This document summarizes key aspects of the legislative power and Congress as established in Article VI of the Philippine Constitution. It outlines that legislative power is vested in Congress, which is a bicameral body consisting of the Senate and House of Representatives. It provides details on the composition, qualifications, terms of office, and salaries of Senators and House Representatives. It also discusses concepts like gerrymandering and the process for filling vacancies.
Understanding the Role of Labor Unions and Collective Bargaining
Philippine Constitution - Article VI - Legislative Power
1. ARTICLE VI
By: John Paul Espino
De La Salle University – Dasmarinas
Facebook.com/Johnpaul.dss
2.
3. LEGISLATIVE POWER
■ authority to make, alter and repeal laws
■ Vested in the Congress, except to the extent reserved to the people by the
provisions on initiative and referendum.
5. COMPOSITION / QUALIFICATIONS
SENATE – 24, elected at large by the qualified voters of the Philippines;
No person shall be a Senator unless he is:
1. Natural-born citizen of the Philippines,
2. On the day of the election, is at least 35 yrs of age,
3. Able to read and write,
4. Registered voter
5. Resident of the Philippines for not less than 2 yrs immediately preceding the day of
the election.
6. 2. HOUSE OF REPRESENTATIVES – not more than 250 members, but may be increased by law
consisting of:
A. District Representatives – elected from legislative districts apportioned among the provinces,
cities and the Metropolitan Manila area.
B. Party-List Representatives – shall constitute 20% of the total number of representatives
elected through a party-list system of registered national, regional and sectoral parties or
organizations, including those under the party-list.
7. c. Sectoral Representatives – selection or election from labor, peasant, urban poor,
indigenous cultural communities, women, and youth
–basic aim is to attain the broadest possible representation of all interests in its
law and policy making body.
8. No person shall be a Member of the
House of Representatives unless he is:
1. Natural-born citizen of the Philippines,
2. On the day of the election, is at least 25 yrs of age,
3. Able to read and write,
4. Except the party-list representatives, a registered voter in the district in which he shall be elected,
5. And a resident thereof for a period of not less than 1 yr immediately preceding the day of the
election.
9. GERRYMANDERING - is a practice that attempts to establish a political advantage for a
particular party or group by manipulating district boundaries to create partisan
advantaged districts.
10. TERM OF OFFICE
Senators- 6 years; may be reelected; maximum of 2 consecutive terms.
Representatives – 3 years; may be reelected; maximum of 3 consecutive terms.
■ Term- period over which an official is entitled to hold an office.
■ Tenure- period during which the official actually holds the office.
11. DISTRICT REPRESENTATIVES PARTY-LIST REPRESENTATIVES
Elected according to legislative district by the constituents of such
district.
Elected nationally, with party-list organizations garnering at least
2% of all the votes cast for the party-list system entitled 1 seat,
which is increased according to proportional representation, but is
in no way to exceed 3 seats per organization.
Must be a resident of his legislative district for at least 1 year
immediately before election.
No special residency requirement in a legislative district.
Elected personally, i.e. by name Voted upon by party or organization. It is only when a party is
entitled to representation that it designates who will sit as
representatives.
Does not lose seat if he/she changes party or affiliation. If he/she changes party or affiliation, loses his seat, in which case
he/she will be substituted by another qualified person in the party/
organization based on the list submitted to the COMELEC.
12. In case of vacancy, a special election may be held provided that the
vacancy takes place at least 1 year before the next election.
In case of vacancy, a substitution will be made within the party,
based on the list submitted to the COMELEC.
A district representative is not prevented from running again as a
district representative if he/she lost during the previous election.
A party-list representative cannot sit if he ran and lost in the
previous election.
A change in affiliation within months prior to election does not
prevent a district representative from running under his new party.
A change in affiliation within 6 months prior to election prohibits
the party-list representative from sitting as representative under his
new party or organization.
13. ACT PRESCRIBING THE MANNER OF FILLING VACANCIES
IN THE CONGRESS (RA 6645)
No special election will be called if vacancy occurs:
■ At least 18 months before the next regular election for members of the Senate.
■ At least 1 year before the next regular election for members of the House of Representatives.
*The senator or representative elected shall serve only for the unexpired term.
*No Senator shall serve for more than 2 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 which he was elected.
14. Section 10. SALARIES
- Congress is not prohibited from increasing or decreasing the salary of its
members. However, any increase can take effect only after the expiration of the full
term of the members approving such increase.