LEGISLATIVE POWER

(POLITICAL LAW AND PUBLIC INTERNATIONAL LAW)

I. Definition and Nature of Legislative Power

Legislative Power is the authority to make, alter, and repeal laws, conferred by the Constitution upon the legislative department. In the Philippines, this power is primarily vested in Congress, composed of the Senate and the House of Representatives. Article VI of the 1987 Philippine Constitution outlines the structure, powers, and limitations of the legislative department.

Congress is a bicameral body, consisting of the Senate and the House of Representatives.

Scope of Legislative Power

Plenary Power: Legislative power is broad, except where restricted by the Constitution.
Police Power: Congress exercises police power through the enactment of laws promoting public welfare, health, and safety.
Taxing Power: Congress has the power to levy taxes, fees, and charges necessary for government functioning.
Eminent Domain: Congress has the authority to authorize the expropriation of private property for public use with just compensation.
Power of Appropriation: Only Congress can authorize the release and use of public funds.

II. Composition of the Philippine Congress

A. The Senate

Composed of 24 Senators elected at large by qualified voters of the Philippines.
Senators serve for a term of six (6) years with a maximum of two consecutive terms.
Each Senator represents the entire national constituency.

B. The House of Representatives

Composed of District Representatives and Party-list Representatives.
District Representatives: Elected by voters from legislative districts. A district is usually composed of a specific geographic area.
Party-list Representatives: Represent marginalized and underrepresented sectors. They constitute 20% of the total membership of the House.
Representatives serve for a term of three (3) years with a maximum of three consecutive terms.

Qualifications for Members of Congress

Senators:
- Natural-born citizens of the Philippines.
- At least 35 years old on the day of the election.
- Able to read and write.
- Registered voters.
- Residents of the Philippines for at least 2 years before the election.
District Representatives:
- Natural-born citizens of the Philippines.
- At least 25 years old on the day of the election.
- Able to read and write.
- Registered voters in the district they represent.
- Residents of the district for at least 1 year before the election.

III. Powers of Congress

A. Legislative Power

The primary function of Congress is to make laws. These laws must conform to the Constitution, treaties, and generally accepted principles of international law.

Ordinary Legislation: The power to enact laws on a variety of subjects as long as they do not violate constitutional limitations.
Constitutional Amendments: Congress can propose amendments to the Constitution by a vote of three-fourths (3/4) of all its members.

B. Non-Legislative Powers

Congress also exercises several non-legislative powers:

Power of Appropriation: Congress has exclusive control over the budget or appropriation of public funds. The annual General Appropriations Act (GAA) must be passed to fund government operations.
Power of Impeachment:
- The House of Representatives has the exclusive power to initiate impeachment cases.
- The Senate has the sole power to try and decide impeachment cases.
- Grounds for impeachment include culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, and betrayal of public trust.
Power to Declare War: Congress may declare war upon the recommendation of the President by a two-thirds (2/3) vote of both Houses in a joint session.
Power of Inquiry: Congress may conduct inquiries in aid of legislation. It may compel witnesses to appear and testify or produce documents.
Power of Concurrence:
- In matters of treaties and international agreements, the Senate must concur with the President's ratification of treaties by a vote of two-thirds (2/3) of all Senators.
Electoral Tribunal Membership: Congress provides 3 members each to the Senate Electoral Tribunal and the House of Representatives Electoral Tribunal. These tribunals are the sole judges of election contests for their respective members.

C. Lawmaking Process

Introduction: A bill is filed by any member of Congress (Senate or House of Representatives).
First Reading: The bill is read by its number and title only, and referred to the appropriate committee.
Committee Deliberation: The committee studies the bill, holds hearings, and recommends whether to approve or reject it.
Second Reading: The entire chamber debates and amends the bill.
Third Reading: The bill is voted upon without further debate. Approval requires a majority vote of members present.
Bicameral Conference Committee: If the versions passed by the Senate and the House differ, a bicameral committee resolves the differences.
Approval by the President: Once passed by both Houses, the bill is sent to the President for signature.
- If the President signs it, it becomes law.
- If the President vetoes it, Congress may override the veto with a two-thirds (2/3) vote of all its members.
- If the President neither signs nor vetoes the bill within 30 days, it becomes law without the President's signature.

IV. Constitutional Limitations on Legislative Power

A. Specific Constitutional Provisions

Bill of Rights: Laws must not infringe on fundamental rights guaranteed under the Bill of Rights (e.g., freedom of speech, religion, due process).
Non-Delegation Doctrine: Congress cannot delegate its law-making power to another body or agency unless authorized by the Constitution.
No Law Shall be Passed:
- Ex post facto laws (retroactive penal laws) or bills of attainder.
- Laws impairing the obligation of contracts.
- Laws granting titles of nobility.

B. Procedural Requirements

Title and Subject Rule: Every bill must have only one subject, which must be expressed in its title.
Three Readings on Separate Days: A bill must undergo three separate readings on separate days, unless certified urgent by the President.
Appropriation Bills:
- All appropriation, revenue, and tariff bills must originate exclusively in the House of Representatives. However, the Senate may propose or concur with amendments.
- Proceeds of special laws or taxation must not be allocated for religious purposes.
Public Funds: No money shall be paid out of the National Treasury unless appropriated by law.
Tax Exemption: No law granting tax exemption shall be passed without the concurrence of a majority of all the members of Congress.

V. Legislative Privileges and Immunities

A. Freedom from Arrest

Members of Congress are immune from arrest while Congress is in session for offenses punishable by not more than six years imprisonment.

B. Parliamentary Immunity

Members of Congress are not liable for any speech or debate delivered in Congress or in any committee thereof. This immunity protects the free exercise of their legislative functions.

VI. International Law and Legislative Power

Congress plays a crucial role in the incorporation of international law into domestic law. Under the doctrine of incorporation (Article II, Section 2 of the Constitution), Congress is bound to uphold generally accepted principles of international law, as part of the law of the land. This includes obligations from treaties, conventions, and other international agreements that the Philippines has ratified.

In conclusion, legislative power in the Philippines, vested in a bicameral Congress, is broad and fundamental to the country's democratic framework. Congress not only enacts laws but also exercises non-legislative powers such as appropriations, impeachment, and treaty concurrence. All legislative actions, however, are subject to the constraints imposed by the Constitution, including safeguards for individual rights and proper lawmaking procedures.