LEGISLATIVE DEPARTMENT

It deals broadly with the making, altering and repealing the law.
Etymology
Legislative came from the Latin word lex, legis which means law.
Brief History
Began with the unicameral on Malolos Congress of Phil. Republic 1898
1899
Evolved into bicameral by virtue of Jones Act 1916 but lasted only until Nov.
1935
Unicameral Natl Assembly replace the bicameral body after 1935
Philippine Constitution was ratified
1941, the constitution was amended restoring the bicameral legislature
(Philippine Legislature)
Japanese-sponsored Phil. Republic 1942-1945, Congress functioned as
national legislature until Sept. of 1972 (during Marcos regime and the
country is under martial law)
The Batasang Pambansa ( A Unicameral Legislature)
The Constitutional Convention, by virtue of an Act of Congress 1971, during
the declaration of martial law, was in the process of drafting a new
Constitution. The final draft was adopted by 1972 Convention and was later
ratified by Marcos in 1973.
The presidential form of govt was changed to modified parliamentary form of
Congress was abolished and was replaced by an elected Unicameral National
Assembly known as Batasang Pambansa.
Batasang Pambansa was made up of maximum 200 Members elected from
different provinces with their component cities. The Members had the term of
six (6) years.
EDSA Revolution
Ushered in a new political regime, Corazon Aquino forged a new govt.
These political changes were: the abolition of the Batasang Pambansa, the
organization of Constitutional Commission that drafted a new charter, which
was later ratified on February 1987.
Then is the rebirth of the bicameral system, and the election of Members of
New Congress.
Legislative Power
It is the essential authority under the Constitution to make laws,
subsequently, when the need arises, to alter and repeal them.
It is the peculiar task of the legislature to prescribe general rules for the
government of society.
Classification of Legislative Powers

General legislative power power to enact laws to govern the relations

between individuals and the State.
Specific power the Constitution expressly directs or authorizes to
Congress
Implied power essential or necessary to the effective exercise of the
powers expressly granted
Inherent power power possessed and can be exercised by every govt
because they exist as an attribute of sovereignty.

Powers of Congress
Appointment of Public Officials
Legislative inquiry and investigation
Declare the existence of state of wae
Ratify the countrys international treaties
Authorize limited emergency powers for the President
Approve govt budget
Undertake projects under CDF
Propose, review, and adopt bills for enactment of law
Overturn a Presidential veto with respect to proposed legislation
Allow referenda
Proposed amendment to the constitution and call for constitutional
convention
Limitations as to the Power of Legislative Department
Congress may not:
1. Increase appropriations recommended by the executive branch
2. Pass tax exemptions without the concurrence of the majority of the
members
3. Grants title of nobility
4. Pass ex post facto bills
5. Pass bill of attainder
Basic Structures
Unicameralism
The legislative branch consisting only of one (1) chamber
Bicameralism
Legislative power is vested in two chambers/houses
1. House of Representatives (lower house)
2. Senate House (upper house)
N.B. It has been created in place of unicameral set-up provided in 1973 Constitution
The Senate
Composition and election
24 Senators elected at large

Term of office
Six (6) years
Maximum terms
disqualified to serve for more than two (2) consecutive
terms
Qualification
a. natural-born citizen of the Philippines
b. at least 35 years of age on the day of the election
c. able to read and write
d. a registered voter
e. a resident of the Philippines for not less than two (2) years immediately
preceding the day of the election

House of Representatives
Composition and election
not more than 250 members (Congressmen)
Term of office
Three (3) years
Maximum terms
disqualified to serve for more than three (3) consecutive terms
Qualification
a. natural-born citizen of the Philippines
b. at least 25 years of age on the day of the election
c. able to read and write
d. except for a partly-list representative, a registered voter in a district in
which he shall be elected
e. a resident of the Philippines for not less than two (2) years
immediately preceding the day of the election
Sessions of the Congress
Regular Session
Convene once every year on the 4th Monday of July, unless a different date is
fixed by law.
The session shall continue until for such number of days as it may determine
until 30 days before opening of its next regular sessions.
N.B.: Congress is virtually in session the entire year.
Special Session
Takes place when the President calls Congress, at the time that it is in recess,
to session to consider certain subjects or legislation as he may designate.
N.B.: It is different from the executive session which is a secret meetings of
Congress or any of its committee.
Separation of Powers
The powers of government, by virtue of this principle, are divided into three
(3) distinct classes

 The legislative
The executive, and
The Judiciary
These 3 branches of government have respective powers and are distributed
accordingly.
Checks and Balances
Constitution authorized a considerable amount of encroachment or checking
by one department in the affairs of the others.
1. Checks by the President
The President may veto or disapprove the bills enacted by the Congress, and
thru the pardoning power, he may modify or set aside the judgments of
courts.
2. Checks by Congress
The Congress may override the veto power of the President, reject certain
appointments of the President, revoke the proclamation of
martial law
or suspension of writ of habeas corpus, and amend or
revoke the
decisions of the courts.
3. Checks by the judiciary
The Supreme Court as the final arbiter may declare legislative measures or
executive acts unconstitutional and determine whether or not there has been
a grave abuse of discretion amounting to lack or excess of jurisdiction on the
part of Congress or the President.
Parliamentary Privileges
Congressmen have two (2) parliamentary privileges while Congress is in
session:
1. Privilege from arrest
Immunity from offenses punishable by not more
than six (6) years
imprisonment
2. Privilege of speech and debate
Immunity from libel and slander
Transparency
Elected Congressmen must:
1. Fully disclosed their financial and business interests
2. Disclose potential conflicts of interest that arise in the course of
legislation
3. Keep from any other office or employment (appointed or otherwise),
to do so will forfeit his/her seat
Electoral Tribunal
Composition

9 members
a. Three (3) Justices of Supreme Court (designated by Chief Justice)
b. Six (6) members of the Senate or the
House of
Representatives
Constituted within 30 days after Senate and the House of Rep. shall have
been organized with the election of the President and the Speaker.

Commission on Appointments in Congress

Composition
25 members
President of the Senate as ex officio chairman
12 Senators
12 members of House of Representatives
Function
To approve and disapprove appointments submitted to it by the
President and by the majority vote of all the members, within 30
session days of Congress from their submission.
How a Bill becomes a Law?
First Reading
Any member of either House may present a proposed bill and signed
by him.
It shall be filed with the Office of Secretary for corresponding number
and calendar of reading
The bill is read by its number and title and the name/s of its author.
Referral to the appropriate committee
The bill is referred to proper committee/s for study and consideration
(hearings and consultation)
Approved bill is with or without amendments or recommending
substitution or consolidation with similar bills filed
If disapproved, the bill dies as natural death unless the House decides
for the submission of the report
Second Reading
The bill is forwarded to the Committee on Rules to calendar for the
deliberation of its Second Reading
The bill is read for the second time in its entirety together with the
amendments, if any, proposed by the committee unless the reading is
dispensed with by a majority vote of the House
Debates
It is opened after Second Reading and sponsorship speech of the
author of the bill
Amendments may be proposed by any member of the Congress
The House may either kill or pass the bill
The approved bill shall be included in the calendar for Third Reading

Printing and distribution

The bill is ordered to be printed in its final form
Copies of it are distributed among the members of House three (3)
days before its passage
Third Reading
Only the title of the bill is on the floor
Nominal voting is held
No amendments is allowed and vote shall be taken immediately
The yeas and nays shall be entered in the journal
Referral to the other House
If approved, the bill is referred to the other House where the same
procedure takes place
If the other House approved the bill without changes the final version is
signed by the Senate President or Speaker of the House of
Representative
Submission to joint bicameral committee
Difference between the two Houses shall be submitted to a conference
committee of members of both Houses to compromise conflicting
provisions
If either House accepts the changes made by other, no compromise is
necessary
Submission to the President
Transmission of the approved bill to the Office of the President for his
action approval or disapproval i.e., he signs it into law or vetoes and
sends it back with his veto message
If the President does not communicate his veto of any bill to the House
where it originated within 30 days, it shall become law as if it is signed.