DUMAUG_ARTICLE

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Principle of SEPARATION OF POWERSPrinciple of SEPARATION OF POWERS

- each government branch is not permitted to - each government branch is not permitted to encroach upon the powers confided to others. encroach upon the powers confided to others. Arbitrary rule would result if the same body is to Arbitrary rule would result if the same body is to exercise all the powers of the government. exercise all the powers of the government.

Principle of CHECKS AND BALANCESPrinciple of CHECKS AND BALANCES- authorizing a considerable amount of - authorizing a considerable amount of encroachment or checking by one branch in the encroachment or checking by one branch in the affairs of the others. Each branch is given certain affairs of the others. Each branch is given certain powers with which to check the others.powers with which to check the others.

Pres.may disapprove bills enacted by CongressPres.may disapprove bills enacted by Congress Congress may reject appointments by the Pres.Congress may reject appointments by the Pres. Judiciary may declare unconstitutional laws Judiciary may declare unconstitutional laws

enacted by the Congress enacted by the Congress

OverviewCongress: the Legislative Branch of government in the Philippines

Purpose, functions and structure of Congress

Constitutional mandates with respect to Congress

The Legislative BranchFrom the Latin lex, legis meaning lawThe legislative branch broadly deals with the making, deliberation over, enactment, amendment and repealing of laws

Basic StructuresThere are two basic structures for legislative

branches of government:

1. UnicameralThe legislative branch consists of one chamber/house

2. BicameralLegislative power is vested in two chambers/houses

The Philippine CongressThe Philippine Congress is the country’s legislative department (Art. VI, Sec. 1)

Congress is bicameralUpper House: SenateLower House: House of Representatives

N.B.: Senators are Congressmen

Supreme Court ruling on E.O. 464Supreme Court ruling on E.O. 464

Congress undoubtedly has a right to information from the Congress undoubtedly has a right to information from the executive branch whenever it is sought in aid of legislation. executive branch whenever it is sought in aid of legislation. If the executive branch withholds such If the executive branch withholds such informationinformation on the on the ground that it is ground that it is privilegedprivileged, it must so assert it and state the , it must so assert it and state the reason therefor and why it must be respected.reason therefor and why it must be respected.

The infirm provisions of E.O. 464, however, allow the The infirm provisions of E.O. 464, however, allow the executive branch to evade congressional requests for executive branch to evade congressional requests for information without need of clearly asserting a right to do information without need of clearly asserting a right to do so and/or proffering its reasons therefor. By the mere so and/or proffering its reasons therefor. By the mere expedient of invoking said provisions, the power of expedient of invoking said provisions, the power of Congress to conduct inquiries in aid of legislation is Congress to conduct inquiries in aid of legislation is frustrated. That is impermissible.frustrated. That is impermissible.

Executive privilege covers all Executive privilege covers all confidential or classified information confidential or classified information between the President and the public between the President and the public officers, including:officers, including:

Military, diplomatic and other national security Military, diplomatic and other national security matters which in the interest of national security matters which in the interest of national security should not be divulged should not be divulged

Information between inter-government agencies prior Information between inter-government agencies prior to the conclusion of treaties and executive agreements to the conclusion of treaties and executive agreements

Discussion in close-door Cabinet meetings Discussion in close-door Cabinet meetings Matters affecting national security and public orderMatters affecting national security and public order

ARTICLE VIARTICLE VI

Legislative Legislative DepartmentDepartment

Legislative PowerLegislative Power

- power to make laws, and subsequently, to - power to make laws, and subsequently, to alter and repeal themalter and repeal them

SECTION 1.

The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives ….

SECTION 3.SECTION 3.No person shall be a No person shall be a SenatorSenator unless he is unless he is a natural-born citizen of the Philippines, a natural-born citizen of the Philippines, and, on the day of the election, is at least and, on the day of the election, is at least thirty-five years of age, able to read and thirty-five years of age, able to read and write, a registered voter, and a resident write, a registered voter, and a resident of the Philippines for not less than two of the Philippines for not less than two years immediately preceding the day of years immediately preceding the day of the election.the election.

SECTION 4.SECTION 4.

The The term of officeterm of office of the Senators shall be of the Senators shall be six yearssix years … …

No Senator shall serve for more than No Senator shall serve for more than two two consecutive termsconsecutive terms. Voluntary renunciation . Voluntary renunciation of the office for any length of time shall not of the office for any length of time shall not be considered as an interruption in the be considered as an interruption in the continuity of his service for the full term for continuity of his service for the full term for which he was elected.which he was elected.

Year Kind of ElectionNo. of

Senators Elected

Term of Office

Year End of Term

1992Presidential Elections (1st

Election after enactment of 1987 Constitution)

12 6 1998

12 3 1995

1995 Midterm Elections 12 6 20011998 Presidential Elections 12 6 2004

2001 Midterm Elections12 6 20071 3 2004

2004 Presidential Elections 12 6 20102007 Midterm Elections 12 6 20132010 Presidential Elections 12 6 20162013 Midterm Elections 12 6 20192016 Presidential Elections 12 6 20222019 Midterm Elections 12 6 2025

SECTION 5.SECTION 5.(1) The (1) The House of RepresentativesHouse of Representatives shall shall

be composed of be composed of not more than two not more than two hundred and fifty membershundred and fifty members… who shall be … who shall be elected from legislative districts …elected from legislative districts …

(2)(2) The party-list representatives The party-list representatives shall constitute twenty per centum of the shall constitute twenty per centum of the total number of representatives …labor, total number of representatives …labor, peasant, urban poor, indigenous cultural peasant, urban poor, indigenous cultural communities, women, youth, and such communities, women, youth, and such other sectors as may be provided by law.. other sectors as may be provided by law..

1.) District Representative – elected directly and personally from the territorial unit he is seeking to represent.

2.) Party-list Representative – chosen indirectly, through the party he represents, which is the one voted for by the electorate. This is to give an opportunity to weak sectors to have their voices heard.

SECTION 6.SECTION 6.No person shall be a No person shall be a Member of the House Member of the House of Representativesof Representatives unless he is a natural- unless he is a natural-born citizen of the Philippines and, on the born citizen of the Philippines and, on the day of the election, is at least twenty-five day of the election, is at least twenty-five years of age, able to read and write, and, years of age, able to read and write, and, except the party-list representatives, a except the party-list representatives, a registered voter in the district in which he registered voter in the district in which he shall be elected, and a resident thereof for shall be elected, and a resident thereof for a period of not less than one year a period of not less than one year immediately preceding the day of the immediately preceding the day of the electionelection..

SECTION 7.SECTION 7.The Members of the The Members of the House of House of RepresentativesRepresentatives shall be elected for a shall be elected for a term term of three yearsof three years … …

No member of the House of No member of the House of Representatives shall serve for more than Representatives shall serve for more than three consecutive termsthree consecutive terms……

SenateComposition

Qualifications

Term of Office

24 Senators elected at largeNatural-born citizenAt least 35 years old on election dayLiterate (can read and write)Registered voterPhilippine resident for 2 years prior to election day6 years Maximum: 2 terms

House of Representatives200 district reps, 50 party listNatural-born citizenAt least 25 years old on election dayLiterate (can read and write)Registered voter of the districtDistrict resident for 1 year prior to election day3 years Maximum: 3 terms

Composition

Qualifications

Term of Office

In Case of Vacancy…Vacancy can be filled through regular election

Special elections can be called for the purpose of filling the vacancy

In either circumstance, the one elected merely sits for the unexpired term

SECTION 11.SECTION 11.A Senator or Member of the House of A Senator or Member of the House of Representatives shall, in all offenses Representatives shall, in all offenses punishable by not more than six years punishable by not more than six years imprisonment, be privileged imprisonment, be privileged from arrestfrom arrest while the Congress is in session. No while the Congress is in session. No Member shall be questioned nor be held Member shall be questioned nor be held liable in any other place for any liable in any other place for any speech or speech or debatedebate in the Congress or in any in the Congress or in any committee thereof.committee thereof.

FREEDOM from ARREST

offenses punishable by not more than six years imprisonment

while Congress is in sessionFREEDOM of SPEECH and DEBATE

remarks must be made in connection with the discharge of official duties.

while Congress is in session

Reason for the congressional Reason for the congressional privileges…privileges…To enable members of Congress to discharge To enable members of Congress to discharge

their functions adequately and without fear. It their functions adequately and without fear. It is true that the privileges may be abused. is true that the privileges may be abused. However, the harm which would come from its However, the harm which would come from its abuse is considered slight compared to that abuse is considered slight compared to that which might arise if the privileges were not which might arise if the privileges were not given.given.

SECTION 12.SECTION 12.All Members of the Senate and the House All Members of the Senate and the House of Representatives shall, upon assumption of Representatives shall, upon assumption of office, make of office, make a full disclosure of their a full disclosure of their financial and business interestsfinancial and business interests… They … They shall notify the House concerned of a shall notify the House concerned of a potential conflict of interest that may potential conflict of interest that may arise from the filing of a proposed arise from the filing of a proposed legislation of which they are authorslegislation of which they are authors..

SECTION 13.SECTION 13.

No Senator or Member of the House of No Senator or Member of the House of Representatives may hold any other office Representatives may hold any other office or employment in the Government…or employment in the Government…during his term without forfeiting his during his term without forfeiting his seat. Neither shall he be appointed to any seat. Neither shall he be appointed to any office which may have been created or office which may have been created or the emoluments thereof increased during the emoluments thereof increased during the term for which he was elected.the term for which he was elected.

INCOMPATIBLE OFFICEINCOMPATIBLE OFFICEOffice which mat not be held by a member Office which mat not be held by a member

of a Congress outside the legislative department. of a Congress outside the legislative department. There is a need for members to devote their time There is a need for members to devote their time and attention to the discharge of their legislative and attention to the discharge of their legislative responsibilities.responsibilities.

FORBIDDEN OFFICEFORBIDDEN OFFICEOffice which a member of a Congress may Office which a member of a Congress may

not be a beneficiary by reason of being a not be a beneficiary by reason of being a participant when said office was created. Hence, participant when said office was created. Hence, a member of Congress shall not be eligible for a member of Congress shall not be eligible for appointment to such office even if he resigns.appointment to such office even if he resigns.

SECTION 15.SECTION 15.The Congress shall convene once every year The Congress shall convene once every year on the fourth Monday of July for its on the fourth Monday of July for its regular sessionregular session, …and shall continue to be in , …and shall continue to be in session for such number of days as it may session for such number of days as it may determine until thirty days before the determine until thirty days before the opening of its next regular session, exclusive opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. of Saturdays, Sundays, and legal holidays. The President may call a The President may call a special sessionspecial session at at any time.any time.

SECTION 16.SECTION 16.

(1) The (1) The SenateSenate shall elect its shall elect its PresidentPresident and and the the House of RepresentativesHouse of Representatives its its SpeakerSpeaker, , by a majority vote of all its respective by a majority vote of all its respective Members.Members.

(2) A majority of each House shall constitute (2) A majority of each House shall constitute a a quorumquorum to do business… to do business…

(3) Each House may determine the (3) Each House may determine the rules of its rules of its proceedingsproceedings, punish its Members for , punish its Members for disorderly behavior, and, with the disorderly behavior, and, with the concurrence of two-thirds of all its concurrence of two-thirds of all its Members, suspend or expel a Member. A Members, suspend or expel a Member. A penalty of suspension, when imposed, shall penalty of suspension, when imposed, shall not exceed sixty days.not exceed sixty days.

(4) Each House shall keep a (4) Each House shall keep a JournalJournal of its of its proceedings, and from time to time publish proceedings, and from time to time publish the same, excepting such parts as may, in the same, excepting such parts as may, in its judgment, affect national security…its judgment, affect national security…

QUORUMQUORUM- a number of membership which is competent to - a number of membership which is competent to

transact its business; is at least one-half plus one transact its business; is at least one-half plus one of the members of a body. of the members of a body.

LEGISATIVE JOURNALLEGISATIVE JOURNAL- the official record of what is done and passed in a - the official record of what is done and passed in a

legislative assembly and the proceedings legislative assembly and the proceedings occurred from day to day.occurred from day to day.

SECTION 17.SECTION 17.

The Senate and the House of The Senate and the House of Representatives shall each have an Representatives shall each have an Electoral TribunalElectoral Tribunal which shall be the sole which shall be the sole judge of all contests relating to the judge of all contests relating to the election, returns, and qualifications of election, returns, and qualifications of their respective Members… their respective Members…

SECTION 18.SECTION 18.

There shall be a There shall be a Commission on Commission on AppointmentsAppointments… shall act on all … shall act on all appointments submitted to it…appointments submitted to it…

SENATE

SENATE ELECTORAL TRIBUNAL

HOUSE OF REPRESENTATIVES

HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNALPHILIPPINE CONGRESS

COMMISSION ON APPOINTMENTS

SECTION 21.SECTION 21.The Senate or the House of The Senate or the House of Representatives or any of its respective Representatives or any of its respective committees may conduct committees may conduct inquiries in aid inquiries in aid of legislationof legislation in accordance with its duly in accordance with its duly published rules of procedure. The rights published rules of procedure. The rights of persons appearing in or affected by of persons appearing in or affected by such inquiries shall be respected.such inquiries shall be respected.

SECTION 26.SECTION 26.No No billbill passed by either House passed by either House shall become shall become a lawa law unless it has passed unless it has passed three readingsthree readings on on separate days, and printed copies thereof in separate days, and printed copies thereof in its final form have been distributed to its its final form have been distributed to its Members three days before its passage… Members three days before its passage… Upon the last reading of a bill, no Upon the last reading of a bill, no amendment thereto shall be allowed, and amendment thereto shall be allowed, and the vote thereon shall be taken immediately the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in thereafter, and the yeas and nays entered in the Journal.the Journal.

Steps in the Passage of a Steps in the Passage of a BillBill

First ReadingFirst Reading- reading of the number, title of the measure - reading of the number, title of the measure and name of the authorand name of the author

Second ReadingSecond Reading- the bill is read in its entirety, scrutinized , - the bill is read in its entirety, scrutinized , debated upon and amended when desireddebated upon and amended when desired

Third ReadingThird Reading- members merely register their votes and - members merely register their votes and explain them. No further debate is allowed.explain them. No further debate is allowed.

SECTION 27.SECTION 27. Every bill passed by the Congress shall, before it Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he becomes a law, be presented to the President. If he approves the same, he shall sign it; otherwise, he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections shall veto it and return the same with his objections to the House where it originated, which shall enter to the House where it originated, which shall enter the objections at large in its Journal and proceed to the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass of all the Members of such House shall agree to pass the bill, it shall be sent…to the other House by which the bill, it shall be sent…to the other House by which it shall likewise be reconsidered, and if approved by it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall two-thirds of all the Members of that House, it shall become a law… The President shall communicate his become a law… The President shall communicate his veto of any bill to the House where it originated veto of any bill to the House where it originated within thirty days after the date of receipt thereof; within thirty days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it.otherwise, it shall become a law as if he had signed it.

3 ways when a bill may 3 ways when a bill may become a lawbecome a law

1.) When the President approves the bill by 1.) When the President approves the bill by signing it.signing it.

2.) When the President vetoes the bill and 2.) When the President vetoes the bill and the same is overriden by 2/3 votes of all the same is overriden by 2/3 votes of all the members of both Houses.the members of both Houses.

3.) When the President does not 3.) When the President does not communicate his veto within 30 days communicate his veto within 30 days after the date of receipt.after the date of receipt.

Structure and DynamicsSenate President and House Speaker elected by majority voteOther officers, procedures and the discipline of its members is at the discretion of each houseQuorum: MajorityEach House maintains a journal and record of proceedingsNeither House can adjourn without the other’s consent while in session

Powers of Congress1. Appointment of Public Officials2. Legislative inquiry and investigation3. Declare the existence of a state of war4. Ratify the country’s international

treaties (Senate)5. Authorize limited emergency powers

for the President

Powers of Congress6. Approve the government budget7. Undertake projects under the CDF8. Propose, review, and adopt bills for

enactment into law9. Overturn a Presidential veto with respect to

proposed legislation10. Allow for referenda11. Propose amendments to the constitution

and call for a constitutional convention

Legislative LimitationsCongress may not:1. Increase appropriations recommended by the

executive branch2. Pass tax exemptions without the concurrence

of a majority of its members3. Grant titles of nobility4. Pass ex post facto bills5. Pass bills of attainder