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Congress of the Philippines

National legislature of the Philippines

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  • 7 chapters

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Through Legislature, Bicameralism and Trade union

The Senate is composed of 24 senators half of which are elected every three years. Each senator serves a total of six years accordingly. The senators are elected at-large and do not represent any geographical district.

In the current 20th Congress, there are 317 seats in the House of Representatives. The Constitution states that the House "shall be composed of not more than 250 members, unless otherwise fixed by law", and that at least 20% of it shall be sectoral representatives. There are two types of congressmen: the district and party-list representatives. At the time of the ratification of the constitution, there were 200 districts, leaving 50 seats for party-list representatives.

The district congressmen represent a particular congressional district of the country. All provinces in the country are composed of at least one congressional district. Several cities also have their own congressional districts, with some having two or more representatives. From 200 districts in 1987, the number of districts have increased to 254 at the beginning of the 20th Congress. Every new Congress has seen an increase in the number of districts.

The party-list congressmen represent the minority sectors of the population. This enables these minority groups to be represented in the Congress, when they would otherwise not be represented properly through district representation. Party-list representatives represent labor unions, rights groups, and other organizations. With the increase of districts also means that the seats for party-list representatives increase as well, as the 1:4 ratio has to be respected.

The Constitution provides that Congress shall convene for its regular session every year beginning on the fourth Monday of July. A regular session can last until thirty days before the opening of its next regular session in the succeeding year. The president may, however, call special sessions which are usually held between regular legislative sessions to handle emergencies or urgent matters.

History

Spanish colonial period

During the Spanish colonization of the Philippines, municipal governments, or Cabildos were established. One such example was the Cabildo in Manila, established in 1571.

While the Philippines was under colonial rule as part of the Spanish East Indies, the colony had no representation in the Spanish Cortes. Only in 1809, when the colony was made an integral part of Spain, did it gain representation in the Cortes. While colonies such as the Philippines were selecting their delegates, substitutes were named so that the Cortes could convene. The substitutes, and first delegates for the Philippines were Pedro Pérez de Tagle and José Manuel Couto. Neither had any connection to the colony.

By July 1810, Governor General Manuel González de Aguilar received the instruction to hold an election. As only the Manila Municipal Council qualified to elect a representative, it was tasked to select a delegate. Three of its representatives, the governor-general and the Archbishop of Manila selected Ventura de los Reyes as Manila's delegate to the Cortes. De los Reyes arrived in Cadiz in December 1811.

However, with Napoleon I's defeat in 1814, his brother Joseph Bonaparte was removed from the Spanish throne, and the Cádiz Constitution was abolished by Ferdinand VII, who returned to the absolute monarchy, that removed Philippine representation on the Cortes, among other things. Restoration of Philippine representation to the Cortes was one of the grievances by the Ilustrados, the educated class during the late 19th century.

Revolutionary era

The Illustrados' campaign transformed into the Philippine Revolution that aimed to overthrow Spanish rule. Proclaiming independence on June 12, 1898, President Emilio Aguinaldo then ordered the convening of a revolutionary congress at Malolos. The Malolos Congress, among other things, approved the Malolos Constitution. With the approval of the Treaty of Paris, the Spanish ceded the Philippines to the United States. The revolutionaries, attempting to prevent American conquest, launched the Philippine–American War, but were defeated when Aguinaldo was captured in 1901.

American colonial period

When the Philippines was under American colonial rule, the legislative body was the Philippine Commission which existed from 1900 to 1907. The President of the United States appointed the members of the Philippine Commission. Furthermore, two Filipinos served as Resident Commissioners to the House of Representatives of the United States from 1907 to 1935, then only one from 1935 to 1946. The Resident Commissioners had a voice in the House, but did not have voting rights.

The Philippine Bill of 1902 mandated the creation of a bicameral or a two-chamber Philippine Legislature with the Philippine Commission as the Upper House and the Philippine Assembly as the Lower House. This bicameral legislature was inaugurated in 1907. Through the leadership of then-Speaker Sergio Osmeña and then-Majority Floor Leader Manuel L. Quezon, the Rules of the 59th United States Congress were substantially adopted as the Rules of the Philippine Legislature.

In 1916, the Jones Law changed the legislative system. The Philippine Commission was abolished, and a new bicameral Philippine Legislature consisting of a House of Representatives and a Senate was established.

Commonwealth and Second Republic era

The legislative system was changed again in 1935. The 1935 Constitution, aside from instituting the Commonwealth which gave the Filipinos more role in government, established a unicameral National Assembly. But in 1940, through an amendment to the 1935 Constitution, a bicameral Congress of the Philippines consisting of a House of Representatives and a Senate was created. Those elected in 1941 would not serve until 1945, as World War II erupted. The invading Japanese set up the Second Philippine Republic and convened its own National Assembly. With the Japanese defeat in 1945, the Commonwealth and its Congress was restored. The same setup continued until the Americans granted independence on July 4, 1946.

Independence era

Upon the inauguration of the Republic of the Philippines on July 4, 1946, Republic Act No. 6 was enacted providing that on the date of the proclamation of the Republic of the Philippines, the existing Congress would be known as the First Congress of the Republic. Successive Congresses were elected until President Ferdinand Marcos declared martial law on September 23, 1972. Marcos then ruled by decree.

As early as 1970, Marcos had convened a constitutional convention to revise the 1935 Constitution; in 1973, the Constitution was approved. It abolished the bicameral Congress and created a unicameral National Assembly, which would ultimately be known as the Batasang Pambansa in a semi-presidential system of government. The Batasang Pambansa first convened in 1978, and elected a prime minister.

Marcos was overthrown after the People Power Revolution; President Corazon Aquino then ruled by decree. Later that year she appointed a constitutional commission that drafted a new constitution. The Constitution was approved in a plebiscite the next year; it restored the presidential system of government together with a bicameral Congress of the Philippines. The restored Congress first convened in 1987.

Congress, constituted by the Senate and the House of Representatives, is also responsible for the passing of the Anti-Political Dynasty Bill, which is mandated by the 1987 Constitution. Congress has failed to pass the anti-dynasty bill in the last four decades, with the Supreme Court of the Philippines unanimously ruling in 2026 that this failure constitutes grave abuse of discretion. The Supreme Court also stated that the proposed ban on political dynasties must be extended to up to the fourth civil degree of familial and spousal relations.

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