Philippine Politics and Governance

1. T H E
L E G I S L A T I V
E
D E P A R T M E N
T

2. T H E B R A N C H E S O F P H I L I P P I N E
G O V E R N M E N T
1. Legislative ( Congress)
- The power to enact laws (lawmakers)
- Consist of two houses - the House of Representatives and the Senate
2. Executive ( President)
- The power to implement laws
3. Judiciary (The Supreme Court)
- The power to interpret laws

3. P R I N C I P L E O F S E PA R AT I O N S
O F P O W E R S
•Each government branch is not permitted to
encroach upon the powers confided to
others. The arbitrary rule will result if the
same body is to exercise all the powers of
the government.

4. P R I N C I P L E O F C H E C K S A N D
B A L A N C E S
• Authorizing a considerable amount of encroachment or checking by one branch in the
affairs of the others. Each branch is given certain powers with which to check the others
>President may disapprove bills enacted by Congress
>Congress may reject appointments by the Pres.
>Judiciary may declare unconstitutional laws passed by the
Congress

5. E X E C U T I V E O R D E R N O . 4 6 4
September 26, 2005
This is to implement the Constitutional provisions on
the separation of powers between coequal branches of
the government, all heads of departments of the
Executive Branch of the Government shall secure the
consent of the President before appearing before
either House of Congress.

6. S U P R E M E C O U R T R U L I N G O N E . O
4 6 4
* Congress undoubtedly has a right to information from the executive
branch whenever it is sought in aid of legislation. If the executive branch
with holds such information on the ground that it is privileged, it must so
assert it and state the reason therefore and why it must be respected.
* The infirm provisions of E.O. 464, however, allow the executive branch
to evade congressional requests for information without the need of
explicitly asserting a right to do so and proffering its reasons there for. By
the mere expedient of invoking said provisions, the power of Congress to
conduct inquiries in aid of legislation is frustrated. That is impermissible.

7. A R T I C L E V I - L E G I S L AT I V E
D E PA R T M E N T

8. 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.
Legislative Power refers to power to make laws, and subsequently, to alter
and repeal them
Section 2.
The Senate shall be composed of twenty-four Senators.

9. 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.
Section 4.
• The term of office of the Senators shall be six years …
• 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 for which he
was elected.

10. Section 5.
* The House of Representatives- shall be composed of not more than two
hundred and fifty members … who shall be elected from legislative districts
* The Party- List representatives- shall constitute twenty per centum of
the total number of representatives … labor, peasant, urban poor,
indigenous cultural communities, women, youth, and such other sectors as
may be provided by law.
Two kinds of members of House of Representatives:
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 marginalized sectors to have their voices heard.

11. Section 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, twenty-five years of age, able to read and write,
and, except for 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.

12. Section 7.
The Members of the House of Representatives shall be elected for a
term of three years No member of the House of Representatives
shall serve for more than three consecutive terms.
Section 11.
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.

13. Freedom from Arrest
• Offenses punishable by not more than six years imprisonment
• While Congress is in session
Freedom of Speech and Debate
• Remarks must be made in connection with the discharge of official
duties.
• While Congress is in session
The reason for the congressional privileges
• To enable members of Congress to discharge their functions adequately
and without fear. It is true the rights may be abused. However, the harm
which would come from its abuse is considered slight compared to that
which might arise if the privileges were not given.

14. Section 12.
All Members of the Senate and the House of Representatives shall, upon
the assumption of office, make a full disclosure of their financial and
business interest. 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 13.
No Senator or Member the House of Representatives may hold any other
office or employment in the Government... during his term without forfeiting
his seat. Neither shall he be appointed to any office which may have been
created nor the emoluments thereof increased during the term for which he
was elected.

15. Incompatible office
The office which is not held by a member of a Congress outside the legislative
department. There is a need for members to devote their time and attention to the
discharge of their legal responsibilities.
Forbidden office
The office which a member of a Congress may not be a beneficiary because of
being a participant when said the office was created. Hence, a member of
Congress shall not be eligible for appointment to such office even if he resigns.

16. Section 15.
The Congress shall convene once every year on the fourth Monday of July
for its regular session, 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.

17. 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.
2. A majority of each House shall constitute a quorum to do business
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 it’s 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 publish the same, excepting such parts as may, in its judgement, affect
national security

18. Quorum
*Some membership which is competent to transact its business; is, at least,
one-half plus one of the members of a body.
Legislative Journal
*The official record of what is done and passed in a legislative assembly
and the proceedings occurred from day to day.

19. 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 ...
Section 18.
There shall be a Commission on Appointments ... shall act on all
appointments submitted to it
Section 21.
The Senate or the House of Representatives or any of its respective
committees may conduct inquiries 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.

20. Section 26.
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 been distributed to its
Members three days before its passage ... Upon the last reading of a bill, no amendment to
it shall be allowed, and the vote thereon shall be taken immediately after that, and the yeas
and nays entered in the Journal.
Steps in the Passage of a Bill
First Reading
> Reading of the number, title of the measure and name of the author
Second Reading
>The bill is read in its entirety, scrutinized, debated upon and amended when desired
Third Reading
> Members merely register their votes and explain them. No further debate is allowed

21. Section 27.
Every bill passed by the Congress shall, before it becomes 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 on 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 … 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 law. 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 law as if he had signed it..

22. The Law
A body of rules of conduct or action, prescribed by a compelling authority
which the people must follow and obey subject to legal sanctions and
consequences in case of violation.
1. Constitution- It is the fundamental or the supreme law of the land.
2. Statute- This is law passed by Congress.
3. Jurisprudence- This is law composed of decisions promulgated by the
Supreme Court.
4. Treaties- This is agreement entered between and among the
Philippines and other States or other entities.
5. Ordinances- This is passed by local government.