Philippine Legislative Department

The Constitutional Commission (ConCom) bestowed the Congress with vast powers to perform a wider and more dynamic role. This is reflected in the 1987 Constitution, where the Legislative Department (Article VI) has the greatest number of sections with 32 compared to Executive and Judiciary with 23 and 16, consecutively. 

A. Bicameral Legislature 

The legislative department is divided into two chambers: the Senate as the upper chamber and the House of Representatives as the lower chamber. 

1. The Senate 

i. Composition and election - According to Section 2, the Senate is composed of twenty-four (24) Senators, who are elected nationwide by the qualified voters, as may be provided by law. Unless otherwise provided by law, the regular election of Senators shall be held on the second Monday of May. (Sec. 8) 

ii. Term of office - It is six (6) years. It shall commence, unless otherwise provided by law, at noon on the 30th day of June next following their election. (Sec. 4) 

iii. Qualifications - A Senator must be: (a) a natural-born citizen of the Philippines; (b) At least 35 years of age on the day of the election (i.e., day of the balloting); (c) able to read and write; (d) a registered voter; and (e) a resident of the Philippines for not less than two (2) years immediately preceding the day of the election. (Sec. 3.) These qualifications are beyond the authority of Congress to diminish, increase or alter. 

iv. Maximum terms - A Senator is disqualified to serve for more than two (2) consecutive terms. (Sec. 4, par.2) Theoretically the people are the best judge whether to re-elect an official or not, however the Constitution chose to set term limits so as to guard the weakness in our culture that tends to perpetuate political dynasties. There is no shortage of highly talented and motivated men and women to replace those who have been long in office. 

Since there is no limit as to the number of years one can serve as Senator a Senator can still run for re-election after a break or interval. What is prohibited is to serve for more than two (2) consecutive terms. 

2. The House of Representatives 

i. Composition and election - It is composed of not more than 250 members popularly known as “Congressmen.” They are elected from legislative districts and through a party-list system. Unless otherwise provided by law, the regular election of the members of the House of Representatives shall be held on the second Monday of May. (Sec. 8) 

a. Party-list System 

Twenty percent (20%) of this House is composed of the Party-List representatives. Under-represented sectoral groups, such as labor, peasant, urban poor, indigenous cultural communities, women, youth, and other sectors as may be provided by law except the religious sector, may participate in the party-list election. 

As mandated in the RA 7941, each voter can vote one party via closed list, wherein a voter votes for the party and not for the nominees; votes are then tallied nationwide as one at-large district, with the number of sectoral representatives should not surpass 20% of the total number of representatives. The law provided that each party that has 2% of the national vote be entitled one seat each, and an additional seat for every 2% of the vote thereafter until a party has three seats. This means that a party can win the maximum three seats if it surpasses 6% of the national vote. 

The basic aim of the party-list system is to attain the broadest possible representation of all interests in its law and policy-making body—social, economic, cultural, geographical, and other groups or sectors of our society. Rationally, it is almost impossible for a simple farmer, teacher, or a laborer to win an election and thus, sectoral representation is necessary. 

ii. Term of office - It is three (3) years, to begin also, unless otherwise provided by law, at noon on the 30th day next following their election. (Sec. 7, par. 1) The House of Representatives is intended to be close to the people, and the shorter term of three (3) years is expected to make the representatives more responsive and sensitive to the needs of their constituents. It is also consistent with the constitutional policy of accountability. If the people had made a mistake in their choice of the incumbent congressman, they would not have to wait a long time for the opportunity to correct the mistake by withholding a new mandate. 

iii. Qualifications - A representative must be: (a) a natural-born citizen of the Philippines; (b) at least 25 years of age on the day of the election; (c) able to read and write; (d) except for a party-list representative, a registered voter in the district in which he shall be elected; and a resident thereof for a period of not less than one (1) year preceding the day of the election. (Sec. 6.) The Congress is not empowered to modify these qualifications. 

iv. Maximum terms - The provisions are the same as those for Senators except that the limit is not more than three (3) consecutive terms. (Sec. 7, par. 2) Moreover, a representative cannot serve continuously for more than nine (9) years. This is to prevent the growth of political dynasties, which made it impossible for other qualified individuals to get a chance to enter the legislative service. Moreover, as politicians get to reelect themselves for some time, not only they accumulate much wealth but also they are also capable to make people come into thinking that these politicians are “professional politicians” who had become powerful on account of long tenure. The term limits the elected politicians and will level the playing field for candidates especially to the newcomers of the political arena.