The Philippine legislative system has undergone The 1987 Constitution restored the presidential
a series of evolutions that reflected the system of government together with a
sociopolitical conditions of the times and the bicameral Congress of the Philippines.
level of political maturity of society.
It began with the unicameral Malolos Congress 1935 CONSTITUTION
of the short-lived Philippine Republic of 1898- - Initially it established a unicameral
1899, followed by the Philippine Commission of National Assembly but in 1940, the 1935
1901, a colonial legislative system composed of Const was amended and in 1941, it
all-American appointees. This body then turned into a bicameral congress which
evolved into a bicameral, predominantly consists of the Senate as the upper
elective, Filipino-controlled legislature by virtue house and the House of Representatives
of the Jones Act of 1916, and lasted until as the lower house.
November 1935 when the semi-independent 1973 CONSTITUTION
Commonwealth Government was inaugurated. - Promulgated after Marcos declared
A unicameral National Assembly replaced the martial law, to introduce a parliamentary
bicameral body after the 1935 Philippine style of government
Constitution was ratified. In 1941, the - Abolished the bicameral Congress and
Constitution was amended, again restoring the created a unicameral Batasang Pambasa
bicameral legislature that came to be called the in a parliamentary system of
Congress of the Philippines. government.
Except during the Japanese-sponsored - With the proclamation of a new
Philippine Republic from 1942-1945, the Constitution, the presidential form of
Congress functioned as the national legislature government was changed to a modified
until September 1972 when President Ferdinand parliamentary form
E. Marcos placed the country under martial law. - In parliamentary system, there is a
WHEN OUR COUNTRY WAS UNDER difference between the head of the
AMERICAN colonial rule, the legislative body government and the head of the state.
was the Philippine Commission which existed Head of Government is thet prime
from September, 1900 to October, 1907. The minister and for the state, the president.
President of the United States appointed the there is fusion of powers between the
members of the Philippine Commission. executive and the legislative branches.
The Philippine Bill of 1902 mandated the
creation of a bicameral or a two-chamber Marcos then exercised legislative power;
Philippine Legislature with the Philippine his 1973 Constitution created
Commission as the Upper House and the the unicameral Batasang Pambansa,
Philippine Assembly as the Lower House. This a parliament. The Batasang Pambansa
bicameral legislature was inaugurated in first convened in 1978, and will continue
October, 1907. Through the leadership of then to exist until the 1986 People Power
Speaker Sergio Osmena and then Floor Leader Revolution that overthrew Marcos from
Manuel Quezon, the Rules of the 59th Congress power.
of the United States was substantially adopted 1987 CONSTITUTION
as the Rules of the Philippine Legislature. - Restored the presidential system of
In 1916, the Jones Law changed the legislative government together with a bicameral
system. The Philippine Commission was Congress of the Philippines. Like how it
abolished, and a new bicameral Philippine was before martial law
Legislature consisting of a House of - President is both the head of state and
Representatives and a Senate was established. head of the government. Separate from
The legislative system was changed again in all other branches, independent to each
1935. The 1935 Constitution established a other.
unicameral National Assembly. But in 1940, - These political changes were: the
through an amendment to the 1935 abolition of the Batasang Pambansa
Constitution, a bicameral Congress of the following the proclamation of a new
Philippines consisting of a House of revolutionary government; the
Representatives and a Senate was created. organization of a Constitutional
Upon the inauguration of the Republic of the Commission that drafted a new charter
Philippines in 1946, Republic Act No. 6 was which, in turn, was ratified in February
enacted providing that on the date of the 1987; the rebirth of the old bicameral
proclamation of the Republic of the Philippines, system; and the election of Members to
the existing Congress would be known as the the new Congress
First Congress of the Republic.
The 1973 Constitution abolished the bicameral
Congress and created a unicameral Batasang Legislative branch
Pambansa in a parliamentary system of The legislative power is vested in a Congress
government. which is divided into two Houses, the Senate
and the House of Representatives. The 24
members of the Senate are elected at large by
a popular vote and can serve no more than two reelection after a break or interval. The
consecutive 6-year terms. The House is senators term of office begins on December
composed of 250 elected members. Most of 30th following their election. The qualifications
these Representatives are elected by district for for becoming a senator are as follows:
3-year terms, but 20% of the total membership
is chosen in proportion to party representation. 1. a natural-born citizen of the Philippines;
Besides the exclusive power to legislate, one of 2. a least 35 years of age;
the most important powers of Congress is the 3. able to read and write;
ability to declare war, which it can through a 4. a registered voter; and
two-thirds vote in both houses. Even the power 5. a resident of the Philippines for at least
to legislate, however, is subject to an executive two years prior to his election.
check. The President retains the power to veto a
bill passed by both houses, and Congress may The House of Representatives, on the other
override this veto only with a two-thirds vote in hand, shall be composed of not more than 250
both houses. members, with the Speaker as its chief officer.
These seats are apportioned among the
Senate provinces, cities, and Metro Manila, according to
Appointment population. Thus, heavily populated provinces
Elected by a direct vote are given as many as six or seven
Powers representatives or congressmen. However, the
Election monitoring Philippine Constitution provides that each
Introduces and passes legislation by a province -- no matter how sparsely provinces of
majority vote the Philippines are represented in the Lower
Conducte inquiries in pursuit of passing House of Congress. The congressmen are
legislation elected for a term of three years, but they
Declares war with joint two-thirds vote of cannot serve for more than three consecutive
Congress terms. To become a representative, a person
Removal must be:
Upon resignation
Upon the end of a 6 - year term 1. a natural-born citizrn of the Philippines;
House of Representatives 2. at least 25 years old;
Appointment 3. able to read and write;
Elected by districts or a party-list system 4. a registered voter, and
Powers 5. a resident of the province where he is
Election monitoring running for at least one year
Introduces and passes legislation immediately prior to the election.
Introduces and passes financial The lawmaking function of Congress is very
legislation important. It passes laws that regulate the
Conduct inquiries in pursuit of passing conduct of and relations between the private
legislation citizens and the government. It defines and
Declaring war with joint two-thirds vote punishes crimes against the state and against
of Congress persons and their property. It determines the
Removal taxes people should pay for the maintenance of
Upon resignation the government. It appropriates the money to
Upon the end of a 3- year term be spent for public purposes. It can reorganize,
create, or abolish offices under the civil service.
And it can create and abolish courts, except the
THE LEGISLATIVE BRANCH Supreme Court. Finally, it is only Congress
which was given by the Philippine Constitution
the sole power to declare war and to authorize
the President - in case of national emergency or
war - to issue executive orders embodying rules
The legislative power is vested in a bicameral and regulations intended to carry out the
body, the Congress of the Philippines, which is natioal policy.
composed of two houses -- the Senate and the
House Representatives. The Congress of the The congress convenes in a regular session
Philippines is the country's highest lawmaking once a year, starting on the fourth Monday of
body. July. This session may not exceed the
prescribed 100 days, exclusive of Sundays.
The Senate, headed by the Senate president Special sessions may be called by the President
and often referred toa s the "Upper House", is to consider general legislations or any subjects
composed of 24 senators elected at-large which he may want to designate. However,
(nationwide) by qualified voters for a period of these sessions may not exceed 30 days.
six years. A senator cannot serve for more than
two consecutive terms; but he may run for Here are the various steps in the passage of a
bill: necessary.
1. First Reading - Any member of either house 9. Submission to the President - A bill
may present a proposed bill, signed by him, for approved on Third Reading by both Houses shall
First Reading and reference to the proper be printed and forthwith transmitted to the
committee. During the First Reading, the President for his action - approval or
principal author of the bill may propose the disapproval. If the President does not
inclusion of additional authors thereof. communicate his veto of any bill to the House
where it originated within 30 days from receipt
2. Referral to Appropriate Committee - thereof, it shall become a law as if he signed it.
Immediately after the First Reading, the bill is Bill repassed by Congress over the veto of the
referred to the proper committee or committees President automatically becomes a law.
for study and consideration. If disapproved in
the committee, the bill dies a natural death Except in cases of treason, breaches of the
unless the House decides other wise, following peace, or felony, the members if both chambers
the submission of the report. of Congress are exempt from arrest during their
attendance at the sessions and in going to and
3. Second Reading - If the committee reports returning from the same. They may not be
the bill favorably, the bills is forwarded to the questioned in any other place for any speech
Committee on Rules so that it may be they deliver in the hall of Congress.
calendared for deliberation on Second Reading.
At this stage, the bill is read for the second time The Philippine Constitution provides for the
in its entirely, together with the amendments, if election of a Senate President and a Speaker of
any, proposed by the committee, unless the the House, who are both elected by a viva voce
reading is dispensed with by a majority vote of majority vote of all the members of their
the House. respective houses, at the beginning of the
regular session. The two preside over the
4. Debates - A general debate is then opened sessions in their houses, they also considered
after the Second Reading and amendments may as legislative leaders; and they are often called
be proposed by any member of Congress. The to Malacanang Palace to discuss important
insertion of changes or amendments shall be legislative measures with the President.
done in accordance with the rules of either
House. The House may either "kill" or pass the In addition, the two houses may also appoint
bill. their respective secretaries and sergeants-at-
arms. The most important function of a
5. Printing and Distribution - After approval secretary is to keep the records of the
of the bill on Second Reading, the bills is then proceedins, while the sergeant-at-arms is the
ordered printed in its final form and copies of it peace officer of each house. Both officers are
are distributed among the members of the not members of Congress.
House three days before its passage, except
when the bill was certified by the President. A Other officers of Congress are the pro-tempore
bill approved on Second Reading shall be and floor leaders. The Pro-tempore Officers are
included in the calendar of bills for Third elected in the same manner as the Senate
Reading. President and the House Speaker. They usually
belong to the same political party as the heads
6. Third Reading - At this stage, only the title of the Senate and the House. They preside over
of the bill is read. Upon the last reading of a bill, sessions in the absence of the Senate President
no amendment thereto is allowed and the vote and House Speaker. On the other hand, the
thereon is taken immediately thereafter, and Floor Leaders (majority and minority) are the
yeas and nays entered in the journal. A member spokespersons of their respective parties. They
may abstain. As a rule, a majority of the usually lead the members of their parties in the
members constituting a quorum is sufficient to discussions of bills or resolutions. They also
pass a bill. decide the priority of bills to be discussed on
the floor since the majority floor leader usually
7. Referral to the Other House - If approved, given the chairmanship of the Committee on
the bill is then referred to the other House Rules. They steer the discussions and debates
where substantially the same procedure takes on the floor with an endview of promoting the
place. legislative agenda of their parties in both
Houses.
8. Submission to Joint Bicameral
Committee - Differences, if any, between the The Commission on Appointments consists of 12
House's bill and the Senate's amended version, Senators and 12 Congressmen.
and vice versa are submitted to a conference
committee of members of both Houses for The Senate, The Commission on Appointments,
compromise. If either House accepts the The Senate Electoral Tribunal, The House of
changes made by the other, no compromise is Representatives.