CHAPTER 8

Legislative Department
Congress of the Philippine

- Senate

- House of Representative

Senate (Sec 2)

- Composed of 24 senators

- Training ground for national leaders and possibly a springboard to presidency.

- Qualifications (Sec 3)

o Natural born citizen – citizen from birth without performing act of acquiring

o At least 35 years old

o Able to read and write

o Registered voter

o Resident (habitual residence) of Philippines for 2 years

- Term (Art 6, Sec 4)

o 6 years, two consecutive term (12 years)

o Can’t be senator for more than 12 years, can either seek for presidency

House of Representative (Sec 5)

- 250 members

- 2 kinds of members

o Direct representative

 200 members

 Elected directly and personally from territorial unit he is seeking to represent

created by the Ordinance appended to the 1987 Constitution

 3 years

 In 250 thousand and every province shall have at least one representative

o Party-list Representative
  Constitute 20% total member of house of representative

 3 consecutive terms

• 90 before

o Any political party, organization coalition may file a varied petition

through president or secretary for its participation in the party-list
system, attaching the copy its constitution by laws, platform and list
of officers and other relevant information as may required by
commission of election

o Petition published at least 2 newspaper of general circulation after

due notice and hearing be resolve within 15 days and no case later
than 60 days before election.

• Registration

o Group shall submit to COMELEC not later 45 days before election

at least 5 names from which its representative may be chosen in
case obtained required number of votes

 Every voter shall entitled 2 votes: direct and part-list

 Party-list shall have the same rights and subject to same inhabitation and
disqualification as district

 Party list who change his group shall forfeit his seat, change within 6 months
before election, shall not be eligible for nomination as party list representative
under his new party or organization

o Qualifications (Sec 6)

 Natural born citizen

 At least 25 years old

 Able to read and write

 Registered voter in the district he shall be elected

 Resident for not less than 1 year

o Term (Sec 7)

 3 years, 3 consecutive terms (9 years)

Election (Sec 9)

- Held on 2nd Monday of May for every 3 years

 - All members of house of representative and ½ of senate shall be up for election or re-election
if allowed

- In case of vacancy in senate or house of representative, special election may called in manner
prescribed by law, shall only serve only for the unexpired term

Salaries (Art 6, Sec 10 and 20)

- Salaries shall be determine by law

- No increase shall take effect until expiration of full term of Congress approving such increase

- Record and books of accounts shall be preserved and open to public, such books shall be
audited by commission of audit which shall publish annually itemized list of amounts paid and
expenses incurred for each members

Parliamentary Immunities (Sec 11)

- Offenses punishable by not more than 6 years of imprisonment, be privileged from arrest while
congress in session

- No members shall be questioned nor liable in any other place for any speech or debate in
Congress to in any committee

- Privilege from Arrest

o Intended to ensure the representative by preventing attempts to keep him from

attending its session

o Immunity from arrest except criminal offenses with result that legislator could claim the
same against civil arrest

o Session entire period from its initial convening until final adjournment

- Privilege of Speech and Debate

o Remarks must be made while legislator or legislative committee in session

o Must made in connection with discharge official duties

Conflict of Interest (Sec 12)

- All member make full disclosure of their financial and business interest

- Shall notify the house concerned of potential conflict of interest that may arises from filing of a
proposed legislation of which they are authors

Incompatible and Forbidden Offices (Sec 13)

- Incompatible offices not held by legislature during his tenure in congress, purpose to prevent
him from owing loyalty to another branch of government
 o Any legislator hold another office or employment in the government provided he forfeit
his position in congress

- Forbidden office member willing to forfeit his seat, may not be appointed to any office in
government that has been created or emoluments thereof have increase during his term

o Prevent trafficking in public office

o Certain legislator, not sure of re-election, might work for the creation or improvement of
lucrative position and combination with president, arrange their appointment in order to
provide their future security at the expense of public service, not apply to elective
officers

o Appointment of member of congress to forbidden office not allowed only during the term
which he was elected. After term, even if legislator is re-elected disqualification no
longer applies and may be appointed to the office

Inhibitions and Disqualifications (Sec 14)

- No members of congress may personally appear as counsel for any court of justice

- Neither shall be interested financially in any contract with any franchise or special privilege
granted by government during his term of office, prevent abuses from being committed by
member of congress prejudice of public welfare and particularly legitimate contractors with
government who might placed at disadvantageous position

- Not intervene in any matter before any office of government for his pecuniary benefit or where
he may called upon to act on account of his office

- Purpose of disqualification prevent legislator from exerting undue influence upon the body
where he is appearing

- Lawyer-legislator may still engage in practice of his profession except when it comes to trials
and hearing before the bodies of government, appearance made not by him but other member
of his law office

Sessions (Sec 15)

- Regular session, 4th Monday of July, unless a different date is fixed by law, shall continue be in
session until 30 days before the opening of next regular session, exclusive Saturdays,
Sundays and legal holidays

- President may call a special session at any time

Officer (sec 16:1)

- Senate shall elect its president and house of representative its speaker by majority vote of all
respective members

- each house shall choose such other officer as it may deem necessary
 - Senate president and speaker of the house don’t have fixed term and may replaced any time
at the pleasure of majority of all members of their respective chambers

Quorum (Sec 16:2)

- Constitute quorum to do business but smaller may adjourn from day to day, and may compel
the attendance of absent members in such manner and such penalties as house may provide

- Majority of each house (50+1)

Discipline of Member (Art 6, Sec 16:3)

- Determine its rule on proceeding, punish its members for disorderly behavior and concurrence
2/3 suspend or expel member.

- Penalty of suspension shall not exceed 60 days

- Court may annul any expulsion or suspension when it’s not concurred in by 2/3 of congress

Journals (Sec 16:4)

- Shall keep journals of its proceedings, time to time publish excepting parts: judgment, affect
national security and yeas and nays, can only be publish at request of 1/5 of members present
entered in the journal

o Useful when interpretation of laws through study of debates held and informing people
of official conduct of their respective legislators

- Shall also keep records of its proceedings

- Enrolled bill which has duly intoduces finally passed by both houses signed by proper officers
of each, apprived by governemnt or president and filed by the secretary of state

- Journal a resume or minutes of what transpire during legislative session, word for word
transcript proceeding taken during session

Adjournment (Sec 16:5)

- Neither the member of congress can adjourn for more than 3 days without consent of other or
to any other place than where two house shall be sitting

- Necessary to have prior agreement before either of them decides to adjourn for more than 3
days but if both of the houses residing in one political unit may sit without consent of the other

The Electoral Tribunals (Sec 17)

- Shall be the sole judge of all contest relating to the election , returns and qualifications of their
respective members

o Not appealable in supreme court except cases where there is a clear showing of grave
abuse of discretion
 - Each tribunals composed of nine members, 3 shall be justices of supreme court to be
designated by chief justice, remaining 6 shall be members of senate or house of representative

- Senior justice in electoral tribunal shall be its chairman

Commission on Appointments (Sec 18)

- Senate president as ex officio chairman, 12 senators and 12 house of representative elected

by each house on basis of proportional representations

- Chairman of the commission shall not vote except in case of tie

- Shall act on all appointments submitted to it within 30 session days of the congress from their
submission

- Shall rule be majority of vote of all members

Organization (Sec 19)

- Electoral tribunals and commission of appointments shall constitutes within 30 days after
congress shall have election of the president and speaker

- Commission on appointments shall meet only while the congress in session at the call of
chairman to majority of all members to discharge such powers and functions as are conferred
upon it

- Appointments made during the recess subject to consideration later by commission for
confirmation or rejection

- Congress in session, president must clear his nomination with commission on appointment,
which why must be constitutes as soon as possible unless organized no appointment shall be
made by president in the meantime

- Electoral tribunals need for their early organization considering the rash election contest
already waiting to be filed after even before the proclamation of winners

- Electoral tribunals are suppose to continue functioning even during the recess