| Parliament name (generic / translated) |
Kongreso / Congress |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Kapulungan Ng Mga Kinatawan / House of Representatives |
| Related chamber (for bicameral parliaments) |
Senado / Senate
|
| NATURE |
| 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 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). |
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