House of Representatives | Chambers of Congress; Composition; Qualifications | LEGISLATIVE DEPARTMENT

House of Representatives: Composition, Qualifications, and Legislative Framework

The House of Representatives is one of the two chambers of the Congress of the Philippines, the other being the Senate. The Philippine Congress is a bicameral legislature, which means it is composed of two separate chambers: the Senate and the House of Representatives. This section outlines the fundamental elements of the House of Representatives, including its composition, the qualifications for membership, and relevant provisions under the 1987 Philippine Constitution.

1. Composition of the House of Representatives

The House of Representatives consists of members elected from legislative districts and through a party-list system. Its members are officially referred to as Congressmen or Representatives.

A. Legislative District Representatives

  • District Representatives are elected by qualified voters of legislative districts, each of which corresponds to a specific geographic area.
  • Legislative districts are apportioned based on population and other considerations such as territorial size and continuity.
  • Under Article VI, Section 5(1) of the 1987 Constitution, the number of legislative districts must be:
    • Apportioned according to the number of inhabitants of each area, with each district representing approximately 250,000 people.
    • The law must define each district’s boundaries.

B. Party-List Representatives

  • Party-list Representatives are elected under the party-list system, where marginalized and underrepresented sectors can obtain seats in Congress.
  • Under Article VI, Section 5(2) of the Constitution, the party-list system allows:
    • Sectoral, labor, peasant, urban poor, indigenous cultural communities, women, and other similar groups to gain representation.
  • The party-list representatives constitute 20% of the total membership of the House. However, no party-list organization can have more than three seats in the House.

C. Maximum Number of Representatives

  • The Constitution sets a maximum of 250 representatives, although the actual number can be increased by law as districts may be re-apportioned due to population changes.
  • However, party-list representation is always set at 20% of the total number of House members.

D. Apportionment and Reapportionment

  • Apportionment and the creation of new legislative districts is governed by population data, and adjustments occur following each national census.
  • New districts must comply with the constitutional mandate that each district represents approximately 250,000 inhabitants. Congress can create or reapportion districts through legislation.

2. Qualifications of Members of the House of Representatives

Under Article VI, Section 6 of the 1987 Constitution, the qualifications for a District Representative and a Party-list Representative are the same:

  1. Citizenship: A member of the House of Representatives must be a natural-born citizen of the Philippines. A natural-born citizen is one who is a citizen from birth without having to perform any act to acquire or perfect their citizenship.

  2. Age Requirement: A member must be at least 25 years old on the day of the election.

  3. Literacy: The member must be able to read and write.

  4. Registered Voter: For district representatives, they must be a registered voter in the district in which they are running.

  5. Residency Requirement: For district representatives, the candidate must have been a resident of the district for at least one year immediately preceding the day of the election.

The Constitution does not specify any educational qualifications for Representatives, nor does it require any particular profession or background.

3. Term of Office

  • Term Duration: The term of office for members of the House of Representatives is three (3) years.
  • Limit on Terms: A Representative may be re-elected but cannot serve for more than three consecutive terms (i.e., a total of 9 years in consecutive service). However, after a break in service, the Representative may run again for another set of terms.

4. Powers and Functions of the House of Representatives

The House of Representatives has the following key powers:

A. Legislative Powers

  • The primary function of the House of Representatives is lawmaking. Bills may originate from either the House or the Senate, except for certain specific bills, such as those relating to appropriations, revenue, or tariffs, which must exclusively originate from the House (Article VI, Section 24).

B. Power of Impeachment

  • The House of Representatives has the exclusive power to initiate all cases of impeachment. Under Article XI, Section 2 of the Constitution, impeachable officials include the President, Vice President, Justices of the Supreme Court, and members of Constitutional Commissions.
  • A verified complaint for impeachment must be filed by any member of the House or endorsed by one-third of all its members for automatic referral to the Senate for trial.

C. Electoral Tribunal

  • The House of Representatives, along with the Senate, constitutes its own Electoral Tribunal, which decides on all contests relating to the qualifications, elections, and returns of its members.
  • The House of Representatives Electoral Tribunal (HRET) is composed of nine members, with three Supreme Court justices and six members of the House of Representatives.

5. Legislative Process: House of Representatives

  • Initiation of Bills: Most bills can originate in either House, except for money bills (which must originate in the House). All bills must undergo three readings in each chamber before they become law.

  • Passage of Bills: A majority vote of all members present (constituting a quorum) is required to pass a bill.

  • Bicameral Conference Committee: When the Senate and the House pass differing versions of a bill, a bicameral conference committee is formed to reconcile the differences.

  • Approval by the President: After a bill passes both chambers, it is transmitted to the President for approval. The President may sign the bill into law, veto it, or allow it to become law without a signature after 30 days of receipt.

6. Leadership in the House of Representatives

The House of Representatives is led by the Speaker of the House, who is elected by its members. The Speaker has the following powers and functions:

  1. Presiding over sessions and maintaining order.
  2. Assigning bills and other matters to appropriate committees.
  3. Representing the House in all external matters, including relations with the Senate and the President.

The House also has Deputy Speakers, a Majority Floor Leader, and a Minority Floor Leader.

7. House Committees

To efficiently manage legislative work, the House of Representatives operates through various committees. Committees are specialized to handle different areas, such as:

  • Appropriations (budget-related matters)
  • Ways and Means (taxation and revenue)
  • Constitutional Amendments
  • Justice
  • Public Works
  • National Defense

These committees review bills before they reach the plenary for discussion.

8. Party-List System

The Party-list system is provided under Republic Act No. 7941 (Party-List System Act) and is an innovation aimed at ensuring representation for marginalized and underrepresented sectors. Under the 20% rule, the Constitution ensures that sectors such as labor, peasantry, urban poor, women, and indigenous groups are represented.

  • Sectoral Representatives: Elected from the party-list system represent marginalized and underrepresented sectors.
  • The Supreme Court ruling in the case of Ang Bagong Bayani v. COMELEC provided clarity on the eligibility of party-list groups, stating that only those representing marginalized sectors should qualify for party-list seats.

Conclusion

The House of Representatives plays a critical role in the democratic governance of the Philippines by enacting laws, representing the people, and performing oversight functions. Its structure, composition, and the processes it follows are crucial to maintaining the checks and balances envisioned by the 1987 Constitution.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.