Legislative Department.pptx

Legislative
Department
Marrie Angela D. Santiago

Legislative Department
• Legislature
– Law-making body of a political unit, usually a
national government, that has power to enact,
amend, and repeal public policy
– Laws enacted – legislations
– Members – legislators

• Legislative Power
– Essentially the authority under the Constitution to
make laws and subsequently, when the need
arises, to alter and repeal them
– To prescribe general rules for the government
– Shall be vested in the Congress of the Philippines

• Congress of the Philippines
– Shall consist of a Senate and a House of
Representatives

Congress of the Philippines
• Bicameralism
– Divided into two separate assemblies, chambers,
or houses

• Bicameralism
– Advantages
• A second chamber (Senate) is necessary to serve as a
check to hasty and ill-considered legislations;
• It serves as a training ground for future leaders;
• It provides a representation for both regional and
national interests;
• Less susceptible to bribery and control of big interests;
• It has been tested and proven in the crucible of human
experience

• Bicameralism
– Disadvantages
• Has not worked out as an fiscalizing machinery;
• No assurance of better considered and deliberated
legislations
• Produces duplication of efforts and serious deadlocks
• More expensive to maintain all things being equal;
• The prohibitive costs of senatorial elections have made
it possible for only wealthy individuals to make it to the
Senate

• The Senate
– Composition and Election
• Upper chamber
• 24 Senators
• Nationwide election – 2nd Monday of May
– Term of office
• 6 years
• Noon on the 30th of June

• The Senate
– Qualifications
• A natural-born citizen of the Philippines
• At least 35 years of age on the day of the election (i.e.,
day of the balloting)
• Able to read and write
• A registered voter
• A resident of the Philippines for not less than 2 years
immediately preceding the day of the election

• The Senate
– Maximum Terms
• Two consecutive terms

• The House of Representatives
– Composition and Election
• Lower chamber
• Not more than 250 Congressmen
• Elected from legislative or congressional districts and
through a party-list system – 2nd Monday of May
– Term of office
• 3 years
• Noon on 30th of June

– Qualifications
• A natural-born citizen of the Philippines
• At least 25 years of age on the day of the election
• Able to read and write
• Except for a party-list representative, a registered voter
in the district in which shall be elected
• A resident of thereof for a period not less than 1 year
preceding the day of the election

– Maximum terms
• Three consecutive terms

– Party-list Representation
• Aim
– To attain the broadest possible representation of all interests
in its law and policy-making body
– To give opportunity to the various social, economic, cultural,
geographical, and other groups or sectors of our society to
have their voices heard in Congress

• Appointment/Selection
– 20% (1:4) = 50 members
– People will not vote for individual party nominees but for only
one party-list
– ½ of party-list seats shall be filled by selection i.e.
appointment or election, from different sectors except the
religious sector

• Need
– It is almost impossible for, say a farmer, laborer or public
school teacher, to win in an election
– Constitutional aim – to promote the rise of non-traditional
political parties and greater participation for various interest
groups – marginalized sectors
– Promotes genuine grassroots consultation
– Can help create a healthy and robust democracy

• Sessions
– Regular Session
• Shall convene once every year on the 4th Monday of
July
– shall end not later than 30 days before the opening of the
next regular session for the succeeding year exclusive of
Saturdays, Sundays and legal holidays

• Sessions
– Special Session
• When the President calls Congress to session such
subjects or legislations as he may designate during the
time that it is in recess

• Sessions
– Executive Session
• Secret meetings of Congress or any of its committees
– Closed Session
• Held if the issue to be discussed involves national
security

• Quorum
– The number that makes a lawful body and gives it
power to pass a law or ordinance or do any other
valid corporate act
– Ordinarily, at least ½ plus 1 of the members of a
body

• Quorum
– Basis
• “a majority of each house”
• Not the number of all the members
– Members suspended or otherwise prevented from
participating in the functions of either House or who for the
time being may be outside of the Philippines and on whom
Congress has, therefore, no coercive power to enforce its
authority and command, should not be counted

• Adjournment in absence of Quorum
– Smaller number
• May adjourn from day to day and may compel the
attendance of absent members in such manner, and
under penalties, as such house may provide
– Punish members for disorderly behavior
– Suspend a member
» Concurrence of 2/3 of all its members
» Shall not exceed 60 days

• Legislative process
– law making
– a series of steps that a legislative body takes to
evaluate, amend, and vote on proposed legislation

• How a Bill becomes a Law
– A bill is introduced by any Member of the Senate or
the House of Representatives by filing it with the
Office of the Secretary where it is calendared for
the First Reading. Some bills, however must
originate exclusively from the House of
Representatives, such as the appropriation,
revenue or tariff bills, bills authorizing increase of
the public debt, bills of local application, and
private bills, although the Senate may propose or
concur with amendments.

– First Reading
• The principal author of the bill may propose the
inclusion of additional authors thereof.
• Bill is read by its number and title and the name/names
of the author.
– E.g.
» Senate Bill No. 3593
» NO-COLLATERAL, LOW-INTEREST LOANS TO GRADUATES
(TESDA)
» By Escudero, Francis "Chiz" G.

– Referral to appropriate committee
• Bill is referred to the proper committee/s for study and
consideration.
• May conduct hearings and consultation meetings.
• Then approves the bill with or without amendments or
recommends substitution or consolidation with similar bills
filed.
• If disapproved, the bill dies a natural death

– Second Reading
• The bill is then forwarded to the Committee on Rules so
it can be calendared for deliberation on Second
Reading.
• At this stage, the bill is read for the second time in its
entirety together with the amendments, if any,
proposed by the committee

– Debates
• A general debate is then opened and sponsorship
speech of the author.
• Amendments may be proposed.
• The insertion of changes/amendments shall be done in
accordance with the rules of House.
• The House may either “kill” or pass the bill through
voting.
• If approved, it shall be included in the calendar of bills
for Third Reading.

– Printing and Distribution
• The bill is then ordered printed in its final form
• Copies of it are distributed among the members of the
House, three days before its passage

– Third Reading
• Only the title of the bill is read on the floor.
• No amendment thereto is allowed and a roll call or
nominal voting is called and a Member, if he desires, is
given three minutes to explain his vote. A member may
abstain.
• A majority of the members constituting a quorum is
sufficient to pass a bill.

– Referral to the other House
• The bill is then referred to the other House where
substantially the same procedure takes place.
• If it approved the bill without changes/amendments,
the final version is signed by the Senate President and
the Speaker of the H of R

– Submission to joint bicameral committee
• Difference, if any, between the House’s bill and the
Senate’s amended version, and vice versa are
submitted to a conference committee of members of
both Houses to reconcile conflicting provisions.

– Submission to the President
• A bill approved on third reading by both Houses shall
be printed and forthwith transmitted to the President
for his action – approval or disapproval that is, he either
signs it into law or vetoes and sends it back with his
veto message.
• Within 30 days, if the President does not communicate
his veto of any bill to the house where it originated, it
shall become a law as if he signed it.

– Reconsideration
• If the President vetoes, he then sends it back to the
House where it originated:
• The House shall proceed to reconsider it.
• If 2/3 of the members agree to pass the bill, it shall be
sent, together with the objections to the other House
by which it shall likewise be reconsidered, and if
approved, by 2/3 of all that members of that House, it
shall become a law.

• Veto Power of the President
– Veto
• Latin term for “I forbid” or “deny.”
• Power to disapprove acts passed by Congress.
– Veto message
• Explains his objections to the bill.

• Veto Power of the President
– Purpose of veto
• To enable the executive department to protect its
integrity as an equal branch of the government and
thus maintain an equilibrium of governmental powers.
• To provide a check on hasty, corrupt, or ill-considered
legislation.

• Parliamentary Immunities
– Freedom from Arrest
• Every member is entitled to the privilege from arrest
while in session, regular or special
– Aim
» To enable members to discharge their functions
adequately and without fear
– Cannot be invoked
» The offense made is punishable by more than 6 years
imprisonment
» The Congress is no longer in session

– Freedom from being questioned for speech and
debate
• Shall not be questioned nor be held liable in any other
places for any speech or debate “in the Congress or in
any committee thereof.”
• Immunity from libel and slander
– Aim
» For the benefit of the people, be enabling their
representatives to discharge the functions of their office
without fear of prosecution

– Freedom from being questioned for speech and
debate
• Cannot be claimed
– The member is not acting as a member of congress, for he is
not entitled to any privileges above his fellow citizens; nor are
the rights of the people affected if he is placed on the same
ground on which his constituents stand.
– The member is being questioned in Congress itself, whenever
said body considers that his words and conduct are disorderly
and unbecoming of a member thereof.

• Non-Legislative Powers
– Initiation and holding of impeachments (Art. XI,
Sec. 3)
• House of Representatives
– Initiate
– At least 1/3 votes – verification of complaint
• Senate
– Try and decide
– Concurrence of 2/3 – conviction

– Acting as a Constituent Assembly (Art. XVII, Sec. 1)
• May propose any amendment to, or revision of the
Constitution
– Upon a vote of ¾ of all its members, voting separately

– Declaration of existence of War (Art. VI, Sec. 23)
• A vote 2/3 of both houses in joint session assembled

– Deciding election cases involving its members
through Electoral Tribunal (Art. VI, Sec. 17)
• Created in each house (SET and HRET) – composed of 9
members
– 3 Justices of the Supreme Court designated by the Chief
Justice
– 6 member of the Senate or the H of R

– Deciding election cases involving its members
through Electoral Tribunal (Art. VI, Sec. 17)
• Exclusive jurisdiction over all contests relating to the
election, returns, and qualifications of their respective
members

– Approval of Presidential appointments through
the Commission on Appointments (Art. VI, Sec.
18)
• Composed of 25 members
– President of the Senate – ex officio chairman
– 12 Senators
– 12 members of H of R

– Approval of Presidential appointments through
the Commission on Appointments (Art. VI, Sec.
18)
• To approve or disapprove on all such appointments by a
majority vote of all the members except the Chairman
within 30 session days of Congress from submission

Legislative Department.pptx

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Legislative Department.pptx