| Parliament name (generic / translated) |
Kongreso / Congress |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Senado / Senate |
| Related chamber (for bicameral parliaments) |
Kapulungan Ng Mga Kinatawan / House of Representatives
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| NATURE |
| Nature of the mandate |
Free representation |
| Start of the mandate |
· At noon on 30 June next following the election (Art. VI, S. 4 (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)
|
| 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. 4 (1) of the Constitution). The term of office of the President ends when his successor has been elected (Rule VIII, S. 9 of the Rules of the Senate).
|
| 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. 4 (2) of the Constitution)
|
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter (Art. VI, S. 16 (3) of the Constitution, 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 President
2. The other senators
· Outside Parliament (Chapter of Precedence of the Guide to Protocol): the official order of precedence ranks the President of the Senate in the 4th position, and the other Members of the Senate in the 11th 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 (see Art. VI, S. 10 of the Constitution):
+ Maintenance and Operating Expenses
· Exemption from tax
· Pension scheme (Republic Act No. 8201 (Revised Government Service Insurance Act of 1997))
· Other facilities:
(a) Assistants (see also Rule V, S. 6 of the Rules of the Senate)
|
| 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 senators and votes cast within Parliament.
· Derogations: offence or insult (Rule XXXIV, S. 92 to 95 of the Rules of the Senate, see Osmena vs. Pendatun, No. L-17144, 28 October 1960, 109 Phil. 863, and Discipline)
· Non-accountability takes effect on the day when the senator 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 senators 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.
· Protection is provided only during sessions. Since it does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against senators 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.
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| EXERCISE OF THE MANDATE |
| Training |
· There is no training/initiation process on parliamentary practices and procedures for senators.
· Handbook of parliamentary procedure:
- Rules of the Senate
|
| Participation in the work of the Parliament |
· It is not compulsory for senators to be present at plenary sittings, committee meetings, or other meetings.
· Penalties foreseen in case of failure to attend (Art. VI, S. 16 (2) of the Constitution, Rule XV, S. 43, and Rule XXXV, S. 98 of the Rules of the Senate): call of the House to compel attendance, arrest
· Body competent to judge such cases/to impose penalties: the Senate, the President
|
| Discipline |
· The rules governing discipline within Parliament are contained in Art. VI, S. 16 (3) of the Constitution, Rule III, S. 3 (g), and Rule XXXIV, S. 92 to 96 of the Rules of the Senate.
· Disciplinary measures foreseen:
- Call to order (Rule XXXIV, S. 94 of the Rules of the Senate)
- Prohibition to continue speaking without the consent of the Senate (Rule XXXIV, S. 94 of the Rules of the Senate)
- Deletion of words from the records (Rule XXXIV, S. 95 of the Rules of the Senate)
- Censure (Art. VI, S. 16 (3) of the Constitution, Rule XXXIV, S. 96 of the Rules of the Senate)
- Fine (Art. VI, S. 16 (3) of the Constitution, Rule XXXIV, S. 96 of the Rules of the Senate)
- Suspension from Parliament (Art. VI, S. 16 (3) of the Constitution, Rule XXXIV, S. 96 of the Rules of the Senate)
- Exclusion from Parliament (Art. VI, S. 16 (3) of the Constitution, Rule XXXIV, S. 96 of the Rules of the Senate)
- Imprisonment (Art. VI, S. 16 (3) of the Constitution, Rule XXXIV, S. 96 of the Rules of the Senate)
· Specific cases:
- Offence or insult (Rule XXXIV, S. 92 to 95 of the Rules of the Senate): call to order, prohibition to continue speaking without the consent of the Senate, deletion of words from the records
· Competent body to judge such cases/to impose penalties (Rule III, S. 3 (g) of the Rules of the Senate):
- Call to order, offence or insult: the President, another senator
- Prohibition to continue speaking without the consent of the Senate, offence or insult: the President, the Senate
- Deletion of words from the records, offence or insult: another senator, the Senate
- Censure, fine, suspension from Parliament, exclusion from Parliament, imprisonment: the Senate, upon recommendation of the Committee on Ethics and Privileges
· Procedure (Art. VI, S. 16 (3) of the Constitution, and Rule XXXIV, S. 92 to 96 of the Rules of the Senate)
|
| 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)). For the declaration of assets/interests, see Obligation to declare personal assets.
· Penalties foreseen for violation of the code of conduct [references, texts or comments]:
- Imprisonment
- Disqualification to hold public office
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| 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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