Kinds OF Sovereignty

There are four kinds of sovereignty:

Legal sovereignty - is the authority which has the power to issue final commands. This is the supreme law making power.

Political sovereignty - is the power behind the legal sovereign, or the sum of the influences that operate upon it. This is legally unknown, unorganized and incapable of expressing the will of the state in the form of legal command. But it is this will that must ultimately prevail in the State. In a narrower sense, the electorate constitutes the political sovereign, and in a broader sense, the whole mass of population.

Internal sovereignty - refers to the power of the State to control its domestic affairs. It empowers the State to make and alter its system of government, and to regulate its private affairs, as well as the rights and relations of its citizens, without any dictation, interference, or control on the part of any person or body or State outside the particular political community.

External sovereignty - is the power of the State to direct its relations with other States. With this, the State is not subject to the control, dictation, or government of any other power. It implies the right and power to receive recognition as an independent power from other powers, and to make treaties with them on equal terms, make war or peace with them, send diplomatic agents to them, acquire territory by conquest or occupation, and otherwise to manifest the freedom and autonomy. (Suarez, 2005) This is also known as independence.

SOVEREIGNTY, DEFINED.

Sovereignty is the supreme power of the state to command and enforce obedience to its will from people within its jurisdiction and corollarily, to have freedom from foreign control. (De Leon, 1991) It is the supreme, absolute and uncontrollable power by which any state is governed.

CHARACTERISTICS OF SOVEREIGNTY

Sovereignty is permanent, exclusive, comprehensive, inalienable, absolute and unified.

Permanence - So long as the state itself exists, sovereignty continues without interruption.
Exclusive - There can be but one supreme power in the state. Within the state, there is no other power that possesses equal or superior authority to it.
Comprehensiveness - Sovereign power extends over all persons, associations, and things within such territorial limits except those over which the state has voluntarily consented to waive the exercise of its jurisdiction.
Inalienability - An attribute of the state by virtue of which it cedes away any of its essential elements without self-destruction.
Absolutism - Sovereignty is a primary power. It does not derive its power from  anything, There is no other body that determines the nature and the extent of the power as a matter of legal right.
Unity - Sovereignty cannot be divided without producing several wills of the people, which is inconsistent with the notion of sovereignty.

THE LEGISLATURE

Legislature is a body of persons, usually elective, empowered to make, change, or repeal all laws of a country or state. (Zulueta, 1999.) The legislature determines and prescribes the general rules that govern the relations of the people among themselves or between them and the government and its agencies. Moreover, this body also defines the rights and duties of citizens, imposes taxes, appropriates funds, defines crimes and prescribes their punishment, creates and abolishes government offices and determines their jurisdiction and function through their written enactments called laws. 

Types of Legislature
There are several types of legislative bodies established by different countries:

·         unicameral

·         bicameral

·         multi-cameral.

Unicameral is the practice where there is only one legislative chamber. Because there is only one legislative chamber, proponents of this system believe that this system offers simple and fast action in deliberating legislative measures. This is also more economical to maintain as there are fewer institutions to support and maintain. The most populous (China) and the least populous (Vatican City) states in the world practice the unicameral system of government.

Bicameralism is the practice where there are two legislative bodies.  Advocates of the bicameralism claim that this system is less susceptible to bribery and control of big interests because the members of another chamber can check the other chamber. Hasty and ill-considered legislation past by the first chamber can be therefore be checked, modified or rejected by the other chamber. The United States and the Philippines operate under this system.

Multicameralism is the practice where there are more than two chambers. In 1983, the apartheid government of South Africa provided for a tricameral legislature perceived to be race-based. They were the House of Assembly - reserved for the whites; the House of Representatives - reserved for the colored or mixed race; and the House of Delegates - reserved for the Asians. That tricameral legislature was controversial and was not particularly strong. 

THE PHILIPPINE LEGISLATIVE BRANCH

The Philippine Legislative branch, otherwise known as the Congress of the Philippines, is composed of two houses: the House of Senate and the House of Representatives. The first house is considered as the upper house and the latter is the lower house. Lodged in these two houses is the legislative power or the power to make, alter or repeal laws. However, one of the modifications of the 1987 Philippine Constitution is that the legislative power is now not exclusively vested in the Congress. It provides:

"The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum."

This makes the power of initiative and referendum directly in the hands of the people. The people therefore has the direct power to "propose and enact laws or approve or reject any act or law on part thereof passed by the Congress or local legislative body."  This power can be used by the people should the legislature show itself indifferent to the needs of the people. (Bernas, 2007) Of course, the scope of this legislative power which the people may exercise through initiative and referendum is subject to the exceptions which Congress may impose. (Sec 32, Art VI, 1987 Phil Const)

THE PHILIPPINE SENATE

Composition

The Senate is composed of twenty-four (24) senators who are elected at large by qualified Filipino voters.  When we say elected at large, we mean that the senators were voted upon by the entire national electorate. The Senate is considered as a training ground for national leaders and possibly a step forward to Presidency. It is perceived that having been elected by the national electorate, a senator will have a broader outlook of the problems of the country instead of being restricted by parochial viewpoints and narrow interests.

Qualifications

The following are the qualifications for membership in the Senate as laid down in Section 3, Article VI of the 1987 Philippine Constitution:

Natural-born citizen

At least 35 years old on the day of the election

Able to read and write

A registered voter

A resident of the Philippines for not less than 2 years immediately preceding the day of the election

Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority are deemed natural-born citizens.

The age qualification is very clear. A candidate must be 35 years old on the very day of the elections, that is, when the polls are opened and the votes are cast, and not on the day of the proclamations of the winners by the board of canvassers. This nullifies the ruling in Espinosa vs. Aquino (Electoral Case No. 9, SET).

Residence is defined as the place where one habitually resides and to which, when he is absent, he has the intention of returning. (Lim vs. Pelaez, Electoral Case No. 35, HET). For those running in the Senate, the residence to them is in any part of the Philippines.

All of the qualifications set in Section 3, Article VI of the 1987 Constitution are continuing requirements. They must be possessed for the entire duration of the member's incumbency. Thus, if one was naturalized in a foreign country during his term, he shall cease to be entitled to his seat.

Moreover, the Congress cannot change the qualifications set forth by just passing an ordinary statute, no matter how relevant they may be. It requires a call for an amendment of the Constitution for any change that would be effected in the qualifications.

Term
The term of the senators is governed by the following provisions in Articles VI and XVII (1987 Philippine Constitution) respectively:

 "Sec. 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election."

"Sec. 2. The Senators, Members of the House of Representatives, and the local officials first elected under this Constitution shall serve until noon of June 30, 1992.
"Of the senators elected in the election in 1992, the first twelve obtaining the highest number of votes shall serve for six years and the remaining twelve for three years."

The last provision is for the continuity of the life of the Senate wherein twelve senators shall be elected every three years to serve the full term of six years. This makes the House of Senate not at any time completely dissolved. This scheme is intended to encourage the maintenance of Senate policies as well as guarantee that there will be experienced members who can help and train newcomers in the discharge of their duties.

Following the said provision, those senators who were first elected on May 1987 served a term of only five (5) years only ending on June 30, 1992. Of the twenty-four (24) senators elected in 1992, the first twelve obtaining the highest number of votes served the full term of six years (1992-1998). The last twelve senators served a term of three years (1992-1995). Now, the twelve senators who were elected in that same year (1995), they served the full term of six years. Those who were also elected in 1998 served the full term of six years and so on.

One thing though that the Constitution specifically provides is no senator is to serve for more than two consecutive terms. The senator therefore can serve no more than twelve (12) years in the Senate. This constitutional prohibition is intended to encourage other political aspirants and discourage the creation and maintenance of political dynasties.

The term of all the members of the Congress starts at twelve noon of June 30 next following their election in May

THE PHILIPPINE HOUSE OF REPRESENTATIVES

Composition

There are two kinds of members in the House of Representatives, to wit: the district representatives and the party-list representatives.

The district representatives are elected directly and personally, from the territorial unit they seek to represent. To date, there are 216 members in the House of Representatives who were elected directly and personally from the territorial unit they represent. These units or legislative districts were created in accordance with their respective population and on the basis of a uniform and progressive ratio. The Constitution provides that there shall be a reapportionment of legislative districts within three years following the return of every census. When making a reapportionment, the legislature shall see to it that each city with a population of at least two hundred fifty thousand, and every province shall have at least one representative. In reapportionment, the Charter prohibits gerrymandering - the arrangement of districts in such a way as to favor the election of preferred candidates through the inclusion therein only of those areas where they expect to win, regardless of the resultant shape of such districts. Arrangement must be compact, contiguous and adjacent.

The party-list representatives, on the other hand, are chosen indirectly, through the party they represent. The voters choose from the various parties listed in the Commission on Elections.  The number of candidates to be elected from each party shall depend on the percentage or proportion of votes obtained by the party in the election. To date, twenty percent or 54 of the total membership (270) of the House of Representatives is composed of party-list representatives.

Qualifications
Members of the House of Representatives have the same qualifications with the members of House of Senate except for age and residency qualifications.

The age qualification is lower (25 years old) as compared to the senators which is 35 years old. This might explain the relative impulsiveness of the House of Representatives.

Residence for the members of the House of Representatives must be in the district they represent and is only for one year immediately before the election. In the case of the Senate, residency is two years before the election. The purpose of the residence requirement is to ensure familiarity with the conditions and problems of the constituency sought to be represented and consequent efficiency and concern in the discharge of legislative duties on its behalf. (Cruz, 2005).

Term
The term of the members of the House of Representatives is fixed for three years which begins at noon of the thirtieth day of June next following their election. They shall serve of not more than three consecutive terms or a total of nine (9) years only. One purpose in reducing the term to three years is to synchronize with the senatorial, vice-presidential and presidential elections.

Voluntary renunciation of the office is not considered as an interruption in the continuity of a representative's service for the full term for which he was elected.

PARLIAMENTARY IMMUNITIES

There are two kinds of privileges that every member of the Congress enjoys, to wit: immunity from arrest and privilege of speech and debate. 

Immunity from arrest.

Intended to ensure representation of the constituents of the members of the Congress by preventing attempts to keep him from attending its sessions, they shall not be arrested, while the Congress is in session, for offenses that are punishable by not more than six years. Session herein refers to the entire period from its initial convening until its final adjournment, eg. July 27 to October 16. Thus, freedom from arrest can be enjoyed even though the member is not attending the day-to-day meetings. However, this privilege cannot be used for offenses (civil or criminal) that are punishable by more than six months, eg. rape, murder. In People vs. Jalosjos, the respondent who was found guilty of rape and in detention was not freed on his claim of popular sovereignty and the need of his constituents to be represented. Rather, it was ruled that for crimes punishable by a penalty of more than six years, the members of the Congress are not exempted from detention. 

Privilege of Speech and Debate
This privilege enables the legislator to express views in the interest of the public without fear of accountability to support his statements with the usual evidence required in the court of justice. There are however two requirements in order that this privilege be availed. First, the remarks must be made while the legislature is in session; and second, they must be made in connection with the discharge of official duties. The Supreme Court declared in Jimenez vs. Cabangbang, that the privilege cannot be invoked by a legislator who had allegedly maligned the plaintiff in an open letter to the President of the Philippines coursed through and published in the newspapers. The finding was that he had written the letter at a time when the Congress was in recess and in his private capacity only.