LEGISLATURE

• Legislature


  Primary representative institution within a democratic society
• Legislature


  Primary means for the definition and enactment of law and public policy
• Legislature


  Serves as an arena within which needs are articulated and a public forum for all points of view, reflecting the major division in society
• Bicameral legislature


  Two chambers (or houses) that have broadly equal powers, perform equal functions, and responsibility
• Bicameral legislature


  • Representation of different classes and groups
  • Providing checks and balances
  • Ensuring deliberation of legislative measures
• Legislative Power


  Authority under the Constitution to make, alter and repeal laws
• Laws


  Statutes which are the written enactments of the legislature
• Committee System


  An integral part of every legislature
• Committees


  • Small work groups of members set up in almost all legislative bodies and established on a subject basis
  • Reducing the otherwise unmanageable volume of work of members of legislature
  • Allowing some degree of specialization among members
• Legislative committees


  • Workshops of lawmaking
  • Hold hearings to obtain information and publicize issues
• Legislature through committees


  • Make detailed consideration of legislative measures
  • Examine financial proposals
  • Scrutinize government administration and past expenditures
  • Investigate matters of public concern
• Representation


  Legislature should be a body acting slowly and deliberately and its foremost concern should be to maintain a carefully crafted balance of power among competing interests
• Trustee view of representation


  Legislatures should act as trustees of the broad interests of the entire society and vote against the narrow interests of their constituents as their conscience and their perception of national needs dictate
• Instructed-delegate view of representation


  Legislatures should behave according to what their constituents dictate
• Legislation


  The process of making laws, and amending or repealing them
• Legislation


  Involves the formulation/initiation, deliberation, discussion, and review of policies
• Functions of laws


  • Define the rights and duties of citizens
  • Impose taxes
  • Appropriate funds
  • Define crimes and provide for their punishment
  • Create and abolish government offices
  • Determine their jurisdiction and functions
  • Regulate human conduct and the use of property
• Bill


  A proposed law; a draft of a law submitted to the consideration of a legislative body for its adoption
• Steps in the passage of a bill

  1. First reading - propose inclusion of additional authors; read by its number, title and author/s

  2. Referral to appropriate committee - study and consideration

  3. Second reading - bill is forwarded to the Committee on Rules to be calendared for deliberation

  4. Debates - insertion of changes or amendments

  5. Printing and distribution - copies are distributed three days before its passage

  6. Third Reading - only the title of the bill is read

  7. Referral to the other House

  8. Submission to joint bicameral committee

  9. Submission to the President - for approval and disapproval
• Statute


  Written will of the legislature
• Formal parts of a law (statute or bill)


  • Title - announces the subject matter of the act
  • Preamble - follows the title and precedes the enacting clause, explains the reasons for the enactment
  • Enacting clause - formal means of identifying the legislative body that enacts the law
  • Body - contains the proposed law or statute
  • Effectivity clause - time when the law shall take effect
• When bill becomes a law

  • When the President approves the bill by signing it
  • Through a vote of two-thirds of all the members of both Houses
  • President does not communicate his veto within 30 days after date of receipt
• Legislative Oversight


  The process by which the legislature follows up on the laws it has enacted to ensure that they are being enforced and administered in the way the legislature intended
• Legislative Oversight


  Done through legislative inquiries and investigations of governmental operations
• Legislative Oversight


  Can be a very effective check on the executive and the bureaucracy
• System Maintenance Function


  • Legislatures serve as a good training ground for future leaders or for future members of the executive branch
  • Members of the legislature form a pool of talent, experience, and ambition from which leading decision makers emerge
  • As multimember institutions, seats are apportioned among different groups, thereby facilitating integration at the mass level
• Classification of powers of Congress

  • General legislative power
  • Specific powers
  • Implied powers
  • Inherent powers
• The Senate


  • Composition and election - 24 Senators
  • Term of office - 6 years
  • Qualifications - natural-born citizen, at least 35 years of age, able to read and write, a registered voter, resident of the Philippines for not less than 2 years
  • Maximum terms - Disqualified to serve for more than 2 consecutive terms
• The House of Representatives

  • Composition and election/selection - Not more than 250 members, elected from legislative or congressional districts & through a party-list system
  • Term of office - 3 years
  • Maximum terms - Not more than 3 consecutive terms
  • Qualifications - natural-born citizen, at least 25 years of age, able to read and write, a registered voter, resident of the district for not less than 1 year
• Sessions of Congress


  • Regular session - legislate on any matter it deems fit
  • Special session - the President calls Congress
  • Executive sessions - secret meetings
  • Closed session - issue to be discussed involves national security
• Officers of Congress


  • Election of the Senate President and Speaker of the House of Representatives - Majority vote of all its respective members
  • Quorum - number that makes a lawful body, at least one-half plus one of the members of the body
• Budget


  Financial program of the national government for a designated calendar year, statements of estimated receipts from revenues and expenditures, prepared by the President and submitted to Congress intended as a guide to determine governmental activities and how public funds should be spent
• Veto power by the President


  "I forbid" or "deny", power to disapprove acts passed by Congress
• Legislature


  • Primary representative institution within a democratic society
  • Primary means for the definition and enactment of law and public policy
• Legislature


  • Serves as an arena within which needs are articulated and a public forum for all points of view, reflecting the major division in society
• Bicameral legislature


  Two chambers (or houses) that have broadly equal powers, perform equal functions, and have equal responsibility
• Bicameral legislature


  • Merits include the representation of different classes and groups, providing checks and balances, and ensuring the deliberation of legislative measures
• Legislative power


  Authority under the constitution to make, alter, and repeal laws
• Laws


  Statutes, which are the written enactments of the legislature
• SANCHEZ: 'Law is a rule of conduct, just, or obligation promulgated by the competent authority for the common good of a people or nation, which constitutes an obligatory rule of conduct for all its members'