General Characteristics of Legislative body:

The Legislative body is an integral part of the Government of the Philippines. The
legislative body is essentially the authority under the Constitution to make laws and
subsequently, when the need arises, to alter and repeal them. Usually, no bill shall
become a law unless it is approved by the President. When the President
disapproves the bill, Congress may override the Presidential veto. The veto is
overridden upon a vote of two-thirds of all members of the House of origin of the bill
and the other House as well.
The lawmaking function of Congress is very important. It passes laws that regulate
the conduct of and relations between the private citizens and the government. It
defines and punishes crimes against the state and against persons and their
property. But, the legislative body cannot enact an irrepealable law. In the recent
case of Datu Kida v. Senate of the Philippines, the court stated, The power of the
legislature to make laws includes the power to amend and repeal these laws. Where
the legislature, by its own act, attempts to limit its power to amend or repeal laws,
the Court has the duty to strike down such act for interfering with the plenary
powers of Congress. As we explained in Duarte v. Dade:
A state legislature has a plenary law-making power over all subjects,
whether pertaining to persons or things, within its territorial
jurisdiction, either to introduce new laws or repeal the old, unless
prohibited expressly or by implication by the federal constitution or
limited or restrained by its own. It cannot bind itself or its successors
by enacting irrepealable laws except when so restrained. Every
legislative body may modify or abolish the acts passed by itself or its
predecessors. This power of repeal may be exercised at the same
session at which the original act was passed; and even while a bill is in
its progress and before it becomes a law. This legislature cannot
bind a future legislature to a particular mode of repeal. It
cannot declare in advance the intent of subsequent
legislatures or the effect of subsequent legislation upon
existing statutes. [emphasis ours]1
The members of the legislative body are given parliamentary privileges, as provided
for under Section 11, Article 6 of the 1987 Constitution. The provision states:
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.
1 Datu Kida v. Senate of the Philippines., G.R. No. 196271 (2012)

This is reinforced by Article 145 of the Revised penal code, which provides: 2
The penalty of prision mayor shall be imposed upon any person who
shall use force, intimidation, threats, or fraud to prevent any member
of the National Assembly (Congress of the Philippines) from attending
the meetings of the Assembly (Congress) or of any of its committees or
subcommittees, constitutional commissions or committees or divisions
thereof, from expressing his opinions or casting his vote; and the
penalty of prision correccional shall be imposed upon any public officer
or employee who shall, while the Assembly (Congress) is in regular or
special session, arrest or search any member thereof, except in case
such member has committed a crime punishable under this Code by a
penalty higher than prision mayor.

Legislature and issues on constitutional conduct and Control:

Like all other parts of the Government, the Legislative department is susceptible
from issues within its members with regards their conduct. Legislative body may
discipline its members under the power vested on them by Section 16 (3), Article 6
of the 1987 Constitution which provides:
Each House may determine the rules of its proceedings, punish its
Members for disorderly behavior, and, with the concurrence of twothirds of all its Members, suspend or expel a Member. A penalty of
suspension, when imposed, shall not exceed sixty days.
In the case of Osmena v. Pendatun, 109 Phil 863, where the Supreme Court said
that the determination of the acts which constitute disorderly behavior is within the
full discretionary authority of the House concerned, and the court will not review
such determination, the same being a political question. 3
In a case of Peple v. Jalosjos, the appellant compelled that he should be allowed to
discharge his duties as a member of House of Representatives including attendance
at legislative sessions and committee meeting despite having been convicted by
the trial court of a non-bailable offense on the basis of popular sovereignty and the
need for his constituents to be represented. The court said: 4

2 Antonio B. Nachura, Outline/reviewer in political law (Quezon City: VJ Graphics Arts

Inc., 2009), 260.
3 Nachura, 264.
4 People vs. Jalosjos G.R. No. 132875-76, February 3, 2000

True, election is the expression of the sovereign power of the people.

In the exercise of suffrage, a free people expects to achieve the
continuity of government and the perpetuation of its benefits.
However, inspite of its importance, the privileges and rights arising
from having been elected may be enlarged or restricted by law.
The members of Congress cannot compel absent members to attend
sessions if the reason for the absence is a legitimate one. The
confinement of a Congressman charged with a crime punishable by
imprisonment of more than six months is not merely authorized by law,
it has constitutional foundations.
Allowing accused-appellant to attend congressional sessions and
committee meeting for five (5) days or more in a week will virtually
make him free man with all the privilege appurtenant to his position.
Such an aberrant situation not only elevates accused-appellant's status
to that of a special class, it also would be a mockery of the purposes of
the correction system.