Gen.Info - Art. 6: The Legislative Department Part 1

Introduction to the Legislative Branch of the 1987 Philippine Constitution

Overview of Legislative Power

• The legislative power is defined as the authority to make, alter, and repeal laws.

• There are four classifications of legislative power: original, delegated, constituent, and ordinary.

Classifications of Legislative Power

• Original Power: Held by the people in their sovereign capacity; exercised through initiative and referendum.

• Delegated Power: Granted to Congress and other bodies by virtue of the Constitution.

• Constituent Power: The ability to amend or revise the Constitution.

• Ordinary Power: The authority to pass regular laws.

Structure of the Philippine Congress

Bicameral Composition

• The Philippine Congress is a bicameral body consisting of two houses:

• Upper House (Senate): Composed of 24 senators led by the Senate President.

• Lower House (House of Representatives): Comprises up to 250 members, with at least 20% being party-list representatives.

Membership Dynamics

• Membership in the House can be adjusted through reapportionment based on census results to ensure proportional representation.

Types of Congressional Representatives

District vs. Party-list Representatives

• District Representatives: Represent specific congressional districts.

• Party-list Representatives: Represent minority sectors; one for every four district representatives as mandated by Republic Act No. 7941.

Qualifications for Senators and House Members

Senator Qualifications

• Must be a natural-born citizen, at least 35 years old, literate, a registered voter, and a resident for at least two years before election day.

House Member Qualifications

• Must be a natural-born citizen, at least 25 years old on election day, literate, a registered voter in their district, and a resident for at least one year prior to elections.

Election Processes in Congress

Types of Elections

• Regular Elections: Held every second Monday of May unless otherwise specified by law.

• Special Elections: Conducted when regular elections are delayed or when filling vacancies due to unforeseen circumstances like death or resignation.

Compensation and Sessions in Congress

Salary Regulations

• Salaries for senators and house members are determined by law; increases take effect only after all current members' terms expire.

Types of Sessions

• Regular sessions convene annually on the fourth Monday of July; special sessions can be called for urgent matters; executive sessions may occur under rare circumstances requiring confidentiality.

Quorum Requirements in Congress

Definition and Importance

• A quorum is necessary for conducting business during sessions; typically requires one half plus one member present from each house.

Absence Considerations

• Members abroad or suspended do not count towards quorum calculations.

Legislative Powers and Procedures in Congress

Discipline and Punishment of Members

• The constitution allows each house to discipline its members for being physically, mentally, or morally unfit.

• Suspension is one method of discipline, requiring a two-thirds majority vote from all members.

• Expulsion is another severe measure that also requires a two-thirds majority and cannot exceed 60 days.

Legislative Journal

• The legislative journal serves as the official record of proceedings within the legislative assembly.

• Its primary purpose is to inform the public about how their representatives are fulfilling their duties.

Rules and Procedures

• Rules established by the law-making body regulate various aspects such as conducting deliberations, electing officers, and imposing penalties on members.

Adjournment Regulations

• During congressional sessions, neither house may adjourn for more than three days without consent from the other house.

• This rule prevents delays in legislative work and ensures continuity in proceedings.