LEGISLATIVE DEPARTMENT

POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

IX. LEGISLATIVE DEPARTMENT

1. Structure of the Philippine Legislature

The legislative power of the Republic of the Philippines is vested in the Congress of the Philippines, which consists of two chambers:

  • Senate (Upper House)
  • House of Representatives (Lower House)

This bicameral structure is established under Article VI of the 1987 Constitution.

2. Composition of the Senate

  • Senators: 24 senators elected at large by qualified voters in the Philippines.
  • Term: 6 years, with a maximum of two consecutive terms.
  • Qualifications (Sec. 3, Art. VI):
    • Natural-born citizen of the Philippines.
    • At least 35 years old on the day of the election.
    • Able to read and write.
    • A registered voter.
    • Resident of the Philippines for not less than 2 years immediately preceding the election.

3. Composition of the House of Representatives

The House of Representatives is composed of:

  1. District Representatives: Elected by legislative districts throughout the country.
  2. Party-List Representatives: Constituting 20% of the total number of representatives.

District Representatives

  • Each legislative district represents around 250,000 inhabitants.
  • Term: 3 years, with a maximum of three consecutive terms.
  • Qualifications (Sec. 6, Art. VI):
    • Natural-born citizen of the Philippines.
    • At least 25 years old on the day of the election.
    • Able to read and write.
    • A registered voter in the district where he/she shall be elected.
    • Resident of that district for at least 1 year before the election.

Party-List System (Sec. 5(2), Art. VI)

  • A system designed to provide marginalized and underrepresented groups with legislative representation.
  • 20% of the total number of House seats are reserved for party-list representatives.
  • The Party-List System Act (RA 7941) governs the election process for party-list representatives.

4. Powers and Functions of Congress

The primary role of the Congress is to exercise legislative power, including the enactment, amendment, and repeal of laws. Specific powers include:

General Legislative Powers

Congress can legislate on any subject unless limited by the Constitution, which includes:

  • Power to Tax (Sec. 28, Art. VI).
  • Power of Appropriation (Sec. 24, Art. VI): Appropriation bills must originate from the House of Representatives, although the Senate may propose or concur with amendments.
  • Power of Oversight: Congress has the authority to conduct investigations and inquire into the operations of government agencies.

Specific Powers

  1. Declaration of War (Sec. 23(1), Art. VI): Congress, by a two-thirds vote of both Houses in joint session, can declare the existence of a state of war.
  2. Concurrence in Treaties (Sec. 21, Art. VII): Treaties and international agreements entered into by the President require the concurrence of at least two-thirds of all the members of the Senate.
  3. Amnesty (Sec. 19, Art. VII): The President can grant amnesty with the concurrence of a majority of all the members of Congress.
  4. Power to Confirm Appointments: The Commission on Appointments, composed of members from both the Senate and the House, confirms presidential appointments.
  5. Power of Impeachment (Sec. 2, Art. XI): The House of Representatives has the exclusive power to initiate impeachment, while the Senate has the sole power to try and decide impeachment cases.

Limitations on Legislative Power

  • Bill of Rights (Art. III): Congress cannot pass laws that violate fundamental rights (e.g., freedom of speech, religion).
  • Ex Post Facto Law and Bill of Attainder (Sec. 22, Art. III): No ex post facto law or bill of attainder shall be enacted.
  • Non-Delegation of Powers: Congress cannot delegate its law-making power except to administrative agencies in cases of clear standards (e.g., quasi-legislative powers).

5. Legislative Process

The legislative process involves several steps:

  1. Filing of Bills: A bill may be filed in either the Senate or House of Representatives, except appropriation, revenue, and tariff bills which must originate from the House.
  2. Committee Deliberations: After filing, the bill is referred to the appropriate committee for study, public hearings, and recommendation.
  3. Debate and Voting: Once reported out of the committee, the bill undergoes plenary debate, amendment, and voting in the chamber where it originated.
  4. Passage to the Other House: After approval by the first chamber, the bill is transmitted to the other chamber, which may approve, reject, or amend it.
  5. Conference Committee: If there are conflicting versions, a bicameral conference committee is convened to reconcile differences.
  6. Presidential Action: Once both Houses approve the reconciled version, the bill is sent to the President for approval or veto.
    • If the President approves, the bill becomes law.
    • If the President vetoes, Congress may override the veto by a two-thirds vote of both Houses.

6. Sessions of Congress

Congress holds regular sessions, special sessions, and joint sessions under specific circumstances:

  1. Regular Session: The regular session of Congress begins on the fourth Monday of July each year.
  2. Special Sessions: The President may call a special session to consider urgent legislation.
  3. Joint Sessions: Congress may convene in a joint session to declare war or hear the State of the Nation Address (SONA).

7. Privileges of Members of Congress

  • Immunity from Arrest (Sec. 11, Art. VI): Members of Congress are privileged from arrest during their attendance at sessions and in going to and returning from the same, except in cases of treason, felony, and breach of peace.
  • Freedom of Speech: No member shall be questioned or held liable in any other place for any speech or debate in Congress or in any committee.

8. Discipline and Ethics

Each House has the power to discipline its members for disorderly behavior by censure, suspension (for not more than 60 days), or expulsion with the concurrence of two-thirds of all its members (Sec. 16(3), Art. VI).

9. Quorum and Voting

A quorum in either House consists of a majority of all its members (Sec. 16(2), Art. VI). In the absence of a quorum, a smaller number may adjourn from day to day and may compel the attendance of absent members. Approval of bills generally requires a majority vote of members present, provided there is a quorum.

10. Special Congressional Powers and Public International Law

Congress plays a vital role in the interplay between domestic law and public international law, particularly in:

  1. Treaty Concurrence: As mentioned, the Senate concurs in international treaties and agreements under Sec. 21, Art. VII. The President negotiates and signs treaties, but they do not become binding without the Senate's approval.
  2. Legislation in Accordance with International Law: Congress is responsible for enacting laws that give effect to the Philippines' obligations under international treaties and conventions.
  3. Implementation of International Humanitarian Law: Under RA 9851 (Philippine Act on Crimes Against International Humanitarian Law), Congress has passed laws addressing war crimes, genocide, and other violations of international law, showcasing the legislative department’s role in aligning national law with international norms.

This detailed breakdown covers the legislative department's powers, structure, limitations, and processes as mandated by the 1987 Constitution, along with their implications in public international law.

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