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Legislative Power

the authority under the Constitution to make laws and to alter and repeal them power to propose, enact, amend and repeal laws vested in Congress, except to the extent reserved to the people by provision on initiative and referendum.

Suffrage - Right and obligation to vote in election of certain national and local officers of the Government and in the decision of public questions submitted to the people. Plebiscite - the process by which a proposed amendment to the constitution is submitted to the people for approval Referendum - the process by which a proposed law or a part thereof is submitted to the people for approval Initiative - the process by which the people directly propose and enact laws or amend the constitution.

The peoples participation in the Government consist of:

formation of one legislative 1. Maintain proportional, representation based on number of inhabitants; district out of separate Each city with not less than 250 thousand inhabitant, entitled to at least one territories for a purpose of(1) representative favoring a candidate ornumber of Each province, irrespective of the inhabitants, entitled to at least one (1) party.representative
2. Each district must be contiguous, compact and adjacent. Gerrymandering is not allowed.

Apportionment of Legislative District

Reapportionment within 3 years following return of every census.

Qualifications of Senators
(a) a natural-born citizen of the Philippines
(b) at least 35 yrs. of age on the day of election (c) able to read and write (d) a registered voter (e) a resident of the Philippines for not less than two (2) years immediately preceding the day of the election.

Qualifications of House of Representatives:


(a) a natural born citizen of the Philippines (b) at least 25 yrs. of age on the day of Election (c) able to read and write

Election
Kinds of Election

Regular Election- held on second Monday of May. Special Election- It may be called in case vacancy rises in the Senate or H.O.R to fill such vacancy in the manner prescribed by law.

Sessions

Regular session- once every year on the 4th Monday of July up to 30 days before the next regular session unless a different date is fixed by law. Special Session- takes place when the President calls Congress, during the time that it is in recess, to session to consider such subjects or legislations as he may suggest. Executive sessions- secret meetings of Congress; a closed session held when the issue involves national security.

Discipline of Members

Nature not specified in the Constitution since it would exist, whether expressly conferred or not. Form of punishment reprimand, fine, forfeiture of salary, imprisonment, suspension, and expulsion. Contempt committed by non-members congress may punish for disorderly behavior of any other person

Congressional Electoral Tribunals


Composition:
Composed of 9 members 3 Justices of Supreme Court 6 members of the Senate or the House of Representatives Shall be constituted within 30 days It has exclusive jurisdiction over all contests Reason for creation Under the 1973 constitution Given to the Commission on Elections To be free from the control of political parties To insure a fair and impartial determination of election contests Enables Congress to concentrate on its proper function, lawmaking

Commission on Appointments in Congress


Composition, constitution and nature

Power or Function

Composed of 25 members President of the Senate as ex officio chairman 12 senators 12 members of the House of Representatives Power is to approve or disapprove appointments submitted to it by the President It must act on all appointments, by a majority vote of all the members, within 30 days of Congress

The CA does not curtail the Presidents appointing authority but serves as a check against its abuse. It assures that the President has exercised the power to appoint wisely, by appointing only those who are fit and qualified.

Powers of Congress

General legislative power it is the power to enact laws intended as rules of conduct to govern the relations among individuals or between individuals in the state. Specific powers they are powers which the constitution expressly directs or authorizes Congress to exercise like the power to choose who shall become President in case 2 or more candidates have an equal and highest number of votes, to confirm certain appointments of the President, to act as a constituent assembly to impeach, etc.

Implied powers They are those essential or necessary to the effective exercise of the powers expressly granted, like the power to conduct inquiry and investigation in aid of legislation, to punish contempt, to determine the rules of its proceedings, etc. Inherent powers they are the powers which are possessed and can be exercised by every government because they exist as an attribute of sovereignty.

Executive power Powers of the Congress to appoint its officers, affirm treaties, confirm presidential appointees through the Commission on Appointments and remove power.

Director/Supervisory power The Congress of the Philippines exercises considerable control and supervision over the administrative branch.
Electoral power These are powers of the Congress to elect its presiding officer, act as board of canvassers for the canvass of presidential/vice presidential votes. Judicial power This power of Congress will enable it to pass judgment upon certain parties/courses of action. Miscellaneous powers The other powers of the Congress mandated by the Constitution.

Classification of Powers: Legislative

General or plenary power Specific power of appropriation,


taxation, and expropriation Legislative Investigations Question hour

Non-legislative

Canvass presidential elections Declare existence of a state of war Delegation of emergency powers Call special election for President and VicePresident Give concurrence to treaties and amnesties Propose constitutional amendment Confirm certain appointments Impeach Decide the disability of the President because majority of the Cabinet disputes his assertion that he is able to discharge his duties. Revoke or extend proclamation of suspension of privilege of writ of habeas corpus or declaration of martial law Power with regard to utilization of natural resources

QUESTION HOUR 1. As to persons who may appear Only a department head

LEGISLATIVE INVESTIGATION Any persons

2. As to who conducts the investigation


3. As to subject matter

Entire body

Committees

Matters related to Any matter for the the department only purpose of legislation

Steps in the Passage of Bill :


1) 2)

3)
4) 5) 6) 7) 8) 9)

First Reading The bill is read by its number and title and The the bill name/names is read againof inauthor its entirety or Referred to the appropriation Committee authors. together with the amendments, if Second Reading any, proposed by the committee. Full Debate and Disclosure Printing and Distribution Only the title is read on the Third and Final Reading floor,: Nominal voting held. Submission/Transmittal to the other house Joint Bicameral Conference Committee Submission to the President
1) 2) 3)

Sign the bill into Law Vetoes the Bill and return it to the origin house Inaction within 30 days

Kinds of Bill
Revenue Bill is a draft of a law submitted to the Appropriation

consideration of a legislative body for its adoption the primary Imposing and custom specific duties purpose

of which for revenue is to raise purposes. revenue

Bill

Is one the primary and specific aim of which Tariff Bill is to make appropriations of money from the public treasury.

one affecting purely private interest such as one granting Bill authorizing increase to a person or corporation One affecting purely local or

Bill of Local Application

of

the public debt municipal concerns

bill for the issuance a Private bill provide of bonds and other forms of obligations

Parts of a Law

Republic Act No. 386 has for its enacting Title - clause It announces the subject matter of the act. Be it enacted by the Senate and Preamble - It follows the title and the House of Representatives of precedes the Philippines enacting clause. in Congress Assembled

Enacting Clause immediately precedes the body of


the statute and it serves as a formal means of identifying the legislative body that enacts the law.

Body - It is a portion containing law or statute itself. Effectivity Clause It is that portion providing the
time when the law shall take effect.

Party List System

is a method of electing representatives to the House of Representatives by voting for the party to which they belong. It is defined as a method of voting by proportional representation in contrast to the traditional method of voting through the single member district or constituency. Article 6,section 5 (1 & 2) the House of Representatives shall be composed of not more than 250 members, unless otherwise fixed by law. Twenty percent of the House membership shall be elected through the party-list system of voting." Since there are 206 legislative districts in the Philippines today, twenty percent of this is 51. Thus, the Comelec provides for 51 seats available for the party-list.