Review Pointers in Political Science Prepared by: AC Cayetano ARTICLE VI LEGISLATIVE DEPARTMENT I.

. STRUCTURE OF CONGRESS Legislative Power The power to propose, enact, amend and repeal laws. Bicameral System a double-chamber body of Congress consisting of the Senate otherwise known as the upper house and the House of representatives otherwise known as the lower house. The 1987 Philippine Constitution adopts the bicameral system of Congress which shall be composed of the Senate and the House of Representatives.

1. 2.

3.

Composition of Congress.

3.1. 3.2.

Senate. The Senate shall be composed of twenty-four (24) Senators elected at large by the qualified voters of the Philippines, as may be provided by law. House of Representatives. It shall be composed of not more than two-hundred-fifty (250) members, unless otherwise provided by law, consisting of:

1) District Representatives. They shall be elected from legislative districts apportioned

among the provinces, cities and the Metropolitan Manila area.

2) Party-List Representatives. They shall constitute twenty per centum (20%) of the
total number of representatives, elected through a party-list system of registered national, regional, and Sectoral parties or organizations. Party-List System a mechanism of proportional representation in the election of representatives to the House of Representatives from national, regional, and Sectoral parties or organizations or coalitions thereof registered with the Commission on Elections.

4.

Qualifications of the Members of Congress.

4.1.

Members of the Senate. 1) 2) 3) 4) 5) A natural-born citizen of the Philippines. At least thirty-five years of age on the day of the election. Able to read and write. A registered voter. A resident of the Philippines for not less than two years immediately preceding the day of election.

4.2.

Members of the House of Representatives. 1) 2) 3) 4) 5) A natural-born citizen of the Philippines. At least twenty-five years of age on the day of the election. Able to read and write. A registered voter in the district in which he shall be elected. A resident of the district in which he shall be elected for a period of not less than one year immediately preceding the day of election.

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4.3.

Party-List Nominee. 1) A natural-born citizen of the Philippines. 2) A registered voter. 3) A resident of the Philippines for at least one year immediately preceding the day of the election. 4) Able to read and write. 5) 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. 6) At least twenty-five years of age on the day of the election. For the youth sector, he must be at least twenty-five (25) years of age but not more than thirty (30) years of age on the day of the election. Any youth representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his term.

5.

Term of Office.

5.1. 5.2.

Term of Office the period during which elected officer or appointee is entitled to hold office, perform its functions, and enjoy its privileges and emoluments. Members of Senate.

1)
2)

Six (6) years commencing at noon on the 30th day of June next following their election. No Senator shall serve for more than two (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 the full term for which he was elected.

5.3.

Members of the House of Representatives.

1)
2)

Three (3) years, commencing at noon on the 30th day of June next following their election. No Member of the House of Representatives shall serve for more than three (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 the full term for which he was elected. Party-List Representatives shall be elected for a term of three (3) years.

3)

6.

Privileges.

6.1.

Substantive Salary. 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. [Sec. 10, Art. VI].

6.2.

Franking Privilege or Postal Frank. This privilege shall exempt the mails/packages of the Members of Congress from the payment of the regular postage fees.

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6.3. 6.4.

Legislative/Parliamentary Immunity from Arrest. This privilege is intended to enable Members of Congress to discharge their functions adequately and without fear. Legislative/Parliamentary Immunity from any Speech or Debate. This privilege is intended to secure that Members of Congress may speak and act freely without fear of any fear of any criminal or civil suit and liability while Congress is in session.

7.

Prohibitions/Inhibitions/Disqualifications.

7.1.

Incompatible Office one which prohibits any Member of Congress to hold any other office in the government or its subdivisions, agency, or any instrumentality thereof including government-owned-and-controlled corporation during his incumbency without forfeiting his seat. [Sec. 13, Art. VI]. Forbidden Office one which prohibits any Member of Congress to be appointed to any office which may have been created or the emoluments thereof increased during the term for which has elected. [Sec. 13, Art. VI]. Personal Appearance as Counsel. No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunal, or quasi-judicial and other administrative bodies. [Sec. 14, Art. VI]. Conflict of Interest. No Senator or Member of the House of Representatives directly or indirectly, shall be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government owned and controlled corporation, or its subsidiary, during his term of office. [Sec. 13, Art. VI]. Intervention on Any Matter or Action on Account of his Office. A Senator or Member of the House of Representatives shall not intervene in any matter before any office of the Government for his pecuniary benefit or he may be called upon to act on account of his office. [Sec. 13, Art. VI].

7.2.

7.3.

7.4.

7.5.

8.

Internal Administration of Congress.

8.1.

Session a sitting of the legislature for the transaction of its official business.

1) Regular Session an ordinary, general, or stated session, as fixed by law or the

Constitution. The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. [Sec. 15, Art. VI].

2) Special Session an additional session called after a legislature has adjourned for
the consideration of matters specified in the call. The President may call a special session at any time. [Sec. 15, Art. VI].

3) Joint Session a commingling of the two houses of the legislative body sitting and
acting as one body.

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8.2.

Officers. The Senate shall elect its President and the House of Representatives, its Speaker, by a majority vote of all its respective members. Each House shall choose such other officers as it may deem necessary. [Sec. 16 (!), Art. VI]. Quorum that number or portion of the number of the organization which must be present in a particular meeting/session/assemblage for the organization to transact business. A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide. [Sec. 16 (2), Art. VI].

8.3.

8.4.

Rules of Proceedings rules made by any legislative body prescribing the mode and manner of conducting its business. Each House may determine the rule of its proceedings. [Sec. 16 (3), Art. VI].

8.5.

Discipline of Members. Each House maypunish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days. [Sec. 16 (3), Art. VI]. Records and Books of Accounts. Each House shall also keep a record of its proceedings. [Sec. 16 (4), Art. VI]. Legislative Journal. Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas, and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal. [Sec. 16 (4), Art. VI]. Legislative Journal the official record of what is being officially done and passed in a legislative body.

8.6. 8.7.

8.8.

Adjournment. Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any place than that in which the two Houses shall be sitting. [Sec. 16 (5), Art. VI].

9.

Adjunct Bodies.

9.1.

Electoral Tribunals. The Senate and the House of the 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. [Sec. 17, Art. VI]. Commission on Appointments. The Commission shall act on all appointments submitted to it within 30 session days of Congress from their submission.

9.2.

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