Senate of the Philippines
Senado ng Pilipinas
|18th Congress of the Philippines|
Flag of the Senate of the Philippines
|2 consecutive terms (12 years)|
|Founded||October 16, 1916|
|Preceded by||Second Philippine Commission|
| Liberal (3)
|Committees||40 standing committees|
Length of term
|6 years, renewable|
|Authority||Article VI, Constitution of the Philippines|
|May 13, 2019 (12 seats)|
|May 9, 2022 (12 seats)|
|GSIS Building, Financial Center, Macapagal Boulevard, Pasay|
|Senate of the Philippines|
|This article is part of a series on the|
politics and government of
|The Senate of the Philippines (Filipino: Senado ng Pilipinas, also Mataas na Kapulungan ng Pilipinas or "upper chamber") is the upper house of Congress, the bicameral legislature of the Philippines; the House of Representatives is the lower house. The Senate is composed of 24 senators who are elected at-large with the country as one district under plurality-at-large voting.
Senators serve six-year terms with a maximum of two consecutive terms, with half of the senators elected every three years to ensure that the Senate is maintained as a continuous body, though staggered. When the Senate was restored by the 1987 Constitution, the 24 senators who were elected in 1987 served until 1992. In 1992 the 12 candidates for the Senate obtaining the highest number of votes served until 1998, while the next 12 served until 1995. Thereafter, each senator elected serves the full six years.
Aside from having its concurrence on every bill in order to be passed for the president's signature to become a law, the Senate is the only body that can concur with treaties, and can try impeachment cases. The Senate Presidency is currently held by Tito Sotto.
The Senate has its roots in the Philippine Commission of the Insular Government. Under the Philippine Organic Act, from 1907 to 1916, the Philippine Commission headed by the Governor-General of the Philippines served as the upper chamber of the Philippine Legislature, with the Philippine Assembly as the elected lower house. At the same time the governor-general also exercised executive powers.
In August 1916 the United States Congress enacted the Philippine Autonomy Act or popularly known as the "Jones Law", which created an elected bicameral Philippine Legislature with the Senate as the upper chamber and with the House of Representatives of the Philippines, previously called the Philippine Assembly, as the lower chamber. The Governor-General continued to be the head of the executive branch of the Insular Government. Senators then were elected via senatorial districts via plurality-at-large voting; each district grouped several provinces and each elected two senators except for "non-Christian" provinces where the Governor-General of the Philippines appointed the senators for the district.
Future president Manuel L. Quezon, who was then Philippine Resident Commissioner, encouraged future president Sergio Osmeña, then Speaker of the House, to run for the leadership of the Senate, but Osmeña preferred to continue leading the lower house. Quezon then ran for the Senate and became Senate President serving for 19 years (1916–1935).
This setup continued until 1935, when the Philippine Independence Act or the "Tydings–McDuffie Act" was passed by the U.S. Congress which granted the Filipinos the right to frame their own constitution in preparation for their independence, wherein they established a unicameral National Assembly of the Philippines, effectively abolishing the Senate. Not long after the adoption of the 1935 Constitution several amendments began to be proposed. By 1938, the National Assembly began consideration of these proposals, which included restoring the Senate as the upper chamber of Congress. The amendment of the 1935 Constitution to have a bicameral legislature was approved in 1940 and the first biennial elections for the restored upper house was held in November 1941. Instead of the old senatorial districts, senators were elected via the entire country serving as an at-large district, although still under plurality-at-large voting, with voters voting up to eight candidates, and the eight candidates with the highest number of votes being elected. While the Senate from 1916 to 1935 had exclusive confirmation rights over executive appointments, as part of the compromises that restored the Senate in 1941, the power of confirming executive appointments has been exercised by a joint Commission on Appointments composed of members of both houses. However, the Senate since its restoration and the independence of the Philippines in 1946 has the power to ratify treaties.
The Senate finally convened in 1945 and served as the upper chamber of Congress from thereon until the declaration of martial law by President Ferdinand Marcos in 1972, which shut down Congress. The Senate was resurrected in 1987 upon the ratification of the 1987 Constitution. However, instead of eight senators being replaced after every election, it was changed to twelve.
In the Senate, the officers are the Senate President, Senate President pro tempore, Majority Floor Leader, Minority Floor Leader and the Senate Secretary and the Senate Sergeant at Arms who shall be elected by the Senators from among the employees and staff of the Senate. Meanwhile, the Senate President, Senate President pro-tempore, the Majority Floor Leader and the Minority Floor Leader shall be elected by the Senators from among themselves.
Article VI, Section 2 of the 1987 Philippine Constitution provides that the Senate shall be composed of 24 senators who shall be elected at-large by the qualified voters of the Philippines, as may be provided by law.
The composition of the Senate is smaller in number as compared to the House of Representatives. The members of this chamber are elected at large by the entire electorate. The rationale for this rule intends to make the Senate a training ground for national leaders and possibly a springboard for the presidency.
It follows also that the Senator, having a national rather than only a district constituency, will have a broader outlook of the problems of the country, instead of being restricted by narrow viewpoints and interests. With such perspective, the Senate is likely to be more circumspect, or at least less impulsive, than the House of Representatives.
Senatorial candidates are chosen by the leaders of major political parties or coalitions of parties. The selection process is not transparent and is done in "backrooms" where much political horse-trading occurs. Thus, the absence of regional or proportional representation in the Senate exacerbates a top heavy system of governance, with power centralized in Metro Manila. It has often been suggested that each region of the country should elect its own senator(s) to more properly represent the people. This will have the effect of flattening the power structure. Regional problems and concerns within a national view can be addressed more effectively. A senator's performance, accountability, and electability become meaningful to a more defined and identifiable regional constituency.
The Senate Electoral Tribunal (SET) composed of three Supreme Court justices and six senators determines election protests on already-seated senators. There had been three instances where the SET has replaced senators due to election protests, the last of which was in 2011 when the tribunal awarded the protest of Koko Pimentel against Juan Miguel Zubiri.
The qualifications for membership in the Senate are expressly stated in Section 3, Art. VI of the 1987 Philippine Constitution as follows: