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Lecture on the Legislative
Department 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 VI


Non-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 PHILIPPINES
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.”
                         ART VII Sec 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 35 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.”
                         ART VII Sec 3
THE SENATE OF THE PHILIPPINES

TERM OF OFFICE
Sec. 4. The term of office of Senators shall be 6 years
and shall commence, unless otherwise provided by
law, at noon on the 30th day of June next following their
election.


Sec. 2. The Senators, Members of the House of
Representatives, and the local officials first elected
under this Constitution shall serve until June 30, 1992.


Of the Senators elected in the election in 1992, the first
12 obtaining the highest number of votes shall serve for
6 years and the remaining twelve, for 3 years.
THE SENATE OF THE PHILIPPINES
No. of Senators         Term of Office
24 May 1987             5 years – June 30, 1992
24 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.
*CONTINUITY
To encourage the maintenance of Senate Policies
THE SENATE OF THE PHILIPPINES

TERM LIMITATION
ART 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 of
the total membership of the House of Representatives. 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 3 years following the return of every census, the Congress
shall make a reapportionment of legislative districts based on
standards provided in this section.”
THE HOUSE OF REPRESENTATIVES
Qualifications
ART VI. Sec. 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 25 years of age, able to read and
write, and except 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.
THE HOUSE OF REPRESENTATIVES
Term of Office:
Sec. 7, ART VI
Three years, commencing at noon the 30th of June next following
their 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 Election
Sec. 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.
PARLIAMENTARY IMMUNITIES
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 sessions
2. 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.
Basic Consti Law for Undergrads: Legislative department

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Basic Consti Law for Undergrads: Legislative department

  • 1. Lecture on the Legislative Department of the Republic of the Philippines ATTY. HARVE B. ABELLA, ESQ.
  • 2. •UNICAMERALISM •Malolos Congress •Taft Commission •BICAMERALISM •Philippine Bill of 1902 •Philippine Assembly •Philippine Commission •Jones Law •House of Representatives •Senate
  • 3. Legislative Power •Not exclusively vested in Congress •Sec. 1 ART VI Non-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
  • 4. THE SENATE OF THE PHILIPPINES 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.” ART VII Sec 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 35 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.” ART VII Sec 3
  • 5. THE SENATE OF THE PHILIPPINES TERM OF OFFICE Sec. 4. The term of office of Senators shall be 6 years and shall commence, unless otherwise provided by law, at noon on the 30th day of June next following their election. Sec. 2. The Senators, Members of the House of Representatives, and the local officials first elected under this Constitution shall serve until June 30, 1992. Of the Senators elected in the election in 1992, the first 12 obtaining the highest number of votes shall serve for 6 years and the remaining twelve, for 3 years.
  • 6. THE SENATE OF THE PHILIPPINES No. of Senators Term of Office 24 May 1987 5 years – June 30, 1992 24 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. *CONTINUITY To encourage the maintenance of Senate Policies
  • 7. THE SENATE OF THE PHILIPPINES TERM LIMITATION ART 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.
  • 8. 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
  • 9. THE HOUSE OF REPRESENTATIVES (2) The party-list representatives shall constitute twenty per centum of the total membership of the House of Representatives. 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 3 years following the return of every census, the Congress shall make a reapportionment of legislative districts based on standards provided in this section.”
  • 10. THE HOUSE OF REPRESENTATIVES Qualifications ART VI. Sec. 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 25 years of age, able to read and write, and except 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.
  • 11. THE HOUSE OF REPRESENTATIVES Term of Office: Sec. 7, ART VI Three years, commencing at noon the 30th of June next following their 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 Election Sec. 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.
  • 13. 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 sessions 2. 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.