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Revision as of 05:33, 3 January 2011
 | This article needs additional citations for verification. (January 2008) |
The Congress of the Philippines (Filipino: Kongreso ng Pilipinas) is the national legislature of the Philippines. It is a bicameral body consisting of the Senate (upper chamber), and the House of Representatives (lower chamber) although commonly in the Philippines the term congress refers to the latter.
The Senate is composed of 24 senators half of which are elected every three years. Each senator, therefore, serves a total of six years. The senators are elected by the whole electorate and do not represent any geographical district.
The House of Representatives is composed of a maximum of 250 congressmen. There are two types of congressmen: the district and the sectoral representatives. The district congressmen represent a particular geographical district of the country. All provinces in the country are composed of at least one congressional district. Several cities also have their own congressional districts, with some composed of two or more representatives.
The sectoral congressmen represent the minority sectors of the population. This enables these minority groups to be represented in the Congress, when they would otherwise not be represented properly through district representation. Also known as party-list representatives, sectoral congressmen represent labor unions, rights groups, and other organizations.
The Constitution provides that the Congress shall convene for its regular session every year beginning on the 4th Monday of July. A regular session can last until thirty days before the opening of its next regular session in the succeeding year. The President may, however, call special sessions which are usually held between regular sessions to handle emergencies or urgent matters.
Congresses of the Philippines
Revolutionary Period
American Period
- 1st Philippine Commission (1898–1900)
- 2nd Philippine Commission (1900–1901)
- Philippine Commission (1901–1907)
- 1st Philippine Legislature (1907–1909)
- 2nd Philippine Legislature (1909–1912)
- 3rd Philippine Legislature (1912–1916)
- 4th Philippine Legislature (1916–1919)
- 5th Philippine Legislature (1919–1922)
- 6th Philippine Legislature (1922–1925)
- 7th Philippine Legislature (1925–1928)
- 8th Philippine Legislature (1928–1931)
- 9th Philippine Legislature (1931–1934)
- 10th Philippine Legislature (1934–1935)
Commonwealth
Second Philippine Republic
Commonwealth (Restored)
- 1st Congress of the Commonwealth of the Philippines (1945)
- 2nd Congress of the Commonwealth of the Philippines (1946)
Third Philippine Republic
- 1st Congress (1946–1949)
- 2nd Congress (1949–1953)
- 3rd Congress (1954–1957)
- 4th Congress (1958–1961)
- 5th Congress (1962–1965)
- 6th Congress (1966–1969)
- 7th Congress (1970–1972)
Martial Law and Fourth Philippine Republic
Fifth Philippine Republic
- 8th Congress (1987–1992)
- 9th Congress (1992–1995)
- 10th Congress (1995–1998)
- 11th Congress (1998–2001)
- 12th Congress (2001–2004)
- 13th Congress (2004–2007)
- 14th Congress (2007–2010)
- 15th Congress (2010–Present)
Timeline
History
| Senate |
|---|
 The Senate, when it is in existence, is always composed of 24 senators, including vacancies. |
| House of Representatives/National Assembly/Batasang Pambansa |
 The House originally had 98 members, then steadily increased until its current 269-seat membership. |
When the Philippines was under American colonial rule, the legislative body was the Philippine Commission which existed from 1900 to 1907. The President of the United States appointed the members of the Philippine Commission.
The Philippine Bill of 1902 mandated the creation of a bicameral or a two-chamber Philippine Legislature with the Philippine Commission as the Upper House and the Philippine Assembly as the Lower House. This bicameral legislature was inaugurated in 1907. Through the leadership of then Speaker Sergio Osmeña and then Floor Leader Manuel L. Quezon, the Rules of the 59th United States Congress was substantially adopted as the Rules of the Philippine Legislature.
In 1916, the Jones Law changed the legislative system. The Philippine Commission was abolished, and a new bicameral Philippine Legislature consisting of a House of Representatives and a Senate was established.
The legislative system was changed again in 1935. The 1935 Constitution established a unicameral National Assembly. But in 1940, through an amendment to the 1935 Constitution, a bicameral Congress of the Philippines consisting of a House of Representatives and a Senate was created.
Upon the inauguration of the Republic of the Philippines on July 4, 1946, Republic Act No. 6 was enacted providing that on the date of the proclamation of the Republic of the Philippines, the existing Congress would be known as the First Congress of the Republic.
The 1973 Constitution abolished the bicameral Congress and created a unicameral Batasang Pambansa in a parliamentary system of government.
The 1987 Constitution restored the presidential system of government together with a bicameral Congress of the Philippines.
Powers
The powers of the Congress of the Philippines may be classified as:
General legislative power
It consists of the enactment of laws intended as a rule of conduct to govern the relation between individuals (i.e., civil laws, commercial laws, etc.) or between individuals and the state (i.e., criminal law, political law, etc.)
Implied powers
It is the essential to the effective exercise of other powers expressly granted to the assembly.
Inherent powers
These are the powers which though not expressly given are nevertheless exercised by the Congress as they are necessary for its existence such as:
- to determine the rules of proceedings;
- to compel attendance of absent members to obtain quorum to do business;
- to keep journal of its proceedings; etc.
Specific legislative powers
It has reference to powers which the Constitution expressly and specifically directs to perform or execute.
Powers enjoyed by the Congress classifiable under this category are:
- Power to appropriate;
- Power to act as constituent assembly; (The Senate and the House of Representatives must convene and vote on joint or separate session to do this.[citation needed])
- Power to impeach; (to initiate all cases of impeachment is the power of the House of Representatives; To try all cases of impeachment is the power of the Senate.)
- Power to confirm treaties;(Only the Senate is authorized to use this power.)
- Power to declare the existence of war; (The Senate and the House of Representatives must convene in joint session to do this.)
- Power to concur amnesty; and
- Power to act as board of canvasser for presidential/vice-presidential votes. (by creating a joint congressional committee to do the canvassing.)
- Power to contempt
- Blending of power
- Delegation of power
- Budgetary power
- Power to taxation
Executive power
Powers of the Congress that are executive in nature are:
- Appointment of its officers;
- Affirming treaties;
- Confirming presidential appointees through the Commission on Appointments;
- Removal power; etc.
Director/Suprevisory power
The Congress of the Philippines exercises considerable control and supervision over the administrative branch - e.g.:
- To decide the creation of a department/agency/office;
- To define powers and duties of officers;
- To appropriate funds for governmental operations;
- To prescribe rules and procedure to be followed; etc.
Electoral power
Considered as electoral power of the Congress of the Philippines are the Congress' power to:
- Elect its presiding officer/s and other officers of the House;
- Act as board of canvassers for the canvass of presidential/vice-presidential votes; and
- Elect the President in case of any electoral tie to the said post.
Judicial power
Constitutionally, each house has judicial powers:
- To punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member
- To concur and approve amnesty declared by the President of the Philippines;
- To initiate, prosecute and thereafter decide cases of impeachment; and
- To decide electoral protests of its members through the respective Electoral Tribunal.
Miscellaneous powers
The other powers of Congress mandated by the Constitution are as follows:
- To authorize the Commission on Audit to audit fund and property;
- To authorize the President of the Philippines to fix tariff rates, quotas, and dues;
- To authorize the President of the Philippines to formulate rules and regulations in times of emergency;
- To reapportion legislative districts based on established constitutional standards;
- To implement laws on autonomy;
- To establish a national language commission;
- To implement free public secondary education;
- To allow small scale utilization of natural resources;
- To specify the limits of forest lands and national parks;
- To determine the ownerships and extent of ancestral domain; and
- To establish independent economic and planning agency.
Lawmaking
Preparation of the bill
The Member or the Bill Drafting Division of the Reference and Research Bureau prepares and drafts the bill upon the Member's request.
First reading
- The bill is filed with the Bills and Index Service and the same is numbered and reproduced.
- Three days after its filing, the same is included in the Order of Business for First Reading.
- On First Reading, the Secretary General reads the title and number of the bill. The Speaker refers the bill to the appropriate Committee/s.
Committee consideration / action
- The Committee where the bill was referred to evaluates it to determine the necessity of conducting public hearings.
- If the Committee finds it necessary to conduct public hearings, it schedules the time thereof, issues public notices and invites resource persons from the public and private sectors, the academe and experts on the proposed legislation.
- If the Committee finds that no public hearing is not needed, it schedules the bill for Committee discussion/s.
- Based on the result of the public hearings or Committee discussions, the Committee may introduce amendments, consolidate bills on the same subject matter, or propose a substitute bill. It then prepares the corresponding committee report.
- The Committee approves the Committee Report and formally transmits the same to the Plenary Affairs Bureau.
Second reading
- The Committee Report is registered and numbered by the Bills and Index Service. It is included in the Order of Business and referred to the Committee on Rules.
- The Committee on Rules schedules the bill for consideration on Second Reading.
- On Second Reading, the Secretary General reads the number, title and text of the bill and the following takes place:
- Period of Sponsorship and Debate
- Period of Amendments
- Voting, which may be by
- viva voce
- count by tellers
- division of the House
- nominal voting
Third reading
- The amendments, if any, are engrossed and printed copies of the bill are reproduced for Third Reading.
- The engrossed bill is included in the Calendar of Bills for Third Reading and copies of the same are distributed to all the Members three days before its Third Reading.
- On Third Reading, the Secretary General reads only the number and title of the bill.
- A roll call or nominal voting is called and a Member, if he desires, is given three minutes to explain his vote. No amendment on the bill is allowed at this stage.
- The bill is approved by an affirmative vote of a majority of the Members present.
- If the bill is disapproved, the same is transmitted to the Archives.
Transmittal of the approved bill to the Senate
The approved bill is transmitted to the Senate for its concurrence.
Senate action on approved bill of the House
The bill undergoes the same legislative process in the Senate.
Conference committee
- A Conference Committee is constituted and is composed of Members from each House of Congress to settle, reconcile or thresh out differences or disagreements on any provision of the bill.
- The conferees are not limited to reconciling the differences in the bill but may introduce new provisions germane to the subject matter or may report out an entirely new bill on the subject.
- The Conference Committee prepares a report to be signed by all the conferees and the Chairman.
- The Conference Committee Report is submitted for consideration/approval of both Houses. No amendment is allowed.
Transmittal of the bill to the President
Copies of the bill, signed by the Senate President and the Speaker of the House of Representatives and certified by both the Secretary of the Senate and the Secretary General of the House, are transmitted to the President.
Presidential action on the bill
If the bill is approved by the President, it is assigned an RA number and transmitted to the House where it originated.
Action on approved bill
The bill is reproduced and copies are sent to the Official Gazette Office for publication and distribution to the implementing agencies. It is then included in the annual compilation of Acts and Resolutions.
Action on vetoed bill
The message is included in the Order of Business. If the Congress decides to override the veto, the House and the Senate shall proceed separately to reconsider the bill or the vetoed items of the bill. If the bill or its vetoed items is passed by a vote of two-thirds of the Members of each House, such bill or items shall become a law.
Voting requirements
The vote requirements in the Congress of the Philippines are as follows:
| Requirement | Senate (24) | House (269)* | Joint session (24 and 269) | All members (293)** |
|---|---|---|---|---|
| One-fifth | 5 | 54 | 5 and 54 | 59 |
|
N/A | N/A | ||
| One-third | 8 | 90 | 8 and 90 | 98 |
| N/A |
|
N/A | N/A | |
| Majority (50% +1 member) | 13 | 136 | 13 and 136 | 149 |
|
|
|
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| Two-thirds | 16 | 179 | 16 and 179 | 195 |
|
|
| ||
|
N/A | |||
| Three-fourths | 18 | 202 | 18 and 202 | 220 |
| N/A | N/A | N/A |
| |
*The House still has unfilled seats due to disqualification cases against elected party-list congressmen. In this case, the numbers here should be lower, depending on how many seats have been filled up.
**The constitution is silent on whether the members of Congress will or will not vote separately. In all cases, all seats are considered, including vacant seats, but excluding unfilled seats.
See also
- Politics of the Philippines
- Senate of the Philippines
- House of Representatives of the Philippines
- List of Philippine Senate committees
- List of Philippine House committees
Sources
- Ramirez, Efren V. and Lee, Jr., German G., The New Philippine Constitution. Cebu City: 1987: pp. 142–173.
- Article VI of the 1987 Philippine Constitution
- How a Bill becomes a Law
- Legislative History
- Your Legislature
References
- ^ Imelda Marcos caucuses with the Nacionalista.
External links
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