Summary
Highlights
The Electoral Tribunal is responsible for resolving all contests related to the election, returns, and qualifications of its respective members. Both the Senate and the House of Representatives have an Electoral Tribunal. Its composition includes three Supreme Court justices and six members from the Senate or House of Representatives, chosen based on proportional representation from political parties. The senior justice chairs the tribunal, and its decisions are final, only appealable to the Supreme Court in cases of grave abuse of discretion.
The Commission on Appointments (CA) is a constitutional body that confirms or rejects presidential appointments. It comprises the Senate President (as ex-officio chairman), twelve senators, and twelve members of the House of Representatives, selected proportionally from political parties. The chairman only votes in case of a tie. The CA must act on appointments within 30 session days and rules by a majority vote of its members. The CA confirms appointments for heads of executive departments (unless it's the Vice President), ambassadors, public ministries, councils, officers of the AFP from colonel/naval captain rank, and other constitutionally vested positions. Its meetings occur during congressional sessions, and its procedural rules are independent of congressional and judicial powers.
Members of Congress are prohibited from holding more than one position, specifically 'incompatible offices.' A legislator cannot be simultaneously appointed as a department secretary or director of a government position without forfeiting their legislative seat. This prohibition is not absolute; legislators can hold another office if they forfeit their seat. Exceptions include membership in the Electoral Tribunal and the Judicial and Bar Council. The purpose is to ensure full devotion to their legislative duties and prevent conflicts of interest.
Legislators are prohibited from being appointed to any office created or with emoluments increased during their elected term. This 'forbidden office' rule prevents legislators from creating or enhancing government positions for personal gain. This disqualification applies only during the specific term when the office was created or its emoluments increased. If the legislator is re-elected after that term, the disqualification no longer applies.
Other prohibitions for members of Congress include not appearing as counsel before any court or administrative body (to prevent undue influence), not having any direct or indirect financial interest in government contracts (to prevent financial benefits from their influence), and not intervening in matters before any government office (to ensure unbiased voting and decision-making for the common good).
Parliamentary privileges grant legal immunities to members of both houses to enable them to perform their duties without external interference. The 'privilege from arrest' means members cannot be arrested while Congress is in session (regular or special) for offenses punishable by less than six years imprisonment. For crimes like rape, with a sentence exceeding six years, arrest is permissible even during session. Limitations include offenses punishable by more than six years, when Congress is not in session (e.g., recess), and the immunity pertains only to arrest, not criminal prosecution.
Members of Congress cannot be prosecuted for words spoken during debate or in session, allowing them to represent the people without fear of civil or criminal prosecution. This privilege is effective for speeches and debates made in Congress or acts authored by the legislator in their capacity as a member. Limitations apply if the member acts in a personal capacity, is questioned within Congress itself, or if the speech/debate is not part of their official duties. However, the immunity applies even if Congress is not in session, as long as it forms part of a legislative action.