articlevi legislativedepartment 140223052603 phpapp01

8/9/2019 Articlevi Legislativedepartment 140223052603 Phpapp01

1/89

Article VILegislative Departmen


2/89

Legislative Power

Legislative power is essentially the of the government to enact laws, ramend them as well.

Legislative power in the Philippines is the Congress, which consists of bstructure, namely the Senate and thof Representative


3/89

!eaning of law"he term laws, as used previously, the statutes which are the written enaof the legislature governing the relatiopeople among themselves or betwe

and the government and its agencies.


4/89

#unctions of laws

"hrough laws, the legislative de$rights and duties of citi%ens, imposeappropriates funds, de$nes crimes and for their punishment, creates and a

government o'ces, determines their (urand functions, and in general, regulatesconduct and the use of property promotion of the common good.


5/89

)nder the *+- Constitution, the power to mpropose or amend laws is also e&tended to tin whom sovereignty resides, through the me

of initiativeand referendum.

/y Initiative, we mean that the authority is rthe people through direct participation of the

electorate in law0maing processes, either nlocal level.

/y Referendum, it means the process in whicpeople are referred directly on any 1uestion

passed by Congress or a local legislative boda roval or re ection.


6/89

2cope and Classi$catiothe Powers of Congre


7/89

1.General Legislative PowerA general legislative power of Conusually unde$ned by the Constitutpower refers to the overall authority laws for the people and the 2tate, u

Constitution itself limits the sub(ect mwhich it may legislate.


8/89

2. Specic Powers"hey are powers which the Co

e&pressly directs or authori%es Con

e&ercise.

Among the speci$c powers of Conmandated by the Constitution area.Power to declare the e&istence of the

war. 3Art. VI, 2ection 45 6*789b.Power to delegate emergency powe

President. 3Art VI, 2ec. 45 64789c.Power to Appropriation 3Art. VI, 2ec 4

d.Power to "a&ation 3Art. VI, 2ec 4 6*


9/89

e. Power to concur in treaties throu

2enate and the


10/89

3. Implied Powers

#rom the meaning itself, implied pothose authority en(oyed by the legise>ectively e&ercise its constitutionallypowers, lie the power to

investigation in aid of legislation 32ecto determine the rules of its proceedin*? 6578


11/89

4. Generally on!"elega#le Power"hese are powers that are es

inherent in the Congress, which legislation or constitutional grant

e>ect. "hese fundamental powers of tare ta&ation, eminent domain, anpower.


12/89

Composition of Congre


13/89

"he 2enate

3*8 Composition and electionIt is composed of 24 Senators.

elected at large 3nationwide8 by thevoters, as may be provided by law

)nless otherwise provided by law, thelection of 2enators shall be held on th!onday of !ay 32ec. 8


14/89

348 Term of oceIt is six (! "ears. It shall commenc

otherwise provided by law, at noon onday of @une ne&t following election 32e*8. "he Constitution has a similar provrespect to the President and Vice0

e&cept that the hour and commencement of their term of o'cbe changed by law.


15/89

358 #uali$cationsA 2enator must be

3a8 a natural0born citi%en of the Philip3b8 at least 5; years of age on the da

election 3i.e., day of the balloting893c8 able to read and write9

3d8 a registered voter9 and3e8 a resident of the Philippines for

two 348 years immediately preceding of the election 32ec. 58


16/89

3:8 %aximum of termsIn line with the state policy on e1ua

to opportunities for public service andpolitical dynasties 3Art II, 2ec. ?8, a 2e

dis1uali$ed to serve for more thanconsecutive terms 32ec.:, par. 48


17/89

"he


18/89

(&!Composition and election'selectionIt is composed of not more than 2&' m

popularly nown as CongressmenB. "

elected from legislative or congressional disthrough a party0list system. "he representatives are $lled by selection orfrom the labor, peasant, etc. and other smay be provided by law, e&cept religious se

;*8.

)nless otherwise provided by law, thelection of the members of the ense of which a mcharged is punishable by more than

imprisonment9 and:.Parliamentary immunity. "he aim of this

to facilitate that members of Congress candischarge their functions without previous r


32/89

Power of Congress


33/89

*.Fver and above, the power to maeto pass resolutions9

4."o approve appointments made President through CommissiAppointments9

5."o decide cases of electoral protestits members through an Glectoral "rib

:."o declare the e&istence of a state 4H5 votes of both


34/89

?. "o grant the President emergency powerof war and national distress9-. "o provide for the rules of presidential s

should the speaer of the


35/89

*5. "o determine or apportion seats of Ldistricts9*:. "he power to ta& and levy impositions9

*;. "o determine the disability of the Presthe Vice0President9*?. "o brea a not ion case when there isthe position of President of the =epublic9*-. "o cancel or e&tend !artial Law9

*. "o investigate in aid of legislation9*+. "o approve the annual budget of the goas prepared by the G&ecutive94E. "o determine the rules of proceedings an

Parliamentary Immunities


36/89

Parliamentary ImmunitiesArt. VI, 2ec. 4 provides two im

which a member of Congress may en(

e&ercise of his tas 3while the Congrsession8. "hese are*.A 2enator or a member of the erent dateby law, and shall continue to be in ses

such number of days as it may determ5E days before the opening of its ne&tsession, e&clusive of 2aturdays, 2undlegal holidays. "he President mayspecial session at any time.B


43/89

1.egular Session"he Congress shall meet or convene

every year beginning on the fourth !@uly for its regular session, unless ladi>erent date. Fnce the Congrconvened, the session continues

duration until thirty 35E8 days beopening of the ne&t regular session, of 2aturdays, 2undays, and legal holi

2 S i l S i


44/89

2. Special Session"he Congress may be called upon by the

anytime to consider some urgent and nation2ome peculiar characteristics includea.2pecial session has no de$nite or $&ed da

be called anytime9b.2pecial session considers only one

matterHagendum when Congress is convenpurpose9

c.2pecial session may also be called or cothe Congress9 and

d.2pecial session normally is brief and attenthe agenda being called for.


45/89

3. )ecutive SessionIn some rare cases, the Congress

the President may call for a secretclose door session when matt

concerning national interest are to discussed.

0 d 5 i


46/89

0uorum and 5usiness#uorumis the re1uired number of memb

each


47/89

"isciplinary 5e*avior

)nder the Constitution, each


48/89

Internal "isciplineInternal Discipline is an inherent legislati

"he Court once said If the power did nowould be utterly impractible to transact the bthe nation, either at all, or at least with deliberation, and order. "he humblest assembto understood to posses this power, and wouto deprive the councils of the nations authority.B

6ournal and nrolled 5ill


49/89

6ournal and nrolled 5illA-ournal is an o'cial report of the legis

written business, which arises from all the proceedings.

Art. VI, 2ec. *? 3:8each ecsecurity, and the years and nays on any 1ueat the re1uest of one0$fth of the member pentered in the (ournal. Gach house shall alrecord of its proceedings.B


50/89

An enrolled +illrefers to a bill which hduly introduced, $nally enacted by both

signed by the proper o'cers of each


51/89

7d8ournmentArt. VI, 2ec. *? 3;8 adds, neither th

during the session of the Congress shathe consent of the other, ad(ourn for mthree 358 days, nor to any other placewhich the two


52/89

+*e ,rganiation of lectoral +ri#u

Gach


53/89

*. Gach Glectoral "ribunal shall be comnine members, three whom shall be (ustic2upreme Court to be designated by t

@ustice, and the remaining si& shall be methe 2enate or the


54/89

4. !embership shall be chosen on the

the proportional representation from the parties, and the parties or organregistered under the party list represented therein95. "he 2enior @ustice in the Glectoral "ribu

be its Chairman 32ec. *-89:. !embers en(oy security of tenure. terminus with their legislative term of serv


55/89


56/89

,rganiation of t*e /ommissi

7ppointments"he Congressional and CommisAppointments 3CA8 shall approve all appomade by the Chief G&ecutive to government positions. All appointments

President can only be pursued upon the cthe Commission on Appointmentcharacteristics of the Commission are as f


57/89

*. "he Commission shall consist of the P

of the 2enate, as e&0o'cio chairm2enators, and *4 members of the ense without due proce32ec. *:8


83/89

e. o person shall be imprisoneddebts or non0payment of a poll 32ec. 4E89 andf. o e&0post facto law or bilattainder shall be enacted 32ec. 44

2 7 d t 8* S 2:


84/89

2/ 7nder rt/ 8*9 Sec/ 2:a. !oney shall be paid out the treasury, e&

punishment of an appropriation made by law9 b. o public money or property shall be ap

applied or paid, or employed, directly or indthe use, bene$t, or support of any secdenomination, sectarian institution, or system or any priest, preacher, minister or otherminister or dignitary assigned to the armed foany penal institution, or government orpleprosarium.

3/ rt/ 8*9 Sec/ 3; states no law shalpassed increasing the appellate (urisdict


85/89

passed increasing the appellate (urisdict2upreme Court as provided in this Const

without its advice and concurrence.B

4/ rt/ 8*9 Sec/ 3& declares no law grroyalty or nobility shall be enacted.B

;. "he Congress cannot pass law grantine&emption in the absence of the concurrthe ma(ority of all members of the


86/89

Legislative ower of the eople

"he legislative department is no losole body or institution, which enact pass resolutions. )nder the *+- Conthe people have the power to participatin legislating laws through initiatreferendum.

7rt. I> Sec. 32 declares "he Congas early as possible provides for a


87/89

as early as possible, provides for a initiative and referendum, and e

therefrom, whereby the people canpropose and enact laws or approve or act or part thereof passed by the Colocal legislative body after the registrpetition thereof signed by at least ten pof the total number of registered votersevery legislative district must be repreat least 5 per centum of the registerthereof.B


88/89

Gnd of =eport

Group 2


89/89

Group 2Alma%on, Ivan Christian

Dimaano, =ogiselleMuce, @esireeMutierre%, @oan /ernadette

La%aro, Cassandra!anabe, !aria Ratrina

=eyes, Patricia2aludo, Alyssa !arie

articlevi legislativedepartment 140223052603 phpapp01

Documents