PHILIPPINES
 
This page contains the complete text of PARLINE database entry on the selected parliamentary Chamber or unicameral Parliament
 
GENERAL INFORMATION
 
Parliament (generic name): Kongreso
Translated name: Congress
Structure: Bicameral
Chamber: Kapulungan Mga Kinatawan
Translated name: House of Representatives
President:
Prospero Nograles Jr.  ( M)
Secretary General:
Marilyn B. Barua-Yap  ( F)
Members (statutory number): 240
  directly elected
Members (current number): 239
Women (current number): 49  ( 20.50%)
Term: 3  years
Last renewal dates: 14 May 2007
 
Address: House of Representatives
Constitution Hills
QUEZON CITY
Tel.: (632) 931 5979, (632) 931 5001 local 7619
Fax: (632) 931 5595
E-mail: dsgen@pworld.net.ph
dsgen@hotmail.com
iprshorphil@yahoo.com
Web site:
http://www.congress.gov.ph/
Affiliation to IPU: Yes
Affiliation date(s): 1927 - 1938
1947 - 1973
1979 - 1986
1987 -
 
 
ELECTORAL SYSTEM
 
Electoral Law:
  22 July 1985
  Last amendment: 23/02/1995
 
Constituencies:
  - 219 single-member constituencies for majority vote
- one nationwide constituency for proportional representation vote
 
Voting System:
  - 219 seats filled by simple majority vote
- 21 seats filled by party-lists nominees proposed by indigenous, but non-religious, minority groups. Parties must pass a 2% vote threshold to gain parliamentary representation. A maximum of three seats is awarded to each party.
- Each elector casts two votes: one for the district representative and the other for the party of his choice.
- Vacancies arising between general elections are filled through by-elections.
Voting is compulsory.
 
Voter requirements:
  - age: 18 years
- Philippine citizenship
- residence in the country for at least one year and in home constituency for at least six months immediately preceding election day
- disqualifications: insanity, adjudged incompetence, conviction for crime involving disloyalty to government or against national security
 
Eligibility:
  Qualified electors
- age: 25 years
- Philippine citizenship by birth
- literacy
- residence in district for at least one year immediately preceding the poll
- ineligibility: bribery of voters or election officials, terrorist action, exceeding campaign expenses ceiling, prohibited financial dealings
 
Incompatibilities:
  - any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries
- legal counsel (in courts, electoral tribunals or quasi-judicial and other administrative bodies)
- government contractor
 
Candidacy requirements:
  - candidatures by parties or independents, must be submitted at least 45 days before polling to the provincial election supervisor concerned
- under the party-list system, each party must submit a list of at least five nominees
 
 
LAST ELECTIONS
 
red cube  Also available:  Archive of past election results for this chamber  red cube
 
Dates of election / renewal (from/to):
  14 May 2007
 
 
Purpose of elections:
  Elections were held for all the seats in the House of Representatives on the normal expiry of the members' term of office.
 
Background and outcome of elections:
  The 2007 elections followed attempts by opposition members to impeach President Gloria Macapagal Arroyo in July 2005 and in June 2006. Both attempts, concerning allegations of fraud and vote rigging in the 2004 presidential elections, were subsequently dismissed.

President Arroyo was sworn in in January 2001, replacing former president Joseph Estrada, who had been ousted by street protests against corruption. She implemented economic policies in cooperation with the International Monetary Fund and the World Bank, cutting public spending and increasing the value-added tax (VAT). Under her presidency, the country achieved economic growth reaching seven per cent in 2007. However, price increases and unemployment reportedly frustrated the country's poor.

In December 2006, the country was divided over constitutional amendments that proposed to abolish the current US-style presidential system and introduce a parliamentary system. A draft constitution which provided for a unicameral parliament was severely criticized by the Senate. The House of Representatives subsequently agreed to "temporarily withdraw" the proposed constitutional amendments in order to "put an end to the historic divide" between the two chambers.

In the 2007 parliamentary elections, supporters of President Arroyo formed a coalition called TEAM Unity (Together Everyone Achieves More) that included the Speaker of the House of Representatives Mr. José de Venecia Jr. It criticized the impeachment moves of the past years, arguing they had destabilized the country and hampered the reforms started by President Arroyo.

The main opposition parties formed an electoral coalition called the "Genuine Opposition (GO)", which included three current or former Senate Presidents. The GO pledged to fight corruption and to alleviate poverty.

In the elections to the House of Representatives, turnout was estimated at 70 percent of the 45 million registered voters. Of 8 million citizens working abroad, only 504,122 registered to vote. In the elections to renew half the seats in the Senate, approximately 68 per cent of the 43 million registered voters cast their ballot.

The elections were marred by violence. According to the National Police, a total of 121 people were killed during the 2007 election period (from 14 January to 13 June), including 37 politicians. Due to irregularities, elections were repeated for one senatorial seat in Mindanao.

As in previous years, the Commission on Elections (COMELEC) did not publish final election results for the House of Representatives. It was reported that the pro-presidential TEAM Unity coalition secured nearly 170 seats while the opposition GO won just over 40 seats. The remaining seats were distributed through a proportional representation system to party-list nominees proposed by indigenous groups. Most nominees subsequently joined TEAM Unity, giving it around 190 seats in the 240-member House of Representatives. Only four pro-presidential candidates were elected to the Senate, where the GO coalition took an overall majority.

The newly-elected House of Representatives and the Senate were convened on 23 July. The House re-elected Mr. Venecia of the majority coalition as its Speaker for a fifth consecutive term, making him the longest-serving Speaker in the country's post-war history. The Senate re-elected Mr. Manny Villar (Nationalist Party) as its President.

On 5 February 2008, Mr. de Venecia lost his position as speaker in a vote of 174 against 35, with 16 abstentions. Mr. Prospero Nograles Jr. of Davao City was elected as the new Speaker of the House of Representatives.

*The Commission on Elections did not publish the election results for the House of Representatives. The statistics below have been calculated on the basis of information available from the website of the House of Representatives.

The Composition of the House of Representatives
TEAM Unity (168 seats)
Kampi and its allies 46
LDP 3
Lankas-CMD and its allies 89
NPC and its allies 28
PSDP 2

Party nominees: 25 (most of them subsequently joined the TEAM Unity)

Genuine Opposition (GO) 44
UNO and its allies 5
LP and its allies 23
NP and its allies 9
PMP and its allies 4
PDP - LABAN 3

Others: 3
 
STATISTICS
 
Round no 1 (14 May 2007): Election results
  Number of registered electors 45'000'000
  Voters 70%
  Blank or invalid ballot papers
  Valid votes
 
Round no 1: Distribution of votes
 
Political Group Candidates Votes % of votes  
    
 
Round no 1: Distribution of seats
 
Political Group Total of seats  
    
 
Comments:
  Source: House of Representatives (13.11.2007, 01.01.2008)
 
Distribution of seats according to sex:
  Men: 191
  Women: 49
  Percent of women: 20.42
 
Distribution of seats according to age:
 
Distribution of seats according to profession:

 
PRESIDENCY OF THE PARLIAMENT
 
APPOINTMENT AND TERM OF OFFICE
 
Title:
  Speaker of the House of Representatives
 
Term:
  - duration: 3 years (term of House)
- reasons for interruption of the term: resignation, removal, loss of parliamentary mandate, death, dissolution of the House
Appointment:
  - elected by all Members of the House
- the election is held on the fourth Monday in July every 3 years
- after the swearing-in ceremony
 
Eligibility:
  - any Member of the House may be a candidate
 
Voting system:
  - formal public vote by roll call
- a simple majority is required
 
Procedures / results:
  - the Secretary General presides over the House during the voting
- the Secretary General supervises the voting
- the Secretary General announces the results without delay
- the results may be challenged
 
STATUS
 
Status:
  - ranks fourth in the hierarchy of the State
- follows the President of the Senate in the order of precedence
- represents the House with the authorities
- represents the House in international bodies
- the Presidents of the two Chambers preside over joint sittings
- in the absence of the Speaker, the Deputy Speaker can assume his/her role and functions
 
Board:
 
 
Material facilities:
  - allowance: 240,000 pesos/yr
+ expense allowance
- official car
- secretariat
- bodyguards
 
FUNCTIONS
 
Organization of parliamentary business:
  - convenes sessions after consulting with the presidents of majority and minority groups
- organizes the debates and sets speaking time
- refers texts to a committee for study
- examines the admissibility of requests for setting up committees and/or committees of enquiry, proposes or decides on the setting-up of such committees
 
Chairing of public sittings:
  - can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the House
- takes disciplinary measures in the event of disturbance, and lifts such measures
- establishes the list of speakers, gives and withdraws permission to speak
- calls for a vote
- checks the quorum
- authenticates the texts adopted and the records of debates
- interprets the rules or other regulations governing the life of the House, based on precedents
- has discretionary power to give the floor outside the agenda and thus organizes impromptu debates
 
Special powers:
  - is responsible for establishing the budget
- recruits, assigns and promotes staff
- organizes the services of Parliament
- is responsible for relations with foreign Parliaments
- is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Chamber
 
Speaking and voting rights, other functions:
  - takes the floor in legislative debates as a Member of the House
- takes part in voting in case of a tie
- proposes bills or amendments
- intervenes in the parliamentary oversight procedure
- signs laws before transmitting them to the Head of State for promulgation
- checks the constitutionality of laws
 
 
MEMBER OF PARLIAMENT
 
PARLIAMENTARY MANDATE
 
Nature of the mandate:
  Free representation
 
Start of the mandate:
  · At noon on 30 June next following the election (Art. VI, S. 7 (1) of the Constitution of 15.10.1986)
 
Validation of mandates:
  · Validation by the Electoral Tribunal only in case of challenge (Art. VI, S. 17 of the Constitution)
· Procedure (Art. VI, S. 17 and 19 of the Constitution, Rule VI, S. 17 to 20 of the Rules of the House of Representatives, Rules 15 to 17 of the Revised Rules of the Electoral Tribunal)
 
End of the mandate:
  · On the day when the legal term of the House ends (Law on Public Officers and Election Law, see also Art. VI, S. 7 (1) of the Constitution)
 
Can MPs resign ? Yes
  · Yes, of their own free will (Law on Public Officers and Election Law) (for renunciation of the office at times, see Art. VI, S. 7 (2) of the Constitution)
· No specific procedure
· Authority competent to accept the resignation (Rule II, S. 8 of the Rules of the House of Representatives): the Speaker
 
Can MPs lose their mandate ? Yes
  (a) Definitive exclusion from Parliament by the latter (Art. VI, S. 16 (3) of the Constitution, Rule XXIII, S. 128 of the Rules of the House of Representatives, Law on Public Officers and Election Law, see also Discipline)
(b) Loss of mandate by judicial decision: final judgement of a crime with accessory penalty of disqualification to hold public office (Law on Public Officers and Election Law, Art. I, S. 12 of the Omnibus Election Code of the Philippines, see also Art. 73 of the Revised Penal Code, see also Code of conduct)
(c) Reaching the age limit, death or permanent disability (Law on Public Officers and Election Law)
(d) Incompatibilities (Art. VI, S. 13 and 14 of the Constitution, Law on Public Officers and Election Law)
(e) Abolition of office (Law on Public Officers and Election Law)
(f) Conviction for a crime (Law on Public Officers and Election Law)
 
STATUS OF PARLIAMENT MEMBERS
 
Rank in hierarchy:
  · Within Parliament:
1. The Speaker
2. The Deputy Speakers
3. The Chairmen, Vice-Chairmen and Members of the Standing and Special Committees
4. The Majority Floor Leader
5. The Minority Floor Leader
· Outside Parliament (Chapter on Precedence of the Guide to Protocol): the official order of precedence ranks the Speaker in the 5th position, and the other Members of the House of Representatives in the 12th position (seniority in length of service).
 
Indemnities, facilities and services:
  · Diplomatic or official passport (S. 7 of Republic Act No. 8239 (Philippine Passport Act of 1996))
· Basic salary (Art. VI, S. 10 of the Constitution, S. 8 of Republic Act No. 6758): PHP 35,000 per month
+ Additional allowances (Republic Act No. 8250 (General Appropriations Act for Fiscal Year 1997)): PHP 1,530,424
· No exemption from tax
· Pension scheme (Republic Act No. 8291 (Revised Government Service Insurance Act of 1997))
· Other facilities:
(a) Secretariat
(b) Assistants (see also Rule IV, S. 11 to 13 of the Rules of the House of Representatives)
(c) Security guards
(d) Postal and telephone services
(e) Travel and transport expense
 
Obligation to declare personal assets: Yes
 
Parliamentary immunity - parliamentary non-accountability:
  · The concept does exist (Art. VI, S. 11 of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (Rule XVI, S. 100 of the Rules of the House of Representatives, see Osmena vs. Pendatun, No. L-17144, 28 October 1960, 109 Phil. 863, and Discipline)
· Non-accountability takes effect on the day when the MP takes the oath and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
 
Parliamentary immunity - parliamentary inviolability:
  · The concept does exist (Art. VI, S. 11 of the Constitution).
· It applies to criminal and civil proceedings, covers all offences with the exception of those punishable by more than six years, and protects MPs only from arrest and from being held in preventive custody. See also Loss of mandate - (b) and (f).
· No derogations are foreseen. But see Discipline, and Code of conduct for imprisonment ordered by Parliament.
· Parliamentary inviolability does (not) prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided only during sessions. Since it does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) cannot be lifted.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
 
EXERCISE OF THE MANDATE
 
Training:
  · There is no training/initiation process on parliamentary practices and procedures for MPs.
· Handbook of parliamentary procedure:
- Rules of the House of Representatives
 
Participation in the work of the Parliament:
  · It is compulsory for MPs to be present at plenary sittings, committee meetings, and other meetings (Rule VIII, S. 34 of the Rules of the House of Representatives).
· Penalties foreseen in case of failure to fulfil this obligation (Art. VI, Rule 16 (2) of the Constitution, Rule IX, S. 46 and 47 of the Rules of Procedure): call of the House to compel attendance, arrest, disciplinary action
· Body competent to judge such cases/to impose penalties: the House of Representatives, the Speaker
 
Discipline:
  · The rules governing discipline within Parliament are contained in Art. VI, S. 16 (3) of the Constitution, and Rule II, S. 5 (b), Rule XVI, S. 100, and Rule XXIII, S. 128 of the Rules of the House of Representatives.
· Disciplinary measures foreseen:
- Deletion of words from the record (Rule XVI, S. 100 of the Rules of the House of Representatives)
- Call to order (Rule XVI, S. 100 of the Rules of the House of Representatives)
- Censure (Art. VI, S. 16 (3) of the Constitution, Rule XXIII, S. 128 of the Rules of the House of Representatives)
- Suspension from Parliament (Art. VI, S. 16 (3) of the Constitution, Rule XXIII, S. 128 of the Rules of the House of Representatives)
- Exclusion from Parliament (Art. VI, S. 16 (3) of the Constitution, Rule XXIII, S. 128 of the Rules of the House of Representatives)
- Conviction to prison (Art. VI, S. 16 (3) of the Constitution, Rule XXIII, S. 128 of the Rules of the House of Representatives)
· Specific cases:
- Offence or insult (Rule XVI, S. 100 of the Rules of the House of Representatives): deletion of words from the record, call to order
· Competent body to judge such cases/to impose penalties (Rule II, S. 5 (b) of the Rules of the House of Representatives):
- Deletion of words from the record: the Speaker, the House of Representatives
- Call to order: another Member
- Censure, suspension from Parliament, exclusion from Parliament, conviction to prison: the House of Representatives, upon recommendation of the Committee on Ethics
· Procedure (Art. VI, S. 16 (3) of the Constitution, and Rule XVI, S. 100, and Rule XXIII, S. 128 of the Rules of the House of Representatives)
 
Code (rules) of conduct:
  · This concept does exist in the country's juridical system (Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees, 1989)).
· Penalties foreseen for violation of the code of conduct:
- Imprisonment
- Disqualification to hold public office



 
Relations between MPs and pressure group:
  · There is one legal provision in this field (Art. VIII, S. 61 (2) of the Omnibus Election Code of the Philippines; prohibition of accreditation of religious sects as political parties and of those parties seeking to achieve their goal through violence).
 

red cube  Also available:  Archive of past election results for this chamber  red cube

  General Information | Electoral System | Specialized Bodies
Last Elections | Presidency of the Parliament | Parliamentary Mandate | Parliamentary Oversight
PARLINE database: new search

  Copyright © 1996-2008 Inter-Parliamentary Union