House of Representatives (Philippines)

The House of Representatives of the Philippines ( fil, Kapulungan ng mga Kinatawan ng Pilipinas, italic=unset, ''Kamara'' or ''Kamara de Representantes'' from the Spanish word ''cámara'', meaning "chamber") is the lower house of Congress, the bicameral legislature of the Philippines, with the Senate of the Philippines as the upper house. The lower house is usually called Congress, although the term collectively refers to both houses.

Members of the House are officially styled as ''representative'' (''kinatawan'') and sometimes informally called ''congressmen'' or ''congresswomen'' (''mga kongresista'') and are elected to a three-year term. They can be re-elected, but cannot serve more than three consecutive terms except with an interruption of one term like the senate. Around eighty percent of congressmen are district representatives, representing a particular geographical area. The 19th Congress has 253 congressional districts. Party-list representatives are elected through the party-list system which constitutes not more than twenty percent of the total number of representatives.

Aside from needing its agreement to every bill in order to be sent for the president's signature to become law, the House of Representatives has power to impeach certain officials and all money bills must originate from the lower house.

The House of Representatives is headed by the speaker. The position is currently held by Rep. Martin Romualdez. The speaker of the House is the third in the presidential line of succession, after the vice and senate presidents. The official headquarters of the House of Representatives is at the '' Batasang Pambansa'' (literally "national legislature") located in Batasan Hills, Quezon City. The building is often simply called ''Batasan'' and the word has also become a metonym to refer to the House of Representatives.

History

Philippine Assembly

At the beginning of American colonial rule, from March 16, 1900, the sole national legislative body was the Philippine Commission with all members appointed by the President of the United States. Headed by the Governor-General of the Philippines the body exercised all legislative authority given to it by the President and the United States Congress until October 1907 when it was joined by the Philippine Assembly. William Howard Taft was chosen to be the first American civilian Governor-General and the first leader of this Philippine Commission, which subsequently became known as the Taft Commission.

The Philippine Bill of 1902, a basic law, or organic act, of the Insular Government, mandated that once certain conditions were met a bicameral, or two-chamber, Philippine Legislature would be created with the previously existing, all-appointed Philippine Commission as the upper house and the Philippine Assembly as the lower house. This bicameral legislature was inaugurated in October 1907. Under the leadership of Speaker Sergio Osmeña and Floor Leader Manuel L. Quezon, the Rules of the 59th United States Congress was substantially adopted as the Rules of the Philippine Legislature. Osmeña and Quezon led the Nacionalista Party, with a platform of independence from the United States, into successive electoral victories against the Progresista Party and later the Democrata Party, which first advocated United States statehood, then opposed immediate independence.

It is this body, founded as the Philippine Assembly, that would continue in one form or another, and with a few different names, up until the present day.

Jones Act of 1916

In 1916, the Jones Act, officially the Philippine Autonomy Act, changed the legislative system. The Philippine Commission was abolished and a new fully elected, bicameral Philippine Legislature consisting of a House of Representatives and a Senate was established. The Nacionalistas continued their electoral dominance at this point, although they were split into two factions led by Osmeña and Quezon; the two reconciled in 1924, and controlled the Assembly via a virtual dominant-party system.

Commonwealth and the Third Republic

The legislative system was changed again in 1935. The 1935 Constitution 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 adopted.

Upon the inauguration of the Republic of the Philippines in 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. The "Liberal bloc" of the Nacionalistas permanently split from their ranks, creating the Liberal Party. These two will contest all of the elections in what appeared to be a two-party system. The party of the ruling president wins the elections in the House of Representatives; in cases where the party of the president and the majority of the members of the House of Representatives are different, a sufficient enough number will break away and join the party of the president, thereby ensuring that the president will have control of the House of Representatives.

Martial Law

This set up continued until President Ferdinand Marcos declared martial law and abolished Congress. He would rule by decree even after the 1973 Constitution abolished the bicameral Congress and created a unicameral ''Batasang Pambansa'' parliamentary system of government, as parliamentary election would not occur in 1978. Marcos' Kilusang Bagong Lipunan (KBL; New Society Movement) won all of the seats except those from the Central Visayas ushering in an era of KBL dominance, which will continue until the People Power Revolution overthrew Marcos in 1986.

1987 Constitution

The 1987 Constitution restored the presidential system of government together with a bicameral Congress of the Philippines. One deviation from the previous setup was the introduction of the mid-term election; however, the dynamics of the House of Representatives resumed its pre-1972 state, with the party of the president controlling the chamber, although political pluralism ensued that prevented the restoration of the old Nacionalista-Liberal two-party system. Instead, a multi-party system evolved.

Corazon Aquino who nominally had no party, supported the Laban ng Demokratikong Pilipino (LDP; Struggle of the Democratic Filipinos). With the victory of Fidel V. Ramos in the 1992 presidential election, many representatives defected to his Lakas-NUCD party; the same would happen with Joseph Estrada's victory in 1998, but he lost support when he was ousted after the 2001 EDSA Revolution that brought his vice president Gloria Macapagal Arroyo to power. This also meant the restoration of Lakas-NUCD as the top party in the chamber. The same would happen when Benigno Aquino III won in 2010, which returned the Liberals into power.

The presiding officer is the Speaker. Unlike the Senate President, the Speaker usually serves the entire term of Congress, although there had been instances when the Speaker left office due to conflict with the president: examples include Jose de Venecia Jr.'s resignation as speaker in 2008 when his son Joey de Venecia exposed alleged corrupt practices by First Gentleman Mike Arroyo, and Manny Villar's ouster occurred after he allowed the impeachment of President Estrada in 2000.

Electoral system

The Philippines uses parallel voting for its lower house elections. For the 2022 elections, there will be 316 seats in the House; 253 of these are district representatives, and 63 are party-list representatives. The number of seats to be disputed may change depending on the creation of new congressional districts.

Philippine law mandates that there should be one party-list representative for every four district representatives. District representatives are elected under the plurality voting system from single-member districts. Party-list representatives are elected via the nationwide vote with a 2% election threshold, with a party winning not more than three seats. The party with the most votes usually wins three seats, then the other parties with more than 2% of the vote two seats. At this point, if all of the party-list seats are not filled up, the parties with less than 2% of the vote will win one seat each until all party-list seats are filled up.

Political parties competing in the party-list election are barred from participating district elections, and vice versa, unless permitted by the Commission on Elections. Party-lists and political parties participating in the district elections may forge coalition deals with one another.

Campaigning for elections from congressional districts seats are decidedly local; the candidates are most likely a part of an election slate that includes candidates for other positions in the locality, and slates may comprise different parties. The political parties contesting the election make no attempt to create a national campaign.

Party-list campaigning, on the other hand, is done on a national scale. Parties usually attempt to appeal to a specific demographic. Polling is usually conducted for the party-list election, while pollsters may release polls on specific district races. In district elections, pollsters do not attempt to make forecasts on how many votes a party would achieve, nor the number of seats a party would win; they do attempt to do that in party-list elections, though.

Officers

The members of the House of Representatives who are also its officers are also ''ex officio'' members of all of the committees and have a vote.

The leadership positions, except for the Secretary General and Sergeant-at-Arms, are currently vacant. The terms of office of the officers elected during the 18th Congress ended on June 30, 2022. On July 25, 2022, the 19th Congress of the Philippines shall elect among themselves their leaders.

Speaker

The speaker is the head of the House of Representatives. He presides over the session; decides on all questions of order, subject to appeal by any member; signs all acts, resolutions, memorials, writs, warrants, and subpoenas issued by or upon order of the House; appoints, suspends, dismisses, or disciplines House personnel; and exercise administrative functions.

The speaker is elected by a majority of all the members of the House, including vacant seats. The speaker is traditionally elected at the convening of each congress. Before a speaker is elected, the House's sergeant-at-arms sits as the "Presiding Officer" until a speaker is elected. Compared to the Senate President, the unseating of an incumbent speaker is rarer.

Deputy Speakers

There was a position of speaker ''pro tempore'' for congresses prior the reorganization of the officers of the House of Representatives during the 10th Congress in 1995. The speaker ''pro tempore'' was the next highest position in the House after the speaker.

The position was replaced by deputy speakers in 1995. Originally, there was one Deputy Speaker for each island group of Luzon, Visayas and Mindanao. Then, in 2001 during the 12th Congress, a Deputy Speaker "at large" was created. In the next Congress, another "at large" deputy speakership was created, along with a Deputy Speaker for women. In the 15th Congress starting in 2010, all six deputy speakers are "at large".

In the 16th Congress, the deputy speakers represent the chamber at-large. Starting in the 17th Congress, each region is represented by a Deputy Speaker, with additional deputy speakers from the party-list ranks.

The deputy speakers perform the speaker's role when the speaker is absent. In case in the resignation of the speaker, the deputy speakers shall elect from among themselves an acting speaker, until a speaker is elected.

Majority Floor Leader

The majority leader, aside from being the spokesman of the majority party, is to direct the deliberations on the floor. The Majority Leader is also concurrently the Chairman of the Committee on Rules. The majority leader is elected in a party caucus of the ruling majority party.

Minority Floor Leader

The minority leader is the spokesman of the minority party in the House and is an ''ex-officio'' member of all standing Committees. The minority leader is elected in party caucus of all Members of the House in the minority party, although by tradition, the losing candidate for speaker is named the minority leader.

Secretary General

The secretary general enforces orders and decisions of the House; keeps the Journal of each session; notes all questions of order, among other things. The secretary general presides over the chamber at the first legislative session after an election, and is elected by a majority of the members.

As of November 18, 2020, former Batangas Representative Mark L. Mendoza is the Secretary General of the House of Representatives.

Sergeant-at-Arms

The Sergeant-at-Arms is responsible for the maintenance of order in the House of Representatives, among other things. Like the Secretary General, the Sergeant-at-Arms is elected by a majority of the members.

As of October 12, 2020, retired Police Major General Mao Aplasca is the Sergeant-at-Arms of the House of Representatives.

Qualifications

The qualifications for membership in the House are expressly stated in Section 6, Art. VI of the 1987 Philippine Constitution as follows:

*No person shall be a Representative unless he/she is a natural-born citizen of the Philippines, and on the day of the election, is at least 25 years of age, able to read and write, a registered voter except for a party-list representative, and a resident of the country for not less than one year immediately preceding the day of the election.
*The age is fixed at 25 and must be possessed on the day of the elections, that is, when the polls are opened and the votes cast, and not on the day of the proclamation of the winners by the board of canvassers.
*With regard to the residence requirements, it was ruled in the case of ''Lim v. Pelaez'' that it must be the place where one habitually resides and to which he, after absence, has the intention of returning.
*The enumeration laid down by the 1987 Constitution is exclusive under the Latin principle of ''expressio unius est exclusio alterius''. This means that Congress cannot anymore add additional qualifications other than those provided by the Constitution.

Membership

There are two types of congressmen: those who represent geographic districts, and those who represent party-lists. The first-past-the-post (simple plurality voting) method is used to determine who represents each of the 243 geographic districts. The party-list representatives are elected via the party-list system. The party-list representatives should always comprise 20% of the seats.

Originally set at 200 in the ordinance of the 1987 constitution, the number of districts has grown to 243. All of the new districts are via created via piecemeal redistricting of the then existing 200 districts, and via the creation of new provinces and cities. The constitution gave Congress to nationally redistrict the country after the release of every census, but this has not been done.

The original 200 districts meant that there should have been 50 party-list representatives. However, the constitution did not give the specifics on how party-list congressmen should have been elected. This led to presidents appointing sectoral representatives, which were then approved by the Commission on Appointments; only a handful of sectoral representatives were seated in this way. With the enactment of the Party-List System Act, the first party-list election was in 1998; with the 2% election threshold, a 3-seat cap and tens of parties participating, this led to only about a fraction of the party-list seats being distributed. Eventually, there had been several Supreme Court decisions changing the way the winning seats are distributed, ensuring that all party-list seats are filled up.

There were supposed to be 245 congressional districts that were to be disputed in the 2019 election, so there were 61 party-list seats contested in the party-list election. Elections in two of these districts were delayed due to its creation right before campaigning. The Supreme Court ruled that one district be contested in the next (2022) election, then the Commission on Elections applied the court's ruling to the other district, bringing the number of districts to 243, while still keeping the 61 party-list representatives, for a total of 304 seats.

Vacancies from representatives elected via districts are dealt with special elections, which may be done if the vacancy occurred less than a year before the next regularly-scheduled election. Special elections are infrequently done; despite several vacancies, the last special election was in 2012. For party-list representatives, the nominee next on the list is asked to replace the outgoing representative; if the nominee agrees, then that person would be sworn in as a member, if the nominee doesn't agree, then the nominee after that person is asked, and the process is repeated. Vacating party-list representatives have always been replaced this way.

Congressional district representation

Eighty percent of representatives shall come from congressional districts, with each district returning one representative. The constitution mandates that every province and every city with a population of 250,000 must have at least one representative. Each legislative district, regardless of population, has one congressman. For provinces that have more than one legislative district, the provincial districts are identical to the corresponding legislative district, with the exclusion of cities that do not vote for provincial officials. If cities are divided into multiple districts for city hall representation purposes, these are also used for congressional representation.

The representatives from the districts comprise at most 80% of the members of the House; therefore, for a party to have a majority of seats in the House, the party needs to win a larger majority of district seats. No party since the approval of the 1987 constitution has been able to win a majority of seats, hence coalitions are not uncommon.

Legislative districts in provinces

* Abra (1)
* Agusan del Norte (2)
* Agusan del Sur (2)
* Aklan (2)
* Albay