Legislative Department

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Information about Legislative Department

Published on March 14, 2014

Author: mao_rosal255

Source: authorstream.com

Legislative Branch of Government D’Chairman: Legislative Branch of Government D’Chairman Branches of Government: Executive Legislative Judiciary Separation of Powers Checks and Balances Branches of Government Legislative Department: Legislative Department Article VI Section 1: “The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives , except to the extent reserved to the people by the provision on initiative and referendum. “ Section 1 Legislative Department: Legislative Power Authority to make, alter or repeal laws Prescribe general rules for the government of society Laws Written enactments of the legislature Defines right and duties of a citizen Imposes taxes Appropriate funds (budget deliberation) Defines crime and its penalties Creates and abolishes government offices Regulates human conduct Legislative Department Philippine Legislative Department: Two chambers (Bicameral) Upper house Senate Lower house House of Representatives Philippine Legislative Department Philippine Legislative Department: Philippine Legislative Department What are the advantages? What are the disadvantages? Avoid hasty and ill-considered legislation Serves as training ground for future leaders Representation for both regional (House) and national (Senate) interests Less susceptible to bribery and manipulation Has not worked out as an effective fiscalizing machine No assurance of better deliberated legislation Duplication of efforts which delays the legislation process More expensive Can Congress create any type of law?: Classification of Powers of the Congress General Legislative Power For the govern of relations among individuals As long as not contrary to the Constitution Specific Powers Power provided by the Constitution exclusively for the Congress E.g. Elect the president in case of a tie Declare state of war Implied Powers Necessary to the effective exercise of their powers E.g. Investigation in aid of legislation Inherent Powers Powers that are not specified by the Constitution but are requisites for the exercise of government sovereignty Can Congress create any type of law? Section 2: The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law. Section 2 Section 3 No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least thirty-five years of age , able to read and write , a registered voter , and a resident of the Philippines for not less than two years immediately preceding the day of the election. Section 4: The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Senator shall serve for more than two consecutive terms . Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term of which he was elected. Section 4 The Senate: 24 Senators elected at large Initial 6 years term Eligible for a one subsequent 6 year term More than two successive terms is prohibited Qualifications Natural-born citizen Who are natural born citizens? At least 35 years old Able to read and write Registered voter What are the qualifications for voting? Resident of the Philippines for at least 2 years The Senate Section 5: The House of Representatives shall be composed of not more than two hundred and fifty members , unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations. The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector. Section 5 Section 5: Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand , or each province, shall have at least one representative . Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section. Section 5 Section 6: No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age , able to read and write , and, except the party-list representatives, a registered voter in the district in which he shall be elected , and a resident thereof for a period of not less than one year immediately preceding the day of the election. Section 6 Section 7 The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Member of the House of Representatives shall serve for more than three consecutive terms . Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. The House of Representatives: Not more than 250 members Congressional districts and sectoral representation For every 250,000 city population, 1 representative Manila – 6 Districts For provinces, 1 representative regardless of population Initial 3 years term Eligible for 2 more subsequent terms More than three consecutive terms is prohibited 9 years consecutive service The House of Representatives The House of Representatives: Qualifications Natural-born Philippine Citizen Able to read and write At least 25 years old The House of Representatives District Representative Registered voter in the district involved Resident of that district for at least 1 year Sectoral Representative Embodies the ideals promoted by the sector being represented Pro-poor, representative should be poor Against Drugs, negative to drug test Party-list Representation: Sectoral Representation To attain the broadest possible representation Marginalized representation To strike a balance between varying interests 20 percent of the total composition of the House of Representatives 250 representatives, 50 should be from party-list Party-list Representation Party-list Representation: Election of registered parties, instead of individual candidates Number of representatives depends on the total no. of votes obtained (proportional representation) Maximum of three seats per party E.g. Was able to obtain 10% of the votes cast, party-list will also get 10% of the seats allotted for party-list Party-list Representation Party-list Seat Allocation: A -100 B – 2500 (2 nd seat) (8 th seat) (12 th seat) C – 3500 (1 st seat) (7 th seat) (11 th seat) D – 200 (5 th seat) Total Votes Cast =7,445 E – 10 2 percent = 149 F – 49 4 percent = 298 G – 161(6 th seat) 6 percent = 447 H – 500 (3 rd seat) (9 th seat) (13 th seat) I – 300 (4 th seat) (10 th seat) J - 125 Party-list Seat Allocation Party-list System: Back-door Entrance to the Legislative department Difficult to win in District Representation Party-list Representation is an option Traditional Politicians (Trapos) Where do they use their pork barrel allotment? As of 2001, none of the bills of national importance made by party-list groups ever became a law (Fermin 2001) Party-list System Section 10: “The salaries of Senators and Members of the House of Representatives shall be determined by law . No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase .” Section 10 Salaries: House of Representatives Senators 43,000 basic monthly salary (516,000 per annum) 1.3 M for salaries of staff (15.6 M per annum) 200 M Pork Barrel Funds Travel and other allowances 216.116 Million Pesos Salaries 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 11 Immunity from Arrest: Entitled to immunity from arrest while the Congress is in session Whether attending the session or not Regular Three regular sessions Special Takes place when the president calls for session during recess to consider legislations the president may designate Executive Session As long as the session is not yet adjourned or in recess Immunity from Arrest Immunity from Arrest: If ever can be arrested imprisonment should not be more than 6 years Except for offenses punishable with a minimum of 6 years imprisonment Reclusion Perpetua Life Imprisonment Theft 2 years – Life imprisonment Immunity from Arrest Limitations to Immunity from Arrest: If Congress is no longer in session If the offense committed is punishable with more than 6 years of imprisonment If the representative waives this right Limitations to Immunity from Arrest Parliamentary Immunity: Entitled to immunity from being questioned and be held liable to what they say Libel Condition As long as the speech is relevant to the performance of his legislative duties Chismis Parliamentary Immunity Limitations to Parliamentary Immunity: If the person is not acting as a member of the Congress No longer a representative Actions are not in relation to the performance of his legislative duties Etiquette or behavior is being questioned in the Congress itself (Conduct Unbecoming) Ethics Committee Limitations to Parliamentary Immunity Immunity of a law-maker: Immunity from Arrest Parliamentary Immunity Immunity of a law-maker Philippine Local Legislation Process: Philippine Local Legislation Process Article VI Section 26: Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. No bill passed by either House shall become a law unless it has passed three readings on separate days , and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter , and the yeas and nays entered in the Journal. Section 26 Local Legislation Process: Bill Draft law submitted to the legislative body for its consideration Proposed by any member of the legislative Local Legislation Process Local Legislation Process: First Reading Referred to the appropriate committee Committee level Hearings, consultations, debate Second Reading Debates at the Plenary Level Printing of final draft and distribution Third Reading Final Reading No more amendments and debates are allowed Nominal Voting Yeas and nays Local Legislation Process Local Legislation Process: Referred to the other house 3 readings take place Forwarded to the Joint Bicameral Committee Consolidation of the two versions of the two houses Compromise Submission to the President upon transmittal to the President Sign the bill into law Veto the bill back to the Congress After 30 days without action Local Legislation Process Section 27: Every bill passed by the Congress shall, before it becomes a law, be presented to the President . If he approves the same he shall sign it ; otherwise , he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill , it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House , it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof , otherwise, it shall become a law as if he had signed it. Section 27 Section 27: The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill , but the veto shall not affect the item or items to which he does not object. Section 27 When Bill becomes a Law: Bill is passed by Congress signed by the President Vetoed bill override by 2/3 vote of both houses If the President failed to act on the passed bill in 30 days For cases of initiative and referendum, signature of the president is no longer required Pocket Veto is not allowed Silence means yes When Bill becomes a Law Veto of the President: Pocket Veto is not allowed Partial Veto is not allowed Except for appropriations bill, revenue bill, tariff bill Veto of the President

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