THE LEGISLATIVE DEPARTMENT

*Please refer to Art VI of the Philippine Constitution by De Leon for a more comprehensive discussion. Below is merely a summary.

What is Legislative Power?

- Otherwise known as law-making power or the power to make laws that are legal and binding.

Where is Legislative Power lodged?

- Legislative Power is lodged in the Congress of the Philippines- The Philippines has a bicameral congress

What is a bicameral Congress?

- It means two-house or two-chamber legislature- The upper house is otherwise known as the House of Senate- The lower house is otherwise as the House of Representatives

How many senators comprise the House of Senate?

- There are 24 senators elected nationwide- Qualifications:

A natural-born citizen of the Philippines At least 35 years of age Able to read and write A registered voter A resident of the Philippines for at least two years before election

- Term of office: A term of 6 six years with a possible re-election for two consecutive terms

How many representatives ( congressmen) comprise the House of Representatives?

- There shall be composed of not more than 250 members- Of the 250 members, 20% or 50 shall be allocated for sectoral representation/ party list

representatives, the rest of the seats are for district representatives- Qualifications:

A natural-born citizen At least 25 years of age Able to read and write

A registered voter A resident of a legislative district for at least a year before election

- Term of Office:

A term of three years with a possible re-election for three consecutive terms

Disqualifications of members of Congress

- They cannot hold office or employment in another branch of government Example: a senator cannot serve cannot be a cabinet member , a judge , or a member of the

armed forces ( incompatible offices )- They cannot financially be interested in any government contract, franchise or special interest of

the government Think of Villar and the C5 controversy

- They cannot appear as lawyers before any court, electoral tribunal, or quasi-judicial body

Officers of Congress

- Senate president- Speaker of the House- They are elected by a majority vote of the members of their respective houses

Congressional Immunity

- Any member of congress can speak freely to the house without fear of being questioned or held liable for his statements ( immune from libel suit); this is otherwise known as privilege of free speech

- Any member also enjoys freedom from arrest during session except for crimes involving at least 6 years imprisonment

Powers and Duties of Congress

1. To make laws and pass resolutions2. To approve annual budget of the government3. To ratify treaties with other states4. To declare war5. To expose or investigate matters of public interest about the work of government ( investigation

in aid of legislation )

6. To decide cases of impeachment involving the president, supreme court justices, members of Constitutional Commission and Tanodbayan

7. To propose amendments to the constitution or to call for a constitutional convention8. To certify, authenticate and canvass vote of the president and vice-president; in case of tie, to

decide the winner by a majority vote of all members of congress9. To cancel or extend a martial law declaration by the president10. Through an electoral Tribunal, decide cases of electoral protest involving its members11. Through a commission on appointments, to approve appointment made by the president

PLEASE ANSWER THE PROBLEM BELOW:

Lady Gaga, a 26 year old born of Filipino father and a New Yorker mother, came home from California November 2009 to join the senatorial elections scheduled May 2010. Her qualifications was questioned by Michael V. on the grounds that she is not a Filipino citizen. She countered by saying she is a dual citizen, therefore a Filipino citizen. COMELEC having adjudicatory power related to election controversies, decided in favour of Lady Gaga and consequently she emerged the winner but not without contestation. Michael V. protested on the grounds of cheating and brought the matter before the COMELEC.

(1) Is Lady Gaga eligible to run in the senatorial elections? Why/Why not? (2) If you are COMELEC, would you try/adjudicate the election protest lodged by Michael V.? Why/

Why not?