Grace Notes

THE LEGISLATIVE DEPARTMENT

The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum (Sect. 1, Art.6).

Powers that are non-legislature: 1. 2. 3. 4. 5. 6. Canvass of the presidential elections The declaration of the existence of a state of war The confirmation of amnesties Presidential appointments The amendment or revision of the Constitution Impeachment

The Senate
1. Composition
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 (Section 2).

Have a broader outlook of the problems of the country instead of being restricted by parochial viewpoints and narrow interests.

2. Qualifications
No person shall be a Senator unless he is a 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(Section 3).

Natural-born citizens are those citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority Day of Elections when the polls are opened and the votes are cast Residence The place where one habitually resides and to which, when he is absent, he has the intention of returning. A person cannot have two residences at the same time; acquisition of a new residence results in forfeiture of the Old. Any part of the Philippines in the case of the senate 3. Term The Philippine Political Law by Justice Isagani Cruz Page 1

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The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Senator shall serve for more than two 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 of which he was elected (Section 4, Art. 6). The Senators, Members of the House of Representatives, and the local officials first elected under this Constitution shall serve until noon of June 30, 1992. Of the Senators elected in the elections in 1992, the first twelve obtaining the highest number of votes shall serve for six years and the remaining twelve for three years (section 2, Article 18)

One-half of the membership is retained as the other half is replaced or reelected every three years. The continuity of the life of the Senate is intended to encourage the maintenance of Senate policies as well as guarantee that there will be experienced members who can help and train newcomers in the discharge of their duties. The senator can serve no more than 12 years. The House of Representatives

1. Composition
Article 6 Section 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty 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. (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.
(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 representative. (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.

A. The District Representatives The Philippine Political Law by Justice Isagani Cruz Page 2

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Elected directly and personally, from the territorial unit he is seeking to represent. 13 regions, 200 districts apportioned among the provinces, cities, and Metropolitan Manila in accordance with the number of their respective inhabitants and on the basis of a uniform and progressive ratio. The legislature shall see to it that each city with a population of at least two hundred fifty-thousand, and every province, shall have at least one representative The constitution is against 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).

B. The Party-list Representatives Chosen indirectly, through the party he represents, which the one is voted for by the electorate. Constitute 20% of the total membership of the body, including such representatives. Rule for selection is embodied in RA No. 7941 o Not later than 90 days before selection day, any political party, organization or coalition may file a verified petition through its president or secretary for its participation in the party-list system, attaching copy of its constitution, by laws, platform, and list of officers, and such other relevant information as may be required by the COMELEC. o Petition shall be published in at least2 newspapers, after due notice and hearing, be resolved within 15 days and in no case later than 60 days before the election. o Sectors: labor, peasant, fisher-folk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers and professionals. o Upon registration, the political group shall submit to the COMELEC not later than 45 days before the election at least 5 names from which its representatives may be chosen in case it obtains the required number of votes. o The name of the part-list of participants in the party-list system to be distributed by the COMELEC among all the precincts. o Only persons who have given their consent in writing may be named as party-list candidates and in one list only. o Persons who lost in the immediately preceding election are ineligible. o Every voter shall be entitled to 2 votes: The candidate for member of the HR The party he wants represented in the HR 2. Qualifications The Philippine Political Law by Justice Isagani Cruz Page 3

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A. HR- same with the Senate B. party-list Must be a bona fide member of the party he seeks to represent at at least ninety days before Election Day. Youth representative must not be more than 30 years old but may continue beyond that age until the end of his term. Residence must be in the district and is only one year immediately before the election o To ensure familiarity with the conditions and problems of the constituency sought to be represented and consequent efficiency and concern in the discharge of legislative duties on its behalf. 3. Term
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. Sexction 7.

PURPOSE: To synchronize elections, which in the case of the Senate are held at three-year intervals and in the case of the President and Vice-resident every six-year. The member of HR may not be re-elected any number of times. They are limited to e terms only or a total of nine consecutive years.

Election
2nd Monday of May 1987 1992 1995 ( entire membership of the HR and one-half of the Senate shall be up for election)
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 (Section 9, Article 6).

Salaries

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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 (Section 10, Article 6). 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. (Section 20, Article 6)

No prohibition against the receipt of allowances by the members of Congress, unlike the corresponding provision in the Commonwealth Constitution to the effect that the salary of the members of Congress should include per diems and other emoluments and allowances. There is implied permission to vote allowances in favor of its members

Parliamentary Immunities
A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment , be privileged from arrest while the Congress is in session. No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof (Section 11, Article 6).

1. Privilege from Arrest Intended to ensure representation of the constituents of the member of the Congress by preventing attempts to keep him from attending sessions. Covers civil and criminal offenses punishable by not more than 6 years imprisonment. (slight physical injuries) Session- the entire period from its initial convening until its final adjournment. 2. 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 statements with the usual evidence required in the court of justice He is given more leeway than the ordinary citizen in the ventilation of matters that ought to be divulged for the public good. 2 requirements: o The remarks must be made while the legislature or the legislative committee is functioning, that is, in session o That they must be made in connection with the discharge of official duties.

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He may be called to account for his remarks by his own colleagues in the Congress itself and when warranted, punished for disorderly behavior.

Conflict of Interest
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 filing of a proposed legislation of which they are authors (Section 12, Article 6).

PURPOSE: o ensure the probity and objectivity of the members of Congress o Potential for self-aggrandizement will be reduced and they will be prevented from using their financial positions for ulterior purposes.

Incompatible and Forbidden Offices

No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither, shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected. (Section 13, Article 6)

PURPOSE: To prevent him from owing loyalty to another branch of the government, to the detriment of the independence of the legislature and the doctrine of separation of powers. What is not allowed is the simultaneous holding of that office and the seat in the Congress. Any legislator may hold another office or employment in the government provided he forfeits, as a result, his position in the Congress.

EXCEPTION: Membership in the Electoral Tribunals is permitted by the Constitution itself An extension of the legislative position or is in aid of legislative duties, the holding thereof will not result in the loss of the legislators seat in the Congress. Ex officio members in the U.P. Board of Regents Treaty negotiators under the President of the Philippines *He cannot be appointed to any office created during his term. Purpose: to prevent trafficking in public office. This provision is not applicable to elective offices. Page 6

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Grace Notes Inhibitions and Disqualifications

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 quasijudicial 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 subdivision, 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 or where he may be called upon to act on account of his office (Section 14, Article 6).

No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice . PURPOSE: to prevent the legislator from exerting undue influence, deliberately or not, upon the body where he is appearing. The lawyer-legislator may still engage in the practice of his profession except that when it comes to trials and hearings before the bodies above-mentioned, appearance may be made not by him but by some other member of his law office. Legislators are prohibited from being financially interested in any contract with the governmentPURPOSE: to prevent abuses from being committed by the members of the Congress to the prejudice of the public welfare and particularly of legitimate contractors with the government who otherwise might be placed at a disadvantageous position vis--vis the legislator.

Sessions
The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine 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 (Section 15, Art.6).

This provision was amended to enable the legislators to meet for such number of days as they might determine.

Section 16 (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.

Officers

The president of the Senate and the Speaker of the House of Representatives do not have a fixed term and may be replaced at any time at the pleasure of a majority of all the members of their respective chambers.

Quorum

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(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.

Quorum- defined as any number sufficient to transact business, which may be less than the majority of the membership. But in our Constitution, it is required that the quorum be a majority of each House.

Discipline of Members
(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.

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

Adjournment
(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.

The Electoral Tribunals

Section 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional 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

Section 18. There shall be a Commission on Appointments consisting of the 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.

Organization

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Section 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 discharge such powers and functions as are herein conferred upon it.

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