7/27/2019 Consti Legislative.docx

1/3

LEGISLATIVE POWER

- authority to make laws or to alter or repeal- Bicameral: Senate & House of Representatives

o Allows for a body with a national perspective to checkthe parochial tendency of representatives elected by

district

o Allows for a more careful study of legislationo Makes the legislature less susceptible to control by

executive

o Serves as training ground for national leadersKINDS OF LEGISLATIVE POWER

1. Original possessed by the sovereign people2. Derivative one which has been delegated by the

sovereign people to legislative bodies and is

subordinate to original

3. Constituent power to amend or revise theconstitution

4. Ordinary power to pass ordinary lawsLIMITS ON LEGISLATIVE POWER

1. Substantive curtail the contents of law2. Procedural curtail the manner of passing laws

Delegation to admin bodies

- What is being delegated to admin bodies is notlegislative power but rule-making power or law

execution

- Allowed to fill-up details of an already completestatute or ascertain facts of an already contingent

law into actual operation

Section 2: The Senate shall be composed of twenty-four

Senators who shall be elected at large by the qualified

voters of the Philippines.

Section 3: No person shall be a Senator unless he is a

natural-born citizen of the Philippines, and, on the day of

the election, is at least thirty-five years of age, able to read

and write, a registered voter, and a resident of the

Philippines for not less than two years immediately

preceding the day of the election.

QUALIFICATION OF A SENATOR

1. Natural-born citizen of the Philippines2. On the day of the election, is at least 35 years old3. Able to read and write4. Registered voter5. Resident of the Philippines for not less than two

years immediately preceding the day of election

Who is a natural-born citizen?

-Those who are citizens of the Philippines from birth without

having to perform any act to acquire or perfect their

citizenship

Residence the place where one habitually resides, and to

which, when he is absent, he has the intention of returning

Person cannot have two residences at the same time.

Section 4: The term of office of the Senators shall be six

years and shall commence, unless otherwise provided by

law, at noon on the thirtieth day of June next following their

election. No Senator shall serve for more than two

consecutive terms. Voluntary renunciation of the office for

any length of time shall not be considered as an interruption

in the continuity of his service for the full term of which he

was elected.

Section 5 (1) The House of Representatives shall be

composed of not more than two hundred and fifty

members, unless otherwise fixed by law, who shall be

elected from legislative districts apportioned among the

provinces, cities, and the Metropolitan Manila area in

accordance with the number of their respective inhabitants,

and on the basis of a uniform and progressive ratio, and

those who, as provided by law, shall be elected through a

party-list system of registered national, regional, and

sectoral parties or organizations.

(2) The party-list representatives shall constitute twenty per

centum of the total number of representatives including

those under the party list. For three consecutive terms after

the ratification of this Constitution, one-half of the seats

allocated to party-list representatives shall be filled, as

provided by law, by selection or election from the labor,

peasant, urban poor, indigenous cultural communities,

women, youth, and such other sectors as may be provided

by law, except the religious sector.

(3) Each legislative district shall comprise, as far as

practicable, contiguous, compact, and adjacent territory.

Each city with a population of at least two hundred fiftythousand, or each province, shall have at least one

representative.

(4) Within three years following the return of every census,

the Congress shall make a reapportionment of legislative

districts based on the standards provided in this section.

Composition: Not more than 250 members, unless otherwise

fixed by law

Party-list: 20% of the total number of representatives

including those under the party-list

Legislative district: Contiguous, compact and adjacent

territory; one representative for city with at least 250, 000

and each province is entitled to at least one representative

regardless of the population.

Guidelines for party-list representation:

1. Parties or organizations must represent themarginalized and underrepresented (RA 7941)

2. Political parties who wish to participate must complywith this policy

7/27/2019 Consti Legislative.docx

2/3

3. Religious sector may not be represented.4. Party/organization must not be disqualified.5. The party or organization must not be an adjunct of

or a project organized or an entity funded or assisted

by the government.

6. Its nominees must likewise comply with therequirements of law.

7. Nominee must likewise be able to contribute to theformulation and enactment of legislation that will

benefit the nation.

Qualifications of a party-list nominee:

1. Natural-born citizen2. A registered voter3. A resident of the Philippines for a period of not less

than one year immediately preceding the day of

election

4. Able to read and write5. A bona fide member of party/organization which he

seeks to represent for at least 90 days preceding the

day of election

6. At least 25 years of age*in case of youth sector, at least 25 but not more than 30

LIMITATIONS:

1. Must garner/obtain at least two percent of the totalvotes cast for the party-list system

2. Those who garner more than this percentage shallbe given additional seats in proportion to this

number.

3. None of them shall have more than 3 seats.Cases:

Tobias vs. Abalos

1. Contention: Sec 5(1) mandates that there must be250 representativesRuling: unless otherwise provided

2. Contention: Pre-empts the right of congress toreapportion legislative districts

Ruling: Congress itself deliberated upon it and

enacted RA 7675

Mariano Jr. vs. COMELEC

1. Contention: RA 7854 did not properly identify theland area or territorial jurisdiction by metes and

bounds.

Ruling: Boundaries must be clear for they define the

limits of the territorial jurisdiction of a local

government unit. Any uncertainty in the boundaries

will sow costly conflicts in the exercise of

governmental powers which ultimately will prejudice

the peoples welfare. However, the description

provided under the law cannot be any clearer for it

merely provides for its present territory.

Solicitor General: so long as the territorial

jurisdiction of a city may be reasonably ascertained

by referring to common boundaries with

neighboring municipalities, it may be concluded that

the legislative intent behind the law has been

sufficiently served.

2. Contention: Addition of another legislative districtneeds a general apportionment law, not a special

law and Makatis population stands at only 450,000.

Ruling: In the case of Tobias v. Abalos,

reapportionment of legislature districts may be

made through a special law, such as a new charter.

Constitutional requirement is that a city with at least

250, 000 shall have at least one representative.

Montyo vs. COMELEC

1. Contention: Transfer of municipalities from onedistrict to another by virtue of a resolution issued by

COMELEC

Ruling: The COMELEC committed grave abuse of

discretion amounting to lack of jurisdiction because

COMELEC was not given the authority to transfer

municipalities from one legislative district to

another. The power granted to COMELEC is to adjust

the number of members minor adjustment of the

reapportionment made by the commission

Veterans Federation Party vs. COMELEC

Comelec held, in a resolution, that at all times, the total

number of congressional seats must be filled up but it ignored

the 2% threshold requirement of RA 7941.

1. Contention: Is the 20% requirement set by theConstitution mandatory (must be filled up) or is it

merely a ceiling?

Ruling: Section 5(2) is not mandatory.

2. Contention: The 2% requirement is unconstitutionalbecause it will mean the concentration of

representation of party, sectoral or group interests

in the HOR and will not serve the essence and objectof the constitution and the legislature, which is to

develop and guarantee a full, free, and open party

system in order to attain the broadest possible

representation.

Ruling: Under a republican or representative state,

all government entity emanates from the people,

but is exercised by representatives chosen by them.

But to have meaningful representation, the elected

persons must have the mandate of a sufficient

number of people.

3. Contention: Three seat limitationa. Per two percent increment

o Violates equality of representationb. Niemeyer Formula (remaining seats x #of

votes obtained by A)/(all votes of qualified

parties) = integer

o Violates equality of representation sinceGermany does not have a seat-limitation

c. Parameters of Filipino Partylist systemo 20% allocationo 2% thresholdo 3-seat limit (one qualifying + 2 additional)o Proportional representation

7/27/2019 Consti Legislative.docx

3/3

Step 1. Rank all parties from highest to lowest

Compute for ratio: total votes cast/votes it received

Highest number of votes: first party

Step 2. # of seats allocated to other parties cannot possibly

exceed first party

Step 3. Proportion of votes of first party relative to total votes

for PL: # of votes of first party/ total votes for PL =

Step 4. Additional seats for other qualified parties:

Additional seat = ((# of votes of concerned party/ total # of

votes for PL)/(# of votes of first party/ total # of votes for

PL))*# of additional seats allocated to 1st

party

Or

Additional seat = (# of votes of A party/# of votes of 1st

party)*(# of additional seats of 1st

party)

Ang Bagong Bayani vs. COMELEC

1. Contention: (Ang Bagong Bayani) Political partiesshould not be allowed.

Ruling: Party may either be a political party or a

sectoral party or a coalition of parties.

o An organized group of citizens advocating anideology or platform, principles, and policies for the

general conduct of the government.

2. Contention: Exclusive to marginalized andunderrepresented who lack well constituencies

Who is (are) the marginalized and underrepresented?

-Sector shall include labor, peasant, fisherfolk, urban poor,

indigenous cultural communities, elderly, handicapped,

women, youth, veterans, overseas workers and professionals

(not exclusive)

o Allowing the non-marginalized and overrepresentedto vie for remaining seats under the partylist system

would not only dilute but also prejudice the chance

of the marginalized and underrepresented

Criteria for participation:

1. Who lack well-defined constituency absence of atraditionally identifiable electoral group

2. But could contribute to the formulation &enactment of appropriate legislation that will benefit

the nation as a whole

Guidelines for screening participants:

1. Political party, sector, organization or coalition mustrepresent the marginalized and undergroups under

Section 5

2. While even major political parties are expresslyallowed to participate in the partylist system, they

must comply with statutory policy of enabling

Filipino citizens belonging to marginalized &

underrepresented sectors.

3. Prohibition on any religious organization registeringas a pol party.

4. Not disqualified under section 6:o Religious sect or denomination for religious

purposes

o Advocate violence or unlawful meanso Foreign party or orgo Receiving support from any foreign government,

foreign political party, foundation, organization,

whether directly or through its officers or members

or through third parties for partisan election

purposeso Violates or fails to comply with laws, R/R pertaining

to election

o Declares untruthful statements in its petition.o Ceased to exist for at least a yearo Fails to participate in the last 2 preceding elections

or obtain at least 2% of the votes cast under PL in

the two preceding election for the constituency

5. Must not be an adjunct of, or a project organized oran entity funded by the government

6. Must not only comply with requirements of the law,but with Sec 9 qualifications

7. Not only the candidate party or organization mustrepresent marginalized and underrepresented, so

also must its nominees

8. Nominee must likewise be able to contribute to theformulation & enactment of appropriate legislation

that will benefit the nation as a whole.