Article VI: LEGISLATIVE BRANCH (Function)

1987 Philippine Constitution, Article VI (Legislative Department), Section 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.

Meaning of Legislative power:

Legislative power
- authority under the Constitution to make laws and subsequently, when the need
arises, to alter and repeal them
- the peculiar task of the legislature to prescribe general rules for the government of
society. This legislative function involves the determination of the legislation policy
and its promulgation as a defined and binding rule of conduct through the enactment
of a law.

 Congress is free to legislate on a broad range of subjects, especially matters of public

interest. Its plenary power is a direct result of a constitutional grant and must be
respected in all facets of governance," the OSG position read. "The plenary nature of
legislative power gives Congress the authority to pass laws relating to or affecting
elections," it added.
*plenary power - a complete and absolute power to take action on a particular issue,
with no limitations.
 Legislative branch are the lawmaking bodies of the government. From the word itself,
legislative they are responsible to legislate, enact or make laws.
 The Legislative branch is authorized to make laws, alter, and repeal them through the
power vested in the Philippine Congress.
 Congress can create, including bills, joint resolutions, concurrent resolutions, and
simple resolutions. Legislators grouped in committees conduct hearings and
consultation meetings to improve or pass a proposed bill. Those outside the group
can also discuss any proposed bill in plenary before it is voted upon. These debates
during plenary are very important because they ideally give a chance for others to
scrutinize the proposed bill before it is passed. Once approved, a law can affect not
just the government’s function but the life of every Filipino. It is also vital that it
adheres to the Constitution. A bill then becomes law when it is signed by the
president.

Primary Function
Congress is responsible for making enabling laws to make sure the spirit of the
constitution is upheld in the country and, at times, amend or change the constitution itself. In
order to craft laws, the legislative body comes out with two main documents: bills and
resolutions.
Resolutions convey principles and sentiments of the Senate or the House of
Representatives. These resolutions can further be divided into three different elements:
 joint resolutions — require the approval of both chambers of Congress and the
signature of the President, and have the force and effect of a law if approved.
 concurrent resolutions — used for matters affecting the operations of both
chambers of Congress and must be approved in the same form by both houses, but
are not transmitted to the President for his signature and therefore have no force and
effect of a law.
 simple resolutions — deal with matters entirely within the prerogative of one
chamber of Congress, are not referred to the President for his signature, and
therefore have no force and effect of a law.
Bills are laws in the making. They pass into law when they are approved by both houses
and the President of the Philippines. A bill may be vetoed by the President, but the House of
Representatives may overturn a presidential veto by garnering a 2/3rds vote. If the President
does not act on a proposed law submitted by Congress, it will lapse into law after 30 days of
receipt.

Other Responsibilities: (stated in the 1987 Philippine Constitution)

Aside from lawmaking, Congress is also given several powers and responsibilities in
certain situations. The 1987 Philippine Constitution provides many instances when Congress
can invoke this power:
1. Congress has the power to remove from office impeachable government officials,
including the President, Vice President, members of the Supreme Court, members of
constitutional commissions, and the Ombudsman. The House of Representatives can tackle
impeachment complaints and submit the resolution setting the Articles of Impeachment. The
Senate, meanwhile, decides on cases of impeachment in a full-blown trial.
Art. XI (Accountability of Public Officers), Sec. 1 and Sec. 3(6)
Section 3. (1) The House of Representatives shall have the exclusive power to initiate
all cases of impeachment.
(6) The Senate shall have the sole power to try and decide all cases of impeachment.
When sitting for that purpose, the Senators shall be on oath or affirmation. When the
President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside,
but shall not vote. No person shall be convicted without the concurrence of two-thirds of all
the Members of the Senate.

2. Congress can revoke the President’s proclamation of martial law by a vote of at least
a majority of all members of the Senate and the House. If requested, Congress can also
extend the period of martial law beyond the mandated 60 days. Art. VII (Executive
Department), Sec. 18)
Section 18. The President shall be the Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he may call out such armed forces to
prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion,
when the public safety requires it, he may, for a period not exceeding sixty days, suspend
the privilege of the writ of habeas corpus or place the Philippines or any part thereof under
martial law. Within forty-eight hours from the proclamation of martial law or the suspension of
the privilege of the writ of habeas corpus, the President shall submit a report in person or in
writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of
all its Members in regular or special session, may revoke such proclamation or
suspension, which revocation shall not be set aside by the President. Upon the
initiative of the President, the Congress may, in the same manner, extend such proclamation
or suspension for a period to be determined by the Congress, if the invasion or rebellion
shall persist and public safety requires it.
The Congress, if not in session, shall, within twenty-four hours following such proclamation
or suspension, convene in accordance with its rules without any need of a call.
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of the
privilege of the writ or the extension thereof, and must promulgate its decision thereon within
thirty days from its filing.
A state of martial law does not suspend the operation of the Constitution, nor supplant the
functioning of the civil courts or legislative assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the writ.
The suspension of the privilege of the writ shall apply only to persons judicially charged for
rebellion or offenses inherent in or directly connected with the invasion.
During the suspension of the privilege of the writ, any person thus arrested or detained shall
be judicially charged within three days, otherwise he shall be released.
3. Congressional committees can conduct hearings “in aid of legislation” on various
issues that affect the nation and release a report based on findings. For example, the Senate
committee in August 2018 conducted a hearing on the TRAIN law’s impact on inflation amid
rising prices of commodities.
(Art. VI (Legislative Department), Sec. 21)
Section 21. The Senate or the House of Representatives or any of its respective
committees may conduct inquiries in aid of legislation in accordance with its duly
published rules of procedure. The rights of persons appearing in or affected by such
inquiries shall be respected.

4. Congress has the “sole power to declare the existence of a state of war." according
to Section 23 Article VI of the Constitution. A vote of two-thirds of both Houses, voting
separately, is needed.
(Art. VI (Legislative Department), Sec. 23 (1)
Section 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session
assembled, voting separately, shall have the sole power to declare the existence of a
state of war.

5. Congress may authorize the President to exercise powers to carry out a declared
national policy “for a limited period and subject to restrictions in times of war or other
national emergency.
(Art. VI (Legislative Department, Sec. 23 (2)
Section 23. (2) In times of war or other national emergency, the Congress may, by law,
authorize the President, for a limited period and subject to such restrictions as it may
prescribe, to exercise powers necessary and proper to carry out a declared national policy.
Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the
next adjournment thereof.

6. Congress is also involved in the national budget process. It can decide whether or
not to add or reduce a government agency’s budget, effectively overseeing budget
appropriations and being on guard against suspected corruption. This, however, may lead to
several clashes, as seen in the 2019 budget that was just passed on Friday, February 8,
after months of delay.
(Art. VI (Legislative Department), Sec. 24)
Section 24. All appropriation, revenue or tariff bills, bills authorizing increase of the
public debt, bills of local application, and private bills shall originate exclusively in the
House of Representatives, but the Senate may propose or concur with amendments.

7. Congress, through the Commission on Appointments, can approve or reject some

key appointments made by the president to government agencies.
(Art. VII (Executive Department), Sec. 16)
Section 16. The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors, other public
ministers and consuls, or officers of the armed forces from the rank of colonel or naval
captain, and other officers whose appointments are vested in him in this Constitution. He
shall also appoint all other officers of the Government whose appointments are not otherwise
provided for by law, and those whom he may be authorized by law to appoint. The
Congress may, by law, vest the appointment of other officers lower in rank in the
President alone, in the courts, or in the heads of departments, agencies,
commissions, or boards.
The President shall have the power to make appointments during the recess of the
Congress, whether voluntary or compulsory, but such appointments shall be effective only
until after disapproval by the Commission on Appointments or until the next adjournment of
the Congress.
8. Congress needs to concur with any amnesty granted by the president, according to
Section 19, Article VII of the Constitution. A vote of majority of all members is needed.
(Art. VII (Executive Department), Sec. 19)
Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution,
the President may grant reprieves, commutations and pardons, and remit fines and
forfeitures, after conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence of a majority of
all the Members of the Congress.

9. Congress is heavily involved in starting charter change. It can either convene into a
Constituent Assembly (through a vote of three-fourths of all members) and propose both
amendments and revisions, or call for an election of members of a Constitutional Convention
(vote of two-thirds of its members).
(Art. XVII (Amendments or Revisions, Sec. 1 (1))
Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members; or

Conclusion
Members of Congress, essentially, are the primary makers of laws. Through laws,
the legislature defines the rights and duties of citizens, imposes taxes, appropriate funds,
defines crimes and provides for their punishment, creates and abolishes government offices,
determines their jurisdiction and functions, and in general, regulates human conduct and the
use of property for the promotion of the common good. The functions of the Legislative
Branch do not limit the power of making laws, but also has the power of checking the other
departments. With the aforementioned functions and responsibilities of the Legislative
Branch, we can say that the principle of check and balances is essential in the government.
In fact, there is no absolute separation among the three branches of the government, hence
it is co-equal with one other as it checks the affairs of other departments by observing the
check and balances in the government.

References:
 Beyond legislation: Powers, roles of Philippine lawmakers (rappler.com).
https://www.rappler.com/newsbreak/iq/223185-things-to-know-roles-powers-
philippine-congress/
 OSG argues Congress has power to legislate on election matters | Philippine News
Agency (pna.gov.ph). https://www.pna.gov.ph/articles/1186733#:~:text=Its
%20plenary%20power%20is%20a,affecting%20elections%2C%22%20it%20added
 Philippine budget process: Everything you need to know (rappler.com).
https://www.rappler.com/newsbreak/explainers/things-to-know-budget-process-
philippines/
 The Constitution of the Republic of the Philippines | Official Gazette of the Republic
of the Philippines. https://www.officialgazette.gov.ph/constitutions/1987-constitution/
 The Legislative Branch | Official Gazette of the Republic of the Philippines.
https://www.officialgazette.gov.ph/about/gov/the-legislative-branch/