St.

John Paul II Institute of Technology

FRA Alvarado Bldg. Sevilla Road San Fernando City, La Union/FRA Building Carmen West Rosales Pangasinan

Quarter 2 - Module 7
The Legislative
Week 7
Module 7: The Legislative

In this module, you will be able to:

discuss the roles and responsibilities of the Philippine Senate and the House of
Representatives;
assess the performance of the Philippine Congress;
appraise the impact of Congress’s performance on Philippine development;
determine the challenges that are being faced by the legislative branch (enrichment);
and
articulate a position or advocacy to a Philippine legislator through a formal
correspondence.

How many years of basic education should a student complete? What punishment will
somebody get if he or she steals? How much tax should be imposed on properties? Can a
Filipino abroad vote during elections? How fast can a person drive his or her car on a
highway?

Have you ever wondered what rules apply to these questions? Or have you ever thought
who creates these rules in the first place?

The lawmakers in the Philippine legislature create these rules or laws. In this module,
you will learn about the organization of the legislative branch; how policies are created in
relation to legal and political dynamics; and the several issues, challenges, and prospects that
lawmaking and exercise of legislative powers entail.

Legislative Power
You have learned that under the principle
of separation of powers, the three branches of
The policies needed to address issues such as
government exercise powers independent of each poverty, welfare, economic development,
other. The legislative branch creates the laws which criminality, social justice, human rights, and
the executive implements and which the judiciary many others are usually in the form of laws
created by a state’s legislature.
interprets. This is known as the legislative power.

Article VI, Section 1 of the 1987 Constitution provides that the power to enact laws is
vested in the Philippine Congress (comprised of the Senate and the House of
Representatives), except when this power is reserved to the people through initiative and
referendum (discussed in module 12).
Reflect Upon

What would a society be like if there were no rules enacted by a body like the
legislature?

The Philippine Congress

Structure and Organization
The country has a bicameral legislature because the Congress is comprised of two
chambers. The following summarizes the composition of the Congress, and the
qualifications, election, and terms of office of its members, based on the provisions of the
1987 Constitution.

Table 7.1 Congress: Composition, Election, and Terms of Office

Senate House of Representatives

250 (unless otherwise fixed by

Composition 24
law)

Elected at large By district proportional

Manner of Election (or nationwide) by representation and by party-list
qualified voters system

Term of Office six years three years

Maximum Term of Office two consecutive terms three consecutive terms

Table 7.2 Qualifications of the Members of Congress

Senate House of Representatives

At least 35 years old At least 25 years old

Registered voter in the district (except in the

Registered voter
party-list)

Able to read and write Able to read and write

Natural-born citizen Natural-born citizen

Resident of the Philippines for not less

Resident of the district for not less than a year
than two years

What Have I Learned So Far?

1What is legislative power and in whom is it vested?

2. What are the qualifications of the members of each house of the

Congress?

Article VI of the constitution also provides for privileges of and prohibitions on the
members of Congress. Say for instance, its members shall receive a fixed compensation
as determined by law (Section 10) and they shall be given privilege from arrest when the
Congress is in session, unless the offense they committed is punishable by more than six
years of imprisonment (Section 11). The members are required by law to provide full
disclosure of their financial and business interests (Section 12). They are also prohibited from
holding any other office or employment in the government (Section 13) and restricted from
appearing as counsel before any court of justice or electoral tribunal (Section 14).
 The constitution also mandates the Congress to convene once every year on the 4th
Monday of July for its regular session unless otherwise provided by law, and they shall
continue to be in session for such number of days as determined until 30 days before the
opening of its next regular session (Section 15). The President, however, may call special
sessions to handle emergencies or urgent issues. Each chamber should also have its own set
of officers. Section 16 provides that the Senate shall elect its President and the House of
Representatives, its Speaker, by a majority of all its respective members. Each house may
choose other officers if deemed necessary. The Congress shall also have its Electoral
Tribunals, bicameral Commission on Appointments, and standing and ad hoc or special
committees.

BEYOND WALLS 7.1 Go Online

Visit the Web sites of the Senate (http://www.senate.gov.ph/) and the House of
Representatives (http://www.congress.gov.ph/) and look for the following:
Current composition of both chambers
Officers in each chamber
Offices and committees created and their functions

Powers and Functions of the Congress

The 1987 Constitution sets limits to the Congress’s exercise of power to create laws.
For instance, the Congress shall not pass a law that abridges the freedom of speech,
expression, and the like (Article III, Sections 4–5, 10, and 22). Similarly, it is provided that
the Congress may not increase appropriations recommended by the President (Article VI,
Section 25); that the rule of taxation shall be uniform and equitable; and that tax exemptions
to charitable institutions (and the like) shall be provided (Article VI, Section 29).
The Congress is also given powers to check on the powers of the president. Among these are:
• Check the president’s power to appropriate money for government use (Article VI,
Section 25).
• Provide consent on appointments made by the president (Article VII, Section 16).
• Request heads of executive departments to appear before the Congress (Article VI,
Section 22).
• Check the president’s power as commander in chief in the suspension of writ of habeas
corpus or declaration of martial law (Article VII, Section 17).
• Concur with president in granting amnesty to individuals (Article VII, Section 19).
 The members of the Congress shall be the
only judge of all contests related to the election,
returns, and qualification of their respective
members, through the House and Senate Electoral
While the Congress is granted the power to
Tribunals. The Senate shall also have the sole power enact laws, there are mechanisms by which
to decide on all cases of impeachment by two-thirds its exercise of power can be checked. This is,
of course, guided by the principle of checks
votes. The Congress may also punish its members
and balances.
for disorderly behavior (Article VI, Section 16).

With respect to international relations, the Congress also exercises functions known as
diplomatic powers. The following are good examples:
• Declaration of the existence of a state of war [Article VI, Section 23(1)]
• Granting of emergency powers to the President in times of war or emergency [Article
VI, Section 23(2)]
• No treaty or international agreement shall be valid and effective unless concurred in by
at least two-thirds of all the members of the Senate (Article VII, Section 21).
What other powers does the Congress possess? Share them with the class.

Reflect Upon

Rules and policies are important in the proper and orderly functioning of a society. The
legislature becomes important in this regard. How about in your family? Who creates rules?
What are some of these rules? Do you think it is necessary to follow these rules?
What Have I Learned So Far?

What are some of the powers and functions of the Congress?

The Lawmaking Process and Legislative Performance

How are laws created? What processes did
they undergo before they became laws? This section
presents the basics on how a bill becomes a law.
The Web site of the Philippine Congress
(http:// www.congress.gov.ph/) presents the A bill is known as a proposed law. It can
legislative process. Here is a summary: originate from either house of the Philippine
1. Preparation of the bill Congress.
2. First reading
3. Committee consideration/action
4. Second reading
5. Third reading
6. Transmittal of approved bill to the other house (where procedures 1 to 5 also
happen)
7. Conference committee (if there are differences or disagreements)
8. Submission of the bill to the president
9. Presidential action on the bill

If the president approves the bill, the same

is assigned an RA (Republic Act) number and is
then transmitted to the House where it originated. Since the country is under a system known as
Afterward, copies of the bill are reproduced and sent bicameralism, a bill that originates from and
to the office of the Official Gazette for publication and is considered in one house shall be
distribution to the implementing agencies. Finally, it transmitted to and likewise be discussed in
the other chamber.
will be included in the annual compilation of Acts
and Resolutions.
 If the bill is vetoed, it is transmitted to the House where it originated together with
the message of the president citing the reason for the bill’s disapproval. The Congress may
decide to override the veto of the president. If two-thirds of the members in each house vote
to override the veto, then the bill becomes a law.

What Have I Learned So Far?

Why do you think some observers say that lawmaking is more cumbersome in bicameral
than in unicameral legislatures? Do you agree with this?

BEYOND WALLS 7.2 Read and Answer

Read the following press release about a bill that institutionalizes political debates to
promote citizens’ right to information. Answer the questions that follow.
Institutionalize political debates to promote the citizens’ right to information
Written by: Dionisio P. Tubianosa, Media Affairs and Public Relations Service 03

October 2015
The House Committee on Suffrage and Electoral Reforms is now in receipt of a proposed
statute institutionalizing political debates among national candidates.
Rep. Teodorico T. Haresco, Jr. is confident Congress could still pass HB 6164 to be known as
the “Political Debates Act of 2015,” amending Republic Act No. 9006 otherwise known as “The
Fair Elections Act.”
“I believe that a well-informed voting population would be able to carefully and intelligently
choose the qualified and rightful leaders of the country,” Haresco stressed.
HB 6164 aims to institutionalize political debates among candidates by making it mandatory
for national television and radio networks to sponsor at least three (3) national debates among
presidential candidates and at least one (1) national debate among vice presidential candidates, the
author explained.
Each debate, he added, shall not be less than sixty (60) minutes, exclusive of airtime
commercials and advertisements.

“Section 7 of R.A. 9006 states that the Commission on Elections (COMELEC) ‘may require’
broadcast media (Radio/TV) entities to sponsor said debates. We must change the word MAY,
which is not mandatory, to SHALL, to make it mandatory,” the author pointed out.

The said Section 7 also provides that “The debates among presidential candidates shall be
scheduled on three (3) different calendar days: the first debate shall be scheduled within the first and
second weeks of the campaign period; the second debate within the fifth and sixth week of the
campaign period; and the third debate shall be scheduled within the tenth and eleventh week of the
campaign period.”
 Likewise “the sponsoring television or radio network may sell airtime for commercials and
advertisements to interested advertisers and sponsors,” Haresco noted.

The Fair Elections Act, Haresco pointed out, requires the COMELEC to procure free airtime
from at least three national television and radio networks for equal allocation to all candidates for
national office.

This, he said, is in line with the policy enunciated in the said law, which declares that the State
shall, during the election period, supervise or regulate the enjoyment or utilization of all franchises
or permits for the operation of media of communication or information to guarantee or ensure equal
opportunity for public service, including access to media time and space.

“However, for the past elections, there has been no mechanism that requires nationally elected
candidates to make known their qualifications, platforms and their positions on national issues
through intelligent debate,” Haresco explained.

Source: http://congress.gov.ph/press/details.php?pressid=9042

Questions:
1. Is there a need to create a law to institutionalize political debates among candidates
in national elections? Why?

2. What does this proposed law, House Bill 6164, say about the function of the Congress
in relation to the country’s political development?

How well does the Philippine Congress perform in relation to passing laws and solving
issues and problems the country faces? This section presents the legislation during the
administrations of the presidents in the Fifth Republic. It is important to note that executive-
legislative relations are important in considering matters pertinent to the socioeconomic and
political developments of the country. One of the most important challenges to the legislative
performance has something to do with the slow pace of legislation.

The logic is basic: societal problems need to be addressed in the quickest way possible
using the most viable strategy or manner. If the Congress does not pass legislations to
quickly address issues, then it is not true to its mandate. If the Congress does not pass laws that
represent the interests of the people it claims to stand for, then republican democracy has
failed. Look at the activity below. Browse through the statistics on legislative performance
from the 13th to the present Congress. What does this say about the Philippine Congress?
Reflect Upon

Try to imagine the Philippine executive and legislative not being able to settle their
differences as to policy making. What impacts would it have on the lives of ordinary
people?

BEYOND WALLS 7.3 Go Online

The Web pages of the Senate (http://www.senate.gov.ph/lis/leg_sys.aspx?co

ngress=17&type=bill) and the House of Representatives (http://www.congress.gov
.ph/legisdocs/?v=bills) present statistics on its legislative performance, including the laws
passed during different administrations. Specifically, the Legislative Information System
(LEGIS) of the House of Representatives is a repository of the bills prepared from the
8th through the 17th Congresses. Visit http://www.congress.gov.ph/legis/ and answer the
questions afterward.
Here is a screenshot of the platform:
Questions:
What important laws were created in each of the congressional terms? What does this say
about the performance of the said Congress?

How important is the use of e-governance (i.e., the use of information and communication
technology or ICT in governance, the utilization of Web pages to publish information, etc.)
in a country? Did you find the Web pages useful?

BEYOND WALLS 7.4 Apply It in Real Life

You are a newly elected member of the House of Representatives of the Republic of
the Philippines. Under oath, you are tasked to write a bill, which shall be dealt with by the
entire legislative body. Your bill will be evaluated based on the soundness of the proposal
(or even through party politics!) as evidenced by the vote from the body. The House (in
this case, the entire class) will subject your bill to a vote!

Guidelines in Writing a Bill

1. The following questions must be considered in preparing a bill:
a. What does the bill intend to solve? What problems does the bill plan to
address? (You have to do a comprehensive research.)
b. Why is such considered a problem? What are the indicators that such problem
exists?
c. What do current legislations say about this problem, if there are any? Are there policy
gaps? (In this case, your bill can propose to amend an existing law, if not repeal it.)
2. For purposes of adhering to House rules, follow the format of how a bill is written
by looking at some examples at the Web site of the House of Representatives
(www.congress.gov.ph).

Issues, Challenges, and Prospects

The Philippines, apart from it being a unitary and presidential system, is also a
representative or republican democracy. This means that the people or the electorate choose
individuals who will represent their interests in the halls of the government. Whether or not
the elected representatives serve as a functional link between the citizens and the government
is an important concern. After all, how well the Congress concretizes the interests of the
people through laws is a measure of the institution’s ability to be true to its mandate.
 Observers note that the Philippine Congress is still dominated by socioeconomic and
political elites. This observation suggests whether the country’s democracy is in practice or
not, given that the Congress is composed of individuals who seem to come from a specific
stratum. While it is true that the 1987 Constitution does not provide for educational, property,
and wealth qualifications, political realities point to the idea that elections in the country are
expensive and often, only those who have enough financial resources run for public office.
Similarly, the Congress’s composition points to another equally important question on
representativeness—that there is a wide gap in social class, power, and wealth between the
officials and their constituents. This raises questions if the elected officials really are able to
represent the interests of the people who do not belong to the same social class as theirs.
It is a reality in the country that the interests of the dominant class prevail and that
the Congress is composed of exclusivist political elite. The party-list system is a mechanism
through which minorities get the chance to be elected. Laws, in this case, are expected to
reflect the interests of the minorities.
As in the executive, the legislature is built around personality-oriented political parties.
Rather than being founded on platforms-based stands, the parties that comprise the Congress
are non-ideological. This will be elaborated in module 10 of unit 2. The Congress also still
suffers from particularistic, family-dominated practices. Observers also note the presence of
“Kamag-anak, Inc.” in the Congress, given the existence of political dynasties, if not political
families.
Nonetheless, it is important to note as well that the Philippine Congress has served as
an arena and actor in the restoration, and later on, consolidation of democracy. While the
Congress has managed to create laws that address socioeconomic and political problems of
the country, there still remains to be a huge concern about how—at a fast pace—could the
government addresses poverty, underdevelopment, corruption, improvement of the quality of
education, health services, among many others. This points to another institutional or
structural concern. Some believe that the bicameral feature is contributory to the slow pace of
lawmaking. Does this then necessitate a change from presidential/bicameral/congressional to
parliamentary system? What do you think? Well, this remains to be one of the biggest
prospects on the legislature’s future.

BEYOND WALLS 7.5 Read and Answer

One of the most important issues that haunts the current Philippine Congress is the
presence of political dynasties. Read a scholarly article at http://www.researchgate.net/
publication/228276641_An_Empirical_Analysis_of_Political_Dynasties_in_the_15th_
Philippine_Congress and then answer the questions that follow.
Questions:
How did the authors look at political dynasties in the Philippines? Do you agree with them?

What is the relationship between the presence of political dynasties and issues of
standards of living, human development, and inequality?

Why do you think the Congress fails to enact a law that enables the constitutional
provision against political dynasties in the Philippines?

You might be wondering what you can possibly do as a student to help improve the
Philippine Congress. Your role as a citizen is indispensable and the Constitution no less
recognizes that, to wit: “the State recognizes the vital role of the youth in nation-building and
shall promote and protect their physical, moral, spiritual, intellectual, and social well-being.
It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in
public and civic affairs” (Article II, Section 13). It is the last statement that is relevant to your
next activity.

BEYOND WALLS 7.6 Go Online

The participation of citizens in matters of public concern is fundamental in any democratic

system. The advent of e-governance saw the extension of this participation through the use
of the Internet as a platform. This is commonly referred to as e-participation.
The government recognizes the participation and the indispensable role of the youth in
public and civic affairs. Browse through the Web site of the Congress and you will find the
contact details of its members. That means that you can communicate with them directly
on issues that you want to raise.
Observe your community. What are the current issues or problems that need to be
addressed? How can your representative in the Congress be of help in this regard?
Remember, solutions to problems can be in the form of legislation or a law.
Communicate your advocacies to your House of Representative member and see what your
participation can do. Prepare a formal correspondence and submit it via e-mail to the
concerned representative. Be ready to present the feedback from the representative or his
or her office any time this semester. You may find the list of members at
http://www.congress
.gov.ph/members/.
 Extend Your Knowledge
• For a brief history of the Philippine House of Representatives, go to http://www
.congress.gov.ph/about/?about=history.
• For a comprehensive presentation of how a bill becomes a law, you may check the
legislative process at https://www.senate.gov.ph/about/legpro.asp.
• For important information about the Philippine Senate, you may visit http://www
.senate.gov.ph/about/history.asp and http://www.senate.gov.ph/statistical.pdf.

ESSENTIAL LEARNING
Under a presidential system of government, the three branches of the government
exercise separate powers from each other. You have learned that it is in the Philippine
Congress where the power to create or enact laws and policies are vested. Important
issues like poverty, criminality, welfare, social equality, and economic development are
addressed through these laws or policies. Thus, the Congress plays an important role in
the socioeconomic and political developments of the country. It is important to take
note that executive-legislative relations also affect the quality of legislation. The
structure and composition of the Congress also has a definite role to play in this
prospect. The issues of patronage, presence of political dynasties, and exclusivist
character haunt the Philippine legislature. The restored Philippine Congress following
EDSA People Power in 1986 is faced with several challenges, including the prospect of
institutional reform. Nonetheless, reform in the Philippine legislature is not only a
concern of the said body but also of the different branches of the government and the
civil society.