The Legislative Branch of the Philippine Political System

The structure of the Philippine government is rooted in the principle of separation of powers. At the heart of this system is the Legislative Branch, or the Congress of the Philippines. Created under the 1987 Constitution of the Republic of the Philippines, the current Congress represents a return to bicameralism. This followed nearly a decade of a unicameral system under the Batasang Pambansa mandated by the 1973 Constitution during the Martial Law era.

The transition occurred when President Corazon Aquino assumed office following the EDSA People Power Revolution. Using her revolutionary powers, she nullified the 1973 Constitution and promulgated the Freedom Constitution. This interim document remained in effect until the 1987 Constitution was drafted by 50 appointed delegates and ratified by the Filipino people. This restoration reinstated the presidential system and a two-chamber legislature: the Senate and the House of Representatives.

The Philippine Senate: The Upper House

The Senate of the Philippines is composed of 24 Senators elected “at-large” by the entire qualified electorate of the country. This means they do not represent specific geographical districts but the nation as a whole.

Qualifications and Term Limits for Senators

To ensure that national leaders possess the necessary experience and citizenship, the 1987 Constitution sets specific requirements:

• Citizenship: Natural-born citizen of the Philippines.
• Age: At least 35 years old on the day of the election.
• Literacy: Able to read and write.
• Voter Status: A registered voter.
• Residency: A resident of the Philippines for not less than two years immediately preceding the election day.

Senators serve a six-year term. The Constitution strictly limits them to two consecutive terms. After serving 12 consecutive years, a senator is barred from running again immediately. However, they may run for the Senate again after a “rest period” of one term (6 years). Voluntary renunciation of the office does not interrupt the continuity of service for the full term for which the senator was elected.

The Philippine House of Representatives: The Lower House

The House of Representatives serves as the “voice of the people,” representing specific local interests and marginalized sectors. It is composed of two types of members: District Representatives and Party-list Representatives.

Composition and Representation

District representatives are elected by qualified voters in specific territorial units (provinces or cities). Party-list representatives are elected through a national proportional representation system, designed to give voice to underrepresented sectors as provided in RA 7941 (Party-List Law).

By constitutional mandate, party-list representatives should constitute 20% of the total membership of the House. For historical context, in the 13th Congress (2004–2007), there were 212 district representatives and 24 party-list representatives.

Qualifications and Term Limits for Representatives

• Citizenship: Natural-born citizen.
• Age: At least 25 years old on the day of the election.
• Literacy: Able to read and write.
• Residency: For district representatives, a registered voter and resident of the district for at least one year. (Party-list representatives are not bound by district residency).

Representatives serve a three-year term and are limited to three consecutive terms (a total of 9 years). Like senators, they must wait for one term (3 years) before seeking reelection after reaching the limit.

Feature	Senate (Upper House)	House of Representatives (Lower House)
Total Members	24	Not more than 250 (unless changed by law)
Election Scope	National (At-large)	District and Party-list
Term Length	6 Years	3 Years
Term Limit	2 Consecutive Terms	3 Consecutive Terms
Minimum Age	35 Years Old	25 Years Old

Compensation, Vacancies, and Transparency

If a vacancy occurs due to death or permanent incapacity, a special election may be called. The winner serves only the unexpired portion of the predecessor’s term.

Legislative salaries are determined by law. However, an important safeguard exists: no increase in compensation shall take effect until after the expiration of the full term of all the members of the Senate and the House of Representatives approving such increase. This prevents officials from instantly benefiting from their own legislation regarding pay. While books of accounts are constitutionally mandated to be public, accessibility remains a point of contention in political practice, though the Commission on Audit (COA) is tasked with publishing annual itemized expenditures.

Parliamentary Immunity and Ethics

To ensure legislators can perform their duties without fear of harassment, they are granted Parliamentary Immunity:

1. Immunity from Arrest: While Congress is in session, members are immune from arrest for offenses punishable by not more than six years of imprisonment.
2. Privilege of Speech: Members cannot be questioned or held liable in any other place for any speech or debate made in Congress.

However, this is not absolute. Slanderous remarks made in private or behavior deemed “disorderly” can be disciplined by their respective chambers. Members are also required to make a Full Disclosure of Financial Interests to prevent conflicts of interest.

Prohibitions and Conflicts of Interest

The Constitution prevents “Incompatible” and “Forbidden” offices to maintain the independence of the legislature:

• Incompatible Office: A member cannot hold any other office in the Government during their term without forfeiting their seat.
• Forbidden Office: A member cannot be appointed to any office created (or an office where the salary was increased) during the term for which they were elected.
• Legal Counsel Prohibitions: Legislators who are lawyers cannot personally appear as counsel before any court of justice, electoral tribunal, or quasi-judicial body. This prevents “undue influence.”
• Financial Prohibitions: They are forbidden from having financial interests in any government contract or franchise granted during their term.

The Power to Discipline Members

Each chamber has the power to:

1. Determine the rules of its proceedings.
2. Punish members for disorderly behavior.
3. Suspend (max 60 days) or expel a member with a two-thirds vote of all its members.

Powers of the Philippine Congress

Congress exercises both Legislative (lawmaking) and Non-Legislative powers. Non-legislative powers include the power to canvass presidential elections, declare the existence of a state of war, and give concurrence to treaties.

The Lawmaking Process

A bill must pass through both houses and undergo three readings on three separate days (unless certified as urgent by the President).

1. First Reading: Title and number are read; the bill is referred to a committee.
2. Committee Action: The committee studies the bill. It may kill the bill or recommend it for approval.
3. Second Reading: The bill is read in full, debated, and amended on the floor.
4. Third Reading: Members vote on the final form of the bill. No amendments are allowed at this stage.
5. Transmission: If passed, it goes to the other house for the same process.
6. Bicameral Conference: If there are differences between the House and Senate versions, a “Bicam” committee reconciles them.
7. Presidential Action: The President signs it, vetoes it (which Congress can override with a 2/3 vote), or allows it to lapse into law after 30 days.

Power of Legislative Investigation

Congress can conduct inquiries “in aid of legislation.” This allows them to oversee the executive branch and gather info for new laws. They have the power to summon officials and punish uncooperative witnesses for contempt.

Power of Appropriation (Power of the Purse)

Congress decides how the national budget is spent. While they cannot increase the budget proposed by the President, they can reduce it. All appropriation, revenue, or tariff bills must originate exclusively in the House of Representatives, though the Senate may propose amendments.

Power of Taxation

Congress has the sole power to impose taxes. These must be:

• Uniform: Same class, same rate.
• Equitable: Based on the capacity to pay.
• Progressive: Tax rates increase as the tax base (income) increases.

War Powers and Treaties

Congress, by a two-thirds vote of both houses in joint session (voting separately), has the sole power to declare the existence of a state of war. Furthermore, any treaty or international agreement entered into by the President requires the concurrence of at least two-thirds of the Senate to be valid.

The Impeachment Power

Impeachment is a “national inquest” into the conduct of high-ranking officials.

Impeachable Officers:

• The President and Vice-President
• Members of the Supreme Court
• Members of the Constitutional Commissions (COA, COMELEC, Civil Service)
• The Ombudsman

Grounds for Impeachment:

1. Culpable violation of the Constitution
2. Treason
3. Bribery
4. Graft and Corruption
5. Other High Crimes
6. Betrayal of Public Trust

The Impeachment Process:

• Initiation: The House of Representatives has the sole power to initiate. A vote of one-third of all members is needed to send the Articles of Impeachment to the Senate.
• Trial: The Senate has the sole power to try and decide.
• Conviction: Requires a two-thirds vote of all Senators. If the President is on trial, the Chief Justice of the Supreme Court presides.

Power to Amend the Constitution

Congress can propose changes to the 1987 Constitution through:

• Constituent Assembly: Congress, upon a vote of three-fourths of all its members, proposes amendments.
• Constitutional Convention: Congress may call for a convention by a two-thirds vote, or submit the question of calling one to the people by a majority vote.
• Ratification: Any change must be approved by the people in a plebiscite held between 60 to 90 days after the proposal’s approval.

The Legislative branch serves as a critical check on the Executive and Judiciary, ensuring that the will of the Filipino people is translated into the laws of the land.