MODULE 12

THE LEGISLATURE

Historical Background

• Ancient Greece
o Citizens Assembly
o Council of Five Hundred

• Roman Empire
o Based on the political theories of Cicero and Ulpian ; “the law might arise
by the enactment of a popular assembly (leges) or by the vote of some
authorized part of the people such as the plebeian assembly (plebescita),
or by a decree of the Senate (senatus consulta) or by a decree of the
Emperor…”
• English Parliament – closest progenitor of the modern legislature; also known as
the “mother of parliaments”.

Definition of Parliament

• The term “parliament” is generic for all national legislatures. However, in

countries with presidential systems of government, people are more acquainted
with the term “legislature”, since the term is associated with legislation which is
its main duty.

Functions of Modern Legislature

• Lawmaking – considered as the primary function of the legislature.

• Electoral Function – legislature elect the national officials as provided in the
constitution of the state.
• Constituent or constitutional function – power to amend the state constitution
• Control of the administration – most important function of the legislature
o Examples – power of appropriations, Commission on Appointments,
investigative power, and extra-judicial power
• Function of internal discipline – power of disciplining its own members.
o This function evolved from three basic common activities: representation,
consideration of taxes, and judicial function

Structure and Organization of the Legislature

1. Unicameral – single chamber or house

2. Bicameral – two chambers or houses
i. Lower house – House of Representatives
ii. Upper House - Senate

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Advantages and Defects of the Bicameral and Unicameral Legislatures

Advantages of a Bicameral System

1. It affords a careful scrutiny and consideration of proposed measures before they

are passed into laws.
2. It guarantees protection of the people’s welfare against the tyranny of a single
house.
3. It practices division of labor where more important measures originate in one
house and minor matters are the concern of the other.
4. Bicameralism provides a means by which special interests or classes are
represented in one chamber which are distinct from the representation by
members of the other.
5. A bicameral legislature is more suitable to large countries with heterogenous
population.

Disadvantages of Bicameralism

1. It entails bigger government expenses.

2. It is difficult to pinpoint responsibility in the passage of defective and unwise
laws.
3. There is much delay in the passage of legislation.
4. It is hard to understand why members of the lower house give more importance to
their constituency rather than both constituency and national representation by
being concerned with local legislation.
5. In most countries that have parliamentary governments, the more popularly
elected chamber has more predominance in authority than the other chamber.

Advantages of a Unicameral System

1. More economical to maintain.

2. It is easier to pinpoint responsibility.
3. The transaction of business is done with greater facility.
4. The principle of representation is much simplified because members represent
both local and national interests.

Disadvantages of Unicameralism

1. The consideration of measures in a unicameral body may not be so thorough; they

may not be fully-scrutinized and studied.
2. May be influenced by demagogues and tyrannized by dominant interests
3. May tend to become abusive when it knows that there is no counterbalancing
force to check its excesses.
4. Ill-adapted to countries having federal governments; and
5. May become “a forum of bickerings, irresponsible special interests”

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Factors that may determine the size of a legislative body

1. customs and traditions;

2. the need for representing the different interest and sectors of society;
3. economic status of the country; and
4. country’s size and population

Qualifications of Legislators

Qualifications Representative Senator

Citizenship Natural-born Natural-born
Age 25 years old 35 years old
Residence Not less than 1 year Not less than 2 years
Registered Voter Registered Voter Registered Voter
Literacy Able to read and write Able to read and write

Term of Office – entire period to which the official is entitled to hold office

Representative – have a term of three years, but not more than 3 consecutive terms.
Senator – have a term of six years but not more than 2 consecutive terms.

Tenure of Office – actual possession of the office by the official

Organization of the Legislature

Presiding officer – chosen by the majority

Secretary
Sergeant-at-arms
Majority floor leader
Minority floor leader

Committees in the Legislature (“working horses” of the legislature)

1. Standing committee
2. Special committee
3. Joint committee
4. Committee on the whole
5. Committee on selection

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The Process of Lawmaking

Bill – is a statutory proposal which contains one subject matter embraced in its title,
introduced to a legislative body for consideration and approval of its members.

Types of Bills
1. Public or Government Bill – pertain to national policy and introduced by
members of government
2. Private bill – a measure introduced by an individual member and pertains to
matters which concern a locality or those which benefits the interests of individual
persons.
3. Cabinet bills – those initiated by members of the cabinet and officially
transmitted by the Prime Minister to the interim Batasang Pambansa for its
consideration and approval
4. Parliamentary bills – those introduced to the Batasan by individual members.

Bills classified as to their purpose and objective

1. Appropriation bills – the purpose of which is to appropriate money from the

public treasury for a certain purpose;
2. Revenue bills – the objective of which is to raise revenue or income of the
government
3. Bills of local application – the purpose of which is to benefit a certain locality
4. Private bills – aim to promote the interests of private persons.

Types of Resolutions

1. Joint Resolution – a proposal on a limited subject matter rather than one general
application. It is approved by both houses of the legislature and the executive,
thus it becomes a law like an enacted bill.
2. Concurrent Resolution – a proposal, originating from and approved by one
chamber, which requires the concurrence of the other house.
3. Simple Resolution – deals with matters entirely within the authority and
competence of one house.

Steps in the passage of a bill

1. First Reading
2. Referral to appropriate committee
3. Second Reading
4. Debates
5. Printing and distribution
6. Third Reading
7. Referral to the order house
8. Submission to joint bicameral committee

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 9. Submission to the president

Purpose of provision requiring three readings of bill

1. The general rule is that every bill must undergo 3 readings on separate days-not
one day
2. The requirement seeks to prevent the railroading of bills without the benefit of
discussion and public information especially during the last days of session prior
to adjournment.
3. The reason for the exception is the need for immediate legislative action for the
protection of the public welfare

Certification of bills by the president

P A certification may be issued to a bill only to meet a public calamity or

emergency

Formal parts of law

1. Title
2. Preamble
3. Enacting clause
4. Body
5. Effectivity clause

How a bill becomes law:

1. Approved and signed by the President;

2. Presidential veto overridden by 2/3 vote of all members of both Houses;
3. Failure of the President to veto the bill and to return it with his objections to the
House where it originated, within 30 days after the date of receipt;
4. A bill calling a special election for President and Vice-President under Sec.10,
Art.7 becomes a law upon third and final reading.

Presidential veto

General rule: If the President disapproves a bill enacted by Congress, he should veto
the entire bill. He is not allowed to veto separate items of a bill

Exception: Item-veto is allowed is case of appropriation, revenue and tariff bills.

Exceptions to the Exception:

P Doctrine of Inappropriate Provisions

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 I A provision that is constitutionally for an appropriate bill may be singled
out for veto even if it is not an appropriation or revenue “item”.

P Executive Impoundment
I Refusal of the President to spend funds already allocated by Congress for
specific purpose. It is the failure to spend or obligate budget authority of
any type.

Pocket veto

P Occurs when (1) the president fails to act on a bill and (2) the reason he does not
return the bill to the Congress is that Congress is not in session.
P Not applicable in the Philippines because inaction by the President for 30 days
never produces a veto even if Congress is in recess. The President must still act to
veto the bill and communicate his veto to Congress without need of returning the
vetoed bill with his veto message.