Philippine Government: The Legislative Department

Main Ideas and Concepts (with Structure)

1) Legislative Department Overview (What It Is)

The video explains the legislative department of the Philippine government, focusing on Congress.

Primary topics covered:

• Primary functions of Congress
• Senate: composition and qualifications of senators
• House of Representatives: composition and qualifications of representatives
• Powers of Congress

2) Constitutional Basis: Bicameral Congress

Under Article VI, Section 1 of the 1987 Constitution:

• Legislative power is vested in the Congress, which consists of:
  • Senate
  • House of Representatives

The video corrects a common misconception:

• Congress is not just the House of Representatives—it includes both chambers.

Key distinction emphasized:

The legislative power is exercised by Congress as a whole (all its members), not by a single person. This contrasts with the executive branch, where power is vested in one person (the President).

3) What “Legislative Power” Means (vs. Executive Power)

As described in the video (based on the court’s concept):

• Legislative power is the power to propose, amend, and repeal laws.

By contrast, the executive department:

• Implements/executes laws made by Congress.

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4) Senate: Composition and Qualifications

Composition

• The Senate consists of 24 senators.
• Senators are elected at large (directly by the people).
• Electoral detail noted:
  • In each senatorial election, voters vote for 12 candidates, but the Senate ultimately totals 24 senators.

Qualifications of a Senator (5 points)

1. Natural-born citizen (not naturalized)
2. At least 35 years old on the day of the election
   • The video stresses it’s the age on election day that matters, not age at filing of the certificate of candidacy.
3. Able to read and write
4. Registered voter
5. Resident of the Philippines for at least 2 years immediately preceding the election

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5) House of Representatives: Composition and Qualifications

Composition

• The House consists of 250 members, though the video states current membership is “300+.”
• Two types mentioned:
  • District representatives
  • Party-list representatives
• Party-list discussion is deferred:
  • The video says it will discuss the party-list system separately.

Qualifications of a Member of the House (5 points)

1. Natural-born citizen
2. At least 25 years old on the day of the election
3. Able to read and write
4. Registered voter in the district where the candidate will be elected
   • Contrasts with senators, who only need to be registered voters anywhere in the Philippines.
5. Resident of the district for at least 1 year immediately preceding the election

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6) Powers of Congress

The video organizes Congress’s powers into:

• Legislative powers
• Non-legislative (oversight/constitutional) powers

A) Legislative Powers

The video presents Congress’s core legislative abilities through categories and specific powers, including:

1. General plenary power

   • Broad legislative authority to craft laws and shape public policy.

2. Power of appropriation (“power of the purse”)

   • Authority to allocate and authorize disbursement of public funds.
   • Supports government operations, programs, and public services.

3. Power of taxation and power of expropriation

   • Taxation: impose and collect taxes.
   • Expropriation: take private property for public use with just compensation.

4. Legislative investigations / inquiries (in aid of legislation)

   • Congress conducts inquiries to support lawmaking.

5. Questioning/oversight of executive department heads

   • Congress may request department heads/cabinet members to appear and answer questions.
   • Described as the oversight function.

B) Non-legislative Powers (Checks and Balances)

These powers enable Congress to act as a co-equal and independent branch, providing checks on the executive and judicial branches, promoting accountability, and safeguarding democracy:

1. Canvassing votes in presidential and vice-presidential elections

   • Congress examines certificates of canvass from provinces/cities/municipalities.
   • Determines the final official results.

2. Declaration of a state of war

   • Congress (not the President) has the sole power to declare war.

3. Confirmation of presidential appointments and concurrence in amnesties

   • Commission on Appointments (CA):
     • Composed mainly of members from both Senate and House.
     • Confirms presidential appointments (e.g., cabinet members, ambassadors, and other presidential appointees).
   • Congress also concur(s) with presidential grants of amnesty.

4. Amendment/revision of the Constitution

   • Congress may propose constitutional amendments/revisions using either:
     • Constituent Assembly (Congress drafts amendments), or
     • Constitutional Convention (delegates elected to draft changes).

5. Impeachment

   • Congress can impeach and remove high-ranking officials, including:
     • President, Vice President, and certain members of the Judiciary.
   • Roles in impeachment:
     • House of Representatives initiates by filing articles of impeachment
     • Senate acts as the impeachment court

Concluding Point

Congress is presented as central to democracy because it:

• Represents the people’s participation in decision-making, and
• Shapes national direction and policies.

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Speakers / Sources Featured

• Speaker: Not explicitly named in the subtitles (lecturer/instructor speaking to the class).
• Source referenced: The Court (for the definition/description of legislative power).
• Legal source referenced: 1987 Philippine Constitution (Article VI, especially Sections 1 and 5).