Senate of the Philippines
From Worldatplay
The Senate of the Philippines (Filipino: Senádo ng Pilipínas) is the upper chamber of the bicameral legislature of the Philippines, the Congress of the Philippines. Unlike the U.S. Senate, the Philippine Senate is composed of 24 senators who are not elected from any particular district or area. They are chosen in a nation-wide election.
Senators serve 6-year terms, with half of the senators elected every 3 years. This way, the Senate is a continuous body. When the Senate was restored by 1987 Constitution the 24 senators who were elected in 1987 served until 1992. In 1992 the candidates for the Senate obtaining the 12 highest number of votes served until 1998, while the next 12 served until 1995 only. Thereafter, each senator elected serves the full 6 years.
The Senate is the only body that can authorize the ratification of treaties.
hMLpiK Major thankies for the blog post.Thanks Again. Want more.
Contents |
[edit] Composition
The Philippine Constitution provides that the Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.
The composition of the Senate is smaller in number as compared to the House of Representatives. The members of this chamber are elected at large by the entire electorate. The rationale for this rule intends to make the Senate a training ground for national leaders and possibly a springboard for the presidency.
It follows also that the Senator, having a national rather than only a district constituency, will have a broader outlook of the problems of the country, instead of being restricted by narrow viewpoints and interests. With such perspective, the Senate is likely to be more circumspect, or at least less impulsive, than the House of Representatives.
Senatorial candidates are chosen by the leaders of major political parties or coalitions of parties. The selection process is not transparent and is done in "backrooms" where much political horse-trading occurs. Thus, the absence of regional or proportional representation in the Senate exacerbates a top heavy system of governance, with power centralized in Metro Manila. It has often been suggested that each region of the country should elect its own senator(s) to more properly represent the people. This will have the effect of flattening the power structure. Regional problems and concerns within a national view can be addressed more effectively. A senator's performance,accountability, and electability become meaningful to a more defined and identifiable regional constituency.
[edit] Qualifications
The qualifications for membership in the Senate are expressly stated in the Philippine Constitution as follows:
- 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.
- It is worthy to note that the age is fixed at 35 and must be possessed on the day of the elections, that is, when the polls are opened and the votes cast, and not on the day of the proclamation of the winners by the board of canvassers.
- With regard to the residence requirement, it was ruled in the case of Lim v. Pelaez that it must be the place where one habitually resides and to which he, after absence, has the intention of returning.
- The enumeration laid down by the Constitution is exclusive under the Latin principle of expressio unius est exclusio alterius. This means that Congress cannot anymore add additional qualifications other than those provided by the Constitution.
[edit] Organization
Under the Constitution, “Congress shall convene once every year on the fourth Monday of July for its regular session...”. During this time, the Senate is organized to elect its officers. Specifically, the 1987 Philippine Constitution provides a definite statement, to wit:
The Senate shall elect its President and the House of Representatives its Speaker by a majority vote of all its respective members.
Each House shall choose such other officers as it may deem necessary.
(3) Each House may determine the rules of its proceedings ...
By virtue of these provisions of the Constitution, the Senate adopts its own rules, otherwise known as the “Rules of the Senate.” The Rules of the Senate provide the following officers: a President, a President pro tempore, a Secretary and a Sergeant-at-Arms.
Following this set of officers, the Senate as an institution can then be grouped into the Senate Proper and the Secretariat. The former belongs exclusively to the members of the Senate as well as its committees, while the latter renders support services to the members of the Senate.
[edit] Committees
At the core of Congress’ lawmaking, investigative and oversight functions lies the committee system. This is so because much of the business of Congress, it has been well said, is done in the committee. Specific problems, whether local or national in scope, are initially brought to the forum of congressional committees where they are subjected to rigid and thorough discussions.
Congressional hearings and investigations on matters dealing with every field of legislative concern have frequently been conducted by congressional committees.
To a large extent, therefore, the committee system plays a very significant role in the legislative process. Congressional responses and actions vis-a-vis growing national problems and concerns have considerably relied upon the efficiency and effectiveness of the committee structure, system and expertise. As pointed out by Woodrow Wilson regarding the important roles played by different committees of Congress:
"The House sits, not for serious discussion, but to sanction the conclusions of the Committees as rapidly as possible. It legislates in its committee rooms; not by the deliberation of majorities, but by the resolutions of specially-commissioned minorities; so that it is not far from the truth to say that Congress in session is Congress on public exhibition, while Congress in its committee rooms is Congress at work."
On the other hand, the merits of Nelson W. Polsby’s view with regard to the importance of the committee system can be well considered:
"Any proposal that weakens the capabilities of congressional committees weakens Congress. Congressional committees are the listening posts of Congress. They accumulate knowledge about the performance of governmental agencies and about the effects of governmental programs and performance on private citizens. They provide incentives to members of Congress to involve themselves in the detailed understanding of governmental functioning. They provide a basis - virtually the only well institutionalized basis in the House of Representatives - for understanding and for influencing public policy."
"The present committee system in the Senate has by far been the product of strong years of Philippine legislative experience. It draws its strength from the inherent functions it is mandated to perform, i.e., to assist the Congress in coming up with well studied legislative policy enactments. Yet the complexity of problems that our country is currently facing and the growing needs and demands of our people for a more assertive role on the part of Congress cannot but require us to assess the effectiveness as well as the responsiveness of the congressional committee structure and system. In order to survive and meet the challenges, Congress must adjust to external demands and cope with internal stresses. It must be pointed out that social, economic, and political developments generate demands that the legislature pass legislation or take other action to meet constitutional and public expectations concerning the general welfare. The continuing rise of unemployment, poverty, economic depression, scandals, crises and calamities of various kinds, energy problem and accelerating technological innovations, all intensify pressures upon Congress. Political or governmental shifts, aggressive presidential leadership, partisan realignments, and momentous and controversial Supreme Court rulings, among other things, also drive the congressional workload."
However, the effects of external demands create interpersonal stresses within Congress, and in the Senate in particular. For instance, a ballooning workload (external demand) of some committees has caused personal or committee scrambles for jurisdiction (internal stress). Other tensions that may be considered range from the growth in the member-ship of various committees, jurisdictional disputes among several committees, shifts in its personnel, factional disputes and members’ shifting attitudes or norms. Such conflicts surface in recurrent debates over pay, requisites, committee jurisdictions, rules scheduling, and budgetary procedures which necessitate the call for an assessment of the present structure of the Senate Committee System.
