Legislative Power and Congress

Definition of Legislative Power

• Legislative power refers to the authority to make, alter, or repeal laws as granted by the Constitution.
• This power is primarily vested in Congress.

Authority of Congress

• President Duterte's call to stop investigations contradicts Congress's plenary power to conduct inquiries in aid of legislation (not re-election).
• Legislative power is fundamental and is based on the Constitution, which serves as the foundation for all laws.

Structure of Congress

• Congress is bicameral, consisting of:
  • Senate
  • House of Representatives
• Legislative power can also reside with the people through initiatives and referenda (Article 6, Section 1).

Plenary Power of Congress

• Congress has the comprehensive authority to legislate on any topic, including renaming streets.
• Limitations exist only under the Constitution, particularly regarding immoral legislation.

Initiative and Referendum

• Under Article 6, Section 32, people can initiate laws or reject acts passed by Congress through initiatives.
• Congress must enact laws to operationalize initiatives, as noted in cases like Santiago v. Comelec.
• The definition of political dynasty remains unaddressed by Congress since 1987, leading to potential initiatives by the people.

Bicameral Structure of Congress - Qualifications

Senate

• Composed of 24 senators, staggered elections every three years.
• Senators must be:
  • At least 35 years old
  • Natural born citizens
  • Able to read and write
  • Residents for at least two years prior to the election
• Term: 6 years, with a maximum of 12 years (2 terms).

House of Representatives

• Composed of 250 members elected by the people.
• Representatives must be:
  • At least 25 years old
  • Natural born citizens
  • Registered voters and residents for one year prior to election.
• Term: 3 years, with a maximum of 9 years (2 terms).

Legislative Districts

• District representatives are elected from various legislative districts, which Congress has the authority to apportion.
• Legislative districts should be contiguous and compact in territory.
• Gerrymandering is the manipulation of district boundaries to favor a particular party.

Party List System

• 20% of the House is reserved for party list representatives, which cater to marginalized and underrepresented sectors.
• Qualified sectors include labor, youth, women, and indigenous communities, but religious sectors are disqualified.
• Organizations must receive at least 2% of the votes to earn representation, with additional seats allotted based on proportion of votes received.

Salaries and Immunities

• Members of Congress are governed by the Salary Standardization Law and they cannot increase their salaries until after their term.
• Members cannot be arrested during Congress sessions for offenses under six years, except for more serious crimes.
• Members cannot be held liable for speeches made in Congress.

Disqualification from Congress

• Members cannot hold other governmental positions concurrently.
• They are prohibited from financial interests in government contracts during their term.
• Members must not appear as counsel in court during their term.

Legislative Process

Bill Origin and Voting

• All appropriation and revenue bills must originate from the House of Representatives.
• Bills must pass three readings in both houses before being signed by the President.
• The enrolled bill must be certified by the presiding officers of both houses before being sent to the President.

Presidential Actions on Bills

• The President can sign, veto, or allow a bill to become law by inaction (if not signed within 30 days).
• A vetoed bill can be reconsidered and passed if two-thirds of both houses agree.

Congressional Powers and Special Sessions

• Congress can declare war (by a two-thirds vote).
• The President can call special sessions for urgent issues, but it is often used to release budget allocations.