POLITICS AND GOVERNANCE WITH PHIL. CONSTITUTION (Finals)
LEGISLATIVE EXECUTIVE JUDICIAL Congress of the Philippines President Supreme Court Justices
LAW LEGISLATIVE JUDICIAL EXECUTIVE To make To Implement To Interpret THE SEPARATION OF POWERS And PRINICPLE OF CHECKS & BALANCE
ARTICLE VI LEGISLATIVE DEPARMENT
LEGISLATIVE POWER AND THE CONGRESS The power to propose, enact, amend and repeal laws. Vested in the Congress, except to the extent reserved to the people by the provision on initiative and referendum .
PEOPLE’S POWER TO CHANGE LAWS INITIATIVE IS THE POWER OF THE PEOPLE TO PROPOSE AMENDMENTS TO THE CONSTITUTION OR TO PROPOSE AND ENACT LEGISLATION THROUGH AND ELECTION CALLED FOR THE PURPOSE. REFERENDUM IS THE POWER OF THE ELECTRORATE TO APPROVE OR REJECT LEGISLATION THROUGH AN ELECTION CALLED FOR A PURPOSE.
PEOPLE’S POWER TO CHANGE LAWS INITIATIVE THREE SYSTEMS OF INTIATIVE: INITIATIVE ON THE CONSTITUTION INITIATIVE ON STATUTES INITIATIVE ON LOCAL LEGISLATIONS REFERENDUM TWO CLASSES OF REFERENDUM: REFERENDUM ON STATUTES W/C REFERS TO THE PETITION TP APPROVE/REJECT A LAW. REFERENDUM ON LOCAL LAWS W/C REFERS TO A PETITION TO APPROVE/REJECT LOCAL ORDINANCES/RESOLUTIONS.
CONGRESS OF THE PHILIPPINES HOUSE OF SENATE HOUSE OF REPRESENTATIVES Bicameral System
CONGRESS OF THE PHILIPPINES HOUSE OF SENATE Composition: Twenty-Four (24) elected at large by the qualified voters of the Philippines, as may be provided by law. HOUSE OF REPRESENTATIVES Composition: Not more than 250 members , unless otherwise provided by law, consisting of: District representatives , and Party-list representatives .
HOUSE OF SENATE Qualifications: Natural-born citizen of the Philippines, Must be at least 35 years of age on the day of the election, Able to read and write, A registered voter, and A resident of the Philippines for not less than 2 years immediately preceding the day of election. HOUSE OF REPRESENTATIVES Qualifications: Natural-born citizen of the Philippines, Must be at least 25 years of age on the day of the election, Able to read and write, Except the party-list, a registered voter in the district in which he shall be elected, and A resident thereof for a period of not less than 1 year immediately preceding the day of the election.
HOUSE OF SENATE Term of office: Six (6) years, commencing at noon on the 30 th day of June next following their election. Limitation: Shall not serve for more than 2 consecutive terms . Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for full term for w/c elected. HOUSE OF REPRESENTATIVES Term of office: Three (3) years, commencing at noon on the 30 th day of June next following their election. Limitation: Shall not serve for more than 3 consecutive terms . Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for full term for w/c elected.
Current Heads of the Congress of the Philippines Senate President Juan Miguel Zubiri Speaker Ferdinand Martin Romualdez
HOUSE OF REPRESENTATIVES DISTRICT REPRESENTATIVE PARTY-LIST REPRESENTATIVE REPUBLIC ACT 7941 ARTICLE VI OF THE CONSTITUTION
PHILIPPINE PARTY-LIST SYSTEM Is a unique aspect of the Philippine political system; A political battleground designed to ensure a representative democracy; Allowing for ample and proportional representation of marginalized groups in the House of Representatives.
PHILIPPINE PARTY-LIST SYSTEM The party-list system in the Constitution is a non-executing provision, as such, there must be a subsequent legislation by the Congress in order to realize its function as part of the legislative department. RA 7942 or the Party-List System Act is the main law related to the qualification and election of party-list representative.
PHILIPPINE PARTY-LIST SYSTEM Qualification of Party-List Nominee(s): A natural-born citizen of the Philippines, A registered voter, A resident of the Philippines for a period of not less than one (1)year immediately preceding the day of the election, Able to read and write,
PHILIPPINE PARTY-LIST SYSTEM Qualification of Party-List Nominee(s): A bona fide member of the party or organization which he seeks to represent for at least ninety (90) days preceding the day of the election, and Is at least twenty-five (25) years of age on the day of the election.
PHILIPPINE PARTY-LIST SYSTEM Qualification of Party-List Nominee(s): In case of a nominee of the youth sector, he must at least be twenty-five (25) but not more than thirty (30) years of age on the day of the election. Any youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his term.
HOUSE OF REPRESENTATIVES DISTRICT REPRESENTATIVE PARTY-LIST REPRESENTATIVE 20% of the total membership (61) 80% of the total membership (241) Current T otal Members: 306
PHILIPPINE PARTY-LIST SYSTEM Manner of voting: Every voter shall be entitled to two (2) votes: The first is a vote for candidate for member of the House of Representatives in his legislative district, and The second, a vote for the party, organizations, or coalition he wants represented in the House of Representatives.
SECTION 11. A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session . No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.
SECTION 13. No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat . Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected. INCOMPATIBLE OFFICE FORBIDDEN OFFICE S/HR cannot be appointed even resigned. S/HR cannot be appointed unless resign
SENATE AND HOUSE OF REPRESENTATIVES INCOMPATIBLE OFFICE FORBIDDEN OFFICE S/HR cannot be appointed even resigned S/HR cannot be appointed unless resign Other inhibitions: Personally appear as lawyer, Financially interested D/ InD in any contracts, and Intervene in any office of the Government for his pecuniary benefit.
SECTION 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members . Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The Senior Justice in the Electoral Tribunal shall be its Chairman.
SECTION 18. There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The Chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members.
POWERS OF CONGRESS
TWO CATEGORIES: LEGISLATIVE POWER – The power to enact laws, it includes the powers of appropriation, taxation, and expropriation. Except initiative and referendum which is reserve to the people. NON-LEGISLATIVE POWER – It is the power of the Congress which is not related to enactment of laws, but the Constitution vested such power pursuant to the principle of separation of powers and checks and balance.
NATURE OF LEGISLATIVE POWERS: These powers are expressly conferred by the Constitution. From such express powers may be derived some implied powers, such as the power to punish contempt in legislative investigations. The Congress also possesses inherent powers, such as the determination of its rules of proceedings and the discipline of its members.
TWO KINDS OF LEGISLATIVE POWER: ORIGINAL LEGISLATIVE POWER – this is the power belonging to the sovereign people and this is supreme. DERIVATIVE LEGISLATIVE POWER – this is delegated by the sovereign people to the legislative bodies and it is subordinate to the original power of the people.
LEGISLATIVE POWER General or plenary power Power of appropriation Power of taxation Power to discipline/punish its members according to their own house rules Contempt power NON-LEGISLATIVE POWER Power of legislative inquiry in aid of legislation/question hours Power to declare existence of state of war Power to act as Board of Canvassers in the election of President and Vice-President Power to call special election for President and Vice President Power to judge President’s physical fitness to discharge the functions of the Presidency
LEGISLATIVE POWER General or plenary power Power of appropriation Power of taxation Power to discipline/punish its members according to their own house rules Contempt power NON-LEGISLATIVE POWER Power to revoke or extend suspension of the privilege of the writ of habeas corpus or declaration of martial law Power to concur in Presidential amnesties Power to concur in treaties or international agreements Power to confirm certain appointments/nominations made by the President
LEGISLATIVE POWER General or plenary power Power of appropriation Power of taxation Power to discipline/punish its members according to their own house rules Contempt power NON-LEGISLATIVE POWER Power of impeachments Power relative to natural resources Power to propose amendments or revisions to the Constitution
POWER OF LEGISLATIVE INQUIRIES
SECTION 21. The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected. LEGISLATIVE INQUIRY IN AID OF LEGISLATION QUESTION HOURS (Section 22) The aim is to elicit information that may be used for legislation The objective of which is to obtain information in pursuit of Congress’ oversight function
POWER TO DECLARE STATE OF WAR/EMERGENCY POWER
SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war. (2) In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.