Summary of the 1987 Philippine Constitution: The Legislative Branch

Definition of Legislative Power

• Legislative Power: The ability to make, alter, and repeal laws.

Classifications of Legislative Power

1. Original: Held by the people in their sovereign capacity via initiative and referendum.
2. Delegated: Held by Congress and other bodies by virtue of the Constitution.
3. Constituent: The power to amend or revise the Constitution.
4. Ordinary: The power to pass ordinary laws.

Structure of the Legislative Branch

• Bicameral Congress: Composed of two houses.
  • Upper House (Senate): 24 Senators led by the Senate President.
  • Lower House (House of Representatives): No more than 250 members, headed by the Speaker of the House.

Membership and Representation

• Reapportionment: Creation of new districts and provinces to ensure proportional representation, required within three years after a census.
• Types of Congressmen:
  • District Representatives: Represent specific congressional districts.
  • Party-list Representatives: Represent minority sectors; mandated by Republic Act No. 7941.

Qualifications

• Senators:

  • Natural-born citizen of the Philippines.
  • At least 35 years old.
  • Can read and write.
  • Registered voter.
  • Resident for at least 2 years before the election.
  • Term: 6 years, with a limit of two consecutive terms.

• House of Representatives Members:

  • Natural-born citizen of the Philippines.
  • At least 25 years old.
  • Can read and write.
  • Registered voter in the district represented.
  • Resident of the district for at least 1 year before the election.
  • Term: 3 years, with a limit of three consecutive terms.

Election Types

• Regular Election: Held every second Monday of May unless otherwise provided by law.
• Special Election: Held if the regular election is delayed or to fill vacancies.

Salaries

• Determined by law.
• Increases effective only after the full term of the current members.

Sessions of Congress

• Regular Session: Convened annually on the fourth Monday of July.
• Special Session: Called for urgent national concerns.
• Executive Session: Secret sessions for matters of national interest.

Quorum

• Quorum Requirement: Majority of each house must be present to transact business.
• Absence of Quorum: Allows postponement of sessions and arrest orders for absent members.

Discipline and Punishment

• Suspension: Requires two-thirds majority; max 60 days.
• Expulsion: Requires two-thirds majority.

Legislative Journal

• Official record of congressional proceedings.

Rules and Procedures

• Rules regulate conduct, elections, and penalties within Congress.

Adjournment

• Neither house may adjourn for more than three days or to another place without mutual consent.