The Roles and Responsibilities of the Philippine Congress

How many years of basic education must a Filipino student complete? What specific penalties await someone convicted of theft under the Revised Penal Code? How much property tax is required for a house in Quezon City? Can an Overseas Filipino Worker (OFW) in Dubai cast a vote? How fast can you legally drive along SLEX or NLEX? These questions affect our daily lives, yet we often forget who crafts the answers. In the Philippines, these rules are created by the lawmakers of the legislative branch. This guide explores the organization of the Philippine Congress, the dynamics of lawmaking, and the modern challenges facing our legislative system.

Understanding Legislative Power in the Philippines

Under the fundamental principle of Separation of Powers, the Philippine government is divided into three co-equal branches. While the Executive implements laws and the Judiciary interprets them, the Legislative branch is tasked with creating them. This is known as Legislative Power.

According to Article VI, Section 1 of the 1987 Constitution, the power to enact, amend, and repeal laws is vested in the Philippine Congress. This authority is shared only with the Filipino people through the mechanisms of initiative and referendum. Through legislation, the state addresses critical national concerns such as poverty alleviation, economic development, social justice, and human rights.

The Structure of the Philippine Congress

The Philippines utilizes a bicameral system, meaning the legislature is composed of two distinct chambers: the Senate (Upper House) and the House of Representatives (Lower House). This structure is designed to provide a system of internal checks and balances.

Composition, Election, and Terms of Office

The following data outlines how the two houses differ in terms of their membership and mandates under the 1987 Constitution.

Qualifications for Members of Congress

To ensure that lawmakers possess the necessary maturity and connection to the citizenry, the Constitution sets specific requirements for candidates:

Privileges, Prohibitions, and Sessions

Members of Congress enjoy certain protections to ensure they can perform their duties without undue interference. Under Section 11, lawmakers are privileged from arrest while Congress is in session for offenses punishable by not more than six years of imprisonment. However, they face strict prohibitions: they cannot hold any other office in the government (Section 13) or appear as counsel before any court (Section 14). They must also provide full disclosure of their financial and business interests through their SALN (Section 12).

Congress convenes for its regular session once every year on the fourth Monday of July (coinciding with the State of the Nation Address). While sessions usually continue until 30 days before the next regular session, the President holds the power to call Special Sessions at any time to address national emergencies.

Key Powers and Functions of Congress

While lawmaking is the primary role, Congress serves as a critical check on the Executive branch. The Constitution grants them the following oversight powers:

• Power of the Purse: Congress controls the appropriation of government funds. They may not increase the budget recommended by the President, but they must approve it.
• Consent on Appointments: Through the Commission on Appointments, Congress confirms or rejects the President’s choices for cabinet secretaries, ambassadors, and high-ranking military officers.
• Question Hour: Congress can request heads of executive departments to appear and answer questions regarding their department’s operations.
• Martial Law Oversight: Congress has the power to revoke or extend a presidential declaration of Martial Law or the suspension of the writ of habeas corpus.
• Impeachment: The House of Representatives has the exclusive power to initiate impeachment cases, while the Senate has the sole power to try and decide them.

Diplomatic and Emergency Powers

In the realm of international relations and national survival, Congress holds specialized authority:

1. Declaration of War: A two-thirds vote of both houses in joint session is required to declare the existence of a state of war.
2. Emergency Powers: Congress may grant the President temporary powers to carry out a declared national policy during times of war or national emergency.
3. Treaty Concurrence: No international treaty is valid unless concurred in by at least two-thirds of the Senate.

The Lawmaking Process: How a Bill Becomes a Law

The path from an idea to a Republic Act (RA) is rigorous, involving multiple stages of scrutiny:

1. Preparation: The bill is drafted by a lawmaker or a group of lawmakers.
2. First Reading: The bill’s title and number are read; it is then referred to the appropriate Committee.
3. Committee Action: The committee conducts hearings and studies. It may approve, amend, or “archive” (kill) the bill.
4. Second Reading: The bill is debated on the floor. Amendments are proposed and voted upon.
5. Third Reading: The final version is voted on. No further amendments are allowed.
6. Transmittal: If passed, the bill goes to the other chamber, where it undergoes the same three readings.
7. Conference Committee: If the two chambers have different versions, a “Bicameral Conference Committee” meets to reconcile the differences.
8. Presidential Action: Once both houses approve the final version, it is sent to the President.

The Power of the Veto

The President has three options when a bill reaches their desk:

• Sign it: It becomes a law immediately or after publication.
• Veto it: The bill is sent back to Congress with an explanation for disapproval. Congress can override a veto with a two-thirds vote in both houses.
• Inaction: If the President does not act within 30 days, the bill “lapses into law” as if it had been signed.

Legislative Performance and Statistics

A major challenge in Philippine governance is the pace of legislation. Socioeconomic problems require rapid responses, yet the bicameral process can be slow. Between the 13th and 18th Congress, thousands of bills were filed, but only a small percentage (often less than 15-20%) were enacted into law.

The data suggests that while lawmaking is active, a significant portion of legislative time is spent on “local bills” (renaming streets, establishing local hospitals) rather than “national bills” that address systemic issues like poverty and corruption.

Issues, Challenges, and Prospects

Despite being a representative democracy, the Philippine Congress faces several structural and social criticisms:

1. The Elite and “Kamag-anak, Inc.”

Observers frequently point out that Congress is dominated by the socioeconomic and political elite. Although the Constitution does not require wealth or property for candidacy, the high cost of Philippine elections effectively bars the average Filipino from running. This results in a “representation gap” where the interests of the poor may not always be prioritized by wealthy lawmakers. Furthermore, the prevalence of political dynasties—often referred to as “Kamag-anak, Inc.”—keeps power within a few families.

2. Personality-Based Politics

Unlike other democracies where parties are built on clear ideologies, Philippine political parties are often centered around personalities. Lawmakers frequently switch parties (“political butterflies”) to align with the sitting President to secure budget allocations for their districts.

3. The Bicameral vs. Unicameral Debate

The slow pace of lawmaking has led some to propose a shift to a Unicameral Parliamentary system. Proponents argue it would speed up the passage of vital laws, while critics fear it would remove the necessary “sober second thought” provided by the Senate.

The Role of the Youth

As a student, you are not just a spectator. Article II, Section 13 of the Constitution recognizes your vital role in nation-building. By understanding how laws are made, you can hold your representatives accountable, participate in public consultations, and involve yourself in civic affairs. The future of Philippine legislation—whether it remains elite-dominated or becomes truly inclusive—depends on the engagement of the next generation of voters and leaders.