3. =
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8. =
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9. Principle of SEPARATION OF POWERS
- each government branch is not permitted to
encroach upon the powers confided to others.
Arbitrary rule would result if the same body is to
exercise all the powers of the government.

10. Principle of CHECKS AND BALANCES
- authorizing a considerable amount of
encroachment or checking by one branch in the
affairs of the others. Each branch is given certain
powers with which to check the others.



Pres.may disapprove bills enacted by Congress
Congress may reject appointments by the Pres.
Judiciary may declare unconstitutional laws
enacted by the Congress

11. Overview
Congress: the Legislative Branch of
government in the Philippines
Purpose, functions and structure of
Congress
Constitutional mandates with
respect to Congress

12. The Legislative Branch
From the Latin lex, legis meaning law
The legislative branch broadly deals
with the making, deliberation over,
enactment, amendment and repealing
of laws

13. Basic Structures
There are two basic structures for legislative
branches of government:
1. Unicameral
The legislative branch consists of one
chamber/house
1. Bicameral
Legislative power is vested in two
chambers/houses

14. The Philippine Congress
The Philippine Congress is the country’s
legislative department (Art. VI, Sec. 1)
Congress is bicameral
Upper House: Senate
Lower House: House of Representatives
N.B.: Senators are Congressmen

15. Supreme Court ruling on E.O. 464


Congress undoubtedly has a right to information from the
executive branch whenever it is sought in aid of
legislation. If the executive branch withholds such
information on the ground that it is privileged, it must so
assert it and state the reason therefor and why it must be
respected.
The infirm provisions of E.O. 464, however, allow the
executive branch to evade congressional requests for
information without need of clearly asserting a right to do
so and/or proffering its reasons therefor. By the mere
expedient of invoking said provisions, the power of
Congress to conduct inquiries in aid of legislation is
frustrated. That is impermissible.

16. Executive privilege covers all confidential or
classified information between the President
and the public officers, including:




Military, diplomatic and other national security
matters which in the interest of national security
should not be divulged
Information between inter-government agencies prior
to the conclusion of treaties and executive
agreements
Discussion in close-door Cabinet meetings
Matters affecting national security and public order

17. ARTICLE VI
Legislative
Department

18. Legislative Power
- power to make laws, and subsequently, to
alter and repeal them

19. SECTION 1.
The legislative power
shall be vested in the
Congress of the
Philippines which shall
consist of a Senate and a
House of Representatives
….

22. SECTION 3.
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
thirty-five 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.

23. SECTION 4.
The term of office of the Senators shall be
six years …
No Senator shall serve for more than two
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.

24. Year
Kind of Election
1992
Presidential Elections (1st
Election after enactment of
1987 Constitution)
1995
1998
Midterm Elections
Presidential Elections
2001
Midterm Elections
2004
2007
2010
2013
2016
2019
Presidential Elections
Midterm Elections
Presidential Elections
Midterm Elections
Presidential Elections
Midterm Elections
No. of
Senators
Elected
12
Term of
Office
Year End
of Term
6
1998
12
3
1995
12
12
12
1
12
12
12
12
12
12
6
6
6
3
6
6
6
6
6
6
2001
2004
2007
2004
2010
2013
2016
2019
2022
2025

25. SECTION 5.
(1) The House of Representatives shall be
composed of not more than two hundred
and fifty members… who shall be elected
from legislative districts …
(2) The party-list representatives shall
constitute twenty per centum of the total
number of representatives …labor, peasant,
urban poor, indigenous cultural
communities, women, youth, and such other
sectors as may be provided by law..

26. 1.) District Representative – elected directly and
personally from the territorial unit he is
seeking to represent.
2.) Party-list Representative – chosen indirectly,
through the party he represents, which is the
one voted for by the electorate. This is to
give an opportunity to weak sectors to have
their voices heard.

27. SECTION 6.
No person shall be a Member of the House
of Representatives unless he is a naturalborn citizen of the Philippines and, on the
day of the election, is at least twenty-five
years of age, able to read and write, and,
except the 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.

28. SECTION 7.
The Members of the House of
Representatives shall be elected for a term
of three years …
No member of the House of
Representatives shall serve for more than
three consecutive terms…

29. Composition
Qualifications
Term of Office
Senate
24 Senators elected at large
Natural-born citizen
At least 35 years old on election
day
Literate (can read and write)
Registered voter
Philippine resident for 2 years
prior to election day
6 years
Maximum: 2 terms

30. House of Representatives
Composition
Qualifications
Term of Office
200 district reps, 50 party list
Natural-born citizen
At least 25 years old on election
day
Literate (can read and write)
Registered voter of the district
District resident for 1 year prior
to election day
3 years
Maximum: 3 terms

31. In Case of Vacancy…
Vacancy can be filled through regular
election
Special elections can be called for the
purpose of filling the vacancy
In either circumstance, the one elected
merely sits for the unexpired term

32. SECTION 11.
A Senator or 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.

33. FREEDOM from ARREST

offenses punishable by not
more than six years
imprisonment

while Congress is in session
FREEDOM of SPEECH and DEBATE

remarks must be made in
connection with the
discharge of official duties.

while Congress is in session

34. Reason for the congressional
privileges…
To enable members of Congress to discharge
their functions adequately and without fear. It
is true that the privileges may be abused.
However, the harm which would come from its
abuse is considered slight compared to that
which might arise if the privileges were not
given.

35. SECTION 12.
All Members of the Senate and the House
of Representatives shall, upon assumption
of office, make a full disclosure of their
financial and business interests… They
shall notify the House concerned of a
potential conflict of interest that may
arise from the filing of a proposed
legislation of which they are authors.

36. SECTION 13.
No Senator or Member of the House of
Representatives may hold any other office
or employment in the Government…
during his term without forfeiting his
seat. Neither shall he be appointed to any
office which may have been created or
the emoluments thereof increased during
the term for which he was elected.

37. INCOMPATIBLE OFFICE
Office which mat not be held by a member of
a Congress outside the legislative department.
There is a need for members to devote their time
and attention to the discharge of their legislative
responsibilities.
FORBIDDEN OFFICE
Office which a member of a Congress may not
be a beneficiary by reason of being a participant
when said office was created. Hence, a member
of Congress shall not be eligible for appointment
to such office even if he resigns.

38. SECTION 15.
The Congress shall convene once every year
on the fourth Monday of July for its
regular session, …and shall continue to be
in session for such number of days as it may
determine until thirty days before the
opening of its next regular session, exclusive
of Saturdays, Sundays, and legal holidays.
The President may call a special session at
any time.

39. SECTION 16.
(1) The Senate shall elect its President and
the House of Representatives its Speaker,
by a majority vote of all its respective
Members.
(2) A majority of each House shall constitute
a quorum to do business…

40. (3) Each House may determine the rules of its
proceedings, punish its Members for
disorderly behavior, and, with the
concurrence of two-thirds of all its
Members, suspend or expel a Member. A
penalty of suspension, when imposed, shall
not exceed sixty days.
(4) Each House shall keep a Journal of its
proceedings, and from time to time publish
the same, excepting such parts as may, in
its judgment, affect national security…

41. QUORUM
- a number of membership which is competent to
transact its business; is at least one-half plus one
of the members of a body.
LEGISATIVE JOURNAL
- the official record of what is done and passed in a
legislative assembly and the proceedings
occurred from day to day.

42. SECTION 17.
The Senate and the House of
Representatives shall each have an
Electoral Tribunal which shall be the sole
judge of all contests relating to the
election, returns, and qualifications of
their respective Members…

43. SECTION 18.
There shall be a Commission on
Appointments… shall act on all
appointments submitted to it…

44. SENATE

SENATE ELECTORAL
TRIBUNAL
HOUSE OF REPRESENTATIVES
HOUSE OF
REPRESENTATIVES
ELECTORAL TRIBUNAL
PHILIPPINE CONGRESS

COMMISSION ON APPOINTMENTS

45. SECTION 21.
The Senate or the House of
Representatives or any of its respective
committees may conduct inquiries in aid
of legislation in accordance with its duly
published rules of procedure. The rights
of persons appearing in or affected by
such inquiries shall be respected.

46. SECTION 26.
No bill passed by either House shall become
a law unless it has passed three readings on
separate days, and printed copies thereof in
its final form have been distributed to its
Members three days before its passage…
Upon the last reading of a bill, no
amendment thereto shall be allowed, and
the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in
the Journal.

47. Steps in the Passage of a Bill
First Reading
- reading of the number, title of the measure
and name of the author
Second Reading
- the bill is read in its entirety, scrutinized ,
debated upon and amended when desired
Third Reading
- members merely register their votes and
explain them. No further debate is allowed.

48. SECTION 27.
Every bill passed by the Congress shall, before it
becomes a law, be presented to the President. If he
approves the same, he shall sign it; otherwise, he
shall veto it and return the same with his objections
to the House where it originated, which shall enter
the objections at large in its Journal and proceed to
reconsider it. If, after such reconsideration, twothirds of all the Members of such House shall agree
to pass the bill, it shall be sent…to the other House
by which it shall likewise be reconsidered, and if
approved by two-thirds of all the Members of that
House, it shall become a law… The President shall
communicate his veto of any bill to the House where
it originated within thirty days after the date of
receipt thereof; otherwise, it shall become a law as
if he had signed it.

49. 3 ways when a bill may become
a law
1.) When the President approves the bill
by signing it.
2.) When the President vetoes the bill and
the same is overriden by 2/3 votes of all
the members of both Houses.
3.) When the President does not
communicate his veto within 30 days
after the date of receipt.

50. Structure and Dynamics
Senate President and House Speaker elected
by majority vote
Other officers, procedures and the discipline
of its members is at the discretion of each
house
Quorum: Majority
Each House maintains a journal and record of
proceedings
Neither House can adjourn without the
other’s consent while in session

51. Powers of Congress
1.
2.
3.
4.
Appointment of Public Officials
Legislative inquiry and investigation
Declare the existence of a state of war
Ratify the country’s international
treaties (Senate)
5. Authorize limited emergency powers
for the President

52. Powers of Congress
6. Approve the government budget
7. Undertake projects under the CDF
8. Propose, review, and adopt bills for
enactment into law
9. Overturn a Presidential veto with respect to
proposed legislation
10. Allow for referenda
11. Propose amendments to the constitution
and call for a constitutional convention

53. Legislative Limitations
Congress may not:
1. Increase appropriations recommended by
the executive branch
2. Pass tax exemptions without the concurrence
of a majority of its members
3. Grant titles of nobility
4. Pass ex post facto bills
5. Pass bills of attainder