- Important modification in the Congress under the 1987 constitution: Initiative and referendum
(Sec. 1); Party-List system of representative
- Powers of a Non-legislative Nature: (1) canvass of the presidential elections, (2) declaration of
the existence of a state of war, (3) confirmation of amnesties, (4) presidential appointments, (5)
amendment or revision of the Constitution, (6) impeachment
THE SENATE
- Section 2: 24 Senators elected at large by the qualified voters of the Philippines
o Qualifications: (Section 3) natural-born citizen of the Philippines, and, on the day of the
election, is at least thirty-five years of age, able to read and write, a registered voter,
and a resident of the Philippines for not less than two years immediately preceding
the day of the election
Art IV, Section 2 Natural-born citizens are those who are citizens of the
Philippines from birth without having to perform any act to acquire or perfect
their Philippine Citizenship. Those who elect Philippine citizenship in accordance
with par 3 sec 1 hereof shall be deemed natural-born citizens.
Residence is defined as the place where one habitually resides and to which,
when he is absent, he has the intention of returning.
Domicile or Legal Residence (animus manendi) – the place where a
party actually or constructively has his permanent home where he no
matter where he may be found at any given time, eventually intends to
return and remain
Rules in considering one’s domicile
o that a man must have a residence or domicile somewhere
o when once established it remains until a new one is acquired
o a man can have but one residence or domicile at a time
Reason for Residence Requirement: To prevent strangers or
newcomers unacquainted with the conditions and needs of a
community from seeking elective offices in that community
Qualifications are continuing requirements, that is, they must be possessed for
the entire duration of the member’s incumbency.
o Term: (Section 4 & Art. 18 sec 2) – 6 years and shall commence on the 30th day of June
following their election. No senator shall serve for more than two consecutive terms.
Voluntary renunciation shall not be considered as an interruption in the continuity of
his service for the full term for which he was elected.
Beginning 1995, 12 senators were elected every three years, to serve the full
terms of six years. It is for this reason that the Senate has been described as a
continuing institution, “as it is not dissolved as an entity with each national
election or change in the composition of its members.
All pending matters and proceedings (unpassed bills and legislative
investigations) of the Senate of a particular Congress are considered terminated
upon the expiration of that Congress and it is merely optional on the Senate of
the succeeding Congress to take up such unfinished matters, not in the same
status, but as if presented for the first time.
THE HOUSE OF REPRESENTATIVES (section 5)
- Composition: District Representatives & the Party-List Representatives
District Representatives Party-List Representatives
- Elected directly and personally from - Chosen indirectly through the party he
the territorial unit he is seeking to represents, which is the one voted for
represent by the electorate
- Not more than 250 members unless - Constitute 20% of the total
otherwise fixed by law membership of the HOR
QUALIFICATIONS (Section 6)
- Natural-born citizen - Natural-born citizen
- On the day of the election is at least 25 - On the day of the election is at least 25
years of age years of age
- Able to read and write - Able to read and write
- A registered voter in the district in - Resident of the Philippines for a period
which he shall be elected of not less than one year immediately
- Resident thereof for a period of not preceding the day of the election
less than one year immediately - Must be a bona fide member of the
preceding the day of the election party he seeks to represent at least 90
days before election day (one must
either belong to the sector represented
or have a track record of advocacy for
such sector)
- Youth representative must not be more
than 30 y/o
TERM (Section 7)
- Members of HOR shall be elected for a term of three years which shall begin at noon on
the 30th day of June next following their election
- No member of the HOR shall serve for more than three consecutive terms
- Voluntary renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected
- -
- -
- The District Representatives
o Apportionment shall be subject to adjustment by Congress within three years after the
return of every enumeration to make the representation of the entire nation as
equitable as possible.
each city with a population of at least 250,000 and every province shall have at
least one representative
Gerrymandering – the arrangement of districts in such a way as to favor the
election of preferred candidates through the inclusion therein only of those
areas where they expect to win, regardless of the resultant shape of such
districts; an apportionment of representative districts so contrived as to give
an unfair advantage to the party in power.
Compact means solid; contiguous, in physical contact; and adjacent, close by or
near
- The Party-List Representatives
o RA No. 7941 (rules for the selection of the party-list representatives)
Sec. 2 proportional representation in the election of representatives to the HOR
through a party-list system of registered national, regional and sectoral parties
or organizations or coalitions thereof, which will enable Filipino citizens
belonging to the marginalized and underrepresented sectors, organizations and
parties, and who lack well-defined political constituencies but who could
contribute to the formulation and enactment of appropriate legislation that will
benefit the nation as a whole, to become members of the HOR
Sec. 5 provides 3 different groups of party-list namely (1) national parties or
organizations, (2) regional parties or organizations, (3) sectoral parties or
organizations (p. 206 cruz)
Disqualified parties: (1) religious sects, (2) those which advocate violence or
unlawful means to seek their goal, (3) foreign parties, (4) parties which receive
support from any foreign government or foreign political party, (5) those which
violate or fail to comply with laws, rules or regulations relating to election laws,
(6) those which declare untruthful statements in their petitions, (7) those which
have ceased to exist for at least one year, (8) and those who failed to participate
in the last two preceding elections
Marginalized and under-represented Sectors: labor, peasant, fisherfolk, urban
poor, indigenous cultural communities, elderly, handicapped, women, youth,
veterans, overseas workers, and professionals.
not exclusive, the crucial element is not whether a sector is specifically
enumerated, but whether a particular organization complies with the
requirements of the Constitution and RA 7941. It is enough that their
principal advocacy pertains to the special interests and concerns of their
sector
PARLIAMENTARY IMMUNITIES
- Sec. 11 Senate and HOR shall, in all offenses punishable by not more than 6 years
imprisonment, be privileged from arrest while the Congress is in session. No Member shall be
questioned nor he held liable in any other place for any speech or debate in the Congress or in
any committee thereof.
- Two kinds of immunities: immunity from arrest (intended to ensure representation of the
constituents of the member of the Congress by preventing attempts to keep him from attending
to its sessions) and the privilege of speech and debate (enables the legislator to express views
bearing upon the public interest without fear of accountability outside the halls of the
legislature for his inability to support his statements with the usual evidence required in the
court of justice.
- Privilege from arrest, freedom of speech
