Article VI Legislative

Department
 Legislative Department
Sec 1. 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
 Legislative Department
Meaning of legislative power
The authority under the Constitution to
make laws and, when the need arises, to
alter and repeal them
Its function includes the determination
of the legislative policy and its
promulgation as a defined and binding
rule of conduct through the enactment
of a law
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Meaning of law
Refers to statutes which are written
enactments of the legislature governing
the relations of the people among
themselves or between them and the
government and its agencies
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Function of laws
1. Defines the rights and duties of citizens
2. Imposes taxes
3. Appropriate funds
4. Defines crimes and provides for their punishment
5. Creates and abolishes government offices
6. Determines their jurisdiction and functions
7. Regulates human conduct and the use of property for
the promotion of common good
Determined as valid or void, depending on their
conformity or non-conformity to the Constitution
 Legislative Department
Legislative power vested in Congress
A bicameral legislature, consisting of the
Senate and the House of
Representatives, has been created
In place of the unicameral set-up under
the 1973 Constitution
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Advantages of bicameralism
1. A second chamber is necessary to serve as a
check to legislation
2. Serves as a training ground for future leaders
3. Provides a representation for both regional and
national interests
4. Less susceptible to bribery and control of big
interests
5. More effective in checking the power of the
executive
6. Tested and proven
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Disadvantages of bicameralism
1. Has not worked out as an effective
counter-check machinery
2. No assurance of better considered and
better deliberated legislation
3. Produces duplication of efforts and
serious deadlock
4. More expensive to maintain
5. Prohibitive costs of senatorial elections
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Scope of legislative power of
Congress
1. Plenary or general grant of legislative
power for all purposes of civil
government
Not enumerated
Subject only to specific limitations in the
Constitution
2. Legislative powers not expressly
delegated deemed granted- powers
that can reasonably be implied from
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Classification of powers of Congress
Primary function is to legislate
1. General legislative power power to
enact laws intended as rules of
conduct to govern the relations among
individuals or between the individuals
and the State
2. Specific powers powers which the
Constitution expressly directs or
authorizes Congress to exercise
 Legislative Department
Classification of powers of Congress
3. Implied powers those essential to the
effective exercise of the powers
expressly granted
4. Inherent powers powers possessed
and can be exercised by every
government because they exist as an
attribute of sovereignty
Power of taxation
Power of eminent domain
Police power
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Principle of separation of powers
Presidential system
Parliamentary system
French presidential-parliamentary
system
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Principle of checks and balances
Checks by the President may veto bills
enacted by the Congress
Pardoning power may modify or set aside
the judgments of courts
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Principle of checks and balances
Checks by Congress may override the veto of the
President
Reject certain appointments of the President
Revoke the proclamation of martial law/suspension of writ of
habeas corpus
Amend or revoke decision of courts (enactment of new law
or amendment of old law)
Power to define, prescribe, and apportion the jurisdiction of
the various courts
Prescribe the qualifications of judges of lower courts
Determine the salaries of the Pres and VP, members of SC
and judges of lower courts, and impeach the Pres and
members of SC
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Principle of checks and balances
Checks by the judiciary
May declare legislative measures or
executive acts as unconstitutional
Determine whether or not there has been a
grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of the
Congress or the President
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Legislative process