Lesson 6: SENATE , COMPOSITION & QUALIFICATION
The Philippine Congress is the country’s legislative department
Congress is bicameral
Upper House: Senate
Lower House: House of Representatives
Function: The authority to make laws and to alter or repeal them.
24 senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.
1. Natural-born citizen;
2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter; and
5. Philippine resident for at least 2 years immediately preceding the day of the election.
Term of Office: 6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their election.
Maximum: 2 terms
Term Limitations:
No Senator shall serve for more than 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.
In Case of Vacancy…
Vacancy can be filled through regular election
Special elections can be called for the purpose of filling the vacancy
In either circumstance, the one elected merely sits for the unexpired term
Structure and Dynamics
Senate President and House Speaker elected by majority vote
Other officers, procedures and the discipline of its members is at the discretion of each house
Quorum: Majority
Each House maintains a journal and record of proceedings
Neither House can adjourn without the other’s consent while in session
Sections 5-7. HOUSE OF REPRESENTATIVES
Composition:
Not more than 25 members, unless otherwise fixed by law; and
Party-list Representative
Election of 250 members
Qualifications
Natural born citizen of the Philippines;
At least 25 years old on the day of the election;
Able to read and write;
Registered voter in the district he seeks to represent; and
A resident of such district for at least one year immediately preceding the day of the election.
Termof Office and Term Limitations
Each member of the House shall be elected for a term of three (3) years which shall commence (unless
otherwise provided for by law) at noon on 30 June next following their election.
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.
LIMITATION: No member of the House of Representatives shall serve for more than three (3) consecutive terms.
Privileges
Congressmen have two parliamentary privileges while Congress is in session:
1. Privilege from arrest
Immunity from offenses punishable by not more than six years imprisonment
2. Privilege of speech and debate
Immunity from libel and slander
Powers of Congress
1. Appointment of Public Officials
2. Legislative inquiry and investigation
3. Declare the existence of a state of war
4. Ratify the country’s international treaties (Senate)
5. Authorize limited emergency powers for the President
6. Approve the government budget
7. Undertake projects under the CDF
8. Propose, review, and adopt bills for enactment into law
9. Overturn a Presidential veto with respect to proposed legislation
10. Allow for referenda
11. Propose amendments to the constitution and call for a constitutional convention
Legislative Limitations
Congress may not:
1. Increase appropriations recommended by the executive branch
2. Pass tax exemptions without the concurrence of a majority of its members
3. Grant titles of nobility
4. Pass ex post facto bills ("from after the action" or "after the facts") is a law that retroactively changes )
5. Pass bills of attainder (bill of pains and penalties) is an act of a legislature declaring a person or group
of persons guilty of some crime and punishing them without a trial)
HOW A BILL BECOMES LAW
FUNCTIONS OF LEGISLATIVE BRANCH
The Senate of the Philippines is composed of 24 senators elected at large.
While the House of Representatives is composed of not more than 250 members, 20% of which is composed of
party-list representatives.
The term of office for the elected senators and representatives starts at noon of the 30th day of June following
their election.
The senators will serve for six years and shall not serve for more than two consecutive terms.
The representatives, also known as congressmen/women, will serve for three years and shall not hold office for
more than three consecutive terms.
In case of vacancy in the Congress, under Section 9 of Article Vl,
o a special election may be called to fill such vacancy in the manner prescribed by law, but the senator
or Member of the House of Representatives thus elected shall serve only for the unexpired term.
The primary function of the legislative branch is the creation, enactment, and amendments of laws.
Proposed laws may come from the senators or representatives themselves, the people they represent (district,
province, or the party), or the other two branches of the government.
These proposals are drafted into a Bill.
A bill is a draft of law presented to legislation for enactment, by the approval by Congress and the president of
the Republic.
Preparation of Bill
The basic process for the creation or amendment of a law begins with a bill drafted by a senator or representative
and filed for the first reading.
First Reading - The first reading is where the Senate President or the Speaker of the House reads out the title, bill
number, and author's name, and then assigns the bill to the proper Senate or House Committee.
Committee Consideration/Action
The author(s) or the concerned committee will send out an invitation to various concerned parties, agencies,
and stakeholders for a public hearing of the bill to review the proposed bill and give their comments during the
deliberations.
Second Reading - in the second reading, the author of the bill or the chairperson of the committee delivers a
sponsorship speech. It is followed by a period of interpellation wherein other senators or representatives may debate or
ask further questions to the sponsor of the bill.
In reviewing a bill, there are some things to consider:
1. Does the bill conform to the provisions of the Constitution?
2. What is the main issue that the bill is trying to address?
3. What are the methods that the bill is trying to propose in order to answer the issue?
4. Are there alternative means to address the issue?
5. Who will benefit from the bill if it is enacted into law? How will the benefits be given? Will this create further
problems?
6. Is there sufficient fund for the law? Where will the government get the fund needed to enforce the law?
The representatives or the senators again vote for the passage of the bill on second reading. "As a general rule, a bill
must pass both the Senate and the House" (Defensor-Santiago 2002).
Third reading - Another period of interpellation follows after which the senators or the representatives vote for the third
reading of the bill. upon the last reading of a bill, no amendment shall be allowed.
Transmittal of the Approved Bill to the Senate or House of the Representatives - The approved bill is transmitted to the
other chamber for its concurrence.
Action on the Approved bill
The approved bill is transmitted to the other chamber for its concurrence.
Conference Committee
To settle, reconcile or thresh out differences in the bill.
Transmittal of the Bill to the President
The bill becomes a law upon the signing of the president. In case of objection from the president, the enrolled bill is
vetoed and returned to the House where the bill is originated.
Presidential Action on the Bill
Failure by the president to act on the enrolled bill within 30 days upon his or her receipt, the bill becomes a law as if the
president has signed it.
Action on Vetoed Bill
If the House of Representatives or the Senate still reconsiders the bill, at least two-thirds of all the members of the
House shall vote for the bill to become a law.
Action on Approved Bill
Other than a bill, each house can make resolutions.
A resolution “conveys principles and sentiments of the members of the Senate or the House of Representatives.”
There are three different types of resolutions:
1. Joint Resolutions – require the approval of both chambers of Congress and the signature of the President, and
have the force and effect of a law if approved.
Example:
Joint Resolution No. 2
May 9, 2018
Joint Resolution Authorizing the National Housing Authority to Award to other Qualified Beneficiaries
the Unawarded Housing Units…
2. Concurrent Resolutions – used for matters affecting the operations of both chambers of Congress and must be
approved in the same form by both houses, but are not transmitted to the President for his/her signature and
therefore have no force and effect of a law.
3. Simple Resolutions – deal with matters entirely within the prerogative of one chamber of Congress; are not
referred to the President for his/her signature, and therefore have no force and effect of a law.
