IPU PARLINE database: PHILIPPINES (Senado), Oversight

Parliament name (generic / translated)

Kongreso / Congress

Structure of parliament

Bicameral

Chamber name

Senado

Related chamber (for bicameral parliaments)

Kapulungan Ng Mga Kinatawan / House of Representatives

Type of political regime

presidential

Notes

The Philippines has a representative democracy modelled on the political system of the United States of America.

Head of the executive

President of the Republic

Notes

Executive power is vested in the President (Article 7, paragraph 1 of the Constitution). The Vice-President has the same qualifications as the President, and may be appointed as a member of the cabinet. Such appointment requires no confirmation.

Method for appointing the executive

The President and the Vice-President are elected directly by universal suffrage (Article 7, paragraph 4 of the Constitution). No person who has succeeded a President and has served as such for more than four years is qualified for election to the same office again. The President nominates and, with the consent of the Commission on appointments, appoints the Heads of the executive departments, ambassadors, other public ministers and consuls, and certain officers of the armed forces (Article 7, paragraph 16 of the Constitution). He or she also appoints all other officers of Government whose appointments are not otherwise provided for by law.

Term of office of the executive and coincidence with the term of the legislature

The President and the Vice-President are elected for a term of six years (Article 7 paragraph 4 of the Constitution). The President may not be eligible for any re-election. The Vice-President has the same term of office as the President. No Vice-President may serve for more than two successive terms. Voluntary renunciation of the office for any length of time is not considered as an interruption in the continuity of the service for the full term for which he or she was elected. Members of the cabinet serve at the pleasure of the President. The term of office of senators is six years and coincides with the term of the President and Vice-President (Article 6, paragraph 4 of the Constitution). No senator may serve for more than two consecutive terms.

Incompatibility of the functions of member of the executive and member of Parliament

Yes

No senator or member may hold any other office or employment in Government, or any subdivision, agency, or instrumentality thereof, including Government-owned or Government-controlled corporations or their subsidiaries, during his or her term without forfeiting his or her seat (Article 6, paragraph 13 of the Constitution). Neither may he or she be appointed to any office that may have been created, nor the emoluments thereof increased, during the term for which he or she has been elected.

Dissolution of Parliament

No

Circumstances

Not applicable

Modalities

Not applicable

Accountability of Government to Parliament

No

The President has control of all the executive departments, bureaus, and offices (Article 7, paragraph 17 of the Constitution). The members of the cabinet are thus directly accountable to him or her. However, the Constitution provides for a system of checks and balances that enables Congress to exercise oversight on the affairs of the executive.

Modalities of oversight

Oral and written questions of parliamentarians

Any department secretary, cabinet member, the governor of the central bank or Head of a Government financial institution may be summoned by the Senate, through a resolution adopted by it, or upon his or her own initiative with the consent of the President of the Republic, to appear before the Senate, to provide information on any matter pertaining to his or her department (Article 6, paragraph 22 of the Constitution).

Government reports to Parliament

The President addresses Congress at the opening of its regular session and may also appear before it at any other time (Article 7, paragraph 23 of the Constitution).

Measures

Vote of confidence on Government programs and/or legislative proposals

Not applicable

Motions of censure and votes of no confidence (sub-report)

Circumstances

Whenever the President transmits to the President of the Senate and to the Speaker of the House of Representatives his or her written declaration that he or she is unable to discharge the powers and duties of his or her office, and until he or she transmits to them a written declaration to the contrary, such powers and duties are discharged by the Vice-President as acting President (Article 7, paragraph 11 of the Constitution). Whenever a majority of all members of the Cabinet transmit to the same persons their written declaration to that effect, the Vice-President immediately assumes the powers and duties of office as acting President.

Modalites

Thereafter, when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his or her written declaration that no inability exists, he or she reassumes the powers and duties of his or her office. Meanwhile, should a majority of all members of the Cabinet transmit within five days to the same persons their written declaration that the President is unable to discharge the powers and duties of his or her office, Congress decides the issue. For that purpose, Congress convenes, if it is not already in session, within 48 hours, in accordance with its rules and without need of being summoned.

Consequences

In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President becomes the President to serve the unexpired term. In case of death, permanent disability, removal from office, or resignation of the President and Vice-President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, then acts as President until the President or Vice-President have been elected and qualified.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

The President, the Vice-President, the Justices of the Supreme Court, the members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust (Article 11, paragraph 2 of the Constitution). All other public officers and employees may be removed from office as provided by law, but not by impeachment.

Modalites and procedure

The House of Representatives has the exclusive power to initiate all cases of impeachment. A verified complaint for impeachment may be filed by any deputy or by any citizen upon a resolution or endorsement by any deputy, which is included in the order of business within 10 session days, and referred to the proper committee within three session days thereafter. The committee, after hearing, and by a majority vote of all its members, submits its report to the House of Representatives within 60 session days from such referral, together with the corresponding resolution. The resolution is scheduled for consideration by the House of Representatives within 10 session days from receipt thereof.

A vote of at least one third of all deputies is necessary either to affirm a favourable resolution with the articles of impeachment of the committee, or override its contrary resolution. The vote of each deputy is recorded. In case the verified complaint or resolution of impeachment is filed by at least one third of all deputies, the same constitutes the articles of impeachment, and trial by the Senate may forthwith proceed. No impeachment proceedings may be initiated against the same official more than once within a period of one year. The Senate has the sole power to try and decide all cases of impeachment. When sitting for that purpose, the senators are on oath or affirmation. When the President is on trial, the Chief Justice of the Supreme Court presides, but may not vote. No person may be convicted without the concurrence of two thirds of all members of the Senate.

Consequences

Judgment in cases of impeachment may not extend further than removal from office and disqualification to hold any office under the Republic, but the party convicted may nevertheless be liable and subject to prosecution, trial, and punishment, according to law. Over the last 11 years, one impeachment procedure was launched and the President subsequently removed from office.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

The President addresses the Congress at the opening of its regular session. The President may also appear before Congress at any time (Article 7, Section 23 of the Constitution). The heads of departments may upon their own initiative, with the consent of the President, or upon the request of either House, appear before and be heard by such House on any matter pertaining to their departments (Article 6, Section 22 of the Constitution).

Means and modalities of oversight

Hearings in Committees

The Congress may exercise its oversight function over the actions of the executive department through congressional committee hearings and inquiries in aid of legislation.

Committees of inquiry and missions to Government departments

The Senate or any of its committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure (Article 6, paragraph 21 of the Constitution). The rights of persons appearing in, or affected by, such inquiries must be respected.

Oral and written questions of parliamentarians

An adopted Senate resolution to summon a public official must state specifically and clearly the questions to be answered and the date and time when the person must appear and give the information desired. No question may contain arguments, include offensive or un-parliamentary language or expressions, and pertain to prejudice matters, refer to the internal affairs of a foreign country or contain unwarranted discourtesy. Questions may give rise to a debate, at times, when senators ask clarifying questions.

Within three days from receipt of the resolution, the person must appear and answer the questions therein, unless the Senate requires him or her to comply at a specified date and time. Interpellations may not be limited to written questions, but may cover related matters. The appearance of said person is conducted in executive session when the security of the state or the public interest so requires and the President so states in writing. Appearances are scheduled on Tuesdays at 5 p.m., unless the Senate decides otherwise. When a member of the Cabinet desires to be heard by the Senate on any matter pertaining to his or her department that is pending consideration in the Senate, a request to that effect may be sent to the President of the Senate for his or her approval. Written questions are submitted to the President of the Senate at least three days before the scheduled appearance.

Role of Parliament in the appointment of senior Government officials

The President nominates and appoints the Heads of the executive departments, ambassadors, other public ministers and consuls, and certain officers of the armed forces (Article 7, paragraph 16 of the Constitution). These appointments are subject to the consent of the Commission on Appointments, composed of 13 senators and 12 members of the House of Representatives.

Activity reports of the Government administration and of public services or establishments

Government financial institutions and Government-owned or Government-controlled corporations submit activity reports to Parliament when their charters so require. Departments of Government must do so when required by Congress pursuant to its oversight functions.

Representation of Parliament in governing bodies of the Government administration

Not applicable

Existence of an ombudsman

Yes

Method for appointing the executive

The independent office of the Ombudsman is composed of the Ombudsman (Tanodbayan), one overall Deputy and at least one Deputy each for Luzon, Visayas, and Mindanao (Article 11, paragraph 5 of the Constitution). A separate Deputy for the military establishment may likewise be appointed. The Ombudsman and his or her deputies are appointed by the President from a list of at least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy thereafter. Such appointments require no confirmation.

Relationship to Parliament

The office of the Ombudsman is an independent institution. The Ombudsman and his or her deputies, as protectors of the people, act promptly on complaints filed in any form or manner against public officials or employees of Government, or any subdivision, agency or instrumentality thereof, including Government-owned or Government-controlled corporations, and notify, in appropriate cases, the complainants of the action taken and the result.

Consultation of Parliament in the preparation of the national budget

No

The President submits to Congress, within 30 days from the opening of every regular session as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures (Article 7, paragraph 22 of the Constitution).

Modalities of oversight

Examination of the budget / finance act by Parliament

All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills, originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments (Article 6, paragraph 24 of the Constitution). Congress may not increase the appropriations recommended by the President for the operation of Government as specified in the budget.

Reports on the budget / finance act by Committees

Congress exercises budgetary oversight through the committees concerned, particularly the House Committee on appropriations, through examination of the general appropriations act and through reports from the committee on appropriations.

Fields overseen

Defence budget

Not applicable

Budget of special departments

Not applicable

Role of Parliament in national development plans

Not applicable

Parliament's deadline for the examination and adoption of the budget / finance act

There is no set deadline for the examination and adoption of the general appropriation bill by Congress.

Consequences of failure by Parliament to adopt the budget / finance act

If, by the end of any fiscal year, Congress has failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year is deemed re-enacted and remains in force and effect until the new bill is passed by Congress.

Budgetary autonomy of Parliament

Yes

The procedure for approving appropriations for Congress strictly follows the procedure for approving appropriations for other departments and agencies. The budget of the legislature is thus included in the general appropriation act.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

Parliamentary oversight of public companies

No

The Senate committees on accountability of public officers and on Government corporations and public enterprises have jurisdiction to monitor and inquire as to the interests of Government in different public corporations.

Modalities of oversight

Body for auditing the Government's books and method for appointing

The Commission on Audit has the power, authority, and duty to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions, agencies, or instrumentalities, including Government-owned or Government-controlled corporations with original charters (Article 19, paragraph D, sub-section 2 of the Constitution). The commission is composed of a chairman and two commissioners, who are appointed by the President with the consent of the Commission on Appointments for a term of seven years without re-appointment.

Reports of the public auditor's office

The commission has exclusive authority to define the scope of its audit and examination, establishes the required techniques and methods, and promulgates accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures or uses of Government funds and properties. No law may be passed exempting any agency of Government or its subsidiaries in any guise whatever, or any investment of public funds, from the jurisdiction of the Commission on Audit. The commission submits to the President and to Congress an annual report covering the financial condition and operation of Government, its subdivisions, agencies, and instrumentalities, and recommends measures necessary to improve their effectiveness and efficiency. It also submits such other reports as may be required by law.

Specialised committee

Within 30 days after the end of a quarter, each department, bureau, office or agency is required to submit a quarterly report to Congress, particularly to the Senate finance committee, on their cumulative allotments, obligations incurred or liquidated, total disbursements, and non-compulsory or unexpended appropriations.

Foreign Relations Committee (sub-report)

Functions of the Committee

The Senate exercises oversight over foreign policy through the committee on foreign relations.

Powers of the Committee

The committee exercises jurisdiction over all matters relating to relations with other nations generally, diplomatic and consular services, the Association of Southeast Asian Nations, the United Nations and its agencies, multilateral organizations, all international agreements, obligations and contracts, as well as Filipinos overseas.

Composition of the Committee

The committee is composed of 15 members.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

Congress exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.

Plenary debates on foreign policy issues

Discussions and debates on foreign policy issues take place in the plenary sessions of Congress. Members deliver speeches with the protection of privilege on foreign policy issues and debate on bills and resolutions with foreign policy implications. Congress has passed many resolutions urging the executive to undertake a particular action in foreign affairs.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

Parliamentarians may participate in intergovernmental meetings at the request of the Government.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

No treaty or international agreement is valid and effective unless concurred in by at least two thirds of all members of the Senate (Article 7, paragraph 21 of the Constitution). When a treaty is received in the Senate for its concurrence, it is referred to the committee on foreign relations. After the committee has reported on the treaty to the Senate, the second reading of the treaty takes place and during this period it is opened to general debate and to amendments. After the close of the debate, the treaty is voted upon and once approved passes to its third reading.

Any action taken by the Senate on a treaty is set forth in a resolution prepared by the committee on foreign relations. This resolution is printed and distributed to the senators as a bill on third reading. Three days after the distribution of the resolution with printed copies of the treaty attached, the resolution is submitted for nominal voting and, if two thirds of all senators approve it, the treaty is deemed approved, and in the contrary case, disapproved. Consideration of the treaty is resumed from session to session until final approval or non-approval. All proceedings on treaties terminate upon the expiration of the term of the senators elected in the preceding elections and the same may be taken up in the succeeding sessions of the Senate, as if presented for the first time.

Other mechanisms for participation in foreign policy by Parliament

In addition to the above, the Senate initiates proposals in the form of legislative measures to strengthen foreign policy. It cooperates and complements the executive department in the formulation of foreign policy.

National Defence Committee (sub-report)

Functions of the Committee

The Senate exercises oversight over defence policy through the committee on national defence and security.

Powers of the Committee

The committee exercises jurisdiction over all matters relating to national defence, security, peace and order, the armed forces, pension plans and fringe benefits of war veterans and military retirees, the citizens' army, selective service, forts and arsenals, military camps and reservations, coastal, geodetic and meteorological surveys, civil defence and military research and development.

Composition of the Committee

The Senate committee is composed of 19 members.

Parliamentary oversight of public arms manufacturing companies

Not applicable

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

Congress, by a vote of two thirds of both Houses in joint session assembled, voting separately, has the sole power to declare the existence of a state of war (Article 6, paragraph 23 of the Constitution). In times of war or other national emergency, Congress may, by law, authorise the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of Congress, such powers cease upon the next adjournment thereof.

Role of Parliament in sending troops abroad

Not applicable

Other mechanisms for participation in national defence policy by Parliament

No other means in addition to the above.

Circumstances

The President, whenever it becomes necessary, may call out armed forces to prevent or suppress lawless violence, invasion or rebellion (Article 7, paragraph 18 of the Constitution). In case of invasion or rebellion, when public safety requires it, he or she may, for a period not exceeding 60 days, suspend the privilege of the writ of habeas corpus or place the country or any part thereof under martial law. Within 48 hours from the proclamation of martial law or the suspension of the mentioned privileges, the President submits a report in person or in writing to Congress. The latter, voting jointly, by a vote of at least a majority of all its members in regular or special session may revoke such proclamation or suspension, which revocation may not be set aside by the President. Upon the initiative of the President, Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by Congress, if the invasion or rebellion persists and public safety requires it.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

Congress, if not in session, convenes in accordance with its rules without need of a summons within 24 hours following such proclamation or suspension. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within 30 days from its filing. A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorise the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.

The existence and functioning of Congress is not affected in these circumstances. The suspension of the privilege of the writ of habeas corpus applies only to persons judicially charged for rebellion or offences inherent in, or directly connected with, invasion. During the suspension of the privilege, any person thus arrested or detained is judicially charged within three days or released. Moreover, in times of national emergency, when the public interest so requires, the state may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.

Modalities of oversight

Body ruling on the constitutionality of laws

Supreme Court / Tribunal

The Supreme Court is composed of a Chief Justice and 14 Associate Justices (Article 8, paragraph 4 of the Constitution). It may sit as a full bench or in its discretion, in division of three, five, or seven members. The Justices of the Supreme Court and Judges of the lower courts are appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation. For the lower courts, the President issues the appointments within 90 days from the submission of the list.

Means and procedures

All cases involving the constitutionality of a treaty, international or executive agreement, or law, which are heard by the full bench of the Supreme Court, and all other cases which under the rules of court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, are decided with the concurrence of a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon.

Cases or matters heard by a division are decided or resolved with the concurrence of a majority of the Justices who actually took part in the deliberations on the issues in the case and voted thereon, and in no case without the concurrence of at least three of such Justices. When the required number is not obtained, the case is decided en banc, provided that no doctrine or principle of law laid down by the court in a decision rendered by the full bench or in division may be modified or reversed except by the court sitting in full bench.

Evaluation of laws

Yes

Senate committees are responsible for the evaluation of laws in the exercise of their oversight functions.

Measures

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