LEGISLATIVE POWER authority to make laws or to alter or repeal Bicameral: Senate & House of Representatives o Allows for a body

with a national perspective to check the parochial tendency of representatives elected by district o Allows for a more careful study of legislation o Makes the legislature less susceptible to control by executive o Serves as training ground for national leaders KINDS OF LEGISLATIVE POWER 1. Original possessed by the sovereign people 2. Derivative one which has been delegated by the sovereign people to legislative bodies and is subordinate to original 3. Constituent power to amend or revise the constitution 4. Ordinary power to pass ordinary laws LIMITS ON LEGISLATIVE POWER 1. Substantive curtail the contents of law 2. Procedural curtail the manner of passing laws Delegation to admin bodies What is being delegated to admin bodies is not legislative power but rule-making power or law execution Allowed to fill-up details of an already complete statute or ascertain facts of an already contingent law into actual operation Section 2: The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines. Section 3: 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. QUALIFICATION OF A SENATOR 1. Natural-born citizen of the Philippines 2. On the day of the election, is at least 35 years old 3. Able to read and write 4. Registered voter 5. Resident of the Philippines for not less than two years immediately preceding the day of election Who is a natural-born citizen? -Those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their citizenship Residence the place where one habitually resides, and to which, when he is absent, he has the intention of returning

Person cannot have two residences at the same time. Section 4: 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 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. Composition: Not more than 250 members, unless otherwise fixed by law Party-list: 20% of the total number of representatives including those under the party-list Legislative district: Contiguous, compact and adjacent territory; one representative for city with at least 250, 000 and each province is entitled to at least one representative regardless of the population. Guidelines for party-list representation: 1. Parties or organizations must represent the marginalized and underrepresented (RA 7941) 2. Political parties who wish to participate must comply with this policy

3. 4. 5.

6. 7.

Religious sector may not be represented. Party/organization must not be disqualified. The party or organization must not be an adjunct of or a project organized or an entity funded or assisted by the government. Its nominees must likewise comply with the requirements of law. Nominee must likewise be able to contribute to the formulation and enactment of legislation that will benefit the nation.

2.

the legislative intent behind the law has been sufficiently served. Contention: Addition of another legislative district needs a general apportionment law, not a special law and Makatis population stands at only 450,000. Ruling: In the case of Tobias v. Abalos, reapportionment of legislature districts may be made through a special law, such as a new charter. Constitutional requirement is that a city with at least 250, 000 shall have at least one representative.

Qualifications of a party-list nominee: 1. Natural-born citizen 2. A registered voter 3. A resident of the Philippines for a period of not less than one year immediately preceding the day of election 4. Able to read and write 5. A bona fide member of party/organization which he seeks to represent for at least 90 days preceding the day of election 6. At least 25 years of age *in case of youth sector, at least 25 but not more than 30 LIMITATIONS: 1. Must garner/obtain at least two percent of the total votes cast for the party-list system 2. Those who garner more than this percentage shall be given additional seats in proportion to this number. 3. None of them shall have more than 3 seats. Cases: Tobias vs. Abalos 1. Contention: Sec 5(1) mandates that there must be 250 representatives Ruling: unless otherwise provided 2. Contention: Pre-empts the right of congress to reapportion legislative districts Ruling: Congress itself deliberated upon it and enacted RA 7675 Mariano Jr. vs. COMELEC 1. Contention: RA 7854 did not properly identify the land area or territorial jurisdiction by metes and bounds. Ruling: Boundaries must be clear for they define the limits of the territorial jurisdiction of a local government unit. Any uncertainty in the boundaries will sow costly conflicts in the exercise of governmental powers which ultimately will prejudice the peoples welfare. However, the description provided under the law cannot be any clearer for it merely provides for its present territory. Solicitor General: so long as the territorial jurisdiction of a city may be reasonably ascertained by referring to common boundaries with neighboring municipalities, it may be concluded that

Montyo vs. COMELEC 1. Contention: Transfer of municipalities from one district to another by virtue of a resolution issued by COMELEC Ruling: The COMELEC committed grave abuse of discretion amounting to lack of jurisdiction because COMELEC was not given the authority to transfer municipalities from one legislative district to another. The power granted to COMELEC is to adjust the number of members minor adjustment of the reapportionment made by the commission Veterans Federation Party vs. COMELEC Comelec held, in a resolution, that at all times, the total number of congressional seats must be filled up but it ignored the 2% threshold requirement of RA 7941. 1. Contention: Is the 20% requirement set by the Constitution mandatory (must be filled up) or is it merely a ceiling? Ruling: Section 5(2) is not mandatory. 2. Contention: The 2% requirement is unconstitutional because it will mean the concentration of representation of party, sectoral or group interests in the HOR and will not serve the essence and object of the constitution and the legislature, which is to develop and guarantee a full, free, and open party system in order to attain the broadest possible representation. Ruling: Under a republican or representative state, all government entity emanates from the people, but is exercised by representatives chosen by them. But to have meaningful representation, the elected persons must have the mandate of a sufficient number of people. 3. Contention: Three seat limitation a. Per two percent increment o Violates equality of representation b. Niemeyer Formula (remaining seats x #of votes obtained by A)/(all votes of qualified parties) = integer o Violates equality of representation since Germany does not have a seat-limitation c. Parameters of Filipino Partylist system o 20% allocation o 2% threshold o 3-seat limit (one qualifying + 2 additional) o Proportional representation

Step 1. Rank all parties from highest to lowest Compute for ratio: total votes cast/votes it received Highest number of votes: first party Step 2. # of seats allocated to other parties cannot possibly exceed first party Step 3. Proportion of votes of first party relative to total votes for PL: # of votes of first party/ total votes for PL = Step 4. Additional seats for other qualified parties: Additional seat = ((# of votes of concerned party/ total # of votes for PL)/(# of votes of first party/ total # of votes for st PL))*# of additional seats allocated to 1 party Or st Additional seat = (# of votes of A party/# of votes of 1 st party)*(# of additional seats of 1 party) Ang Bagong Bayani vs. COMELEC 1. Contention: (Ang Bagong Bayani) Political parties should not be allowed. Ruling: Party may either be a political party or a sectoral party or a coalition of parties. o An organized group of citizens advocating an ideology or platform, principles, and policies for the general conduct of the government. 2. Contention: Exclusive to marginalized and underrepresented who lack well constituencies Who is (are) the marginalized and underrepresented? -Sector shall include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers and professionals (not exclusive) o Allowing the non-marginalized and overrepresented to vie for remaining seats under the partylist system would not only dilute but also prejudice the chance of the marginalized and underrepresented

4. o o o o

o o o o

5. 6. 7.

8.

Not disqualified under section 6: Religious sect or denomination for religious purposes Advocate violence or unlawful means Foreign party or org Receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through its officers or members or through third parties for partisan election purposes Violates or fails to comply with laws, R/R pertaining to election Declares untruthful statements in its petition. Ceased to exist for at least a year Fails to participate in the last 2 preceding elections or obtain at least 2% of the votes cast under PL in the two preceding election for the constituency Must not be an adjunct of, or a project organized or an entity funded by the government Must not only comply with requirements of the law, but with Sec 9 qualifications Not only the candidate party or organization must represent marginalized and underrepresented, so also must its nominees Nominee must likewise be able to contribute to the formulation & enactment of appropriate legislation that will benefit the nation as a whole.

Criteria for participation: 1. Who lack well-defined constituency absence of a traditionally identifiable electoral group 2. But could contribute to the formulation & enactment of appropriate legislation that will benefit the nation as a whole Guidelines for screening participants: 1. Political party, sector, organization or coalition must represent the marginalized and undergroups under Section 5 2. While even major political parties are expressly allowed to participate in the partylist system, they must comply with statutory policy of enabling Filipino citizens belonging to marginalized & underrepresented sectors. 3. Prohibition on any religious organization registering as a pol party.