Legislative Department by Professor Rafael Y. Paragas, Philippine Constitution

1. BRIEF HISTORY OF THE
PHILIPPINE CONGRESS

2. Spanish
era
When
the
Philippines
was
under
Spanish
colonial
rule,
the
colony
was
not
given
representa8on
to
the
Spanish
Cortes.
It
was
only
in
1809
where
the
colony
was
made
an
integral
part
of
Spain
and
was
given
representa8on
in
the
Cortes.
On
March
19,
1812,
the
Cons8tu8on
of
Cadiz
was
approved,
which
led
to
the
colony's
first
representa8ves
at
the
Cortes
in
September
24,
1812
by
Pedro
Perez
de
Tagle
and
Jose
Manuel
CoreLo.

3. EVOLUTION OF THE PHILIPPINE
LEGISLATIVE SYSTEM
It began with the unicameral
Malolos Congress of the short-lived
Philippine Republic of 1898-1899,
f o l l o we d b y t h e P h i li p p i n e
Commission of 1901, a colonial
legislative system composed of all-
American appointees.

4. EVOLUTION OF THE PHILIPPINE
LEGISLATIVE SYSTEM
This body then evolved into a
bicameral, predominantly elective, Filipino-controlled
legislature by virtue of the
Jones Act of 1916, and lasted until
November 1935 when the semi-independent
Commonwealth Government
was inaugurated. A unicameral National
Assembly replaced the bicameral body
after the 1935 Philippine Constitution was
ratified.

5. EVOLUTION OF THE PHILIPPINE
LEGISLATIVE SYSTEM
In 1941, the Constitution was amended,
again restoring the bicameral legislature
that came to be called the Congress of the
Philippines.
Except during the Japanese-sponsored
Philippine Republic from 1942-1945, the
Congress functioned as the national
legislature until September 1972 when
President Ferdinand E. Marcos placed the
country under martial law.

6. THE BATASANG PAMBANSA - A
UNICAMERAL LEGISLATURE
When martial law was declared, the
Constitutional Convention, by virtue of an
Act of Congress in 1971, was in the
process of drafting a new Constitution.
The final draft was adopted by the
Convention on November 29, 1972. This
was ratified and proclaimed by President
Marcos on January 17, 1973 amidst
widespread protest and controversy.

7. THE BATASANG PAMBANSA - A
UNICAMERAL LEGISLATURE
With the proclamation of a new
Constitution, the presidential form of
government was changed to a modified
parliamentary form. Congress was abolished
and was replaced by an elected unicameral
National Assembly, known as Batasang
Pambansa.

8. THE BATASANG PAMBANSA - A
UNICAMERAL LEGISLATURE
The Batasang Pambansa was made up of
a maximum of 200 Members elected from
different provinces with their component
cities, highly urbanized cities and districts
of Metropolitan Manila, appointe d
representatives from various sectors such
as the youth, agricultural and industrial
labor sectors, and those chosen by the
President from the members of the
Cabinet. The Members had a term of six
years.

9. THE PRESENT PHILIPPINE CONGRESS
THE FEBRUARY 1986 REVOLUTION
PEOPLE POWER REVOLUTION
1986 EDSA RevolutionThe world-famed
bloodless coup of February 22-25, 1986
ushered in a new political regime. President
Corazon Aquino, backed by a coalition of
forces from both ends of the political
spectrum, forged a new government,
triggering a chain of events that dramatically
changed the political landscape of the
country and signalled the rebirth of
democracy.

10. THE PRESENT PHILIPPINE CONGRESS
THE FEBRUARY 1986 REVOLUTION
PEOPLE POWER REVOLUTION
These political changes were: the
abolition of the Batasang Pambansa following
the proclamation of a new revolutionary
government; the organization of a
Constitutional Commission that drafted a
new charter which, in turn, was ratified in
February 1987; the rebirth of the old
bicameral system; and the election of
Members to the new Congress.

11. The new Congress has the biggest membership
and is probably the most powerful among its
predecessor legislatures. The Constitutional
Commission (ConCom) clothed it with vast powers
to perform a wider and more dynamic role. This
fact is partly reflected in the Charter itself,
which devotes 32 sections to the legislative
department compared with only 23 for the
executive and 16 for the judicial departments.

12. The new bicameral Congress consists of the Senate and the
House of Representatives. The upper chamber or the Senate is
composed of 24 Members elected at-large by the qualified voters of
the Philippines. On the other hand, the lower chamber or the House
of Representatives is composed of not more than 250 Members, who
are elected from legislative districts apportioned among the
provinces, cities and the Metropolitan Manila area in accordance with
the number of inhabitants, and on the basis of a uniform and
progressive ratio and those, as provided by law, elected through a
party-list system of registered national, regional and sectoral parties
or organizations. [Sec. 5(1), Art. VI, 1987 Philippine Constitution]

13. Legislative Power
The Legislative power shall be vested
in the Congress of the Philippines
which shall consist of a Senate and a
House of Representatives, except to
the extent reserved to the people by
the provision on initiative and
referendum.

14. Legislative Power
is essentially the authority
under the Constitution to make
laws and subsequently, when
then need arises, to alter and to
repeal them.

15. Classification of Powers of
Congress
Ø General legislative power
-the power to enact laws intended as
rules of conduct to govern the relations
among individuals or between the
individuals and the State.
Ø Specific powers
-powers which the constitution
expressly directs or authorizes Congress
to exercise

16. Classification of Powers of
Congress
Ø Implied Power
-those essential or necessary to the
effective exercise of the powers
expressly granted.
Ø Inherent Powers
-the powers which are possessed and
can be exercise by every government
because they exist as an attribute of
sovereignty..

17. Kind of Election for
Members of Congress
Ø Regular Election
- shall be held on the second Monday
of May.
Ø Special Election
- it may be called in case of vacancy
arises in the Senate to fill such vacancy in
the manner prescribed by law.

18. Quorum
A number of the membership of
an assembly or collective body
as is competent to transact its
business.

19. Rules of Procedure
- the rules made by any
legislative body to regulate the
mode and manner of conducting
its business.
Legislative Journal
- defined as the official record
of what is done and passed in a
legislative assembly

20. Electoral Tribunal in each House
Ø Composition, constitution and
jurisdiction
-composed of 9 members -3justices
of the Supreme court designated by
the Chief justice and 6 members of the
Senate
Ø Reason for Creation
-under the 1973 Constitution, this
power was given to the Commission
on Elections

21. The Commission on Appointments in
Congress
Ø Composition, constitution and nature
-composed of 25 members – the
President of the Senate as Ex officio
Chairman, 12 Senators and 12 members
of the House of Representatives
Ø Power or function
-the power of the Commission on
Appointments is to approve or
disapprove appointments submitted to
it by the President.

22. The Commission on Appointments
in Congress
Ø Reason for Creation
-the creation of a Commission
on appointments, which was
provided in the 1935 Constitution,
is based on the principle that it is
best to have a deliberative body
pass upon appointments to
important pos i t i ons i n the
government.

23. Appropriations Bill
- The primary and specific aim of
which is to make appropriations of
money from the public treasury.
Appropriations – an authorization
made by law or other legislative
enactment, directing payment out
of government funds under specified
conditions and/or for specified
purposes.

24. Kinds of Appropriations
Ø Annual or General Appropriations
-popularly known as the budget.
Ø S p e c i a l o r S u p p l e m e n t a l
Appropriations
-they are designed to supplement
the general appropriations.
Ø Specific Appropriations
-one which set aside a named sum
of money for the payment of a
particular expense.

25. Kinds of Appropriations
Ø Continuing Appropriations
-one which provides a definite
sum to be always available from
year to year, without the necessity
of further legislative action, for the
purpose appropriated even after
the original amount shall have
been fully spent.

26. Other Bills
Ø Revenue Bill
-the primary specific purpose of which
is to raise revenue.
Ø Tariff Bill
-it has reference to one imposing
customs duties for revenue purposes.
Ø Bill Authorizing Increase of the Public
Debt
-creates public indebtedness such as
a bill providing for the issuance of bonds.

27. Other Bills
Ø Bill
of
Local
Applica8on-­‐one
affec8ng
purely
local
or
municipal
concerns
like
one
crea8ng
a
city
or
municipality
or
changing
its
name.
Ø Private
Bill
-­‐one
affec8ng
purely
private
interest,
such
as
one
gran8ng
a
franchise
to
a
person
or
corpora8on,
or
compensa8on
to
a
person
for
damages
suffered
by
him
for
which
the
government
considers
itself
liable.

28. Steps in the Passage of a Bill
Ø First Reading
Ø Referral to appropriate committee
Ø Second Reading
Ø Debates
Ø Printing and Distribution
Ø Third Reading
Ø Referral to the other House
Ø Submission to join bicameral committee
Ø Submission to the President

29. Ø Title
Formal parts of a Law
-it announces the subject matter of
the act
Ø Preamble
-a sort of introduction or preface of a
law
Ø Enacting Laws
-precedes the body of the statute
and it serves as formal means of
identifying the legislative body that
enacts the law.

30. Ø Body
Formal parts of a Law
- p o r t i o n containing the
proposed law or statute itself
Ø Effectivity Clause
-portion providing for the time
when the law shall take effect

31. Resolution
Ø A formal expression of opinion,
will, or intent by an official body or
assembled group.
Kinds of resolutions
Ø Simple
Ø Concurrent
Ø joint

32. Ø Uniformity of taxation means
that “all taxable articles or
properties of the same class
shall be taxed at the same
rate.”
Ø Uniformity implies equality in
burden, not equality in amount.