Legislative Department

Legislative Power is the authority to make laws and to alter or repeal them. The power is
vested in the Senate and House of Representatives, both of which consist the Congress of the
Philippines. The 1987 Constitution has thus restored bicameralism.

In republican system, 2 kinds of legislative powers:

1. Original legislative power

2. Derivative legislative power

This is the kind of power that is vested in Congress.

Legislative power can also be classified into constituent, which is the power to amend or revise
the Constitution, and ordinary, which is the power to pass ordinary laws.

Legislative Positions

Position Level
Senator National
Congressman
Boardmember
Vice Governor
Local
Vice Mayor
City/Municipal Councilors
Barangay Councilors

The Senate

Composition: 24 senators
Qualifications:
1. Natural-born citizen of the Philippines, and on the day of the election, at least 35 years of
age
2. Able to read and write
3. Registered vote, and a resident of the Philippines for not less than 2 years immediately
preceding the day of election
Term of Office: 6 years
Limitation: No senator shall serve for more than two consecutive terms.

The House of Representatives

Composition: Not more than 250 members, unless otherwise provided by the law
Qualifications:
1. Natural-born citizen of the Philippines, and on the day of the election, at least 25 years of
age
2. Able to read and write
 3. Except the party-list representatives, a registered voter in the district in which he shall be
elected, and a resident thereof for not less than one year immediately preceding the day
of the election.
Term of Office: 3 years
Limitation: shall not serve for more than 3 consecutive terms.

Powers of Congress:

1. General (plenary) legislative power power to propose, enact, amend and repeal
laws.
2. Power of appropriation Congress has the spending power or power of the purse.
The power of appropriation carries with it the power to specify the project or activity to be
funded under the appropriation law.
3. Power of taxation basis of taxation: a. necessity because government cannot exist
and function without means to pay its expenses; b. reciprocal duties of protection and
support between the state and inhabitants. 2 aspects of taxation:
a. Levy refers to the legislative act of imposing the tax, which is exercised by
congress
b. Collection refers to the administrative act of collecting the tax, particularly
exercised by the Bureau of Internal Revenue
4. Power of legislative investigation the senate or the House of Representatives may
conduct inquiries in aid of legislation in accordance with its duly published rules of
procedure. Limitations: a. in aid of legislation; b. in accordance with duly published rules
of procedure; c. rights of persons appearing in, or affected by such inquiry shall be
respected.
5. Question hour
6. War powers by a vote of 2/3 of both house in joint session assembled, voting
separately, declare the existence of a state of war
7. Power to act as Board of Canvassers in election of president
8. Power to call a special election for President and Vice President
9. Power to judge the Presidents physical fitness to discharge the function of the
Presidency
10. Power to revoke or extend suspensions of the privileges of the writ of Habeas
corpus or declaration of martial law
11. Power to concur in Presidential amnesties, Concurrence of majority of all the
member of congress
12. Power to concur in treaties or international agreements, Concurrence of at least
2/3 of all the members of the senate
13. Power to confirm certain appointments/nominations made by the President
14. Power of impeachment
15. Power relative to natural resources
16. Power to proposed amendments to the Constitution
 Legislative
Reviews and evaluates proposals, position papers
Conducts research on proposed bills and position papers
Consults experts
Defends and analyzes proposed bills

A N A L Y S T