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still under American rule, the Philippines held its first national elections for the newly
created representative body, which had an inaugural membership of 81 Filipinos
representing their respective districts. In the succeeding years, the number of districts
were increased to 85 in 1910, and 91 in 1912.
Two elections were held under the Commonwealth. The first, in 1935,
elected the President of the Philippines as well as members of the National
Assembly; the second, in 1939, elected only members of the National
Assembly. The National Assembly would be retained until 1941, when a new
structure for the legislature was introduced through a constitutional
amendment.
From the Commonwealth period to the inauguration of the Third Philippine
Republic, the Philippine legislature was passing Commonwealth acts (CA).
This form of legislation is started at the National Assembly and approved by
the President of the Philippines.
CONSTITUTIONAL AMENDMENTS OF 1941
After six years under a unicameral legislature, the Constitution of 1935 was
amended, dividing the National Assembly into two separate houses. The
Senate of the Philippines and the House of Representatives were
reestablished, with a Senate President and a Speaker of the House leading
their respective chambers.
The inaugural session, was held in a converted school house in Lepanto St.,
Manila, as the Legislative Building in Manila was reduced to ruins as an
outcome of the war.
On April 23, 1946, national elections were held to choose new members of
Congress, the President, and the Vice President of the Philippines. After the
elections the second Congress of the Commonwealth convened on May 25,
1946. It would only last until July 4, 1946, with the inauguration of the Third
Republic of the Philippines.
THE THIRD REPUBLIC, 1946 1972
The independent Republic of the Philippines was finally proclaimed on July
4, 1946 with Manuel Roxas as President. The Second Congress of the
Commonwealth was transformed into the first Congress of the Republic of
the Philippines, also made up of the Senate and the House of
Representatives. This would mark the beginning of the count of Congresses
of the Republic until the imposition of Martial Law in 1972, when Congress
would be dissolved.
The elections for members of these newly created chambers were held in
1941. However, the onset of World War II prevented the elected members
from assuming their posts and the legislature of the Commonwealth of the
Philippines was dissolved upon the exile of the government of the
Philippines.
This era started the legislation of republic acts which would continue until
1972. Upon the restoration of democracy in 1986 and the ratification of the
1987 Constitution, the naming of laws as republic acts would be reinstated.
Under martial rule, Marcos created the Batasang Bayan in 1976, by virtue
of Presidential Decree No. 995, to serve as a legislative advisory councila
quasi-legislative machinery to normalize the legislative process for the
eventual actualization of the 1973 Constitution. The Batasang Bayan would
hold office in the Philippine International Convention Center (a modernist
structure designed by National Artist for Architecture Leandro Locsin, within
the Cultural Center of the Philippines Complexa pet project of First Lady
Imelda R. Marcos). The consultative body would serve until 1978.
decided to maintain the old count, taking up where the last pre-martial law
Congress left off. Thus, the last Congress under the 1935 Constitution was
the seventh Congress, and the first Congress under the 1987 Constitution
became the eighth Congress.
Legislative process
Congress is responsible for making enabling laws to make sure the spirit of the
constitution is upheld in the country and, at times, amend or change the constitution
itself. In order to craft laws, the legislative body comes out with two main documents:
bills and resolutions.
Resolutions convey principles and sentiments of the Senate or the House of
Representatives. These resolutions can further be divided into three different
elements:
Bills are laws in the making. They pass into law when they are approved by both
houses and the President of the Philippines. A bill may be vetoed by the President, but
the House of Representatives may overturn a presidential veto by garnering a 2/3rds
vote. If the President does not act on a proposed law submitted by Congress, it will
lapse into law after 30 days of receipt.
Senate officers
Senate President
Committee on Accounts
Chairperson:unfilled
Jurisdiction: All matters relating to agriculture, food-production and agribusiness, such as agricultural experimental stations, soil survey and
conservation, animal husbandry, and fisheries and aquatic resources.
Jurisdiction: All matters relating to peace and order, the Philippine National
Police (PNP), the Bureau of Jail Management and Penology (BJMP), the
Bureau of Fire Protection (BFP), and private security agencies; the
possession, use, cultivation, manufacture, distribution and sale of
prohibited and regulated drugs, the prosecution of offenders, and
rehabilitation of drug users and dependents.
Committee on Rules
Jurisdiction: All matters affecting the rules of the Senate, the calendar and
parliamentary rules, the order and manner of transacting business, and the
creation of committees.
Jurisdiction: All matters relating to the women, family relations, and equality
before the law of women and men.
Jurisdiction: All matters related to the youth and its vital role in nationbuilding, promotion and protection of their physical, moral, spiritual,
intellectual and social well-being, and their involvement in public and civic
affairs.
House Speaker
4th District)
Deputy House Speakers
District)
2nd District)
Committee on Accounts
Chairperson: Rep. Sonny Collantes (Batangas, 3rd District)
Chairperson: Rep. Eleandro Jesus Madrona (Romblon, Lone District)
Jurisdiction: All matters relating to the internal budget of the House of
Representatives, including budget preparation, submission and approval,
disbursements, accounting, and financial operations.
Jurisdiction: All matters relating to banking and currency, governmentowned or controlled banks and financial institutions, non-government banks
and financial institutions, insurance, and securities.
Committee on Basic Education and Culture
Jurisdiction: All matters relating to food and agricultural production, agribusiness, agricultural research and technology, soil survey and research,
irrigation, farm credit and security, animal industry, and crop and livestock
production.
Committee on Appropriations
Committee on Ecology
Jurisdiction: All matters relating to all forms and places of gaming and
amusements.
Committee on Energy
Committee on Health
Committee on Justice
Committee on Tourism
Committee on Transportation
Chairperson: Rep. Anthony Del Rosario (Davao del Norte, 1st District)
Jurisdiction: All matters relating to land, sea, and air transportation, the
establishment, operation, management and regulation of airports, seaports
and other mass transportation systems including rail systems and roll onroll off (RO-RO) systems, civil aviation, air transport agreements,
transportation safety standards, air transport security, and maritime
security.
Committee on Veterans Affairs and Welfare
Chairperson: Rep. Herminia Roman (Bataan, 1st District)
Jurisdiction: All matters relating to the fiscal, monetary and financial affairs
of the national government, including tariff, taxation, revenues, borrowing,
and credit and bonded indebtedness.
Chairperson: Rep. Aurora Enerio Cerilles (Zamboanga del Sur, 2nd District)
Jurisdiction: All matters relating to the needs, education and overall welfare
of Filipino children.
History[edit]
Spanish era[edit]
When the Philippines was under Spanish colonial rule, the colony was not given
representation to the Spanish Cortes. It was only in 1809 where the colony was made
an integral part of Spain and was given representation in the Cortes. On March 19,
1812, the Constitution of Cadiz was approved, which led to the colony's first
representatives at the Cortes in September 24, 1812 by Pedro Perez de
Tagle and Jose Manuel Coretto. However, with Napoleon I's defeat at the Battle of
Waterloo, his brother Joseph Bonaparte was removed from the Spanish throne, and
the Cadiz Constitution was rejected by the Cortes on May 24, 1816 with a more
conservative constitution that removed Philippine representation on the Cortes, among
other things. Restoration of Philippine representation to the Cortes was one of the
grievances by the Illustrados, the educated class during the late 19th century.[6]
Revolutionary era[edit]
The Illustrados' campaign transformed into the Philippine Revolution that aimed to
overthrow Spanish rule. Proclaiming independence on June 12,
1898, President Emilio Aguinaldo then ordered the convening of a revolutionary
congress at Malolos. The Malolos Congress, among other things, approved the 1899
Constitution of the Philippines. With the approval of the Treaty of Paris, the Spanish
sold the Philippines to the United States. The revolutionaries, attempting to prevent
American conquest, launched the PhilippineAmerican War, but were defeated when
Aguinaldo was captured on 1901.[7]
American era[edit]
When the Philippines was under American colonial rule, the legislative body was
the Philippine Commission which existed from 1900 to 1907. The President of the
United States appointed the members of the Philippine Commission. Furthermore, two
Filipinos served as Resident Commissioners to the House of Representatives of the
United States from 1907 to 1935, then only one from 1935 to 1946. The Resident
Commissioners had a voice in the House, but did not have voting rights.[8]
The Philippine Bill of 1902 mandated the creation of a bicameral or a twochamber Philippine Legislature with the Philippine Commission as the Upper House
and the Philippine Assembly as the Lower House. This bicameral legislature was
inaugurated in 1907. Through the leadership of then Speaker Sergio Osmea and
then Floor Leader Manuel L. Quezon, the Rules of the 59th United States
Congress was substantially adopted as the Rules of the Philippine Legislature.[9]
In 1916, the Jones Law changed the legislative system. The Philippine
Commission was abolished, and a new bicameral Philippine Legislature consisting of
a House of Representatives and a Senate was established.[10]
Marcos was overthrown after the 1986 People Power Revolution; President Corazon
Aquino then ruled by decree. Later that year she appointed a constitutional
commission that drafted a new constitution. The Constitution was approved in a
plebiscite the next year; it restored the presidential system of government together
with a bicameral Congress of the Philippines. It first convened in 1987.[14]
Summary[edit]
In
operati
on
Authority
Legislature
Type
Upper
house
Lower house
Malolos
Constitutio
n
Malolos
Congress
Unicamer
al
Malolos Congress
189899
Independent era[edit]
War
powers
authority of
the Preside
nt of the
United
States
Upon the inauguration of the Republic of the Philippines on July 4, 1946, Republic
Act No. 6 was enacted providing that on the date of the proclamation of the Republic
of the Philippines, the existing Congress would be known as the First Congress of the
Republic. Successive Congresses were elected until President Ferdinand
Marcos declared martial law on September 23, 1972. Marcos then ruled by decree. [12]
As early as 1970, Marcos had convened a constitutional convention to revise the 1935
constitution; in 1973, the Constitution was approved. It abolished the bicameral
Congress and created a unicameral National Assembly, which would ultimately be
known as the Batasang Pambansa in a semi-presidential system of government. The
batasan elected a prime minister. The Batasang Pambansa first convened in 1978. [13]
190002
Martial law
Malolos
Constitutio
Malolos
Congress
Unicamer
al
Malolos Congress
194344
1943
Constitutio
n
National
Assembly
Unicamer
al
Congress
(Commonweal
th)
Bicamera
l
Senate
House of
Representativ
es
Congress
Bicamera
l
Senate
House of
Representativ
es
National Assembly
Taft
Commission
190207
Philippine
Organic
Act
Philippine
Commission
Bicamera
l
190716
Philippine
Organic
Act
Philippine
Legislature
Bicamera
l
Philippine
Autonomy
Act
Philippine
Legislature
191635
193541
1935
Constitutio
n
Unicamer
al
Philippine Commission
194673
National
Assembly
Bicamera
l
Unicamer
al
Philippine Commission
Philippine
Commissi
on
Philippine
Assembly
Senate
House of
Representativ
es
Amendme
nts to the
1935
Constitutio
n
never
convene
d
1973
Constitutio
n
National
Assembly
Unicamer
al
National Assembly
197886
Amendme
nts to the
1973
Constitutio
n
Batasang
Pambansa
Unicamer
al
Batasang Pambansa
1987
present
1987
Constitutio
n
National Assembly
The powers of the Congress of the Philippines may be classified as:
General legislative[edit]
Power to declare the existence of war; (The Senate and the House of
Representatives must convene in joint session to do this.)
Power to concur amnesty; and
Implied[edit]
Power to contempt
Inherent[edit]
Blending of power
These are the powers which though not expressly given are nevertheless exercised by
the Congress as they are necessary for its existence such as:
Delegation of power
Budgetary power
Power to taxation
Executive[edit]
Specific legislative[edit]
It has reference to powers which the Constitution expressly and specifically directs to
perform or execute.
Affirming treaties;
Power to appropriate;
Power to act as constituent assembly; (The Senate and the House of
Representatives must convene and vote on joint or separate session to do this.
[citation needed]
)
Power to impeach; (to initiate all cases of impeachment is the power of the
House of Representatives; To try all cases of impeachment is the power of the
Senate.)
Supervisory[edit]
The Congress of the Philippines exercises considerable control and supervision over
the administrative branch - e.g.:
Electoral[edit]
Judicial[edit]
To punish its Members for disorderly behavior, and, with the concurrence of
two-thirds of all its Members, suspend or expel a Member
Lawmaking[edit]
Considered as electoral power of the Congress of the Philippines are the Congress'
power to:
Miscellaneous[edit]
First reading
1.
The bill is filed with the Bills and Index Service and the same is
numbered and reproduced.
2.
Three days after its filing, the same is included in the Order of
Business for First Reading.
3.
1.
4.
2.
1.
2.
Third reading
1.
2.
3.
4.
1.
Second reading
1.
2.
3.
1.
2.
Period of Amendments
3.
viva voce
2.
count by tellers
3.
nominal voting
2.
Conference committee
1.
2.
3.
4.
2.
3.
Legislature[show]
4.
Executive[show]
Judiciary[show]
The bill is reproduced and copies are sent to the Official Gazette Office for
publication and distribution to the implementing agencies. It is then included
in the annual compilation of Acts and Resolutions.
5.
Constitutional Commissions[show]
Elections[show]
Political parties[show]
Administrative divisions[show]
Voting requirements[edit]
Related topics[show]
Philippines
Other countries
Atlas
Requireme
nt
Senate
House of
Representativ
Joint session
All
members
es
One-fifth
One-third
N/A
Majority
(50% +1
member)
Request of recording
of yeas and nays on any
question
Electi
on of the
Senate
President
Pass
an
articles of
impeach
ment
Elect
ion of the
Speaker
N/A
N/A
Revo
cation of
martial law
Revo
cation of
the
suspensio
n of the
privilege of
the writ of
habeas
corpus
Suspend or expel a
member
Override a presidential
veto
Conc
urrence on
a treaty
Conc
urrence of
a grant of
amnesty
S
ubmit
to the
elector
ate the
questio
n of
calling
a
constit
utional
conven
tion
Gr
ant a
tax
exemp
tion
Two-thirds
N/A
N/A
Threefourths
Passage of laws
Confirmation of an
appointment of the president
to a vice president
N/A
Convi
ction of
impeache
d officials
Decla
ration of a
state of
war
C
all a
constit
utional
conven
tion
N/A
N/A
N/A
P
assage
of
amend
ments
to, or
revisio
n of
the
constit
ution
In most cases, such as the approval of bills, only a majority of members present is
needed; on some cases such as the election of presiding officers, a majority of all
members, including vacant seats, is needed.
Latest elections[edit]
Senate[edit]
Main article: Philippine Senate election, 2016
In the Philippines, the most common way to illustrate the result in a Senate election is
via a tally of candidates in descending order of votes. The twelve candidates with the
highest number of votes are elected.
Ran
k
Candidate
Party
Votes
9.
Risa Hontiveros
Akbayan
15,915,213
35.53
%
1.
Franklin Drilon
Liberal
18,607,391
41.52
%
10.
Win Gatchalian
NPC
14,953,768
33.58
%
2.
Joel Villanueva
Liberal
18,459,222
41.39
%
11.
Ralph Recto
Liberal
14,271,868
31.79
%
3.
Tito Sotto
NPC
17,200,371
38.51
%
12.
Leila de Lima
Liberal
14,144,070
31.55
%
4.
Panfilo Lacson
Independent
16,926,152
37.82
%
13.
Francis Tolentino
Independent
12,811,098
28.64
%
5.
Richard J. Gordon
Independent
16,719,322
37.28
%
14.
Independent
12,670,615
28.20
%
6.
Independent
16,119,165
35.87
%
15.
Martin Romualdez
Lakas
12,325,824
27.60
%
7.
Manny Pacquiao
UNA
16,050,546
35.67
%
16.
PMP
11,126,944
24.95
%
8.
Francis Pangilinan
Liberal
15,955,949
35.56
%
17.
TG Guingona
Liberal
10,331,157
22.92
%
18.
Jericho Petilla
Liberal
7,046,580
15.77
%
19.
Mark Lapid
Aksyon
6,594,190
14.71
%
20.
Neri Colmenares
Makabayan
6,484,985
29.
Lorna Kapunan
Aksyon
1,838,978
4.03%
30.
Dionisio Santiago
Independent
1,828,305
4.02%
31.
Samuel Pagdilao
Independent
1,755,949
3.91%
32.
Melchor Chavez
PMM
1,736,822
3.85%
33.
Getulio Napeas
UNA
1,719,576
3.82%
34.
Ina Ambolodto
Liberal
1,696,558
3.62%
35.
Allan Montao
UNA
1,605,073
3.56%
36.
Walden Bello
Independent
1,091,194
2.41%
37.
Jacel Kiram
UNA
995,673
2.12%
38.
Shariff Albani
Independent
905,610
1.94%
39.
Jovito Palparan
Independent
855,297
1.87%
14.48
%
21.
Edu Manzano
Independent
5,269,539
11.69
%
22.
Roman Romulo
Independent
4,824,484
10.79
%
23.
Susan Ople
Nacionalista
2,775,191
6.07%
24.
Alma Moreno
UNA
2,432,224
5.42%
25.
Greco Belgica
Independent
2,100,985
4.62%
26.
Raffy Alunan
Independent
2,032,362
4.45%
27.
Larry Gadon
KBL
1,971,327
4.40%
28.
Rey Langit
UNA
1,857,630
4.12%
40.
Cresente Paez
Independent
808,623
1.80%
41.
Sandra Cam
PMP
805,756
1.77%
42.
43.
Dante Liban
Ramon Montao
Independent
Independent
782,249
759,263
Total turnout
44,979,151
80.69
%
Total votes
319,308,50
7
N/A
Registered voters
55,739,911
100%
1.72%
1.68%
Reference: Commission on Elections sitting as the National Board of Canvassers.
[16][17]
44.
Aldin Ali
PMM
733,838
1.56%
45.
Romeo Maganto
Lakas
731,021
1.60%
House of Representatives[edit]
46.
47.
Godofredo Arquiza
Levi Baligod
Independent
Independent
680,550
596,583
1.50%
1.31%
48.
Diosdado Valeroso
Independent
527,146
1.16%
49.
Ray Dorona
Independent
495,191
1.09%
50.
Eid Kabalu
Independent
379,846
0.81%
that won less than 2% of the vote gets one seat each until the 20% requirement is
met.
Popular
vote
Party/coalitio
n
Total
Liberal(Libe
ral Party)
NPC(Nation
alist
People's
Coalition)
NUP(Nation
al Unity
Party)
Nacionalista
(Nationalist
Party)
15,55
2,401
6,350
,310
3,604
,266
3,512
,975
41.
72
%
17.
04
%
9.6
7%
9.4
2%
Breakdown
Ent
ere
d
164
77
39
46
U
p
1
1
1
4
2
2
6
2
7
Ga
in
s
15
Ho
ld
s
96
33
22
21
Seats
Lo
sse
s
15
Wi
ns
Ele
cte
d
115
42
23
24
38.
7%
14.
1%
7.7
%
8.1
%
+/
UNA(United
Nationalist
Alliance)
2,468
,335
6.6
2%
47
11
3.7
%
PDPLaban(Phili
ppine
Democratic
Party
People's
Power)
706,4
07
1.9
0%
26
1.0
%
Lakas(Peop
le Power
Christian
Muslim
Democrats)
573,8
43
1.5
4%
1.3
%
Aksyon(De
mocratic
Action)
514,6
12
1.3
8%
0.3
%
KBL (New
Society
Movement)
198,7
54
0.5
3%
11
0.0
%
Asenso
Manileo(P
rogress for
Manilans)
184,6
02
0.5
0%
0.7
%
Kusog
172,6
0.4
0.3
Baryohanon
(Force of
the
Villagers)
01
6%
PTM (Voice
of the
Masses
Party)
145,4
17
0.3
9%
0.3
%
PCM(Peopl
e's Champ
Movement)
142,3
07
0.3
8%
Bukidnon
Paglaum(H
ope for
Bukidnon)
129,6
78
0.3
5%
Lingap
Lugud(Cari
ng Love)
127,7
62
0.3
4%
Padayon
Pilipino(On
ward
Filipinos)
127,7
59
1-Cebu (On
e Cebu)
114,7
32
0.3
4%
0.3
1%
0.3
%
0.3
%
0.3
%
0.0
%
LDP(Strugg
le of
Democratic
Filipinos)
111,0
86
0.3
0%
0.7
%
ASJ(Forwar
d San
Joseans)
83,94
5
0.2
3%
0.3
%
PMP (Force
of the
Filipino
Masses)
78,02
0
0.2
1%
0.0
%
KABAKA(P
artner of
the Nation
for
Progress)
72,13
0
0.1
9%
0.3
%
Hugpong(P
arty of the
People of
the City)
53,18
6
0.1
4%
0.0
%
SZP(Forwa
rd
Zambales
Party)
52,41
5
0.1
4%
0.0
%
CDP(Centri
st
13,66
2
0.0
4%
0.0
%
0.0
%
Democratic
Party of the
Philippines)
PMM(Work
ers' and
Peasants'
Party)
PGRP(Phili
ppine
Green
Republican
Party)
7,239
4,426
0.0
2%
0.0
1%
0.0
%
0.0
%
Invalid votes
7,077
,692
15.
94
%
Turnout
44,39
2,375
81.
66
%
Registered
voters
(without over
seas voters)
54,36
3,844
100
%
Seat[edit]
Independen
t
Vacancy
Total
2,172
,562
5.8
3%
178
1.3
%
0.0
%
37,27
5,432
100
%
634
2
3
4
45
18
9
238
80.
1%
45
Valid votes
37,27
5,432
83.
97
%
Ayuntamiento
Locations of the historical (blue) and current (red) seats of Congress in Metro Manila.
In what could be a unique setup, Congress' two houses meet at different places
in Metro Manila, the seat of government: the Senate sits at a building shared with
the Government Service Insurance System (GSIS) at Pasay, while the House of
Representatives sits at the Batasang Pambansa Complex.
The Barasoain Church in Malolos, Bulacan served as a meeting place of unicameral
congress of the First Philippine Republic.
After the Americans defeated the First Republic, American-instituted Philippine
Legislature convened at the Ayuntamiento in Intramuros, Manila from 1907 to 1926,
when it transferred to the Legislative Building just outside Intramuros. In the
Legislative Building, the Senate occupied the upper floors while the House of
Representatives used the lower floors.
Destroyed during the Battle of Manila of 1945, the Commonwealth Congress
convened at the Old Japanese Schoolhouse at Sampaloc. Congress met at the school
auditorium, with the Senate convening on evenings and the House of Representatives
meeting every morning. Congress would return to the Legislative Building, which will
be renamed as the Congress Building, on 1949 up to 1973 when President Marcos
ruled by decree. Marcos built a new seat of a unicameral parliament at Quezon City,
which would eventually be the Batasang Pambansa Complex. The parliament that will
eventually be named as the Batasang Pambansa (National Legislature), first met at
the Batasang Pambansa Complex on 1978.
With the overthrow of Marcos after the People Power Revolution, the bicameral
Congress was restored. The House of Representatives inherited the Batasang
Pambansa Complex, while the Senate returned to the Congress Building. On May
1997, the Senate moved to the newly constructed building owned by the GSIS on land
reclaimed from Manila Bay at Pasay; the Congress Building was eventually
transformed into the National Museum of the Philippines.
Senate
House of Representatives
Congress Building
Japanese Schoolhouse
The legislative power is vested in a bicameral body, the Congress of the Philippines,
which is composed of two houses -- the Senate and the House Representatives. The
Congress of the Philippines is the country's highest lawmaking body.
The Senate, headed by the Senate president and often referred toa s the "Upper
House", is composed of 24 senators elected at-large (nationwide) by qualified voters
for a period of six years. A senator cannot serve for more than two consecutive terms;
but he may run for reelection after a break or interval. The senators term of office
begins on December 30th following their election. The qualifications for becoming a
senator are as follows:
1.
2.
3.
4.
5.
a resident of the Philippines for at least two years prior to his election.
The House of Representatives, on the other hand, shall be composed of not more
than 250 members, with the Speaker as its chief officer. These seats are apportioned
among the provinces, cities, and Metro Manila, according to population. Thus, heavily
populated provinces are given as many as six or seven representatives or
congressmen. However, the Philippine Constitution provides that each province -- no
matter how sparsely provinces of the Philippines are represented in the Lower House
of Congress. The congressmen are elected for a term of three years, but they cannot
serve for more than three consecutive terms. To become a representative, a person
must be:
1.
2.
3.
4.
5.
The lawmaking function of Congress is very important. It passes laws that regulate the
conduct of and relations between the private citizens and the government. It defines
and punishes crimes against the state and against persons and their property. It
determines the taxes people should pay for the maintenance of the government. It
appropriates the money to be spent for public purposes. It can reorganize, create, or
abolish offices under the civil service. And it can create and abolish courts, except the
Supreme Court. Finally, it is only Congress which was given by the Philippine
Constitution the sole power to declare war and to authorize the President - in case of
national emergency or war - to issue executive orders embodying rules and
In addition, the two houses may also appoint their respective secretaries and
sergeants-at-arms. The most important function of a secretary is to keep the records
of the proceedins, while the sergeant-at-arms is the peace officer of each house. Both
officers are not members of Congress.
Other officers of Congress are the pro-tempore and floor leaders. The Pro-tempore
Officers are elected in the same manner as the Senate President and the House
Speaker. They usually belong to the same political party as the heads of the Senate
and the House. They preside over sessions in the absence of the Senate President
and House Speaker. On the other hand, the Floor Leaders (majority and minority) are
the spokespersons of their respective parties. They usually lead the members of their
parties in the discussions of bills or resolutions. They also decide the priority of bills to
be discussed on the floor since the majority floor leader usually given the
chairmanship of the Committee on Rules. They steer the discussions and debates on
the floor with an endview of promoting the legislative agenda of their parties in both
Houses.
of the Constitution:
the power to legislate. The power of inquiry, with process to enforce it, is grounded on
The Senate, The Commission on Appointments, The Senate Electoral Tribunal, The
House of Representatives.
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.
Even without this express Constitutional provision, the power of inquiry is inherent in
the necessity of information in the legislative process. If the information possessed by
executive officials on the operation of their offices is necessary for wise legislation on
that subject, by parity of reasoning, Congress has the right to that information and the
power to compel the disclosure thereof.
Why is inquiry in aid of legislation important under the separation of powers?
Under the separation of powers, Congress has the right to obtain information from any
source even from officials of departments and agencies in the executive branch. It
is this very separation that makes the congressional right to obtain information from
constitutional rights, including the right to be represented by counsel and the right
against self-incrimination.
In addition, even where the inquiry is in aid of legislation, there are still recognized
exemptions to the power of inquiry, which exemptions fall under the rubric of executive
No. Members of the Supreme Court are exempt from this power of inquiry on the basis
privilege.
not only of separation of powers but also on the fiscal autonomy and the constitutional
independence of the judiciary.
Is the power of inquiry subject to judicial review?
Yes. It may be subjected to judicial review pursuant to the Supreme Courts certiorari
powers under Section 1, Article VIII of the Constitution. Since the right of Congress to
conduct an inquiry in aid of legislation is, in theory, no less susceptible to abuse than
executive or judicial power.
Is the President covered by the power of inquiry?
No. The President, on whom executive power is vested, is beyond the reach of
Congress, except through the power of impeachment. It is based on the Presidents
position as the highest official of the executive branch, and the due respect accorded
to a co-equal branch of government which is sanctioned by a long-standing custom.
Does the power to inquire extend to officials in the executive branch?
Yes. The power of inquiry is broad enough to cover officials of the executive branch.
The power of inquiry is co-extensive with the power to legislate. The matters which
may be a proper subject of legislation and those which may be a proper subject of
investigation are one. It follows that the operation of government, being a legitimate
subject for legislation, is a proper subject for investigation. Since Congress has
authority to inquire into the operations of the executive branch, it would be incongruous
to hold that the power of inquiry does not extend to executive officials who are the
most familiar with and informed on executive operations.
Are there limitations to this power? If yes, what are these limitations?
Yes. As now contained in the 1987 Constitution (Section 21, Article VI), the power of
Congress to investigate is circumscribed by three limitations, namely: (a) it must be in
aid of its legislative functions, (b) it must be conducted in accordance with duly
published rules of procedure, and (c) the persons appearing therein are afforded their
exercise of inquiry in aid of legislation, how long will the imprisonment last?
information, must be clearly asserted. An implied claim of privilege is invalid per se.
This is tackled by the Supreme Court in Arnault vs. Nazareno, where the petitioner
argued that the Senate lacks authority to commit him for contempt for a term beyond
examining the ground invoked therefore, and the particular circumstances surrounding
it.
That investigation has not been completed because of the refusal of the petitioner as a
witness to answer certain questions pertinent to the subject of the inquiry. The Senate
has empowered the committee to continue the investigation during the recess. By
refusing to answer the questions, the witness has obstructed the performance by the
of confrontation initiated by Parliament to hold the Prime Minister and the other
Senate of its legislative function, and the Senate has the power to remove the
ministers accountable for their acts and the operation of the government,
corresponding to what is known in Britain as the question period. The framers of
the 1987 Constitution removed the mandatory nature of such appearance during the
question hour in the present Constitution so as to conform more fully to a system of
obstruction by compelling the witness to answer the questions thru restraint of his
liberty until he shall have answered them. That power subsists as long as the Senate,
which is a continuing body, persists in performing the particular legislative function
involved. To hold that it may punish the witness for contempt only during the session in
which investigation was begun, would be to recognize the right of the Senate to
SECTION 22. The heads of departments may upon their own initiative, with the
means for its performance. Aside from this, if we should hold that the power to punish
consent of the President, or upon the request of either House, as the rules of each
House shall provide, appear before and be heard by such House on any matter
pertaining to their departments. Written questions shall be submitted to the President
of the Senate or the Speaker of the House of Representatives at least three days
before their scheduled appearance. Interpellations shall not be limited to written
questions, but may cover matters related thereto. When the security of the State or the
public interest so requires and the President so states in writing, the appearance shall
perform its function but at the same time to deny to it an essential and appropriate
for contempt terminates upon the adjournment of the session, the Senate would have
to resume the investigation at the next and succeeding sessions and repeat the
contempt proceedings against the witness until the investigation is completed-an
absurd, unnecessary, and vexatious procedure, which should be avoided.
As against the foregoing conclusion it is argued for the petitioner that the power may
be abusively and oppressively exerted by the Senate which might keep the witness in
prison for life. But we must assume that the Senate will not be disposed to exert the
Is the power of inquiry in aid of legislation the same as the Question Hour?
are disregarded, the portals of this Court are always open to those whose rights might
No. Section 21 (inquiry in aid of legislation) and Section 22 (question hour) of Article
VI of the Constitution are closely related and complementary to each other, but they do
not pertain to the same power of Congress. One specifically relates to the power to
conduct inquiries in aid of legislation, the aim of which is to elicit information that may
be used for legislation, while the other pertains to the power to conduct a question
hour, the objective of which is to obtain information in pursuit of the oversight function
of Congress. While attendance was meant to be discretionary in the question hour, it
was compulsory in inquiries in aid of legislation.
power beyond its proper bounds. And if, contrary to this assumption, proper limitations
thus be transgressed.
Sources: Senate of the Philippines vs. Eduardo R. Ermita, G.R. No. 169777, 20 April
2006; Angara vs. Electoral Commission, G.R. No. L-45081, 15 July 1936; Arnault vs.
Nazareno, G.R. No. L-3820, 18 July 1950; Bengzon vs. Senate Blue Ribbon
Committee, G.R. No. 89914, 20 November 1991; Concurring and dissenting opinion of
Justice Puno in Macalintal vs. COMELEC, G.R. No. 157013. July 10, 2003.
POWERS OF THE CONGRESS
Senate
1.
Preliminary Procedures
2.
3.
Non-legislative powers
4.
Implied powers
5.
Inherent powers.
Introduction of Bills
No matter where a legislative proposal originates, it can be introduced only by a member
of Congress. In the Senate, a member may introduce any of several types of bills and
resolutions by filing it with the Office of the Secretary.
There is no limit to the number of bills a member may introduce. House and Senate bills
may have joint sponsorship and carry several members' names.
Major legislation is often introduced in both houses in the form of companion (identical)
bills, the purpose of which is to speed up the legislative process by encouraging both chambers
to consider the measure simultaneously. Sponsors of companion bills may also hope to
dramatize the importance or urgency of the issue and show broad support for the legislation.
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It is usually designated with P. S. Res. A simple resolution deals with matters entirely
within the prerogative of one house of Congress, such as adopting or receiving its own rules. A
simple resolution is not considered by the other chamber and is not sent to the President for his
signature. Like a concurrent resolution, it has no effect and force of a law. Simple resolutions
are used occasionally to express the opinion of a single house on a current issue. Oftentimes, it
is also used to call for a congressional action on an issue affecting national interest.
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Types of Legislation
The type of measures that Congress may consider and act upon (in addition to treaties in
the Senate) include bills and three kinds of resolutions. They are:
1. Bills
These are general measures, which if passed upon, may become laws. A bill is prefixed
with S., followed by a number assigned the measure based on the order in which it is
introduced. The vast majority of legislative proposalsrecommendations dealing with the
economy, increasing penalties for certain crimes, regulation on commerce and trade, etc., are
drafted in the form of bills. They also include budgetary appropriation of the government and
many others. When passed by both chambers in identical form and signed by the President or
repassed by Congress over a presidential veto, they become laws.
Bill Referrals
Once a measure has been introduced and given a number, it is read and referred to an
appropriate committee. It must be noted that during the reading of the bill, only the title and the
author is read on the floor. The Senate President is responsible for referring bills introduced to
appropriate committees.
The jurisdictions of the Standing Committees are spelled out in Rule X, Section 13 of the
Rules of the Senate. For example, if a bill involves matters relating to agriculture, food
production and agri-business, it must be referred to the Committee on Agriculture and Food.
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2. Joint Resolutions
A joint resolution, like a bill, requires the approval of both houses and the signature of
the President. It has the force and effect of a law if approved. There is no real difference
between a bill and a joint resolution. The latter generally is used when dealing with a single
item or issue, such as a continuing or emergency appropriations bill. Joint resolutions are also
used for proposing amendments to the Constitution.
3. Concurrent Resolutions
A concurrent resolution is usually designated in the Senate as S. Ct. Res. It is used for
matters affecting the operations of both houses and must be passed in the same form by both of
them. However, they are not referred to the President for his signature, and they do not have
the force of law. Concurrent resolutions are used to fix the time of adjournment of a Congress
and to express the sense of Congress on an issue.
4. Simple Resolutions
In Committee
The standing committees of the Senate, operating as little legislatures, determine the
fate of most proposals. There are committee hearings scheduled to discuss the bills referred.
Committee members and staff frequently are experts in the subjects under their jurisdiction,
and it is at the committee stage that a bill comes under the sharpest scrutiny. If a measure is to
be substantially revised, the revision usually occurs at the committee level.
A committee may dispose of a bill in one of several ways: it may approve, or reject, the
legislation with or without amendments; rewrite the bill entirely; reject it, which essentially
kills the bill; report it favorably or without recommendation, which allows the chamber to
consider the bill at all. It must be noted that under Section 29, Rule XI of the Rules of the
Senate, if the reports submitted are unfavorable, they shall be transmitted to the archives of the
Senate, unless five Senators shall, in the following session, move for their inclusion in the
Calendar for Ordinary Business, in which case the President shall so order.
On the other hand, the consideration and debate of bills and resolutions are spelled out in
Rule XXV, Section 71 of the Rules of the Senate. It provides as follows:
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Sec. 71. The Senate shall adopt the following procedure in the consideration of bills and joint
resolutions:
(a) Second reading of the bill.
Committee Reports
(b) Sponsorship by the committee chairman, or by any member designated by the committee.
A committee report describes the purpose and scope of the bill, explains any committee
amendments, indicates proposed changes in existing law and such other materials that are
relevant. Moreover, reports are numbered in the order in which they are filed and printed.
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(c) If a debate ensues, turns for and against the bill shall be taken alternately: Provided,
however, That any committee member who fails to enter his objection or to make of record his
dissenting vote after it shall have been included in the Order of Business and read to the
Senate in accordance with the second paragraph of Section 24 hereof, shall not be allowed to
speak against the bill during the period of general debate although he may propose and speak
or vote on amendments thereto.
(d) The sponsor of the bill or author of the motion shall have the right to close the debate.
(e) With the debate closed, the consideration of amendments, if any, shall be in order.
(f) After the period of amendments, the voting of the bill on Second Reading.
(g) Bills shall be submitted to final vote by yeas and nays after printed copies thereof in final
form have been distributed to the Members at least three (3) days prior to their passage, except
when the President of the Philippines certifies to the necessity of their immediate enactment to
meet a public calamity or emergency, in which case the voting on Third Reading may take
place immediately after second reading.
After the bill is approved on Third Reading, it will be submitted to the House of
Representatives for consideration. A bill passed by the Senate and transmitted to the House
usually goes to a committee, unless a House bill on the same subject has already been reported
out by the appropriate committee and placed on the calendar.
Under normal procedures, therefore, a bill passed by one chamber and transmitted to the
other is referred to the appropriate committee, from which it must follow the same route to
passage as a bill originating from that chamber.
Amendments may be offered at both the committee and floor action stages, and the bill as
it emerges from the second chamber may differ significantly from the version passed by the
first. A frequently used procedure when this occurs is for the chamber that acts last to bring up
the other chambers bill and substitute its own version, then retaining only the latters bill
number. That numbered bill, containing the Senate and House version, is then sent to a
conference committee to resolve all differences.
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When the conferees have reached agreement on a bill, the conference committee staff
writes a conference report indicating changes made in the bill and explaining each sides
actions.
Once a conference committee completes its works, it can now be submitted to the floor
for its approval. Debate on conference reports is highly privileged and can interrupt most other
business.
Approval of the conference report by both houses, along with any amendments on
disagreement, constitutes final approval of the bill.
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Calling a Conference
Either chamber can request a conference once both have considered the same legislation.
Generally, the chamber that approved the legislation first will disagree to the amendments
made by the second body and will make a request that a conference be convened. Sometimes,
however, the second body will ask for a conference immediately after it has passed the
legislation, assuming that the other chamber will not accept its amendments.
Selection of Conferees
Under the Rules of the Senate (Rule XII, Section 34), the Senate President shall designate
the members of the Senate panel in the conference committee with the approval of the Senate.
The Senate delegation to a conference can range in size from three to a larger number,
depending on the length and complexity of the legislation involved.
Authority of Conferees
The authority given to the Senate conferees theoretically is limited to matters in
disagreement between the two chambers. They are not authorized to delete provisions or
language agreed to by both the House and the Senate as to draft entirely new provisions.
In practice, however, the conferees have wide latitude, except where the matters in
disagreement are very specific. Moreover, conferees attempt to reconcile their differences, but
generally they try to grant concession only insofar as they remain confident that the chamber
they represent will accept the compromise.
The Conference Report
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Summary
The following is a summary of how a bill becomes a law:
Filing/Calendaring for First Reading
A bill is filed in the Office of the Secretary where it is given a corresponding number and
calendared for First Reading.
First Reading
Its title, bill number, and authors name are read on the floor, after which it is referred to
the proper committee.
If the House-approved version is compatible with that of the Senates, the final versions
enrolled form is printed. If there are certain differences, a Bicameral Conference Committee is
called to reconcile conflicting provisions of both versions of the Senate and of the House of
Representatives. Conference committee submits report on the reconciled version of the bill,
duly approved by both chambers. The Senate prints the reconciled version in its enrolled form.
Committee Hearings/Report
Committee conducts hearings and consultation meetings. It then either approves the
proposed bill without an amendment, approves it with changes, or recommends substitution or
consolidation with similar bills filed.
Calendaring for Second Reading
The Committee Report with its approved bill version is submitted to the Committee on
Rules for calendaring for Second Reading.
Second Reading
Bill author delivers sponsorship speech on the floor. Senators engage in debate,
interpellation, turno en contra, and rebuttal to highlight the pros and cons of the bill. A period
of amendments incorporates necessary changes in the bill proposed by the committee or
introduced by the Senators themselves on the floor.
Voting on Second Reading
Submission to Malacaang
Final enrolled form is submitted to Malacaang. The President either signs it into law, or
vetoes and sends it back to the Senate with veto message.
RULES of PROCEDURE Senate
SECTION 1. Power to Conduct Formal Inquiries or Investigations
The Senate or any of its Committees may conduct formal inquiries or
investigations in aid of legislation in accordance with these Rules.
Such inquiries may refer to the implementation or re-examination of
any law or appropriation, or in connection with any proposed legislation or
the formulation of, or in connection with future legislation, or will aid in the
review or formulation of a new legislative policy or enactment. They may
also extend to any and all matters vested by the Constitution in Congress
and/or in the Senate alone.
Senators vote on the second reading version of the bill. If approved, the bill is calendared
for third reading.
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The Lower Chamber follows the same procedures (First Reading, Second Reading and
Third Reading).
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Sec. 4. Quorum
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One third of all the regular members of the Committee shall constitute
a quorum but in no case shall it be less than two. The presence of ex officio
members may be considered in determining the existence of a quorum.
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Sec. 12. Testimony Under Oath
All witnesses at executive sessions or public hearings who testify as to
matters of fact shall give such testimony under oath or affirmation.
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Within fifteen (15) days after the conclusion of the inquiry, the
Committee shall meet to begin the consideration of its Report.
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Rules
of 2013
procedure governing inquiries in aid of legislation of the House of
Representatives
July
24,
RULES OF PROCEDURE GOVERNING INQUIRIES
IN AID OF LEGISLATION OF THE HOUSE OF REPRESENTATIVES
Republic of the Philippines
House of Representatives
16th Congress
Section 1. Power to Conduct Inquiries. Pursuant to Section 21, Article
VI of the Constitution, the House of Representatives or any of its
committees, may conduct inquiries in aid of legislation in accordance with
these rules.
The filing or pendency of a case before any court, tribunal or quasi-judicial
or administrative body shall not stop or abate any inquiry conducted to
carry out a legislative purpose.
a. upon a majority vote of all its Members, invite any other interested
committee(s) or Members thereof to attend its hearings: Provided, That the
committee(s) or Members thereof so invited shall not participate in the
preparation and approval of the report on the investigation; and
Any person so notified who believes that ones character or reputation was
adversely affected way, within seven (7) days after receipt of said notice:
Such statements or portions thereof that are relevant and germane to the
subject of the investigation may, at the conclusion of the testimony of the
witness, and upon the approval by a majority vote of the Members of the
committee, a quorum being present, be inserted in to the official transcript
of the proceedings.
A witness shall be allowed to request for and be granted postponement of
the appearance before the committee or sub-committee on grounds that
render such witness physically unable to attend the inquiry or
investigation: Provided, That the fact of physical inability to attend the
inquiry or investigation is supported by appropriate medical or other
certification as may be required by We committee or sub-committee,
and: Provided further, That no witness shall be granted more than two (2)
postponements of appearance before the committee without justifiable
cause.
Section 10. Rights and Duties of Persons Affected by Hearing.
Where applicable, any person named in a public hearing or in the released
record of testimonies given in executive sessions, who has not been
previously so names shall, within a reasonable time thereafter, be notified
of such fact by registered letter, return receipt requested, to the address of
such person last known to the committee. The notice shall include:
a. a statement that the person has been so named;
b. date and piece of hearing where the person was named;
c. name of the person who testified; and
Any person testifying under the foregoing provisions shall be accorded the
same privileges as any other witness appearing before the committee, and
may be questioned concerning any matter relevant and germane to the
subject of the investigation.
Section 11. Contempt. The committee may punish any person for
contempt by a vote of two-thirds (2/3) of the Members present, there being
a quorum. The following shall be grounds for citing any person in contempt:
a. refusal without legal excuse to obey summons;
b. refusal to be sworn or placed under affirmation;
c. refusal to answer any relevant inquiry;
d. refusal to produce any books, papers, documents or records that are
relevant to the inquiry and are in the possession of the concerned person; .
e. acting in a disrespectful manner towards any Member of the committee
or any misbehavior in the presence of the committee; or
f. undue interference in the conduct of proceedings during meetings.
Contempt of the committee shall be deemed contempt of the House. The
person cited in this section may, upon order of the committee, be detained
in such place as the Chairperson or acting Chairperson may designate.
Section 17. Plenary Action on the Report. The report, upon inclusion
in the Order of Business, shall be referred to the Committee on Rules for
appropriate action. The Committee on Rules shall, thereafter, include the
report in the Calendar of Business.
Upon inclusion of the report in the Calendar of Business, the Plenary may
approve or adopt, disapprove or reject, in whole or in part, the report and
its recommendation(s) or commit it to the archives.
Section 18. Internal Rules. The committee tasked to conduct an inquiry
may adopt internal rules of procedure: Provided, That these rules are
consistent with the Rules of the house and to these rules.