in session.

Disclosure of their financial and business interests;

Notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation.

Not hold any other office or employment in the government during his term;

No appointment to any office which:◦ May have been created;◦ May increase his/emoluments

Cannot appear personally as counsel before the Court;

Cannot be directly or indirectly interested financially in any contract with, or any franchise or special privilege granted by the government;

Cannot intervene in any matter before any office of the government for his pecuniary benefit.