Basic Consti Law for Undergrads: Legislative department
Lecture on the LegislativeDepartment of the Republic of the Philippines ATTY. HARVE B. ABELLA, ESQ.
•UNICAMERALISM •Malolos Congress •Taft Commission•BICAMERALISM •Philippine Bill of 1902 •Philippine Assembly •Philippine Commission •Jones Law •House of Representatives •Senate
Legislative Power•Not exclusively vested in Congress •Sec. 1 ART VINon-Legislative Powers •Canvass of Presidential Elections •ART VII Sec. 4 •Declaration of the existence of a state of war •ART VI Sec 23 (2) •Confirmation of Amnesties •ART VII Sec 19 •(through the Commission on Appointments) presidential appointments •ART VII Sec 16 •Amendment or revision of the Constitution •ART XVII •Impeachment •ART XI
THE SENATE OF THE PHILIPPINESCOMPOSITION:“The Senate shall be composed of twenty fourSenators who shall be elected at large by thequalified voters of the Philippines as may beprovided by law.” ART VII Sec 2QUALIFICATIONS:“No person shall be a Senator unless he is anatural-born citizen of the Philippines, and, on theday of the election, is at least 35 years of age,able to read and write, a registered voter, and aresident of the Philippines for not less than twoyears immediately preceding the day of theelection.” ART VII Sec 3
THE SENATE OF THE PHILIPPINESTERM OF OFFICESec. 4. The term of office of Senators shall be 6 yearsand shall commence, unless otherwise provided bylaw, at noon on the 30th day of June next following theirelection.Sec. 2. The Senators, Members of the House ofRepresentatives, and the local officials first electedunder this Constitution shall serve until June 30, 1992.Of the Senators elected in the election in 1992, the first12 obtaining the highest number of votes shall serve for6 years and the remaining twelve, for 3 years.
THE SENATE OF THE PHILIPPINESNo. of Senators Term of Office24 May 1987 5 years – June 30, 199224 May 1992 1st 12 (highest votes) = 6 years – June 30, 1998 2nd 12 = 3 years – June 30, 1995*-------------------------------------------------- Beginning 1995, 12 Senators shall be elected every 3 years, to serve a full term of 6 years.*ONE HALF OF THE MEMBERSHIP OF THE SENATE SHALL NOT AT ANY TIME BE DISSOLVED. ½ of the membership is retained as the other half is replaced or reelected every 3 years.*CONTINUITYTo encourage the maintenance of Senate Policies
THE SENATE OF THE PHILIPPINESTERM LIMITATIONART VI SEC 4 (par. 2)No Senator shall serve for more than 2 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.
THE HOUSE OF REPRESENTATIVES COMPOSITION: District Representative •Elected directly and personally, from the territorial unit he is seeking to represent. Party-list Representative •Chosen indirectly, through the party he represents, which is the one voted for by the electorate. •Sec 5. (1)The House of Representatives shall be composed of not more than 250 members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among provinces, cities and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and who 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
THE HOUSE OF REPRESENTATIVES(2) The party-list representatives shall constitute twenty per centum ofthe total membership of the House of Representatives. For threeconsecutive terms after the ratification of this Constitution, one-half ofthe seats allocated to party-list representatives shall be filled, asprovided by law, by selection or election from the labor, peasant,urban poor, indigenous cultural communities, women, youth and suchother 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 populationof at least two hundred fifty thousand, or each province, shall have atleast one representative.(4) Within 3 years following the return of every census, the Congressshall make a reapportionment of legislative districts based onstandards provided in this section.”
THE HOUSE OF REPRESENTATIVESQualificationsART VI. Sec. 6No person shall be a Member of the House of Representativesunless he is a natural born citizen of the Philippines and, on theday of the election is at least 25 years of age, able to read andwrite, and except party-list representatives, a registered voter inthe district in which he shall be elected, and a resident thereoffor a period of not less than one year immediately preceding theday of the election.
THE HOUSE OF REPRESENTATIVESTerm of Office:Sec. 7, ART VIThree years, commencing at noon the 30th of June next followingtheir election. LIMITATION: Shall not serve for more than three consecutive terms. (total of 9 consecutive years years)Regular Election Sec 8. ART VI 2nd Monday of May (unless otherwise provided by law)Special ElectionSec. 9 ART VI / RA 6645: Lozada vs Comelec, 120 SCRA 337 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.
Sec. 11, ART VI A Senator or a 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.1. Immunity of Arrest • Intended to ensure representation of the constituents of the Member of Congress by preventing attempts to keep him from attending its sessions2. Privilege of Speech & Debate • Enables the legislator to express views bearing upon the public interest without fear of accountability outside the halls of the legislature.