Legislative Department Flashcards
Legislative Power
Authority of the government to enact laws, repeal, or amend them.
Article VI Section 1
Legislative power shall be vested to the congress of the Philippines, which shall consist of a Senate and a House of Representatives
Law
Statutes which are written enactments of the legislative governing the relations of the people among themselves or between them & the government and its agencies
Bill
Draft of a law submitted to the consideration of a legislative body for its adoption
Statute
Written will of the legislative as an organized body expressed according to the form necessary to constitute it into a law of the state
Bicameral Setup
Double Chamber Body
Article VI Section 2
The Senate shall be composed of 24 Senators who shall be elected at large by the qualified voters of the Philippines as may be provided by the law
Article VI Section 3
Requirements for Senators:
- Natural Born Citizen of the Philippines
- At least 35 years of age
- Able to read and write
- Registered Voter
- Resident of the Philippines for not less than 2 years immediately preceding the election
Election of Senators (Article VI Section 8)
Regular elections shall be held on the second Monday of May
Term of Office (Artice VI Section 4 Paragraph 1)
6 years commencing noon on the 30th day of June
Maximum Term of Office- Senators
A senator is disqualified to serve for more than 2 consecutive terms
Article II Section 26
State policy on equal opportunities for public service & against political dynasties
House of Representatives
Lower chamber of the congress, composed of not more than 250 members
Article VI Section 5
[1]
The House of Representatives shall be elected from legislative or congressional districts through a party-list system
Term of Office (Article VI Section 7 Paragraph
1)
3 years to begin at noon on the 30th day following their election
Qualifications (Article VI Section 6)
- Natural Born Citizen of the Philippines
- At least 25 years of age
- Able to read and write
- Registered voter in the district in which he/she shall be elected
- A resident thereof for a period not less than 1 year
Maximum Terms - House of Representatives (Article VI Section 7, Paragraph 1)
The limit is for not more than 3 consecutive terms
Advantages of Bicameralism
- Serves as a check to hasty and ill-considered legislation
- Training ground for future leaders
- Provides a representation for both regional and national interests
- Less susceptible to bribery and control of big interests
- Traditional form of legislative body dating from ancient times and it has been tested and proven in the crucible of human experience
Disadvantages of Bicameralism
- It has not worked as an effective “fiscalizing” or counter-check machinery
- No assurance of better considered and better deliberated legislation
- Produces duplication of efforts & serious deadlocks in the enactment of important matters
- Expensive to maintain
- Prohibitive costs of senatorial elections have made it possible for only wealthy individuals to make it to the senate
Basic Aim of the Party List System
To attain the broadest possible representation of all interests in its law & policy making body
Officers of the Senate
- Senate President
- Majority Floor Leader
- Minority Floor Leader
- Secretary
- Sergeant at Arms
- Disbursing Officer
Officers of the House of Representatives
- House Speaker
- Deputy Speakers
- Majority Floor Leader
- Minority Floor Leader
- Secretary
- Sergeant at Arms
- Disbursing Officer
Quorum
At least 1/2 + 1 of the members of a body. The number that makes a lawful body giving it the power to pass a law/ordinance, or do any other valid corporate act
Legislative Journal
Official Record of what is done and passed in a legislative assembly
Formal Parts of a Law
- Title
- Preamble
- Enacting
- Body
- Effectivity Clause
Steps in the Passage of a Bill
- First Reading
- Referral to the Appropriate Committee
- Second Reading
- Debates
- Printing and Distribution
- Third Reading
- Referral to Other Houses
- Submission to joint Bicameral Committee
- Submission to the President
Purpose of Provision Requiring Three Readings of a bill
To prevent hasty and improvident legislation and the railroading of bills and to compel the careful examination of proposed laws
When a Bill may become a law
- When the President approves the bill by signing it
- When the President vetoes the bill & returns the same with his objections to the house where it originated and the same is repassed over his veto by a vote of 2/3 of all members of both houses
- If the president does not communicate his veto of any bill to the house where it originated within 30 days after the date of the receipt thereof in which case ir shall become a law as if he had signed it
National Legislative Level
Senate & House of Representatives
Local Legislative Level
Sangguniang Panlalawigan (Bokal)
Sangguniang Bayan
Sangguniang Barangay
