LEGISLATIVE DEPARTMENT (ART. VI.)

Submitted By:

Mark Joseph FrondaRolito C. BanguilanMarah C. BagunuLallaine BrigidoMarjorie MalsiJenelyn DomingoAngelo AmataEdison C. CarpioGrace Gatan

Submitted To:Prof. Cristopher Vea

The Senate(1) Composition of Election – It is composed of 24 senators. They

are elected at large (nationwide) by the qualified voters, as may be provided by law. Unless otherwise provided by law, the regular election of senators shall be held on the second Monday of May.

(2) Term of Office – It is six (6) years. It shall commence , unless other wise provide by law at noon on the 30th day of june next following their election.

(3) Qualification – A senators must be:(a) A natural – born citizens of the Philippines;(b)At least 35 years of age on the day of the election (i.e.,

day of the balloting).(c) Able to read and write.(d) A registered voters;(e) A resident of the Philippines for not less two (2) years immediately preceding the day of the election.

(4) Maximum terms - In line with the state policy on equal access to opportunities for public service and against political dynasties (Art. 11, Sec 26), a Senator is qualified to serve for more than (2) consecutive terms.(Sec. 4, part2)

The House of Representatives.(1) Composition and election/Selection- It is composed of not

more than 250 members popularly known as “congressman”. They are elected from legislative or congressional districts and through a party- list system.

(2) Term of office – It is three (3) years to begin also, unless otherwise provided by law at noon on the 30th day next following their election.(Sec. 7, par.1). The House of representatives is intended to be close to people.

(3) Qualification – A Representatives must be:(a) A natural – born citizen of the Philippines;(b) At least 25 years of age on the of the election;(c) Able to read and write.(d) Except a party – list representatives, a registered voter in the district in which he shall be elected.(e) A resident these is for a period of not less than one (1) year preceding the day of the election.

(4) Maximum Terms – The provisions are the same as those for Senators except that the limit is for not more than three (3) consecutive terms. (Sec. 7, par.2)

Party – list and Sectoral Representatives(1) Aim of the party-list System – The basic aim of representatives

government is to attain the broadest possible representation of all interests in its law and policy – making body.

(2) Appointment/Selection of Sectoral Representatives – Under the party-list system, in addition to the members of the house of representatives elected from the legislative districts, (20%) of its total membership shall be elected from a list of registered national, regional, and sectoral parties or organizations.

(3) Need for Sectoral Representation – Sectoral Representatives is necessary because it is almost impossible for say a farmer, laborer or public school teacher, to win in an election.

kinds of election for member of Congress(1) Regular Election – It shall be held on the second Monday of May.(2)Special Election – It may be called in case a vacancy in the manner prescribed by law.

Freedom from Arrest of members of CongressA 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.

When immunity cannot be involved where:(1) The offense by reason of which the arrest is made is punishable by more than six (6) years imprisonment.(2) Congress is no longer in session. In such case, the reason of the privilege does not obtain.

Freedom from being questioned fro speech and debate.

A member of Congress enjoys parliamentary immunity in that he shall nor be questioned nor be held liable in any other place for any speech or debate “in the Congress or any committee thereof.”

When immunity cannot be claimed where.(1) The member of is not acting as a member of Congress, for he is not entitled to any privileges above his fellow citizens; nor are the rights of the people affected if he is placed on the same ground on which his constituents stand. (2) The member is being questioned in Congress itself, whenever said body considers that his words and conduct are disorderly and unbecoming a member thereof.

Disclosure of financial and business interests.(1) To make a full disclosure of their financial and business interests, upon assumption of office.(2) To notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

Disqualification to hold any other office or employment.(1) Incompatible Office – This includes any kind of office or employment in the government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries during his term.

(2) Forbidden office - This refers to any office created or the emolument of which have been increased during the term for which he was elected (Sec. 13.), not merely during his tenure or period of actual incumbency.

Fiduciary position of members.(1) Appearance as counsel before any court of justice, etc. - A member of congress shall not appear personally as counsel before any court of justice or before the Electoral Tribunals or quasi-judicial and other administrative bodies.(2) Financial interests in any contract with the government – He shall not, directly or indirectly, be interested financially in any contract with the government, etc., during his term of office whether as an individual or as a member of a partnership or as an officer of a corporation.(3) Financial interest in any special privilege granted by the government –He shall not, directly or indirectly, be interested financially in any franchise or special privilege granted by the government, etc., during his term of office.(4) Intervention in certain matters. – He shall not intervenes in any cause or matter before any office of the government for his pecuniary benefit or where he maybe called upon to act an account of his office or to give his vote as member of Congress.

Meaning of Legislative Journal. The legislative journal is defined as the financial record of

what is done and passed in a legislative assembly.

Purpose of Journal-Keeping Requirement.The Constitution requires the Congress to “keep a journal of

its proceedings, and from time to time to publish the same, excepting such parts as may, in its judgments, affect national security,” (Sec. 16[4].)

Adjournment by either House without Consent of other.

During the sessions of Congress, either House may adjourn for not more than three (3) days.

Electoral Tribunal in Each House.An electoral Tribunal, composed of nine(9) members, is

created in each House of Congress with exclusive jurisdiction over all contests relating to the election, returns and qualifications of their respective members.

The Commission on Appointments in CongressThe Commission on Appointments, is composed of 25

members. As created and constructed, is a sort of joint committee of the state and the House of Representatives.

Records of Congress open in Public.Congress s enjoined by the Constitution to preserve and open

its records and books of accounts to the public.

Power of Legislative Inquiry and Investigation(1) Sound Legislation – A legislation body cannot legislate wisely or

effectively in the absence of information respecting the conditions which the legislation is intended to affect or change;

(2) Other Desirable Benefits – This incidental function of a legislative body produces other desirable results.

Appearance of Heads of Department Before Each House

Under Section 22, heads of departments cannot be required to appear before either House under pain of being declared in contempt in view of the separation of powers bet. The legislative and executive branches.

Power of Legislative Injury and InvestigationThe Senate or House of Representatives or any of its

respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure.(1) Sound Election – A legislative body cannot legislative wisely or

effectively in the absence of information respecting the conditions which the legislation is intended to affect or change.

(2) Other Desirable Benefits – This incidental function of a legislative body produce other desirable results.

Power to Declare Existence of a State of War.The Constitution grants Congress the sole power to declare

the existence of a state of war.

War Contemplated.The war contemplated here is a defensive, not an aggressive

war, because by express constitutional provision, the Philippines renounces war as an instrument of national policy.

Scope of the Power .(1) Aid to other legislative functions – The power of inquiry and

investigation. Exits not only to enable Congress to discharge effectively its primarily legislative or lawmaking functions.

(2) Limitations – In legislative investigations, as in the courts of justice, the constitutional rights (e.g., rights againts self- incrimination, right to counsel, etc.) of persons appearing in or affected by such inquiries must de respected.

Power to declare existence of a state of war.The Constitution grants Congress the sole power to declare

the existence of a state of war. The concurrence of two thirds of both Houses in joint session assembled, voting separately (not jointly) is required for the exercise of this power. (Sec. 23[1].)b Because war directly and vitally affects all the components of the entire nation, it is deemed essential that the responsibility to make such declaration should rest with the direct representatives of the people in Congress.

War contemplated.The war contemplated here is a defensive, not an aggressive

war, because by express constitutional provision, the Philippines renounces war as an instrument of national policy. (Art. II. Sec.2.)

The phrase “to declare war” in the 1935 Constitution was changed to “declare the existence of war” in the 1973 Constitution which is retained in the new Constitution except with the insertion “of a state” because the original provision in the 1935 Constitution may give the impression the Congress can declare a war of aggression.

Delegation of emergency powers.During grave emergencies, it may not be possible or

practicable for Congress to meet and exercise powers. To meet any such occasion, the Constitution expressly permits Congress to grant legislative powers to the President subject to certain conditions as follows:1. The emergency powers may be granted by law to the President

only in times of war or other national emergency(e.g. rebellion, grave economic depression ). It is the Congress that determines whether there is a war or national emergency. (see Art. XII, Sec. 17);

2. The said powers must be exercised only during a limited period, that is, for the duration of the war or other national emergency;

3. They must be exercised subject to such restrictions (e.g. requiring the President to make a report to eh Congress when it meets in session) as the Congress may prescribe;

4. They must be exercised to carry our a national policy as declared in the law delegation the authority; and

5. They shall automatically cease upon the next adjournment (i.e. Adjournment of the next session) of Congress, unless sooner withdrawn by resolution in view of its opinion that the emergency has ceased. This provides a safeguard against the exercise of emergency powers by the President even when the national emergency for which the powers were intended no longer exists.

Appropriations bill is one the primary and specific aim of which is to make appropriations of money from the public treasury. A bill of general legislation which carries an appropriation as an incident thereto to carry out its primary and specific purpose is not an appropriation bill.

Kinds of appropriations.An appropriation is an authorization made by law or other

legislative enactment, directing payment our of government funds under specified conditions and or of specified purposes. Appropriations may be:1. Annual or general appropriations – they set aside the annual

expenses for the general operation of the government. The general appropriations bill is more popularly known as the budget;

2. Special or supplemental appropriations - they include all appropriation not contained in the budget. They are designed to supplement the general appropriations;

3. Specific appropriation - one which sets aside a named sum of money for the payment of a particular expense; and

4. Continuing appropriation – one which provides a definite sum to be always available from year to year, without the necessity of further legislative action, for the purpose appropriated even after the original amount shall have been fully spent. When the original amount is spent, a like amount is automatically appropriated for the original purpose.

Meaning of other bills.

1. Revenue bill - one the primary and specific purpose of which is to raise revenue.

2. Tariff bill - as used in the Constitution, it has reference to one imposing custom duties for revenue purposes. A bill imposing high tariff rates (rates of custom duty) on certain imported articles to protect local industries against foreign competition (which is its primary purpose ) is not a revenue bill and therefore, not a tariff bill as contemplated by the Constitution, although incidentally it creates substantial revenue.

3. Bill authorizing increase of the public debt.- one which creates public indebtedness such as a bill providing for the issuance of bonds and other forms of obligations. Such bonds are to be paid with the proceeds to be derived from taxation and other sources of government revenue.

4. Bill of local application. – one affecting purely local or municipal concerns like one creating a city or municipality or changing its name.

5. Private bill- one affecting purely private interest, such as one granting a franchise to a person or corporation, or compensation to a person for damages suffered by him for which the government considers itself liable.