Module 3 - Philippine Government in Focus: The Legislative

Module 3 Transcription ○ at least 25 years old on the

day of the election
OUTLINE
○ able to read and write
I. Who makes up the legislative ○ registered voter in the district
branch? which he shall be elected
II. How are they elected? ○ resident of the Philippines of
III. What can the legislative do? not less than a year
IV. How does the legislative work? ● Party-list system
V. What are the limits to their power? ○ Consists of registered
VI. What are the key issues in the national, regional, and
Philippines Legislative? sectoral parties or
organizations
Who makes up the legislative ○ The religious sector is an
exemption
branch?
THE SENATE
LEGISLATIVE COMMISSIONS
● 24 members
Both chambers are organized in either
● Qualifications
permanent committees or ad hoc
○ Natural born citizen of PH
committees.
○ at least 35 years old on the
● Permanent/Standing Committees- in
day of the election
charge of studying proposed laws
○ resident of the Philippines of
and conducting inquiries in aid of
not less than 2 years before
legislation (i.e Committee on Ways
the day of the election
and Means, Education, Health, etc.)
THE HOUSE OF REPRESENTATIVES
● ad hoc Committees- special
● Currently 304 members
committees created to investigate
○ 80% from each legislative
problems that fall outside the scope
districts (currently 243)
of standing committees
○ 20% of seats from the
Party-List System (currently
OFFICIALS OF CONGRESS
61)
● Senate President- presiding officer
● Qualifications
and executive of the Senate
○ Natural born citizen of PH
● Speaker of the House- presiding
officer and executive of the Senate

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Module 3 - Philippine Government in Focus: The Legislative

● Senate President/Speaker ● Elections are regularly held on

pro-tempore- presides over sessions second monday of May, unless
of the Congress where the Senate provided by law
President or Speaker of the House is
not present What can the legislative do?
Legislative Powers
How are they elected? ● the constitution vests lawmaking
THE SENATE power in the congress except for the
● Elected by all voters of the country following:
● term limits 1. Any law that abridges the freedom of
○ can only be elected up to 2 speech, expression, the press, the
terms only people to assemble peacefully and
○ voluntary renunciation of the petition the government for redress
office is not an interruption in of grievances
the senator's elected term 2. A law respecting an establishment of
THE HOUSE OF REPRESENTATIVES religion, prohibiting the free exercise
● 80% elected from each legislative of religion, and impairing the
districts obligation of contracts
○ province has at least one 3. An ex post facto law or a law the
representative imposes penalties on an offense that
○ city has one representative was not punishable at the time it was
for at least every 250,000 committed
● Reapportionment of legislative 4. A bill of attainder or a bill against a
districts occur every 3 years person that imposes penalties
following the return of every census without trial or heavy penalties
● elected for 3 years
○ may be reelected Executive Powers
○ shall not serve for more than ● Affirm or reject appointments
3 consecutive terms ○ Committee of Appointments
● Half of the 20% of the seats established consisting of the
dedicated to the party-list system are Senate President, 12
either elected or selected senators and 12 members of
the House of representatives.
● Setting budgets

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Module 3 - Philippine Government in Focus: The Legislative

○ both houses pass the 1. Proposal

General Appropriations Bill
● Individuals, interest groups,
annually
government agencies, the President,
● Inquiry in aid of legislation
and legislators themselves can
● Power to declare state of war
propose and suggest law
○ requires two-thirds vote from
● Both houses (Senate and House)
both houses in a joint
can file a bill with the
session
Secretary-General
● Affirm or revoke suspension of
habeas corpus o Bills are assigned numbers
● Grant amnesty to individuals
and labelled H.B. when filed
● Concur or reject treaties
in the House, or S.B. when
Judicial Powers
filed in the Senate
● Judge contests on elections through
Electoral Tribunals in both houses ● Bills- proposed legislation that pass
● Punish members of both houses for into law when approved by both
"disorderly behavior" houses and the President.
● Impeachment Powers
2. First Reading
○ Congress has power to
remove the President, Vice ● Reading of title/author(s) of the bill
President, Supreme Court and referral to appropriate
Justices, Ombudsman, committees.
member of constitutional
commision for high crimes or o “Every bill passed by the
betrayal of public trust Congress shall embrace only
Constituent Powers one subject which shall be
● Initiate amendments to the expressed in the title
constitution thereof.”
● Call for a constitutional convention
● Committee assigned conduct
committee discussions and may call
How does the legislative public hearings to gather information
work? and assess bills

THE LAW-MAKING PROCESS

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Module 3 - Philippine Government in Focus: The Legislative

o If bill is favorable, it is ○ If approved, bill transmitted

submitted to Committee of to the other house and
Rules for Calendar undergoes the same process
Scheduling ○ If rejected, transmitted to
archives
o If a bill is rejected, the bill
is sent to archives 4. Bicameral Conference
(suspended).
● Bicameral Conference Committee
3. Second Reading reconciles to resolve conflicting
provisions
Secretary-General reads the bill and opens ● Printing of final enrolled bill; signing
for the ff. to take place: of both Speaker of the House and
Senate President
● Period of Sponsorship and Debates
○ Committee chair sponsors 5. Presidential action
proposed bill together with
supporting cosponsors ● Approved
○ If a debate ensues, turns for ○ If approved, the bill
and against the bill shall be becomes law and takes
taken alternately effect 15 days after
● Period of Amendments publication in the Official
○ Amendments resulting from Gazette or in at least 2
debates and hearings are newspapers in general
accorded to the bill circulation.
● Voting ● Vetoed
○ If approved, bill scheduled ○ Bill returns to originating
for third reading house with veto message
○ If not approved, bill sent to from president; can be
archives overridden by two-thirds vote
from both houses
3. Third Reading ■ If it reaches two-thirds
vote, bill becomes law
● Bill distributed on its final form in the
and takes effect 15
house
days after publication
● Final Voting

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Module 3 - Philippine Government in Focus: The Legislative

in the Official Gazette What are the limits to their

or in at least two
newspapers in
power?
general circulation. FORMAL
● Procedural Requirements
■ If not, the veto is
○ Readings, Amendments,
accepted and the bill Votings, Calendar
is not passed Schedulings, etc.
● No action
SUBSTANTIVE
○ If no action is taken by the ● Implied Limitations
executive within 30 days of ○ Legislative cannot repeal
receipt, the bill lapses into laws (only reenacted,
amended or pass new law)
law
● Specific Limitations
○ Laws should abide by the
RESOLUTION constitution (i.e bill of rights,
motions coming from one or both houses of ⅔ vote to declare state of
Congress that take various forms: war)
● Simple Resolution
○ presented only from a single
house What are the key issues in the
○ internal rules that govern the
house (i.e. forming ad hoc
Philippine Legislature?
committess) ● Weak Parties, Factionalism
● Concurrent Resolution ○ Weakness of the institution of
○ originates from one house party systems lead to
but needs approval from the candidate-centered politics
other chamber instead of the initiation of
○ used for matters affecting programmatic policies
both houses and must be
passed in the same form (i.e ● Elite Composition
fix time of adjournment of ○ The legislative body is
Congress) composed of elites that root
● Joint Resolution back from the colonial times
○ similar to a bill, requires ○ Their position in the
approval of both houses and legislative protects their
the President economic interests and
○ has force and effect of law if increases the probability that
approved (i.e. emergency or the seat would be obtained
continuing appropriations bill, by a successor in the future
proposing amendments) ○ Political elites continue to
extend power through
generations in their families

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Module 3 - Philippine Government in Focus: The Legislative

● Hijacked Partylists
○ Different from ideal setup
○ Instead of representing the
marginalized sector, the
partylist system becomes
infiltrated by major parties

● Parties as Patronage Vehicles

○ Politicians at national level
(i.e President, senators) turn
to local politicians for support

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