Pre-Colonial Philippines had Barangay Societies ruled by Datus or Rajahs assisted by a Council of Elders who made rules for the barangay
The colonization of the Philippines by Spain was facilitated by the absence of a centralized government and legislature
During Spanish colonialism, the laws of the Philippines were directly influenced by Spanish legislation due to its status as a direct colony of Spain
The aspirations of the Ilustrados (educated Filipinos) emerged during the Spanish colonial era
After the Spanish-American War in 1898, the Philippines came under American rule
Legislature during American Regime
1. Headed by Jacob Gould Schumann
2. Commission Government (1901-1907) headed by William Howard Taft with legislative and executive power
3. Municipal Government Code 1901 (Act 82) established Filipino voter qualifications
Filipino voter qualifications in 1901
Must be a Male
At least 23 years old
Must be English or Spanish Literate
Must held office pre-August 13, 1898
Must own real property worth US dollar or paid $15 tax annually
Only few Filipinos, 10,466 or 1.5%, could participate in the first-ever election under American rule
The Tydings-McDuffie Act paved the way for Philippine independence with the establishment of a transition Commonwealth government and the drafting of a 1935 Constitution
The 1935 Constitution gave suffrage and maintained elite dominance in the legislature
The Japanese invaded the Philippines in 1942 and established the Philippine Executive Commission (PEC) under Japanese Military Administration with limited legislative power
Legislature during Japanese Occupation
1. Preparatory Commission for the Philippine Independency drafted a 1943 Constitution
2. National Assembly was unicameral composed of provincial governors, city mayors, and one elected representative from each province
3. President had strong power to make the legislature subordinate into executive and appoint provincial governors and city mayors
The Philippine Assembly had 80 members and the major issue that pre-occupied it was Philippine Independence
The US Congress enacted the Philippine Autonomy Act or Jones Law in 1916 which recognized the Philippine legislature as bicameral
The Philippine Legislature existed from 1915 to 1935
Qualifications for Senator (1935 Constitution)
Natural-born citizen of the Philippines
At least 35 years old
Qualified elector
Resident of the Philippines for not less than 2 years immediately prior to election
Qualifications for Representative (1935 Constitution)
Natural-born citizen of the Philippines
At least 25 years old
Qualified elector
Resident of the province in which he is chosen for not less than 1 year immediately prior to election
Each chamber of the Congress had its own elected officers, electoral tribunal, and rules
The last legislature of the Philippine Commonwealth was the first Congress of the Republic of the Philippines in July 1946, lasting until Martial Law was declared in 1972
Powers and Functions of the Congress (1935 Constitution)
Legislative
Executive
Judicial
Diplomatic
Constituent
Congress was controlled by rural interests, failed to pass crucial legislation, and neglected agricultural development and agrarian reform, benefiting the traditional landed elite
Martial Law was declared in 1972, leading to constitutional changes and legislation by Presidential Decree
Prime Minister (PM)
Head of the government, elected by a majority of all members of the National Assembly, appoints Cabinet and Deputy Prime Minister, Commander-in-Chief of armed forces
Deputy Prime Minister (DPM)
Heads the ministry and performs other functions assigned by the PM
The 1973 Constitution established a modified parliamentary form of government with a unicameral National Assembly
The Interim Batasang Pambansa replaced the Interim National Assembly, with members including regional representatives, youth, industry, and agriculture sectors, and those chosen by the President from the Cabinet
The Batasang Pambansa was a unicameral legislature that existed from 1978 to 1984, with members serving 6-year terms
Qualifications of Batasang Pambansa members
Natural-born citizen of the Philippines
At least 25 years old on the day of election
Able to read and write
Registered voter in the constituency
Resident for at least 6 months immediately preceding election
The 1987 Constitution restored a bicameral Congress with a Senate and House of Representatives
Senate composition
24 members
Serve 6-year terms, max 2 consecutive terms
House of Representatives composition
Not more than 250 members
Elected from legislative districts and through party-list system
The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.
Types of Legislation
National
Local
National Legislation
Congress
People (through Initiative or Referendum)
People's Initiative
RA 6375 : enabling law that implements the people's right to initiate constitutional amendments
Constitutional Amendment Process
Constitutional Assembly (Con-Ass)
Constitutional Convention (Con-Con)
Local Legislation
Sanggunian (Panlalawigan, Panglungsod, Bayan)
Types of Resolutions
Simple
Joint
Concurrent
Bills
Become law if approved by both houses and the President, can be overridden by 2/3 vote after a presidential veto. If the President takes no action, the bill becomes law after 30 days.
Dominance of the socioeconomic and political elite in both chambers of the legislature