The Legislative Branch of the Philippine Government

The Legislative Branch of the Philippine Government

Implied Powers. These powers are essential to the effective exercise of other powers granted by the Constitution to Congress. The power to conduct inquiry in aid of legislation, through its Blue Ribbon Committee, is within the ambit of the implied power of Congress.

General Legislative Power. This power of Congress consists of laws intended to serve as rule of conduct in governing relations between individuals or between individuals and the state. Examples of these laws are civil laws, commercial laws, criminal laws, and political laws.

Inherent Powers. These are the powers which though not expressly given are nonetheless exercised by the Congress as they are necessary for its existence such as:

• To determine the rules of proceedings;

• To compel attendance of absent members to obtain quorum to do business; and

• To keep journal of its proceedings.

Powers of Congress

The powers of Congress can be classified into the following categories: general legislative power; implied powers; inherent powers; specific legislative power; executive power; supervisory power; electoral power; judicial power; and miscellaneous powers (Ramirez & Lee, 1997).

Specific Legislative Powers. These powers have reference to those which the fundamental law expressly and specifically directs to perform or execute. Powers enjoyed by Congress under this category are the following:

• Power to appropriate through the passage of the General Appropriation Act;

• Power to act as constituent assembly or introduce amendments to the fundamental law by a vote of three-fourths of all its members;

• Power to impeach, to be initiated by the House of Representatives;

• Power to confirm treaties by two-thirds vote of all senators;

• Power to declare the existence of war by 2/3 vote from both houses in joint session voting separately;

• Power to concur amnesty; and

• Power to act as board of canvasser for presidential/vice-presidential votes.

Executive Power. Power of Congress that are executive in nature are the following:

• Appointment of its officers;

• Affirming treaties by two-thirds vote of the members of Senate;

• Confirming presidential appointees through the Commission on Appointments; and

• Removal power

Supervisory Power. Congress exercises considerable control and supervision over the administrative branch. Notable among these are the following:

• To decide the creation of a department/agency/office;

• To define powers and duties of officers;

• To appropriate funds for governmental operations; and

• To prescribe rules and procedure to be followed.

How a Bill Becomes a Law

Lawmakers file bills on issue areas of their concern, although bills in international agreements and treaties are traditionally initiated by the Senate. Nonetheless, bills on appropriations and those authorizing increase in public debts originate from the House of Representatives.

Electoral Power. The following are considered electoral power of Congress:

• Elect its presiding officer/s and other officers of the House;

• Act as board of canvassers for the canvass of presidential/vice-presidential votes; and

• Elect the President in case of any electoral tie to the said post.

Judicial Power. This power of Congress enables it to pass judgement upon certain parties/courses of action. Covered under this category are the following:

• To expel and suspend its erring members;

• To initiate contempt proceeding in the Congress;

• To concur and approve amnesty declared by the president of the Philippines;

• To initiate, prosecute and thereafter decide cases of impeachment; and

• To decide electoral protests of its member through the respective Electoral Tribunal.

Miscellaneous Powers. These are the other power mandated by the Constitution to Congress. Among these powers are the following:

• To authorize the Commission on Audit to audit fund and property;

• To authorize the President of the Philippines to fix tariffs rates, quotas, and dues;

• To authorize the President of the Philippines to formulate rules and regulations in times of emergency;

• To reapportion legislative district based on established constitutional standards;

• To implement laws on autonomy;

• To establish a national language commission;

• To implement free public secondary education;

• To allow small scale utilization of natural resources;

• To specify the limits of forest lands and national parks;

• To determine the ownerships and extent of ancestral domain; and

• To establish independent economic and planning agency.

Qualifications of the Members of the Philippine Congress

For one to be elected senator, the following qualifications need to be met (Article VI, Sec. 4)

• Must be a natural born Filipino citizen;

• At least 35 years old on the day of the election;

• Able to read and write;

• A registered voter; and

• A resident of the Philippines for not less than two years, immediately preceding the election.

The House of Representatives.

• Article VI, Section 5 of the 1987 Constitution provides that out of the total number of Members, twenty percent (20%) shall cone from Party-list (PL) representatives, one-half of which shall be filled by sectoral representatives for the first three terms of congress (1987-1998).

• Under the law, parties, organizations, and coalitions shall be entitled to a seat in the House of Representatives in proportions to the total number of votes they receive in the party-list election. The party-list law further provides that each party, organization, or coalition shall be entitled to not more than three (3) seats.

The Senate.

• The 1987 Constitution provides that the House of Representatives shall be composed of not more than 250 members, unless otherwise fixed by law, who shall be elected from legislative districts and through a party-list system.
• The Representatives (of legislative districts and party list) shall have a term of three years commencing at noon of the 30th day of June following their election.
• The Constitution also also be composed of not more than 250 members, unless otherwise fixed by law, who shall be elected from legislative districts and through a party-list system.
• The Representatives (of legislative districts and party list) shall have a term of three years commencing at noon of the 30th day of June following their election and are limited to serving a maximum of three (3) consecutive terms.
• The Representatives of the Lower House are elected from the provinces, cities and the Metropolitan Manila area, which are divided into legislative districts.
• Seats are apportioned according to the number of inhabitants and are reapportioned within three years following the return of every census.
• Article VI of the Constitution specifically allocates one representative for every city with a population of at least 250,000.

• The Senate consists of 24 Senators elected at large.
• Under synchronized elections, 12 Senators are elected every three (3) years.
• Each has a term of six year. In 1992, 24 senators were elected.
• The first 12 have a term of six years and the other twelve had a shorter term of three years which lasted until 1995.
• Starting with the 1995 elections, the 12 newly elected senators won their seat for six years (1995-2001).
• Another set of 12 senators was elected in May of 1998 to serve a six year term (1998-2004). The term of a senator, as provided for in the Constitution, starts at noon on the 30th day of June following their election.
• The Constitution also limits their stay in office to no more than two (2) consecutive terms.

On the other hand, the following qualifications are set forth in the Constitution for those who want to be elected member of the House of Representative:

• Must be a natural born Filipino citizen;

• At least 25 years of age on the day of the election;

• Able to read and write;

• A registered voter in the district for which he shall be elected, except for party-list representatives; and

• A resident of the place for at least one year immediately preceding the day of election.

Congress as a Repository of Legislative Power

Article VI, Section 1 of the Constitution states that legislative power shall be vested in the Congress of the Philippines, which shall consist of a Senate and House of Representatives.

• This constitutional provision clearly points to Congress as vested with legislative power or the power to make, amend or even repeal laws.

• The role of Congress is vital considering that laws are essential in regulating the relations of people among themselves and the government. Laws are needed in society for the following reasons: to protect the lives, rights and property of the people; to impose taxes for the operation of the government; to define crimes and punishment for “crimes; to create and abolish government offices; and to regulate human conduct and use of property for the welfare of society.

The Composition of Philippine Congress

• Philippine Congress is a bicameral legislature. It Consist of two chambers, the Upper House or Senate and the Lower House or the House of Representative.