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Philippine Legislature

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57-740: The Philippine Legislature was the legislature of the Philippines from 1907 to 1935, during the American colonial period , and predecessor of the current Congress of the Philippines . It was bicameral and the legislative branch of the Insular Government . From 1907 to 1916, under the Philippine Organic Act of 1902 , the legislature's lower house was the elected Philippine Assembly and its upper house

114-626: A vote of no confidence . On the other hand, according to the separation of powers doctrine, the legislature in a presidential system is considered an independent and coequal branch of government along with both the judiciary and the executive. Nevertheless, many presidential systems provide for the impeachment of the executive for criminal or unconstitutional behaviour. Legislatures will sometimes delegate their legislative power to administrative or executive agencies . Legislatures are made up of individual members, known as legislators , who vote on proposed laws. A legislature usually contains

171-650: A Parliamentary powers index in an attempt to quantify the different degrees of power among national legislatures. The German Bundestag , the Italian Parliament , and the Mongolian State Great Khural tied for most powerful, while Myanmar's House of Representatives and Somalia's Transitional Federal Assembly (since replaced by the Federal Parliament of Somalia ) tied for least powerful. Some political systems follows

228-533: A bicameral conference committee is created consisting of members from both chambers of Congress to reconcile the differences, or either chamber may instead approve the other chamber's version. While franchise and money bills originate in the House of Representatives, the Senate may still propose or concur with amendments. Only the Senate has the power to approve, via a two-thirds supermajority, or denounce treaties, and

285-422: A democracy, legislators are most commonly popularly elected , although indirect election and appointment by the executive are also used, particularly for bicameral legislatures featuring an upper house . The name used to refer to a legislative body varies by country. Common names include: By names: By languages: Though the specific roles for each legislature differ by location, they all aim to serve

342-458: A few of the members of the chamber(s). The members of a legislature usually represent different political parties ; the members from each party generally meet as a caucus to organize their internal affairs. Legislatures vary widely in the amount of political power they wield, compared to other political players such as judiciaries , militaries , and executives . In 2009, political scientists M. Steven Fish and Matthew Kroenig constructed

399-442: A fixed number of legislators; because legislatures usually meet in a specific room filled with seats for the legislators, this is often described as the number of "seats" it contains. For example, a legislature that has 100 "seats" has 100 members. By extension, an electoral district that elects a single legislator can also be described as a "seat", as, for example, in the phrases " safe seat " and " marginal seat ". After election,

456-683: A sergeant-at-arms. Following this set of officers, the Senate as an institution can then be grouped into the Senate Proper and the Secretariat. The former belongs exclusively to the members of the Senate as well as its committees, while the latter renders support services to the members of the Senate. The Senate was modeled upon the United States Senate ; the two chambers of Congress have roughly equal powers, and every bill or resolution that has to go through both houses needs

513-526: A single unit is unicameral , one divided into two chambers is bicameral , and one divided into three chambers is tricameral . In bicameral legislatures, one chamber is usually considered the upper house , while the other is considered the lower house . The two types are not rigidly different, but members of upper houses tend to be indirectly elected or appointed rather than directly elected, tend to be allocated by administrative divisions rather than by population, and tend to have longer terms than members of

570-435: Is indirectly elected within the context of a one-party state . Legislature size is a trade off between efficiency and representation; the smaller the legislature, the more efficiently it can operate, but the larger the legislature, the better it can represent the political diversity of its constituents. Comparative analysis of national legislatures has found that size of a country's lower house tends to be proportional to

627-539: Is the Icelandic Althing , founded in 930 CE. Democratic legislatures have six major functions: representation, deliberation, legislation, authorizing expenditure, making governments, and oversight. There exist five ways that representation can be achieved in a legislature: One of the major functions of a legislature is to discuss and debate issues of major importance to society. This activity can take place in two forms. In debating legislatures, such as

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684-501: The European Parliament ). Countries differ as to what extent they grant deliberative assemblies at the subnational law-making power, as opposed to purely administrative responsibilities. Laws enacted by legislatures are usually known as primary legislation. In addition, legislatures may observe and steer governing actions, with authority to amend the budget involved. The members of a legislature are called legislators. In

741-714: The European Union . The upper house may either contain the delegates of state governments – as in the European Union and in Germany and, before 1913, in the United States  – or be elected according to a formula that grants equal representation to states with smaller populations, as is the case in Australia and the United States since 1913. Tricameral legislatures are rare;

798-697: The Insular Government . Under the Philippine Organic Act , from 1907 to 1916, the Philippine Commission headed by the governor-general of the Philippines served as the upper chamber of the Philippine Legislature , with the Philippine Assembly as the elected lower house . At the same time the governor-general also exercised executive powers. In August 1916 the United States Congress enacted

855-673: The Massachusetts Governor's Council still exists, but the most recent national example existed in the waning years of White-minority rule in South Africa . Tetracameral legislatures no longer exist, but they were previously used in Scandinavia. The only legislature with a number of chambers bigger than four was the Federal Assembly of Yugoslavia ; initially established as a Pentacameral body in 1963, it

912-534: The Parliament of the United Kingdom , the floor of the legislature frequently sees lively debate. In contrast, in committee-based legislatures like the United States Congress , deliberation takes place in closed committees. While legislatures have nominally the sole power to create laws, the substantive extent of this power depends on details of the political system. In Westminster-style legislatures

969-859: The Philippine Autonomy Act or popularly known as the "Jones Law", which created an elected bicameral Philippine Legislature with the Senate as the upper chamber and with the House of Representatives of the Philippines , previously called the Philippine Assembly, as the lower chamber . The governor-general continued to be the head of the executive branch of the Insular Government. Senators then were elected via senatorial districts via plurality-at-large voting ; each district grouped several provinces and each elected two senators except for "non-Christian" provinces where

1026-559: The Philippine Independence Act or the "Tydings–McDuffie Act" was passed by the U.S. Congress which granted the Filipinos the right to frame their own constitution in preparation for their independence, wherein they established a unicameral National Assembly of the Philippines , effectively abolishing the Senate. Not long after the adoption of the 1935 Constitution several amendments began to be proposed. By 1938,

1083-766: The United States Bill of Rights to the Philippines. The Philippine Legislature convened its first session on October 16, 1907, at the Manila Grand Opera House . Conflict between the bodies, the American-majority commission and the all-Filipino, Nacionalista-led assembly, were not uncommon. Such conflicts came to an end when the Jones Law created a bicameral legislature composed exclusively of Filipinos. The Second Philippine Commission , headed by William Howard Taft and known as

1140-504: The cube root of its population ; that is, the size of the lower house tends to increase along with population, but much more slowly. Senate of the Philippines Minority bloc (2) Independent bloc (6) Vacant (1) The Senate of the Philippines ( Filipino : Senado ng Pilipinas ) is the upper house of Congress , the bicameral legislature of the Philippines , with the House of Representatives as

1197-465: The lower house . The Senate is composed of 24 senators who are elected at-large (the country forms one district in senatorial elections ) under a plurality-at-large voting system . Senators serve six-year terms with a maximum of two consecutive terms, with half of the senators elected in staggered elections every three years. When the Senate was restored by the 1987 Constitution , the 24 senators who were elected in 1987 served until 1992. In 1992,

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1254-402: The 12 candidates for the Senate obtaining the highest number of votes served until 1998, while the next 12 served until 1995. Thereafter, each senator elected serves the full six years. From 1945 to 1972, the Senate was a continuing body, with only eight seats up every two years. Aside from having its concurrence on every bill in order to be passed for the president 's signature to become a law,

1311-592: The European assemblies of nobility which the monarchs would have to consult before raising taxes. For this power to be actually effective, the legislature should be able to amend the budget, have an effective committee system, enough time for consideration, as well as access to relevant background information. There are several ways in which the legislature can hold the executive branch (the administration or government) accountable. This can be done through hearings, questioning , interpellations , votes of confidence ,

1368-883: The House of Representatives inherited the complex at Quezon City, now called the Batasang Pambansa Complex , while the Senate returned to the Congress Building, until the GSIS Building was finished in 1997. Thus, the country's two houses of Congress meet at different places in Metro Manila . The Senate would eventually move to the New Senate Building at the Navy Village in Fort Bonifacio , Taguig by 2025 at

1425-654: The National Assembly began consideration of these proposals, which included restoring the Senate as the upper chamber of Congress. The amendment of the 1935 Constitution to have a bicameral legislature was approved in 1940 and the first biennial elections for the restored upper house was held in November 1941. Instead of the old senatorial districts, senators were elected via the entire country serving as an at-large district, although still under plurality-at-large voting, with voters voting up to eight candidates, and

1482-476: The Philippine Autonomy Act, changed the legislative arrangement. The Philippine Commission was abolished and replaced by the elected Senate of the Philippines . The Philippine Assembly was also reorganized and renamed the House of Representatives. The new Philippine Legislature was inaugurated on October 16, 1916. The Philippine Legislature was the country's legislative body until 1935 when it

1539-618: The Philippines . In 1935, the Commonwealth of the Philippines was established and the National Assembly of the Philippines replaced the Philippine Legislature. The Philippine Organic Act of July 1902 stipulated that a Philippine legislature would be established after several conditions were met, such as the end of the " Philippine Insurrection ". The legislature was to have an upper house consisting of

1596-621: The SET has replaced senators due to election protests, the last of which was in 2011 when the tribunal awarded the protest of Koko Pimentel against Migz Zubiri . The qualifications for membership in the Senate are expressly stated in Section 3, Art. VI of the 1987 Philippine Constitution as follows: Under the Constitution , " Congress shall convene once every year on the fourth Monday of July for its regular session...". During this time,

1653-458: The Senate is organized to elect its officers. Specifically, the 1987 Philippine Constitution provides a definite statement to it: (1) The Senate shall elect its President and the House of Representatives its Speaker by a vote of all its respective members. (2) Each House shall choose such other officers as it may deem necessary. (3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with

1710-477: The Senate is the only body that can concur with treaties and try impeachment cases. The president of the Senate is the presiding officer and highest-ranking official of the Senate. They are elected by the entire body to be their leader and are second in the Philippine presidential line of succession . The current officeholder is Francis Escudero . The Senate has its roots in the Philippine Commission of

1767-624: The Senate's temporary headquarters was at the half-ruined Manila City Hall . Congress then returned to the Legislative Building in 1950 upon its reconstruction. When President Ferdinand Marcos dissolved Congress in 1972, he built a new legislative complex in Quezon City . The unicameral parliament known as the Batasang Pambansa eventually met there in 1978. With the restoration of the bicameral legislature in 1987,

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1824-698: The Taft Commission, was established by the President of the United States William McKinley in 1900 to exercise legislative and limited executive powers in the Philippines . Its members, both American and Filipino, were appointed by the US president. Beginning in 1907, it acted as the upper house of a bicameral legislature . On July 30, 1907, the first elections for the Philippine Assembly were held. Two political groups dominated

1881-458: The appointed Philippine Commission and a lower house, the Philippine Assembly, its members chosen by national election. The two houses would share legislative powers, although the upper house alone would pass laws relating to the Moros and other non-Christian peoples. Two Filipino resident commissioners were sent to Washington to attend sessions of the United States Congress . The act also extended

1938-618: The building had been awarded to Hilmarcs Construction Corporation, the same company the Senate investigated for alleged overpriced construction of the Makati City Hall Parking Building II in 2015. The reception to the design was mixed, with some Filipino netizens comparing it to a garbage can . By early 2021, the New Senate Building's construction was delayed due to the COVID-19 pandemic in

1995-410: The concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days. By virtue of these provisions of the 1987 Philippine Constitution , the Senate adopts its own rules, otherwise known as the "Rules of the Senate." The Rules of the Senate provide the following officers: a president , a president pro tempore , a secretary and

2052-404: The consent of both chambers before being passed for the president's signature. Once a bill is defeated in the Senate, it is lost. Once a bill is approved by the Senate on third reading , the bill is passed to the House of Representatives, unless an identical bill has also been passed by the lower house. When a counterpart bill in the lower house is different from the one passed by the Senate, either

2109-487: The earliest. As the Senate has rented GSIS for the office space, it asked the Bases Conversion and Development Authority (BCDA) to present suitable sites for it to move to, with the Senate eyeing the Navy Village property along Lawton Avenue as its favored site. In 2018, a building designed by AECOM was chosen as winner for the new home for the Senate and was expected to be built by 2022. Civil works to erect

2166-415: The eight candidates with the highest number of votes being elected. While the Senate from 1916 to 1935 had exclusive confirmation rights over executive appointments, as part of the compromises that restored the Senate in 1941, the power of confirming executive appointments has been exercised by a joint Commission on Appointments composed of members of both houses. However, the Senate since its restoration and

2223-494: The elections—the Nacionalista Party and Nationalist Progressive Party . Minority parties and independent candidates also competed. The Nacionalista Party, which espoused "immediate and complete independence" was headed by future Philippine president Sergio Osmeña , captured a majority of the 80-seat assembly. The assembly was the first fully elected national legislative body. The Jones Law of 1916, also known as

2280-582: The entire electorate. The rationale for this rule intends to make the Senate a training ground for national leaders and possibly a springboard for the presidency . It follows also that the senator will have a broader outlook of the problems of the country, instead of being restricted by narrow viewpoints and interests by having a national rather than only a district constituency. The Senate Electoral Tribunal (SET) composed of three Supreme Court justices and six senators determines election protests on already-seated senators. There had been three instances where

2337-521: The executive (composed of the cabinet) can essentially pass any laws it wants, as it usually has a majority of legislators behind it, kept in check by the party whip, while committee-based legislatures in continental Europe and those in presidential systems of the Americas have more independence in drafting and amending bills. The origins of the power of the purse which legislatures typically have in passing or denying government budgets goes back to

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2394-472: The formation of committees. Parliaments are usually ensured with upholding the rule of law, verifying that public funds are used accountably and efficiently as well as make government processes transparent and actions so that they can be debated by the public and its representatives. Agora notes that parliamentary systems or political parties in which political leaders can influence or decide which members receive top jobs can lead to passivity amongst members of

2451-476: The governor-general of the Philippines appointed the senators for the district. Future president Manuel L. Quezon , who was then Philippine Resident Commissioner , encouraged future president Sergio Osmeña , then Speaker of the House, to run for the leadership of the Senate, but Osmeña preferred to continue leading the lower house. Quezon then ran for the Senate and became Senate President serving for 19 years (1916–1935). This setup continued until 1935, when

2508-438: The independence of the Philippines in 1946 has the power to ratify treaties. The Senate finally convened in 1945 and served as the upper chamber of Congress from thereon until the declaration of martial law by President Ferdinand Marcos in 1972, which shut down Congress. The Senate was resurrected in 1987 upon the ratification of the 1987 Constitution . However, instead of eight senators being replaced after every election, it

2565-435: The legislature consists of a number of legislators who use some form of parliamentary procedure to debate political issues and vote on proposed legislation. There must be a certain number of legislators present to carry out these activities; this is called a quorum . Some of the responsibilities of a legislature, such as giving first consideration to newly proposed legislation, are usually delegated to committees made up of

2622-406: The lower house. In some systems, particularly parliamentary systems , the upper house has less power and tends to have a more advisory role, but in others, particularly federal presidential systems , the upper house has equal or even greater power. In federations , the upper house typically represents the federation's component states. This is also the case with the supranational legislature of

2679-513: The members may be protected by parliamentary immunity or parliamentary privilege , either for all actions the duration of their entire term, or for just those related to their legislative duties. A legislature may debate and vote upon bills as a single unit, or it may be composed of multiple separate assemblies , called by various names including legislative chambers , debate chambers , and houses , which debate and vote separately and have distinct powers. A legislature which operates as

2736-407: The party and less challenging of leadership. Agora notes that this phenomenon is acute if the election of a member is dependant on the support of political leadership. In contrast to democratic systems, legislatures under authoritarianism are used to ensure the stability of the power structure by co-opting potential competing interests within the elites, which they achieve by: Each chamber of

2793-751: The power to try and convict, via a two-thirds supermajority, an impeached official. The Senate currently meets at the GSIS Building along Jose W. Diokno Boulevard in Pasay . Built on land reclaimed from Manila Bay , the Senate shares the complex with the Government Service Insurance System (GSIS). The Senate previously met at the Old Legislative Building in Manila until May 1997. The Senate occupied

2850-409: The principle of legislative supremacy , which holds that the legislature is the supreme branch of government and cannot be bound by other institutions, such as the judicial branch or a written constitution . Such a system renders the legislature more powerful. In parliamentary and semi-presidential systems of government , the executive is responsible to the legislature, which may remove it with

2907-610: The same purpose of appointing officials to represent their citizens to determine appropriate legislation for the country. Among the earliest recognised formal legislatures was the Athenian Ecclesia . In the Middle Ages , European monarchs would host assemblies of the nobility, which would later develop into predecessors of modern legislatures. These were often named the Estates . The oldest surviving legislature

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2964-410: The senators from among themselves. Article VI, Section 2 of the 1987 Philippine Constitution provides that the Senate shall be composed of 24 senators who shall be elected at-large by the qualified voters of the Philippines , as may be provided by law. The composition of the Senate is smaller in number as compared to the House of Representatives . The members of this chamber are elected at large by

3021-737: The upper floors (the Session Hall now restored to its semi-former glory) while the House of Representatives occupied the lower floors (now occupied by the permanent exhibit of Juan Luna 's Spoliarium as the museum's centerpiece), with the National Library at the basement. When the Legislative Building was ruined in World War II, the House of Representatives temporarily met at the Old Japanese Schoolhouse at Lepanto Street (modern-day S. H. Loyola Street), while

3078-488: Was changed to twelve. In the Senate, the officers are the Senate president , Senate president pro tempore , majority floor leader , minority floor leader and the Senate secretary and the Senate sergeant at arms who are elected by the senators from among the employees and staff of the Senate. Meanwhile, the Senate president, Senate president pro-tempore, the majority floor leader and the minority floor leader are elected by

3135-549: Was superseded by the National Assembly of the Philippines upon the establishment of the Commonwealth of the Philippines . Legislature A legislature is a deliberative assembly with the legal authority to make laws for a political entity such as a country , nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers of government . Legislatures can exist at different levels of government–national, state/provincial/regional, local, even supranational (such as

3192-634: Was the appointed Philippine Commission , headed by the American governor general (who also served as the executive of the Insular Government). In 1916, the Jones Law abolished the Philippine Commission and reorganized the Philippine Legislature as a fully elected, bicameral legislature composed of the Senate and House of Representatives , precursors to current Senate of the Philippines and House of Representatives of

3249-519: Was turned into a hexacameral body in 1967. Legislatures vary widely in their size. Among national legislatures , China's National People's Congress is the largest with 2,980 members, while Vatican City 's Pontifical Commission is the smallest with 7. Neither legislature is democratically elected: The Pontifical Commission members are appointed by the Pope and the National People's Congress

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