University of San Carlos

Department of Political Science

Philippine Government & Constitution

Art VI. Legislative Department

Constitution of Governments

Members of Congress
Senate

H. Reps

Citizenship: Natural-born Filipino

Citizenship: Natural-born Filipino

Age: at least 35 yrs old on the day of election

Age: at least 25 yrs old on the day of election

Residence: at least 2 years prior to the election

Residence: at least 1 yr prior to the election on

the place of rep (for district reps)
Literacy: able to read and write

Literacy: able

to read and write

Other qualifications: registered voter

Other qualifications: registered voter in the place

of rep

(for district reps)

Composition: 24

Composition: 250

Max . no. of terms: 2

Max. no. of terms :3

No. of years per term: 6

No. of years per term: 3

Re-election/s : 1

Re-election/s: 2

How are they chosen?: Elected at large

How are they chosen?: Elected by districts

When are they chosen?: 2nd Monday of May

When are they chosen?: 2nd Monday of May

Removal from office:

Lapse of Term, expulsion by peers

Salaries/Privileges:

Determined by law
Increased is effective only after expiration of full term of all
congressmen approving such increase.
Parliamentary Immunity:
*Freedom from Arrest while Congress is in session & for
offenses punishable by not more than 6 yrs. Imprisonment
*Privilege of Speech & Debate no liability for any speech or
debate in Congress or any committee thereof.

Powers of Congress
1.) Legislative Power
2.) Counter-veto Power
3.) Concurrence of
Appointments
4.) Power of Legislative
Investigation & Question
Hour
5.) War Powers
6.) Power to Revoke or Extend
Martial Law Declaration or
Habeas Corpus Writ
Suspension
7.) Power to Concur
Presidential Amnesties
8.) Power to concur in treaties/

Agmt.
9.) Appropriation Power/ Power
of the Purse & Disbursement
Power
10.) Power to tax
11.) Electoral Powers
12.) Power to Judge the fitness
of the Pres
13.) Power of Impeachment
14.) Power vis--vis Natural
Resources
15.) Constituent Power

Classification of Powers
1.) General Legislative Power Power to enact laws
2.) Specific Powers powers w/c the constitution
expressly directs or authorizes
e.g. power to choose who will be the next Pres. in case 2 or more candidates have
equal and highest no. of votes
To confirm certain appointments by the Pres
To promote Social Justice
To declare the existence of a state of war
To impose taxes
To appropriate money
To impeach
To act as constituent assembly

3.) Implied Powers powers essential or

necessary to the effective exercise of the powers
expressly granted
e.g. power to conduct legislative inquiry and investigation in aid of legislation
To punish for contempt
To determine the rules of its proceedings

4.) Inherent powers powers w/c are possessed

and can be exercised by every government
because they exist as an attribute of sovereignty;
legislative in nature
e.g. power of taxation
power of eminent domain
police power

Counter-veto Power
A bill may become a law when the President
vetoes the bill and returns the same with his
objections to the house where it originated, and
the same is re-passed over his veto of 2/3 of all
the members of both houses.

Concurrence on Appointments
The Commission on Appointments is
composed of the President of the Senate, 12
senators and 12 members of the House of
Representatives
The Commission on Appointments shall act on
all appointments submitted to it within 30
session days. The Commission shall rule by a
majority vote.

Power of Legislative Investigation &

Question Hour
Must be done in aid of legislation
Must be done in conformity w/ the rules of
procedures
The rights of the person appearing in (witness)
or affected shall be respected
Extends hearings on other matters w/in its
jurisdiction notably power to impeach, to
promote amendments, and to take disciplinary
actions against its members

War Powers
The Congress, 2/3 vote of both Houses in joint
session assembled, voting separately shall have the
sole power to declare the existence of state of war.
The war contemplated here is a defensive kind of
war
Emergency powers may be granted by law to the
President only in times of war or national
emergency.

Power to Revoke or Extend Martial Law

Declaration or Habeas Corpus Writ Suspension
Martial Law it includes all laws that have
reference to and are administered by the
military forces of the State
- it is the law w/c has application when the
military arm does not supersede civil authority
but is called upon to aid in the execution of its
vital functions

Writ of Habeas Corpus - "you may have the body

is a writ (court order) that requires a person under arrest
to be brought before a judge or into court. The principle
of habeas corpus ensures that a prisoner can be released
from unlawful detentionthat is, detention lacking
sufficient cause or evidence. The remedy can be sought
by the prisoner or by another coming to the prisoner's
aid.
The suspension of the privilege of the writ shall apply only
to persons judicially charged for rebellion or offenses
inherent in or directly connected with invasion

Power to Revoke Martial Law Declaration or

Habeas Corpus Writ Suspension
The President must submit report in person or in
writing to Congress within 48 hours from the
proclamation Martial Law or suspension of the Writ
of Habeas Corpus to guide Congress in deciding the
action it should take (revocation or extension).
Congress is required to review the proclamation.
The proclamation or suspension may be revoked by
majority of the all the members of Congress voting
jointly.

Power to Concur in Presidential Amnesties

The President shall have the power to grant
amnesty with the concurrence of a majority of all
the members of Congress.

Amnesty an act of sovereign power granting

oblivion or a general pardon for a past offense
usually granted in favor of certain classes of
persons who have committed crimes of a political
character (treason, sedition, rebellion)

Power to Concur in Treaties / Agmt

A treaty or international agreement shall be
valid with the concurrence of at least twothirds of the Members of the Senate.

Appropriation Power/ Power of the Purse

and Disbursement Power
All appropriation, revenue or tariff bills, bills
authorizing increase of public debt, bills of local
application and private bills shall originate
exclusively in the HR, but the S may propose or
concur with the amendments.
HR is a more popular branch of Congress, being
closer to the people should have the privilege of
taking in the initiative in the proposal of revenue
and tax projects, the disposal of peoples money

 Nota bene:
The President does not have the authority
to transfer funds from one department to
another because he is not invested with the
legislative power to appropriate [Sec. 25 (5)]

Thus, making DAP unconstitutional!

Power to tax
Progressive system of taxation provides that
the rate of tax increases as the tax base or
bracket (amount of income) increases.

Electoral Powers
The Senate and the House of Representatives
shall each have an Electoral Tribunal which
shall be the sole judge of all contests relating
to election, returns, and qualifications of their
respective members.
9 members: 3 Justices, 6 S & HR

Power to Judge the Fitness of the Pres.

Congress shall have the power to decide by a
vote of 2/3 of both Houses, voting separately,
that the President is unable to discharge the
powers and duties of his office.

Power to Impeach
The House of Representatives shall have the
exclusive power to initiate all cases of
impeachment.
The Senate shall have the sole power to try
and decide all cases of impeachment.

Constituent Power
Congress upon a vote of of all its members
may propose any amendment or revision of
the Constitution.

How does a Bill become a Law

1.) First Reading
2.) Referral to appropriate committee
3.) Second Reading
4.) Debates
5.) Printing and Distribution
6.) Third Reading
7.) Referral to the other House
8.) Submission to joint bicameral committee
(differences in version)
9.) Submission to the President