Report!
December 7, 2009LEGISLATIVE POWER
The power of the government to legislate/formulate laws is vested in congress.It is the lawmaking body of the Republic of the Philippines and the laws which it will make will become part of the law of the land and will be legal and binding to all concerned.As stated in Article VI, Section 1 of the 1987 Constitution, the legislative power shall be vested in a bicameral or two-house Congress consisting of Senate and a House of Representative.
Art.VI Sec.1
The legislative power shall be vested in the congress of the Philippines which shall consists of Senate and a House of Representative, except to extent reserved to the people by the provision on initiative and referendum.
The new constitution introduces a new way making laws. Now, there are two ways by which laws can be made (Zaide, 1999; Organista and Rivera, 1999):
1.The Congress of the Philippines makes laws of the Republic.
2.The people may directly propose and enact laws or approve and reject them by means of initiative and referendum.
As presented in the New Constitution, the Philippines can no longer make laws through Presidential Decrees. This power was amended in the 1973 Constitution, and deleted in the 1986 Constitution.
ADVANTAGES OF A BICAMERAL CONGRESS
This are the following Bicameral Congress Advantages (Zaide, 1999):
1.Under the third Republic (1945-1972), the Philippines has a bicameral Congress.
2.A second chamber is essential in order to prevent hasty legislation.
3.With two houses, legislation cannot easily be controlled by selfish interests.
4.The Senate, whose members are elected at large, balances the narrow interest of the House of Representatives whose members come from districts and sectors.
5.The Senate, as an Upper House, would serve as a larger training ground for future leaders of the country.
THE SENATE
The Senate is the Upper House of wo-chamber Congress. The Composition of the Senate, and the qualifications and terms of office of senators are stated in Article VI, Section 2 and 3 of the Constitution, as follows:
Art.VI Sec.2 & 3
Sec.2.The Senate shall be composed of twenty - four senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.
Sec.3.No person shall be a senators unless he is a natural - born citizen of the Philippines, and, on the day of the election, is at least 35 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.
The term of office of the Senators are fixed as stated in Article VI, Section 4:
Art.VI Sec.4
The term of office and the Senators shall be six years and shall commence, unless otherwise provided by law, at noon in the thirtieth day of June next following their election. No senators shall serve more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not considered as an interruption in the continuity of this service of the full term of which he was elected in the 1992 elections, the first twelve senators who got the highest number of the votes served for six years and the remaining twelve for three years (Zaide, 1999).
THE HOUSE OF REPRESENTATIVES
Basically, the House of Representative is composed of representative from various districts and sectors in the country as indicated in Article VI, Section 5 of the Constitution.
Art.VI Sec.5(1&2)
Sec.5(1)the House of Representative shall be composed of not more than 250 members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities and the Metropolitan Manila area in accordance with the number of their respective inhabitants and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.
Sec.5(2)The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party-list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector.
Sec.5(3)Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representatives.
Sec.5(4)Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.
There are qualifications to being a Member of the House of representatives, and article VI, Section 6 of the Constitution states, thus:
Art.VI Sec.6
No person shall be a Member of the House of Representatives unless he is a natural - born citizen of the Philippines and, on the day of the election, is at least 25 years of ages, able to read and write, and except the party list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election.
The term of office of Members of the House of Representatives are fixed in Art. VI Sec.7 of the Constitution, as follows:
Art.VI Sec.7
the Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.
No Member of the House of Representatives 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.
Of Course, a representative can always take a rest in between to allow him to run again for a continuous term.
Congress As One Body
The Senate and the House of Representatives are district entities, their union is what comprises Congress. there are provisions in the Constitution which refer both to the Senate and House of Representatives as one body.
Election of Congress Members
Art.VI Sec.8 and 9 of the charter fixes the schedule of the elections for the Members of Congress, and provided for a process in case of vacancies.
(8)Unless otherwise provided by law, the regular election of the senators and the Members of the House of Representatives shall be held on the second Monday of May.
(9)In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of representatives thus elected shall serve only for the unexpired term.
Salary as Determined by Law
Because a public office is a public trust, Art.VI Sec.10 Of the Constitution has provided some guidelines on financial aspects of being a Members of Congress.
Art.VI Sec.10
The Salaries of Senators and Members of the House of Representatives shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase.
However, it is provided by Congress that the Senators and Members of the House of representatives shall each receive an annual salary of 204,000.00 pesos.
Congressional Privileges
Art.VI Sec.11 of the Charter has given members of Congress the privilege from arrest while the Congress is in Session.
Art.VI Sec.11
A Senator or Member of the House of Representatives shall, in all offences funishable by not more than six years imprisonment, be privileged from arrest while the Congress or in any committee thereof.
The speech or debate must refers to utterances made in the performance of duties as Members of Congress. Parliamentary immunity does protect a Member of Congress from responsibility before the legislative body itself when his words and conduct are considered by his peers disorderly or unbecoming (Nolledo, 1987).
Senators and congressmen are also mandated to disclose their financial and business interest as stated in Art.VI, Sec.12.
Art.VI Sec.12
All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filling of a proposed legislation of which they are authors.
This is filed under the statement of Assets and Liabilities (SAC) which is very important in determine whether a senator or a representative, or any public official for that matter, has enriched himself while in office.
Limitations of Members on Congress
This are found in Sec.13 and 14 of Art.VI of the Constitution.
Art.VI Sec.13 & 14
(13)No Senator or Member of the House of Representatives may hold any other office or employment in the Government or any subvision, agency, or instrumentality thereof, including government - owned or controlled corporations or their subsidiaries, during his term without for feiting his seat. Neither shall he be appointed to any office which may have been created or emoluments thereof increased during the term for which he was elected.
(14)No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies.Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subvision, agency or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit of where he may called upon to act on account of his office.
Article VI, Section 15 of the Constitution also sets the date for its regular session.
Art.VI Sec.15
The Congress shall convene one every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays and legal holidays. The President may call a special session at any time
Organization of Congress
Officer of Congress
As in any other organization, Congress is headed by certain officers which will be leading the policy-making body’s directions.
Art.VI Sec.16(1)
(1)The Senate shall elect its President and the House of Representatives, its Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it may deem necessary.
There are also other officers such as the Senate President Pro-Tempore the Deputy Speaker, and the chairpersons of the different Committees and Sub-Committees under each house, plus other officers.
RULE OF CONGRESS
Article VI, Section 16 these are rules on proceedings, suspensions and penalties for erring members, and adjournments.
Art.VI Sec.16 (2-5)
(2)A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn, from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide.
(3)Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and with the concurrence of two-thirds of all its Members, suspend or expel a member. A penalty of suspension, when imposed, shall not exceed sixty days.
(4)Each House shall keep a journal of its proceedings, and from time to time to publish the same, excepting such part as may, in its judgement, affect national security, the yeas and nays on any question shall, at the request of one-fifth of the Members, present, be entered in the journal.
Each House shall also keep a record of its proceedings
(5)Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
These rules are necessary to keep each group functioning.
THE ELECTORAL TRIBUNALS
To judge all undecided election contest which involve Members of congress, electoral tribunals are set up in each House of Congress as stated in article VI, Section 17.
Art.VI Sec.17
The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contest relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall composed of nine Members, three of whom shall be justices of the Supreme Court to be de-signated by the chief, justice, and the remaining six shall be members of the senate or the House of Representatives, as the portional representation from the political parties and the parties or organizations registered under the party-list system represented therein. the Senior justice in the Electoral Tribunal shall be its Chairman.
THE COMMISSION ON APPOINTMENTS
As a check to the appointing power of the President, the Charter has created the commission on appointments, composed of members of congress, whose duty is to confirm, approve or reject appointments made by the President of Republic. It is stated in Article VI, Section 18 as follows:
Art.VI Sec.18
There shall be a commission on appointments consisting of President of the Senate, as ex officio chairman, twelve Senators, and twelve Members of the House of representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The Chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The commission shall rule by a majority vote of all the members.
Appointment to a cabinet position, ambassadors, ministers and consuls officers of the Armed Forces from the ranks of colonel or navy captain above and other appointive officers are made through the consent of the commission on appointments.
A provision on the creation of the Commission on appointments and related schedule is also in place as mentioned in Art.VI Sec.19.
Art.VI Sec.19
The Electoral Tribunals and the commission on appointments shall be constituted within thirty days after the senate and the House of representatives shall have been organized with the election of the President and the Speaker. The commission on appointments shall meet only while the congress is in session, at the call of its chairman or a majority of all its members, to discharged such powers and functions as are herein conferred upon it.
Art.VI Sec.20
The records and books of accounts of the congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each member.
POWER OF CONGRESS
Exposition/Investigation of Matters of Public Interest
As given in Article VI, Section 21 of the constitution, Congress may investigate matters relating to public interest.
Art.VI Sec.21
The Senate or the House of Representatives or any of its respective committees may conduct inquires in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected.
Art.Vi Sec.22
The heads of departments may upon their own initiative, with the consent of the President or upon the request of either House, as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining to their departments. Writer questions shall be submitted to the President of the Senate or the speaker of the House of representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions but may cover matters related thereto. When the security of the state or the republic interest so requires and the President so state in writing, the appearance shall be conducted in executive session.
DECLARATION OF THE EXISTENCE OF WAR
Only Congress is given the power to declare a state of war. This is done to avoid entrusting of important decisions in the hands of one man. It is atated in Article Vi, Section 23.
Art.VI Sec.23
Sec.23.(1)The Congress by a vote of two-birds of both Housee in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war.
(2)In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner with drawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.
Approval of Appropriations
Article VI, Section 24 the Constitution has granted solely to Congress the power to approve all appropriations, including the annual government budget.
Art.VI Sec.24
All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills shall originate exclusively in the House of representatives, but the senate may propose or concur with amendments.
other appropriations provisions are as follows:
Art.VI Sec.25(1-7)
(1)The congress may not increase the appropriations recommended by the President for the operation of the government as specified in the budget. the form, content, and manner of preparation of the budget shall be prescribed by law.
(2)No provision or enactment shall be embraced in the general appropriations bill unles it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.
(3)The procedure in approving appropriations for the congress shall strictly follow the procedure for approving the appropriations for other departments and agencies.
(4)a special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National treasurer, or to be raised by a corresponding revenue proposal therein.
(5)No law shall be passed authorizing any transfer of appropriations; however the president, the president of the Senate, the speaker of the house of representatives, the chief justice of the supreme court, and the heads of constitutional commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in the other items of their respective appropriations.
(6)Discretionary funds appropriated for particular officials shall be distursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.
(7)If by the end of any fiscal year, the congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and remain in force and effect until the general appropriations bill is passed by the congress.
Passing of Other Bills
Congress has the power to pass all other bills allowed by the Constitution. the charter provides for a manner through which laws are to be passed, as follows:
Art.VI Sec.26(1&2)Sec.27(1&2)
Sec.26(1)every bill passed by the congress shall embrace only one subject which shall be expressed in the title thereof.
(2)no bill passed by either House shall become a law unless it has passed three readings on separate days and printed copies thereof in its final form have distributed to its members three days before its passage, except when the president certifies to the necessity of its immediate enactment to meet a public calamity or emergency. upon the last readings of a bill, no amendment there to shall be allowed and the vote there one shall be taken immediately thereafter, and the yeas and nays entered in the journal.
Sec.27(1)every bill passed by the congress shall, before it becomes a law, be presented to the president. if he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the house where it originated, which shall enter the objections at large in its journal and proceed to reconsider it. if, after such reconsideration, two thirds of all the members of such house shall agree to pass the bill it shall be sent, together with the objections, to the other house by which it shall likewise be reconsidered, and if approved by two-thirds of all the members of that house, it shall become a law. in all such cases, the votes of each house shall be determined by yeas and nays, and the names of the members voting for or against shall be entered in its journal. the president shall communicate his veto of any bill to the house where it originated within thirty days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it.
(2)the president shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.
All the bills may be passed by congress even if there is a president’s veto by a tho-thirds vote of all house members. this is stated in Article VI. Section 27.
Art.VI Sec.27
Congress is also tasked to systematize taxation.
Art.VI Sec.28(1-4)
(1)the rule of taxation shall be uniform and equitable. the congress shall evolve a progressive system of taxation.
(2)The congress may, by law authorize the president to fix within specified limits, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties of imposts within the framework of the national development program of the government.
(3)charitable institutions churches and parsonages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation.
(4)no law granting any tax exemption shall be passed without the concurrence of a majority of all the member of the congress.
Other Powers of Congress
congress has the legislative power, which is the power to create new laws, or arm existing ones.
The constitution has also given these other powers to congress:
(1)To propose amendments to the constitution or to call for a constitutional convention.
(2)to certify, authenticate and canvass votes for president and vice-president after presidential elections. in case of a tie, to decide the winner by a majority vote of all members of congress.
(3)to cancel or extend a martial law declaration by the president.
There are rules related to appropriations as mentioned in Article VI, Section 29 as follows(Nolledo, 1987)
Art.VI Sec.29(1-4)
(1)no money shall be paid out of the treasury except in pursuance of an appropriation made by law.
(2)no public money or property shall be appropriated, applied, paid, or employed directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, or other religious teacher, or dignitary as assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium
On the other hand, Article VI, Section 29 of the constitution, likewise, ordained congress to establish a progressive system of taxation.
Art.VI Sec.29
(3)all money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purposes for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the government.
the appellate jurisdiction of the supreme court is also guarded by Article VI, Section 30 of the charter.
Art.VI Sec.30
No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitutions without its advice and concurrence.
To maintain the republican character of government, Article VI, Section 31 of the constitution specifically prohibits title of royalty or nobility.
Art.VI Sec.31
No law granting a title of royalty or nobility shall be enacted.
Article VI, section 32 of the constitution also mandates congress to enact an implementing law or the system of initiative referer dum, where the people can directly propose amendments or revisions to the constitution.
Art.VI Sec.32
The congress shall as nearly as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law on part thereof passed by the congress or local legislative body after registration of a petition therefor signed by at least6 ten per centum of of the total number of registered voters, of which every legislative district must be voters thereof.
The constitution includes not only ordinances but resolution as appropriate subjects of a local initiative.
Black defines an act as an expression of will or or purpose, or it may denote something done as a legislature, including not merely judgement, resolves, awards, and determinations”.
