PPG ARTICLE-VI-Legislative-Department-ppt.ppt

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About This Presentation

Introduction to Philippine Politics


Slide Content

3 BRANCHES
of the
GOVERNMENT
LEGISLATIVE EXECUTIVE JUDICIARY

Principle of SEPARATION OF POWERSPrinciple of SEPARATION OF POWERS
- each government branch is not permitted to - each government branch is not permitted to
encroach upon the powers confided to others. encroach upon the powers confided to others.
Arbitrary rule would result if the same body is to Arbitrary rule would result if the same body is to
exercise all the powers of the government. exercise all the powers of the government.

Principle of CHECKS AND BALANCESPrinciple of CHECKS AND BALANCES
- authorizing a considerable amount of - authorizing a considerable amount of
encroachment or checking by one branch in the encroachment or checking by one branch in the
affairs of the others. Each branch is given certain affairs of the others. Each branch is given certain
powers with which to check the others.powers with which to check the others.

Pres.may disapprove bills enacted by CongressPres.may disapprove bills enacted by Congress

Congress may reject appointments by the Pres.Congress may reject appointments by the Pres.

Judiciary may declare unconstitutional laws enacted Judiciary may declare unconstitutional laws enacted
by the Congress by the Congress

ARTICLE VIARTICLE VI
Legislative Legislative
DepartmentDepartment

SECTION 1.SECTION 1.
The legislative power shall be vested in The legislative power shall be vested in
the Congress of the Philippines which the Congress of the Philippines which
shall consist of a Senate and a House of shall consist of a Senate and a House of
Representatives ….Representatives ….

Legislative PowerLegislative Power
- power to make laws, and subsequently, to - power to make laws, and subsequently, to
alter and repeal themalter and repeal them

SECTION 2.SECTION 2.
The Senate shall be composed of twenty-The Senate shall be composed of twenty-
four Senators…four Senators…

SECTION 3.SECTION 3.
No person shall be a No person shall be a SenatorSenator unless he is unless he is
a natural-born citizen of the Philippines, a natural-born citizen of the Philippines,
and, on the day of the election, is at least and, on the day of the election, is at least
thirty-five years of age, able to read and thirty-five years of age, able to read and
write, a registered voter, and a resident write, a registered voter, and a resident
of the Philippines for not less than two of the Philippines for not less than two
years immediately preceding the day of years immediately preceding the day of
the election.the election.

SECTION 4.SECTION 4.
The The term of officeterm of office of the Senators shall be of the Senators shall be
six yearssix years … …
No Senator shall serve for more than No Senator shall serve for more than two two
consecutive termsconsecutive terms. Voluntary renunciation . Voluntary renunciation
of the office for any length of time shall not of the office for any length of time shall not
be considered as an interruption in the be considered as an interruption in the
continuity of his service for the full term for continuity of his service for the full term for
which he was elected.which he was elected.

SECTION 5.SECTION 5.
(1) The (1) The House of RepresentativesHouse of Representatives shall be shall be
composed of composed of not more than two hundred and not more than two hundred and
fifty membersfifty members… who shall be elected from … who shall be elected from
legislative districts …legislative districts …
(2)(2)The party-list representatives shall The party-list representatives shall
constitute twenty per centum of the total constitute twenty per centum of the total
number of representatives …labor, peasant, number of representatives …labor, peasant,
urban poor, indigenous cultural urban poor, indigenous cultural
communities, women, youth, and such other communities, women, youth, and such other
sectors as may be provided by law.. sectors as may be provided by law..

2 kinds of members of House of Representatives2 kinds of members of House of Representatives
1.) District Representative1.) District Representative – elected directly and – elected directly and
personally from the territorial unit he is seeking personally from the territorial unit he is seeking
to represent. to represent.
2.) Party-list Representative2.) Party-list Representative – chosen indirectly, – chosen indirectly,
through the party he represents, which is the one through the party he represents, which is the one
voted for by the electorate. This is to give an voted for by the electorate. This is to give an
opportunity to weak sectors to have their voices opportunity to weak sectors to have their voices
heard.heard.

SECTION 6.SECTION 6.
No person shall be a No person shall be a Member of the House Member of the House
of Representativesof Representatives unless he is a natural- unless he is a natural-
born citizen of the Philippines and, on the born citizen of the Philippines and, on the
day of the election, is at least twenty-five day of the election, is at least twenty-five
years of age, able to read and write, and, years of age, able to read and write, and,
except the party-list representatives, a except the party-list representatives, a
registered voter in the district in which he registered voter in the district in which he
shall be elected, and a resident thereof for shall be elected, and a resident thereof for
a period of not less than one year a period of not less than one year
immediately preceding the day of the immediately preceding the day of the
electionelection..

SECTION 7.SECTION 7.
The Members of the The Members of the House of House of
RepresentativesRepresentatives shall be elected for a shall be elected for a term term
of three yearsof three years … …
No member of the House of Representatives No member of the House of Representatives
shall serve for more than shall serve for more than three consecutive three consecutive
termsterms……

SECTION 11.SECTION 11.
A Senator or Member of the House of A Senator or Member of the House of
Representatives shall, in all offenses Representatives shall, in all offenses
punishable by not more than six years punishable by not more than six years
imprisonment, be privileged imprisonment, be privileged from arrestfrom arrest
while the Congress is in session. No while the Congress is in session. No
Member shall be questioned nor be held Member shall be questioned nor be held
liable in any other place for any liable in any other place for any speech or speech or
debatedebate in the Congress or in any in the Congress or in any
committee thereof.committee thereof.

FREEDOM from ARRESTFREEDOM from ARREST

offenses punishable by not more than six offenses punishable by not more than six
years imprisonmentyears imprisonment

while Congress is in sessionwhile Congress is in session
FREEDOM of SPEECH and DEBATEFREEDOM of SPEECH and DEBATE

remarks must be made in connection with the remarks must be made in connection with the
discharge of official duties. discharge of official duties.

while Congress is in sessionwhile Congress is in session

Reason for the congressional privileges…Reason for the congressional privileges…
To enable members of Congress to discharge To enable members of Congress to discharge
their functions adequately and without fear. It is their functions adequately and without fear. It is
true that the privileges may be abused. true that the privileges may be abused.
However, the harm which would come from its However, the harm which would come from its
abuse is considered slight compared to that abuse is considered slight compared to that
which might arise if the privileges were not which might arise if the privileges were not
given.given.

SECTION 12.SECTION 12.
All Members of the Senate and the House All Members of the Senate and the House
of Representatives shall, upon assumption of Representatives shall, upon assumption
of office, make of office, make a full disclosure of their a full disclosure of their
financial and business interestsfinancial and business interests… They … They
shall notify the House concerned of a shall notify the House concerned of a
potential conflict of interest that may arise potential conflict of interest that may arise
from the filing of a proposed legislation of from the filing of a proposed legislation of
which they are authorswhich they are authors..

SECTION 13.SECTION 13.
No Senator or Member of the House of No Senator or Member of the House of
Representatives may hold any other office Representatives may hold any other office
or employment in the Government…or employment in the Government…
during his term without forfeiting his seat. during his term without forfeiting his seat.
Neither shall he be appointed to any office Neither shall he be appointed to any office
which may have been created or the which may have been created or the
emoluments thereof increased during the emoluments thereof increased during the
term for which he was elected.term for which he was elected.

INCOMPATIBLE OFFICEINCOMPATIBLE OFFICE
Office which mat not be held by a member Office which mat not be held by a member
of a Congress outside the legislative department. of a Congress outside the legislative department.
There is a need for members to devote their time There is a need for members to devote their time
and attention to the discharge of their legislative and attention to the discharge of their legislative
responsibilities.responsibilities.
FORBIDDEN OFFICEFORBIDDEN OFFICE
Office which a member of a Congress may Office which a member of a Congress may
not be a beneficiary by reason of being a not be a beneficiary by reason of being a
participant when said office was created. Hence, a participant when said office was created. Hence, a
member of Congress shall not be eligible for member of Congress shall not be eligible for
appointment to such office even if he resigns.appointment to such office even if he resigns.

SECTION 15.SECTION 15.
The Congress shall convene once every year The Congress shall convene once every year
on the fourth Monday of July for its on the fourth Monday of July for its
regular sessionregular session, …and shall continue to be , …and shall continue to be
in session for such number of days as it may in session for such number of days as it may
determine until thirty days before the determine until thirty days before the
opening of its next regular session, exclusive opening of its next regular session, exclusive
of Saturdays, Sundays, and legal holidays. of Saturdays, Sundays, and legal holidays.
The President may call a The President may call a special sessionspecial session at at
any time.any time.

SECTION 16.SECTION 16.
(1) The (1) The SenateSenate shall elect its shall elect its PresidentPresident and and
the the House of RepresentativesHouse of Representatives its its SpeakerSpeaker, ,
by a majority vote of all its respective by a majority vote of all its respective
Members.Members.
(2) A majority of each House shall (2) A majority of each House shall
constitute a constitute a quorumquorum to do business… to do business…

(3) Each House may determine the (3) Each House may determine the rules of its rules of its
proceedingsproceedings, punish its Members for , punish its Members for
disorderly behavior, and, with the disorderly behavior, and, with the
concurrence of two-thirds of all its Members, concurrence of two-thirds of all its Members,
suspend or expel a Member. A penalty of suspend or expel a Member. A penalty of
suspension, when imposed, shall not exceed suspension, when imposed, shall not exceed
sixty days.sixty days.
(4) Each House shall keep a (4) Each House shall keep a JournalJournal of its of its
proceedings, and from time to time publish proceedings, and from time to time publish
the same, excepting such parts as may, in its the same, excepting such parts as may, in its
judgment, affect national security…judgment, affect national security…

QUORUMQUORUM
- a number of membership which is competent to - a number of membership which is competent to
transact its business; is at least one-half plus one transact its business; is at least one-half plus one
of the members of a body. of the members of a body.
LEGISATIVE JOURNALLEGISATIVE JOURNAL
- the official record of what is done and passed in a - the official record of what is done and passed in a
legislative assembly and the proceedings occurred legislative assembly and the proceedings occurred
from day to day.from day to day.

SECTION 17.SECTION 17.
The Senate and the House of The Senate and the House of
Representatives shall each have an Representatives shall each have an
Electoral TribunalElectoral Tribunal which shall be the sole which shall be the sole
judge of all contests relating to the judge of all contests relating to the
election, returns, and qualifications of election, returns, and qualifications of
their respective Members… their respective Members…

SECTION 18.SECTION 18.
There shall be a There shall be a Commission on Commission on
AppointmentsAppointments… shall act on all … shall act on all
appointments submitted to it…appointments submitted to it…

SECTION 21.SECTION 21.
The Senate or the House of The Senate or the House of
Representatives or any of its respective Representatives or any of its respective
committees may conduct committees may conduct inquiries in aid inquiries in aid
of legislationof legislation in accordance with its duly in accordance with its duly
published rules of procedure. The rights published rules of procedure. The rights
of persons appearing in or affected by of persons appearing in or affected by
such inquiries shall be respected.such inquiries shall be respected.

SECTION 26.SECTION 26.
No No billbill passed by either House passed by either House shall become shall become
a lawa law unless it has passed unless it has passed three readingsthree readings on on
separate days, and printed copies thereof in separate days, and printed copies thereof in
its final form have been distributed to its its final form have been distributed to its
Members three days before its passage… Members three days before its passage…
Upon the last reading of a bill, no Upon the last reading of a bill, no
amendment thereto shall be allowed, and the amendment thereto shall be allowed, and the
vote thereon shall be taken immediately vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in thereafter, and the yeas and nays entered in
the Journal.the Journal.

Steps in the Passage of a BillSteps in the Passage of a Bill
First ReadingFirst Reading
- reading of the number, title of the measure - reading of the number, title of the measure
and name of the authorand name of the author
Second ReadingSecond Reading
- the bill is read in its entirety, scrutinized , - the bill is read in its entirety, scrutinized ,
debated upon and amended when desireddebated upon and amended when desired
Third ReadingThird Reading
- members merely register their votes and - members merely register their votes and
explain them. No further debate is allowed.explain them. No further debate is allowed.

SECTION 27.SECTION 27.
Every bill passed by the Congress shall, before it Every bill passed by the Congress shall, before it
becomes a law, be presented to the President. If he becomes a law, be presented to the President. If he
approves the same, he shall sign it; otherwise, he shall approves the same, he shall sign it; otherwise, he shall
veto it and return the same with his objections to the veto it and return the same with his objections to the
House where it originated, which shall enter the House where it originated, which shall enter the
objections at large in its Journal and proceed to objections at large in its Journal and proceed to
reconsider it. If, after such reconsideration, two-thirds reconsider it. If, after such reconsideration, two-thirds
of all the Members of such House shall agree to pass of all the Members of such House shall agree to pass
the bill, it shall be sent…to the other House by which it the bill, it shall be sent…to the other House by which it
shall likewise be reconsidered, and if approved by shall likewise be reconsidered, and if approved by
two-thirds of all the Members of that House, it shall two-thirds of all the Members of that House, it shall
become a law… The President shall communicate his become a law… The President shall communicate his
veto of any bill to the House where it originated within veto of any bill to the House where it originated within
thirty days after the date of receipt thereof; otherwise, thirty days after the date of receipt thereof; otherwise,
it shall become a law as if he had signed it.it shall become a law as if he had signed it.

3 ways when a bill may become a law3 ways when a bill may become a law
1.) When the President approves the bill by 1.) When the President approves the bill by
signing it.signing it.
2.) When the President vetoes the bill and the 2.) When the President vetoes the bill and the
same is overriden by 2/3 votes of all the same is overriden by 2/3 votes of all the
members of both Houses.members of both Houses.
3.) When the President does not 3.) When the President does not
communicate his veto within 30 days after communicate his veto within 30 days after
the date of receipt.the date of receipt.
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