As enshrined under the 1987 Constitution, the Philippines is a democratic and republican with a presidential form of government. The power of the government is divided among three co-equal branches: (1) Legislative Departments – empowers to enact laws; (2) Execute Department – empowers to execute and enforce laws; and (3) Judicial Department – duty to apply and implement laws.
In this week’s edition, the core of our discussion is the Legislative Department of the Philippines (Congress) and its composition. In addition, we will tackle its chief power – to make – as well as the process of law-making.
The Philippines has a bicameral legislature, its legislative departments is comprised of two chambers or houses – the House of Senate and the House of Representatives. Under Section 1, Article 6 of our present Constitution, 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.
Senate. The House of Senate is composed of twenty-four (24) senators who are elected and chosen at large by the qualified voters of the Philippines. Under Section 3, Article 6 of the Constitution, a person running for a seat in Senate shall have the following qualifications: (1) He must be a natural-born citizen of the Philippines; (2) He shall be at least thirty-five (35) years old on the day of the election; (3) He must be a resident of the Philippines for not less than two years immediately preceding the day of the election; (4) A registered voter; and (5) Has the ability to read and write.
The term of office of the Senators shall be for six (6) years. They are only allowed to serve for two consecutive terms. After serving such two (2) terms, they are proscribed to run again in the immediately succeeding senatorial elections. However, after resting for one election, he/she is again eligible to file for candidacy for the position of senator.
House of Representatives. The members of the House of Representatives are classified into two (2): (1) district representatives; and (2) party-list representatives. District Representatives are those who we commonly referred to as “congressman” and are elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area. Party-list representatives shall be filled by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and other marginalized and underrepresented sectors as may be provided by law. The party-list representatives shall constitute twenty per centum of the House of Representatives.
Under Section 6, Article VI of the Constitution – 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. The Members of the House of Representatives shall be elected for a term of three (3) years and they are eligible for re-election for three (3) consecutive terms.
The regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May unless a law was enacted setting it to another date. Their term of office commences at noon on the thirtieth day of June next following their election, unless a law was passed stating otherwise.
Congress primary power is to propose, enact, amend and repeal laws. Before a law becomes a law, it is first called a bill which is introduced by any member of the House of Representatives or the Senate except for some measures that must originate only in the former chamber. Before such bill becomes a law it must first went through three (3) readings of both Houses of Congress.
The first reading involves only a reading of the number and title of the measure and its referral by the Senate President or the Speaker to the proper committee for study. The bill may be “killed” in the committee or it may be recommended for approval, with or without amendments, sometimes after public hearings are first held thereon. If there are other bills of the same nature or purpose, they may all be consolidated into one bill under common authorship or as a committee bill.
Once the bill passes third reading, it is sent to the other chamber, where it will also undergo the three (3) readings. If there are differences between the versions approved by the two (2) chambers, a conference committee representing both Houses will draft a compromise measure that if ratified by the Senate and the House of Representatives will then be submitted to the President for his consideration.
The bill is enrolled when printed as finally approved by the Congress, thereafter authenticated with the signatures of the Senate President, the Speaker, and the Secretaries of their respective chambers.
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.
The President shall communicate his veto of any bill to the House where it originated within thirty (30) days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it. Every bill passed by Congress must be presented to the President for approval or veto. In the absence of presentment to the President, no bill passed by Congress can become a law.
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¹G.R. No. 166715