legislative of the philippines
DESCRIPTION
Philippine Government, Constitution, Legislative, CongressTRANSCRIPT
Spanish era When the Philippines was under Spanish
colonial rule, the colony was not given representa8on to the Spanish Cortes. It was only in 1809 where the colony was made an integral part of Spain and was given representa8on in the Cortes. On March 19, 1812, the Cons8tu8on of Cadiz was approved, which led to the colony's first representa8ves at the Cortes in September 24, 1812 by Pedro Perez de Tagle and Jose Manuel CoreLo.
EVOLUTION OF THE PHILIPPINE LEGISLATIVE SYSTEM �
It began with the unicameral
Malolos Congress of the short-lived Philippine Republic of 1898-1899, f o l l o w e d by t h e P h i l i p p i n e Commission of 1901, a colonial legislative system composed of all-American appointees.
This body then evolved into a bicameral, predominantly elective, Filipino-controlled legislature by virtue of the Jones Act of 1916, and lasted until No vember 1935 when the sem i-independent Commonwealth Government was inaugurated. A unicameral National Assembly replaced the bicameral body after the 1935 Philippine Constitution was ratified.
EVOLUTION OF THE PHILIPPINE LEGISLATIVE SYSTEM �
In 1941, the Constitution was amended, again restoring the bicameral legislature that came to be called the Congress of the Philippines. Except during the Japanese-sponsored Philippine Republic from 1942-1945, the Congress functioned as the national legislature until September 1972 when President Ferdinand E. Marcos placed the country under martial law.
EVOLUTION OF THE PHILIPPINE LEGISLATIVE SYSTEM �
THE BATASANG PAMBANSA - A UNICAMERAL LEGISLATURE
When martial law was declared, the Constitutional Convention, by virtue of an Act of Congress in 1971, was in the process of drafting a new Constitution. The final draft was adopted by the Convention on November 29, 1972. This was ratified and proclaimed by President Marcos on January 17, 1973 amidst widespread protest and controversy.
THE BATASANG PAMBANSA - A UNICAMERAL LEGISLATURE
With the proclamation of a new Constitution, the presidential form of government was changed to a modified parliamentary form. Congress was abolished and was replaced by an elected unicameral National Assembly, known as Batasang Pambansa.
The Batasang Pambansa was made up of a maximum of 200 Members elected from different provinces with their component cities, highly urbanized cities and districts of Metropolitan Man i la , appo inte d representatives from various sectors such as the youth, agricultural and industrial labor sectors, and those chosen by the President from the members of the Cabinet. The Members had a term of six years.
THE BATASANG PAMBANSA - A UNICAMERAL LEGISLATURE
THE PRESENT PHILIPPINE CONGRESS��
THE FEBRUARY 1986 REVOLUTION PEOPLE POWER REVOLUTION
1986 EDSA RevolutionThe world-famed bloodless coup of February 22-25, 1986 ushered in a new political regime. President Corazon Aquino, backed by a coalition of forces from both ends of the political spectrum, forged a new government, triggering a chain of events that dramatically changed the political landscape of the country and signalled the rebirth of democracy.
These political changes were: the abolition of the Batasang Pambansa following the proclamation of a new revolutionary government; the organ izat ion of a Constitutional Commission that drafted a new charter which, in turn, was ratified in February 1987; the rebirth of the old bicameral system; and the election of Members to the new Congress.
THE PRESENT PHILIPPINE CONGRESS��
THE FEBRUARY 1986 REVOLUTION PEOPLE POWER REVOLUTION
The new Congress has the biggest membership and is probably the most powerful among its predecessor legislatures. The Constitutional Commission (ConCom) clothed it with vast powers to perform a wider and more dynamic role. This fact is partly reflected in the Charter itself, which devotes 32 sections to the legislative department compared with only 23 for the executive and 16 for the judicial departments.
The new bicameral Congress consists of the Senate and the House of Representatives. The upper chamber or the Senate is composed of 24 Members elected at-large by the qualified voters of the Philippines. On the other hand, the lower chamber or the House of Representatives is composed of "not more than 250 Members, who are elected from legislative districts apportioned among the provinces, cities and the Metropolitan Manila area in accordance with the number of inhabitants, and on the basis of a uniform and progressive ratio and those, as provided by law, elected through a party-list system of registered national, regional and sectoral parties or organizations". [Sec. 5(1), Art. VI, 1987 Philippine Constitution]
Legislative Power 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 provis ion on in it iative and referendum.
Legislative Power
is essentially the authority under the Constitution to make laws and subsequently, when then need arises, to alter and to repeal them.
Ø General legislative power -the power to enact laws intended as
rules of conduct to govern the relations among individuals or between the individuals and the State. Ø Specific powers
-powers which the constitution expressly directs or authorizes Congress to exercise
Classification of Powers of Congress
Ø Implied Power -those essential or necessary to the
effective exercise of the powers expressly granted. Ø Inherent Powers
-the powers which are possessed and can be exercise by every government because they exist as an attribute of sovereignty..
Classification of Powers of Congress
Kind of Election for Members of Congress
Ø Regular Election - shall be held on the second Monday of May. Ø Special Election - it may be called in case of vacancy arises in the Senate to fill such vacancy in the manner prescribed by law.
Quorum
A number of the membership of an assembly or collective body as is competent to transact its business.
Rules of Procedure - the rules made by any legislative body to regulate the mode and manner of conducting its business. Legislative Journal - defined as the official record of what is done and passed in a legislative assembly
Electoral Tribunal in each House Ø Composi t ion, const i tut ion and jurisdiction
-composed of 9 members -3justices of the Supreme court designated by the Chief justice and 6 members of the Senate Ø Reason for Creation
-under the 1973 Constitution, this power was given to the Commission on Elections
The Commission on Appointments in Congress
Ø Composition, constitution and nature -composed of 25 members – the
President of the Senate as Ex officio Chairman, 12 Senators and 12 members of the House of Representatives Ø Power or function
-the power of the Commission on Appointments i s to approve or disapprove appointments submitted to it by the President.
The Commission on Appointments in Congress
Ø Reason for Creation -the creation of a Commission
on appointments, which was provided in the 1935 Constitution, is based on the principle that it is best to have a deliberative body pass upon appointments to impor tant pos i t ions i n the government.
Appropriations Bill
- The primary and specific aim of which is to make appropriations of
money from the public treasury. Appropriations – an authorization made by law or other legislative
enactment, directing payment out of government funds under specified
conditions and/or for specified purposes.
Kinds of Appropriations Ø Annual or General Appropriations
-popularly known as the budget. Ø S p e c i a l o r S u p p l e m e n t a l Appropriations
-they are designed to supplement the general appropriations. Ø Specific Appropriations
-one which set aside a named sum of money for the payment of a particular expense.
Kinds of Appropriations
Ø Continuing Appropriations -one which provides a definite
sum to be always available from year to year, without the necessity of further legislative action, for the purpose appropriated even after the original amount shall have been fully spent.
Other Bills Ø Revenue Bill
-the primary specific purpose of which is to raise revenue. Ø Tariff Bill
-it has reference to one imposing customs duties for revenue purposes. Ø Bill Authorizing Increase of the Public Debt
-creates public indebtedness such as a bill providing for the issuance of bonds.
Other Bills
Ø Bill of Local Applica8on-‐one affec8ng purely local or municipal concerns like one crea8ng a city or municipality or changing its name. Ø Private Bill -‐one affec8ng purely private interest, such as one gran8ng a franchise to a person or corpora8on, or compensa8on to a person for damages suffered by him for which the government considers itself liable.
Ø First Reading Ø Referral to appropriate committee
Ø Second Reading Ø Debates
Ø Printing and Distribution Ø Third Reading
Ø Referral to the other House Ø Submission to join bicameral committee
Ø Submission to the President
Steps in the Passage of a Bill
Ø Title -it announces the subject matter of
the act Ø Preamble
-a sort of introduction or preface of a law Ø Enacting Laws
-precedes the body of the statute and it serves as formal means of identifying the legislative body that enacts the law.
Formal parts of a Law
Ø Body - p o r t i o n c o n t a i n i n g t h e
proposed law or statute itself Ø Effectivity Clause
-portion providing for the time when the law shall take effect
Formal parts of a Law
Ø A formal expression of opinion, will, or intent by an official body or
assembled group. Kinds of resolutions
Ø Simple Ø Concurrent
Ø joint
Resolution
Ø Uniformity of taxation means that “all taxable articles or properties of the same class shall be taxed at the same rate.” Ø Uniformity implies equality in burden, not equality in amount.