Powers or Functions of the Philippine Legislative Department
The primary function of the Philippine Congress is to legislate. The Constitution, however, has also given it powers which are non-legislative in character.
The powers of the legislative department may be classified into:
(1) General legislative power
It is the power to enact laws intended as rules of conduct to govern the relations among individuals or between the individuals and the State. Congress can enact any law as long as it is not contrary to the Constitution. Unless otherwise decreed by a competent court, a law is presumed constitutional.
(2) Specific powers
These are powers wherein the Constitution expressly directs or authorizes the Congress to exercise. Examples of these are the power to choose who shall become President in case two or more candidates have an equal and highest number of votes (Art. VII, Sec. 4, par 4.), to confirm certain appointment by the President, (Ibid., Sec. 16), to appropriate money (Sec. 29[1]), to impose taxes (Sec. 28[1]), and to impeach (Art. XI, Sec. 2.)
(3) Implied powers
These are powers that are essential or necessary to the effective exercise of the powers expressly granted, such as the power to conduct inquiry and investigation in aid of legislation (Sec. 21), to punish for contempt, to determine the rules of its proceedings. (Sec. 16[3].)
(4) Inherent powers
They are powers which are possessed and can be exercised by every government because they exist as an attribute of sovereignty. This power is considered to be granted by the people even if not expressly granted by them in the Constitution. These powers which are legislative in nature are the power of taxation, power of eminent domain, and police power.
Comments
Post a Comment