IX. LEGISLATIVE DEPARTMENT

B. Chambers of Congress; Composition; Qualifications

The Legislative Department of the Philippines is vested in the Congress of the Philippines, which is a bicameral body composed of two chambers: the Senate and the House of Representatives.

1. The Senate

The Senate is the upper chamber of Congress, composed of 24 Senators who are elected at large by the qualified voters of the Philippines.

a. Composition

The Constitution provides that the Senate shall be composed of 24 members. These members are elected nationwide, meaning every qualified voter in the country votes for their preferred senatorial candidates.
Senators serve a term of six (6) years and may serve for no more than two consecutive terms (Article VI, Section 4 of the Constitution).

b. Qualifications for Senators (Article VI, Section 3)

A candidate for the Senate must possess the following qualifications:

Natural-born citizen of the Philippines – Only natural-born citizens, i.e., those who do not have to perform any act to acquire or perfect their Philippine citizenship, are eligible to run for the Senate.
At least 35 years of age on the day of the election – The candidate must be at least 35 years old at the time of the election.
Able to read and write.
A registered voter.
A resident of the Philippines for not less than two (2) years immediately preceding the day of the election.

c. Term of Office

Senators are elected for a term of six (6) years and can serve for two consecutive terms.
After serving two consecutive terms, a senator is ineligible to run for the Senate in the immediate succeeding election but may run again after one term has passed.

2. The House of Representatives

The House of Representatives is the lower chamber of Congress and is composed of:

District Representatives, elected from legislative districts.
Party-list Representatives, elected under the party-list system of representation.

a. Composition

The Constitution provides for not more than 250 members unless otherwise fixed by law (Article VI, Section 5).
The House is composed of district representatives, who are elected from legislative districts apportioned among the provinces, cities, and Metropolitan Manila based on population and other factors.
Party-list representatives are chosen under the party-list system, which represents marginalized and underrepresented sectors.

b. Apportionment

Legislative districts are apportioned based on population, with each district having at least 250,000 inhabitants as required by the Constitution (Article VI, Section 5).
Apportionment is done by law, meaning Congress may enact laws to adjust the number and boundaries of legislative districts based on population shifts.

c. Party-list System

Party-list representatives constitute 20% of the total number of representatives, including those under the party-list system.
The party-list system allows for marginalized, underrepresented sectors, and their organizations to be represented in Congress.
The qualifications for party-list representatives are determined by law, as provided under Republic Act No. 7941 or the Party-List System Act.

d. Qualifications for Members of the House of Representatives (Article VI, Section 6)

A candidate for the House must possess the following qualifications:

Natural-born citizen of the Philippines.
At least 25 years of age on the day of the election.
Able to read and write.
A registered voter in the district in which they are elected (for district representatives).
A resident of the district for not less than one (1) year immediately preceding the day of the election (for district representatives).

e. Term of Office

Members of the House of Representatives serve a term of three (3) years.
They are limited to three (3) consecutive terms.
After serving three consecutive terms, a member is ineligible to run for the House in the immediate succeeding election but may run again after one term has passed.

3. Special Provisions for Both Chambers

Ineligibility of Senators and Representatives

No senator or representative may hold any other office or employment in the government during their tenure, except if appointed by the President to any government position (Article VI, Section 13).
No senator or representative shall be appointed to any office which may have been created or the emoluments thereof increased during their term (Article VI, Section 13).

Prohibition Against Holding Multiple Offices

Members of Congress are prohibited from holding any other government office or employment while serving in Congress (Article VI, Section 13).

Salaries and Compensation (Article VI, Section 10)

The salary of senators and representatives shall be determined by law. Any increase in salary cannot take effect until after the expiration of the full term of the incumbent members of Congress approving such increase.

Vacancies (Article VI, Section 9)

When a vacancy occurs in the Senate or the House, a special election may be called to fill the vacancy, provided it happens at least 18 months before the next regular election.

Immunity from Arrest (Article VI, Section 11)

Senators and members of the House of Representatives are privileged from arrest while Congress is in session in all offenses punishable by not more than six years imprisonment.
They may not be questioned in any other place for any speech or debate in Congress or in any of its committees.

Disclosure of Financial Interests (Article VI, Section 12)

Every member of Congress must disclose their financial and business interests, which is a transparency measure to prevent conflicts of interest.

4. Privileges and Responsibilities

Congressional Immunity

Members of both chambers are immune from arrest during their attendance at sessions of Congress and in going to or returning from the same, except in cases of treason, felony, or breach of the peace.

Power of Inquiry

Congress has the power to conduct inquiries in aid of legislation. Any committee may compel the attendance of witnesses and the production of documents.

Exclusive Power to Propose and Approve Bills

All bills, including appropriations, revenue, and tariff bills, must originate in the House of Representatives. However, the Senate may propose or concur with amendments (Article VI, Section 24).

Concurrence of the Senate in Treaties and Appointments

The Senate must concur, by a vote of at least two-thirds of all its members, before any treaty entered into by the President becomes valid and effective.
The Senate also has the power to confirm certain appointments made by the President through the Commission on Appointments, which is composed of members from both chambers.

This detailed breakdown outlines the composition, qualifications, and responsibilities of members of both chambers of the Congress of the Philippines. The bicameral structure ensures a system of checks and balances within the legislative department, with members elected to represent the diverse interests of the Filipino people.