Legislative Branch of the Philippines: A Comprehensive Reviewer

The Legislative Branch in the Philippines is responsible for making laws. It is

composed of Congress, which has two chambers:
 The Senate (Upper House)
 The House of Representatives (Lower House)
The system is bicameral, as provided by the 1987 Constitution. It replaced the
unicameral Batasang Pambansa from the 1973 Constitution.

Key Points About Congress

1. The Senate (Upper House)
Composition: 24 senators elected nationwide (at-large voting).
Leadership: Led by a Senate President.
Term: 6 years, with a maximum of 2 consecutive terms.
After 2 terms, a senator must wait 6 years before running again.
Qualifications to be a Senator:
 Natural-born Filipino citizen.
 At least 35 years old on election day.
 Able to read and write.
 A registered voter.
 Resident of the Philippines for at least 2 years before the election.

2. The House of Representatives (Lower House)

Composition:
District Representatives: Elected by voters in specific geographic areas.
Party-List Representatives: Elected nationwide by political parties representing
marginalized sectors. They make up 20% of the House membership.
Term: 3 years, with a maximum of 3 consecutive terms.
After 3 terms, a representative must wait 3 years before running again.
Qualifications to be a Representative:
 Natural-born Filipino citizen.
 At least 25 years old on election day.
 Able to read and write.
 A registered voter of the district (not required for party-list representatives).
 Resident of the district for at least 1 year before the election.

Vacancies
If a senator or representative dies or becomes permanently incapacitated, a special
election is held to fill the vacancy. The replacement serves only the remaining term of
the predecessor.

Privileges and Prohibitions for Members of Congress

Privileges:
 Immunity from arrest: While Congress is in session, members cannot be arrested
for crimes punishable by less than 6 years in prison. This does not apply to
serious crimes.
 Freedom of speech and debate: Legislators cannot be questioned outside
Congress for statements made in connection with legislative duties.
Prohibitions:
 Conflict of Interest: Members cannot hold financial interests in government
contracts or franchises during their term.
 Dual Office: Members cannot hold other government positions without forfeiting
their congressional seat.
 Lawyers in Congress: Lawyer-legislators cannot personally appear in court or
administrative hearings while in office.

Discipline and Ethics

Congress can discipline its members for disorderly behavior:
Punishments: Suspension (up to 60 days) or expulsion (requires a two-thirds vote).
The Senate and House Ethics Committees handle cases involving misconduct.

Powers of Congress
Make laws for the country.
Determine their own rules of proceedings.
Approve salaries and compensation for legislators (with increases applying only after
the term ends).
Audit and transparency: Congress must disclose their financial records and
expenditures annually.

Legislators’ Term Limits

Term Consecutive Term Waiting Period Before Running
Position
Length Limit Again
Senator 6 years 2 terms 6 years
Representative 3 years 3 terms 3 years

Understanding Bicameralism
Bicameralism ensures checks and balances within the Legislative Branch:
Senate: Represents the entire country.
House of Representatives: Represents specific districts and sectors.

1. Legislative Powers
Legislative power is the authority to make laws. This includes creating new laws,
amending existing ones, and repealing laws that are no longer needed.
How a Bill Becomes a Law:
The process to make laws in the Philippines involves several steps:

Introduction of Bills:
A bill can be introduced in either the House of Representatives or the Senate. Some
bills, like those concerning the budget or taxes, must start in the House of
Representatives.
The bill must have one main subject, which should be clear in its title.

1. First Reading:
The bill is introduced in a plenary session, where its title, number, and the names of
the authors are read aloud.
Then, the bill is referred to the appropriate committee (a small group of lawmakers
who study the bill).
2. Committee Review:
The committee studies the bill and decides whether to approve it, suggest changes
(amendments), or reject it.
If approved, the bill is sent to the Committee on Rules, which decides if it should be
scheduled for further discussion.
3. Second Reading:
The bill is read in full on the floor of either the House or Senate.
Lawmakers debate and discuss the bill, and amendments can be made.
After debate, the bill is put to a vote. If passed, it moves to the third reading.
4. Third Reading:
No more changes or debates are allowed at this point.
Lawmakers vote on the bill. If passed, it moves to the other chamber (House or
Senate), where it undergoes the same process.

Bicameral Conference Committee: If both chambers pass different versions of the bill,
a conference committee (composed of lawmakers from both chambers) is formed to
resolve the differences.

5. Final Approval:
Once both chambers agree on the bill, it is sent to the President.
The President can either:
 Sign the bill into law.
 Veto the bill (reject it). If this happens, Congress can override the veto with a
two-thirds vote.
 If the President does not act on the bill within 30 days, it automatically becomes
law.

2. Non-Legislative Powers
Congress also has non-legislative powers, which do not directly involve making laws
but are still important functions.
Examples of Non-Legislative Powers:

 Canvassing Presidential Elections: Congress counts the votes and officially

declares the winner of presidential elections.

 Declaring War: Congress has the authority to declare war if needed.

 Treaties and Amnesties: Congress must approve or agree to international treaties

and grant amnesty (forgiving crimes) to individuals.

 Proposing Amendments: Congress can suggest changes to the Constitution, but

these must also be approved through a process involving the people or a
constitutional convention.

 Impeaching Officials: Congress has the power to remove certain government

officials (like the President or Supreme Court Justices) from office through
impeachment.

Implied Powers
In addition to these express powers listed in the Constitution, Congress also has
implied powers—powers that are not directly stated but are necessary to carry out its
legislative duties.
For example, Congress can punish individuals who refuse to cooperate with
investigations by charging them with contempt.

Summary of Key Points

 Legislative Power: Congress makes laws by introducing bills, debating them,
voting on them, and sending them to the President to be signed into law or
vetoed.

 Non-Legislative Power: Congress has other important roles, such as declaring

war, approving treaties, and impeaching officials.

 Implied Powers: Powers that Congress uses to carry out its constitutional duties,
like punishing people who refuse to testify in investigations.

1. Power of Legislative Investigation

Congress has the authority to investigate matters related to its legislative duties, as
provided in Section 21, Article VI of the Philippine Constitution. This power is
important because it helps Congress create better laws and ensures government
accountability.
Why Congress Investigates:
 To gather information for making laws.
 To check if government departments are working efficiently.
 To educate and inform the public on important issues.
Key Points:
 Congress can summon anyone, including government officials, to attend
investigations. If they refuse, they can be punished for contempt.
 Investigations don’t need to be tied to a specific bill. They only need to relate to a
broader issue Congress wants to explore.
 Congress also has a Question Hour (Section 22, Article VI), where it can require
heads of government departments to explain their actions. This ensures
government policies are implemented effectively.

2. Power of Appropriation

Congress controls the nation’s budget and ensures government funds are spent
properly. This is found in Section 25, Article VI of the Constitution.

Key Rules:
 Congress cannot increase the budget proposed by the President but can reduce it.
 Funds must only be used for public purposes and not for private interests.
 Certain officials (like the President or Chief Justice) can use savings from their
budgets to fund other items within their offices, but funds cannot be transferred
between branches of government without Congress' approval.

3. Power of Taxation
Congress alone decides on taxes, including what to tax, how to tax, and how much to
tax. The President can only act on taxes with Congress' approval (Section 28, Article
VI).
Key Principles of Taxation:
 Uniformity: Taxes must be the same for people or things in the same category.
 Equity: Taxes are based on the value of the property or income taxed.
 Progressiveness: Higher earners pay more taxes, ensuring fairness based on
ability to pay.

4. War Power

Only Congress can officially declare a state of war. This requires a two-thirds vote of
all members of both houses in a joint session (Section 23 (1), Article VI).

5. Power of Concurrence

Congress must approve:

 Amnesties granted by the President (pardoning certain offenses).
 Treaties and International Agreements negotiated by the President.
 Approval for treaties requires a two-thirds vote in the Senate (Section 21, Article
VI).
 This rule applies to all international agreements, even those labeled as "executive
agreements."

Simplified Summary of Congressional Powers

 Legislative Investigation: Congress investigates to create better laws, monitor
government work, and inform the public.
 Appropriation: Congress manages and approves the budget to ensure public funds
are used properly.
 Taxation: Congress decides on taxes, ensuring they are fair and suited to people’s
ability to pay.
 War Power: Congress declares war when necessary.
 Concurrence: Congress approves treaties, international agreements, and
presidential amnesties.

1. Impeachment Power (Article XI, Section 2, 3, & 7)

What is Impeachment?
Impeachment is a legal process to remove high-ranking public officials for serious
wrongdoing.

It ensures accountability for impeachable officers, which include:

 President
 Vice President
 Supreme Court Justices
 Members of Constitutional Commissions (e.g., COMELEC, COA, CSC)
 Ombudsman

Grounds for Impeachment

 Culpable Violation of the Constitution – Intentional and serious disregard of the
Constitution.
 Treason – Helping enemies of the Philippines during war.
 Bribery – Accepting or offering money/gifts for favors.
 High Crimes – Major offenses threatening government stability.
 Graft and Corruption – Dishonest practices like misuse of public funds.
 Betrayal of Public Trust – Catch-all category for abuses like favoritism,
negligence, or obstruction of justice.

How Does the Impeachment Process Work?

Initiation (House of Representatives)

A verified impeachment complaint can be filed by:

a) A House member, or
b) A citizen, endorsed by a House member.
The Committee on Justice checks if the complaint is valid and sufficient.

Approval (House Plenary)

If at least one-third of House members approve, the articles of impeachment are sent
directly to the Senate.

Trial (Senate)

The Senate acts as the court to hear the case.

If the President is on trial, the Chief Justice presides (but does not vote).
A two-thirds vote of all senators is needed for conviction.

Result of Conviction

The official is removed from office.

Conviction cannot be reviewed by courts or reversed by a presidential pardon.

2. Power to Amend or Revise the Constitution (Article XVII)

What Does This Power Do?
Congress can propose changes to the Constitution to address new issues or improve
governance.
Ways to Propose Changes:
 By Congress:
 Three-fourths vote of all members is required to propose amendments or
revisions.
 Constitutional Convention:
 Congress can call a convention with a two-thirds vote, or
 Congress can let the public decide through a referendum (majority vote).
Key Terms:
Amendment: Minor changes (e.g., adding or removing specific provisions).
Revision: Major overhaul or rewriting of the Constitution.
Ratification by Public
Changes must be approved by a majority vote in a national plebiscite, held 60–90
days after Congress’ approval.

3. The Legislative Process (Article VI, Section 26–27)

What is a Law?
A law is a rule passed by Congress to regulate behavior, solve problems, or protect
citizens.
How Are Laws Made?
Sponsorship; A bill is introduced in either the House or Senate by a legislator.

First Reading
The bill’s number and title are read aloud. It is then sent to the appropriate committee.

Committee Review
The committee decides if the bill should proceed. They may:
Approve the bill.
Combine it with similar bills.
Reject it (killing the bill).

Second Reading
The bill is debated, amended, and voted on. This is the most critical stage.

Printing and Distribution

If approved, the bill is finalized, printed, and distributed to members for review.

Third Reading
Members vote (yes or no). If approved, the bill moves to the other chamber.

Approval by Both Chambers

If both the House and the Senate approve, the bill goes to the President for signing.

President’s Action
The President can:
a) Sign the bill (it becomes law).
b) Veto the bill (send it back with objections).
c) Do nothing for 30 days (the bill becomes law automatically).

Quick Review
Power Key Features
Removes public officials for serious misconduct; initiated by the
Impeachment
House, trialed by the Senate (2/3 vote needed).
Amend the Congress or a constitutional convention proposes changes; ratified
Constitution by majority in a plebiscite.
A bill becomes law after passing three readings in both chambers
Legislative Process
and approval by the President.

Judicial Branch
1. Judicial Power
Judicial power is the authority of courts to:
 Resolve disputes over legal rights.
 Conduct judicial review, which allows them to check if the government abused its
power by exceeding or ignoring its authority.
This power is vested in:
 The Supreme Court (the highest court in the country).
 Lower courts established by law (e.g., Court of Appeals, Regional Trial Courts).

2. The Supreme Court

The Supreme Court is the highest judicial authority in the Philippines.
Composition:
 1 Chief Justice
 14 Associate Justices

How Are Justices Appointed?

 Appointed by the President from a list prepared by the Judicial and Bar Council
(JBC).
 No confirmation by Congress is required.
 Serve until they reach 70 years old or become unable to perform their duties.

3. Powers of the Supreme Court

Original Jurisdiction: (Directly hears these cases)
Cases involving ambassadors, public ministers, and consuls.
Petitions for:
 Certiorari – Correcting a lower court's error.
 Prohibition – Stopping illegal actions by a government entity.
 Mandamus – Ordering a government official to perform a duty.
 Quo Warranto – Questioning the legal right to hold office.
 Habeas Corpus – Releasing someone unlawfully detained.
Appellate Jurisdiction: (Reviews decisions of lower courts)
 Handles appeals on cases specified in the Constitution.
 Rule-Making Authority:
 Creates rules for court proceedings (e.g., pleadings, procedures).
 Sets requirements for lawyers to practice law.
 Administrative Supervision:
 Oversees all courts and their employees.

4. Fiscal Autonomy
The Judiciary is independent, especially in financial matters:
 Budget Protection: Congress cannot reduce its budget below the previous year's
allocation.
 Automatic Release: Once approved, the Judiciary’s funds are automatically
released.

5. Security of Tenure
Judges and justices:
 Cannot be removed from office unless they commit impeachable offenses.
 Are protected from reorganization that would affect their job security.
Key Takeaways
 The Judicial Branch ensures justice and checks the misuse of power through
judicial review.
 The Supreme Court is the final authority on legal matters, protecting the
Constitution and people's rights.
 The independence of the Judiciary is guaranteed through fiscal autonomy and job
security for its members.