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Philippine Legislature - Structure and Functions

 

Legislative Structure 

The Philippine Congress is divided into two chambers, namely the Senate and the House of Representatives referred to as the Upper House and the Lower House respectively. They are located in opposite sides of Metropolitan Manila, the Senate at the GSIS Building, Financial Center in Pasay City and the House of Representatives at the Batasan Complex in Quezon City. Each House has its own set of officers and rules to guide its daily proceedings. Each also has its own Journal which is a summary of the plenary session and a Record of Proceedings which is a verbatim output of the day's activities.

 

The Senate 

The Senate consists of 24 Senators elected at large. Under synchronized elections, 12 Senators are elected every three (3) years. Each has a term of six years. In 1992, 24 senators were elected. The first 12 have a term of six years and the other twelve had a shorter term of three years which lasted until 1995. Starting with the 1995 elections, the 12 newly elected senators won their seats for six years (1995-2001). Another set of 12 senators was elected in May of 1998 to serve a six year term (1998-2004). The term of a senator, as provided for in the Constitution, starts at noon on the 30th day of June following their election. The Constitution also limits their stay in office to no more than two (2) consecutive terms.

 

The House of Representatives

The 1987 Constitution provides that the House of Representatives shall be composed of not more than 250 members, unless otherwise fixed by law, who shall be elected from legislative districts and through a party-list system. The Representatives (of legislative districts and party list) shall have a term of three years commencing at noon of the 30th day of June following their election and are limited to serving a maximum of three (3) consecutive terms. The Representatives of legislative districts are elected from the provinces, cities and the Metropoltian Manila area, which are divided into legislative districts. Seats are apportioned according to the number of inhabitants and are reapportioned within three years following the return of every census. Article VI of the Constitution specifically allocates one representative for every city with a population of at least 250,000. Article VI, Section 5 of the 1987 Constitution provides that out of the total number of Members, twenty percent (20%) shall come from Party-List (PL) representatives, one-half of which shall be filled by sectoral representatives for the first three terms of Congress (1987-1998). In response to this constitutional provision, the Ninth Congress enacted a party-list law, Republic Act 7941, which provides for a system of proportional representation in the election of Representatives from national,regional, and sectoral parties, organizations or coalitions.* Under the law, parties, organizations, and coalitions shall be entitled to a seat in the House of Representatives in proportion to the total number of votes they receive in the party-list election. The party-list law further provides that each party, organization, or coalition shall be entitled to not more than three (3) seats. The first election under the party-list system was held in May 1998, where every voter was entitled to two (2) votes: the first vote is for a candidate to be a member of the House of Representatives in his/her legislative district, and the second vote is for the party-list representative. In the 10th Congress, 22 sectoral representatives were appointed by the President to fill the posts of party-list representatives until 1998. Among the sectors represented were the peasant, labor, women, cultural communities, urban poor and youth sectors. The 10th Congress of  201 Representatives, 82 were third termers; 70 were second termers; and 47 were first termers.

 

Legislative Powers and Functions 

Under Article VI of the Philippine Constitution, the Legislative branch is vested with the following powers and functions:

  • Propose, review and adopt bills for enactment into law

  • Conduct studies and inquiries in aid of legislation and investigations necessary in the lawmaking process and in the oversight of the execution of laws by the executive

  • Propose appropriations, revenue or tariff bills; bills authorizing increase of the public sector debt; bills of local application and private bills

  • Concur in all treaties and international agreements

  • Exercise the constitutional right and responsibility of advice and consent on certain presidential nominations through the Commission on Appointments

  • Judge the election, returns and qualifications of its members, determine the rules of its proceedings, and punish its members by suspension or expulsion for disorderly behavior

  • Authorize the President to exercise emergency power in times of war or national emergency

  • Propose amendments to the Constitution for ratification by the people

  • Call for a constitutional convention  

The power to ratify treaties belongs exclusively to the Senate while bills on appropriations, revenue or tariff bills, bills authorizing increase of public debt, bills of local application, and private bills originate from the House of Representatives. The Constitution also provides substantive and procedural limitations on the legislative power enjoyed by Congress.

 

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