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The Legislative
The Legislative Power of Philippine Government is vested in a bicameral set-
up of congress which is composed of the Senate and the House of
Representatives. Though the members of the two houses are elected
differently and their term of office is not the same, they maintain a co-equal
status but independent jurisdiction of legislative powers. The legislative
branch has tremendous powers at its disposal; the power to legislate laws
which govern the state and all the citizens. It is the only branch of
government possessed with the inherent power of the state; police power
and power of taxation. The power of the purse or the power to tax and
appropriate makes this branch very powerful. However, though the
legislative branch gives laws to another and the state in general, it is not
supreme against the two departments; the three branches of government
maintain a co-equal status.

In this chapter, learners are expected to:

1. Discuss the roles and responsibilities of the Philippine Senate and the
House of Representatives;
2. Assess the performance of the Philippine Congress;
3. Appraise the impact of Congress’s performance on Philippine
development;
4. Articulate a position or advocacy to a Philippine legislator through a
formal correspondence.

Legislative Power

Legislative power is the power of the legislative branch to make laws

defined in the constitution. It has also the power to alter or repeal them.

Classification of Powers of Congress

1. General Legislative Power

- the power to enact laws which govern the conduct of the state and the
individuals as well as the relations between the state and individuals.

2. Specific Powers
- powers which are articulated in the constitution and directly
authorize Congress to exercise.

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 Examples:

 The power to choose the president in case there is a tie among

the presidential candidates.
 To confirm or reject appointments made by the president
through the Commission on Appointments.
 Declare the existence of war.
 Impose taxes.
 Appropriate money.
 To act as jurors in the impeachment trial of the president.
 To act as constituent assembly.

3. Implied Powers
- a power which allows Congress to exercise authority that is necessary
and effective for the conduct of their duty.

Examples:

 To conduct inquiry and investigation in aid of legislation.

 To punish for contempt.
 To determine the rules of its proceedings.

4. Inherent Powers
- a power possessed and exercised by every government for its
existence and development.

Examples:

 Eminent Domain.
 Police Power.
 Power of Taxation.

Principle of Separation of Powers

The principle of separation of powers is one of the distinguished

characteristics of democracy. Under this principle, the three branches of
government exercise distinct independent powers which are specifically
articulated in the constitution. Each department maintains independence
from the other which prohibits them to encroach upon the powers given to
the others. The idea of separation of powers is not to pit the three branches
against the other but to clearly define the powers, responsibilities and
accountability of each department.
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Separation of Powers in the Following Systems of Government

1. Presidential System

- in this type of system, the powers of government are vested and

divided in the three branches of government; the legislative, executive
and the judiciary. Each branch exercises powers and authority defined
in the constitution and is considered co-equal.

2. Parliamentary System

- the separation of powers between the legislative and executive

practiced in the presidential system is not practiced in this type of
setup, rather than separating the powers, parliamentary system fused
together the powers of the executive and legislative branch and
exercises the functions of legislating laws and executing them under
the power of one body.

3. French Presidential-Parliamentary System

- the powers established by this system are remarkably divided

between the two prominent political figures; the president who is
considered the head of state and the prime minister who is considered
the head of government. The two heads have a distinct political
powers but in this setup, the president commands tremendous power
over the prime minister. The president is elected though national
election and has a fixed term of office while the prime minister is
elected by the MP’s or Members of the Parliament and has no fixed
term of office.

Principle of Checks and Balances

The principle of separation of powers is an idea practiced under the

presidential system of government like in the Philippines; however
the principle of checks and balances also adopted by this system
makes it difficult for each department to be totally independent
without encroachment from the other branch. This principle makes
the presidential set-up trustable and is ideal safeguard for preventing
abuse of power of those who are in the position. In addition, the
principle gives each department authority granted in the
constitutional provisions to check and balance each department.

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In order for each department to check and balance each other, the
constitution specifically articulated how each branch can encroach on
the affairs of the other without fear of constitutional violations.

Principle of checks and balances as practiced by the following

branches:

1. Checks by The Executive (President )

 The veto power of the president: the president may

approve or disapprove the bills enacted by Congress.
 The pardoning power of the president, the power to grant
amnesty, or modify or set aside the judgments of the court.

2. Checks by Congress

 May override the veto of the president

 Reject appointments
 Revoke the proclamation of martial law or suspension of
the privilege of the writ of habeas corpus
 The power to impeach the president and members of the
Supreme Court
 Power to revise the budget prepared by the executive
branch
 Amend or revoke decisions made by the courts
 Power to define, prescribe and apportion the jurisdiction of
the various courts
 Determine the salaries of the president and the vice-
president, members of the Supreme Courts and lower
courts

3. Checks by the Judiciary

 May declare legislative measures or executive acts

unconstitutional

Functions of Legislative Branch

1) Legislative Function – the power to legislate laws which

are called legislative acts or statutes.
2) Executive Function - the power to confirm appointments
made by the president.
3) Judicial Function – inquiry or investigation conducted in
aid of legislation, during impeachment proceedings against
public official.
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4) Constitutional Function – power to propose amendments

to the constitution
5) Electoral Function – the Congress serves as a canvassing
board to determine the validity of electoral returns for
president and vice-president.
6) Financial Function- approves, alters, or revises the budget
presented by the executive branch.
7) Investigatory Function – the legislative conducts hearings
or investigations.
The primary function of the legislative department is to make
laws. This function could not be delegated to other branch of
government unless otherwise provided for by the constitution.
Under the power to legislate, the following steps must be
followed in the passage of a bill.

Steps in the Passage of a Bill

1. First Reading Any member of either house may

present a bill. The bill is filed with the
Office of the Secretary.
2. Referral to Appropriate The bill is referred to committee or
Committee committees for study and consideration.
3. Second Reading If the committee favors the bill, it is
forwarded to the Committee on Rules to
be calendared for deliberation on second
reading.
4. Debates Members of the house will deliberate on
the importance of the bill. Amendments
may be proposed. The house may either
reject or pass the bill.
5. Printing and Distribution After approval, copies of the bill are
printed and distributed among members
of the house three days before its
passage.
6. Third Reading Only the title of the bill is read and
members of the house will decide on the
approval of the bill.
7. Referral to the other If the bill is approved, the Senate
House president and Speaker of the house will
sign the bill.
8. Submission To Joint The bill is submitted to conference
Bicameral Committee committee of both houses for
compromise or to reconcile conflicting
provisions.
9. Submission to the A bill is transmitted to the president for
President his/her action.

When Does a Bill Become a Law?

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 There are three ways for a bill to become a law.

1) When the president affix his/her signature.

2) When the President vetoes the bill, it will automatically go
back to the house where it originated and it will be decided
upon by the house through a two-thirds vote of all the
members of both houses.
3) If the President allows the bill to be on his/her desk for
thirty days without communicating to the congress his veto.

Veto Power of the President

Veto is the Latin word for “I forbid” or “deny.” Veto power is one of the
powers given to the executive branch i.e. the President to check and
balance the legislative department. Veto is part of the principle of
checks and balances.

Purpose of Veto

 To check and balance the legislative department of the co-

equal branch which is the executive.
 To maintain equilibrium in the government.
 To maintain the interdependence of the branches of
government.
 For the executive branch to have a direct check on the
passage of legislative.
 Measures that could be of help to the development of the
state.

Activities and Exercises

1. Explain the rationale behind granting legislative power to the Philippine

Senate and the House of Representatives.
2. Explain the Principle of Separation of Powers in your own words.
3. Research about an existing bill which is yet in the process of being
legislated and discuss its importance and relevance to the Filipinos.

Prepare for a formal correspondence with a Philippine legislator. Think of

questions to ask the preferred legislator with regard to the legislative power
and his or her responsibilities in the Senate or Congress.
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Glossary

General Legislative Power- is the power to enact laws which govern the
conduct of the state and the individuals as well as the relations between the
state and individuals.

Implied Powers- a power which allows Congress to exercise authority that

is necessary and effective for the conduct of their duty.

Inherent Powers- a power possessed and exercised by every government

for its existence and development.

Legislative power- is the power of the legislative branch to make laws

defined in the constitution. It has also the power to alter or repeal them.

Specific Powers- powers which are articulated in the constitution and

directly authorize Congress to exercise.

References

B. Ponton & P. Gill. (1982). Politics, Introduction. New York: Basil Blackwell
Tuibeo, A. (1998). Politics and governance: A critical introduction. Makati:
Grandwater Publication.
Magstadt, T. & Schoten, P. (1988). Understanding politics: ideas, institutions,
& issue. New York: St. Martin’s Press
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