Article VI: execution to the executive, and settlement of judicial
controversies to the judiciary. This principle is an implicit
The Legislative Department
Section 1: 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.
Bicameral Body - The Jones Law called for a bicameral
Congress, but the 1935 and 1973 Constitutions both
originally called for a unicameral Congress. However, the
1935 Constitution was later amended to provide for a
bicameral legislature.
The arguments for a unicameral body as contemplated in
the 1935 and 1973 Constitutions are:
• simplicity of organization resulting in economy and
efficiency
• facility in pinpointing responsibility for legislation
• avoidance of duplication
• strengthening of the legislature in relation to the
executive.
This debate resurfaced in the deliberations for the 1987
Constitution. A bicameral legislature was adopted, by a vote
of 23-22, because:
• an upper house has the capacity to look at
problems from a national perspective, and this
national perspective serves as a check on the
parochial tendency of a body elected by districts
• a bicameral legislature allows for a more careful
study of legislation
• bicameralism is less vulnerable to attempts by the
executive at manipulation
Nature of Legislative Power
Legislative power is the authority to make laws and to alter
and repeal them. It is a derivative and vested power given
to the legislature by the Constitution. According to
American jurisprudence, “the Constitution fixes limits to the
exercise of legislative authority, and prescribes the limits
within it must move. This also provides the basis for non-
delegability and the prohibition against the passage of
irrepealable laws.
Unlike the United States Constitution, the 1987 (like the
1935 and 1973 Constitutions) gives a grant of plenary
legislative power to the Philippine legislature. This means
that “any power, deemed to be legislative by usage and
tradition, is necessarily possessed by Congress, unless the
organic act has lodged it elsewhere.”
Separation of Powers
A basic corollary of the presidential system of government
is the principle of separation of powers. Separation of
powers means that legislation belongs to Congress,
Constitutional Law I: Block E 2015 Reviewer | Article VI: Legislative Department | KSantos. 
limitation on legislative power. However, the separation is
not absolute because it allows for checks and balances
because no one department is able to act without the
cooperation of at least one of the other departments. The
purpose of these checks and balances is to avoid power
being concentrated in one department. The danger in the
concentration of power was realized in the dark days of
martial law.
Limits on Legislative Power
Legislative power is subject to substantive limitations which
circumscribe both the exercise of the power itself and the
allowable subjects of legislation. The substantive limitations
are chiefly found in the Bill of Rights, and there exist
procedural limitations prescribing the manner of passing
bills and the forms that these bills should take.
Initiative and Referendum
In republican constitutional theory, the original legislative
power belongs to the people who, through the Constitution,
confer derivative legislative power on the legislature.
However, under the 1987 Constitution, the grant of
legislative power to Congress is not exclusive. The
Constitution provides for initiative and referendum as a
direct means for the people to create law.
The power of initiative and referendum is thus the power of
the people directly to propose and enact laws or approve or
reject any act or law or part thereof passed by the Congress
or local legislative body. The purpose of the provisions for
initiative and referendum (Sections 1 and 32) is to
institutionalize People Power.
The operationalization of initiative and referendum has
been left by the Constitution to Congress. Although the
legislative power of Congress is plenary, the scope of the
legislative power that is given to the people by initiative and
referendum is limited to whatever exceptions that Congress
may impose.
Legislative Powers of Marcos and Aquino
The 1973 Constitution provided for two concurrent
legislative agencies: the Batasang Pambansa and the
President. The legislative power of the Batasan was
ordinary, while the legislative power of the President was
extraordinary. The extraordinariness of the President's
power, however, did not lie solely in that it was a tool for
coping with emergency; it also lay in the distinct advantage
it gave to the President over the legislature. It not only
enabled him to supply for the legislature when the latter, in
the judgment of the President, "fail[ed] or [was] unable to
act on any matter" that may need immediate action, but it
also enabled the President to undo what the legislature
might have done not to his satisfaction. Moreover, he could
legislate, or repeal or amend old legislation unhampered by
any need for debate or three readings or by the other
formal limitations that are imposed on the legislative body.
Immediately after the February 1986 revolution, President
Corazon C. Aquino assumed revolutionary legislative power
and, on March 25, 1986, issued Proclamation No. 3, the
Provisional Freedom Constitution, whose Article I, Section 3,
abolished the Batasang Pambansa and whose Article II,
Section 1, vested legislative power in the President "[u]ntil a
legislature is elected and convened under a new
Constitution." Section 6 of the 1987 Transitory Provisions in
turn said: "The incumbent President [Corazon Aquino] shall
1
continue to exercise legislative powers until the first
Congress is convened." Thus the only difference between
the scope of the legislative powers of President Aquino and
that of President Marcos was that, whereas Mr. Marcos
exercised the power concurrently first with the interim
Batasang Pambansa and subsequently with the regular
Batasang Pambansa, President Aquino exercised it alone.
She lost it on July 26, 1987. But she lost it with a bang
signing a batch of forty-two legislative acts on the eve of
the convening of the First Congress.
Non-delegability of Legislative Power
There are three theories that advance the non-delegability
of legislative power:
1. Separation of Powers keeps the responsibility for
the creation of statutes to the legislative branch
2. Due Process – the process by which the powers are
separated and safeguarded demand that
legislation come from the legislative
3. Delegata potestas non potest delegari, which
means that which has been delegated to you
cannot be further delegated by you
Since the Constitution gave to Congress alone the power to
make law, means that no other body or branch of
government can make laws. The controlling legal maxim is
the maxim of agency, delegata potestas non potest
delegari. However, in spite of this principle, numerous
statutes have been passed conferring legislative power to
administrative agencies, authorizing them to exercise
regulatory powers.
This is justified by two theories: the first theory, advanced in
1825, is that a non-legislative body may be authorized to
“fill in the gaps” of a statute. The other theory, is that
Congress may pass contingent legislation, which leaves to
another body the business of the fact necessary to bring the
law into actual operation. As a result, the function
performed by the administrative agency becomes
administrative in nature.
In order to ensure that the function of the administrative
agency is not law-making power, the statute making the
delegation must:
be compete in itself – it must set forth therein the policy to
be carried out or implemented by the delegated agency,
and
fix a standard – the limits of which are sufficiently
determinate or determinable, to which the delegate must
conform in the performance of his functions.
Since rules and regulations promulgated by administrative
agencies pursuant to the valid delegating statute have the
force of law, jurisprudence tells us that their violation may
be punished as a penal offense as long as these conditions
are met:
• the violation must have been made criminal by the
delegating statute
• the penalty must be provided by the statute itself
• the regulation must be published.
Furthermore, legislative power is delegated to local
government by constitutional tradition (as defined as a
practice that has existed since time immemorial). Congress
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may, by law, grant the President powers necessary to carry
out declared national policy in times of war or other national
emergency. Congress may also, by law, subject to
limitiations that it may impose, tariff rates, import and
export quotas, tonnage and wharfage dues, and other
duties or imposts.
Other Exceptions to Non-delegability
Local governments may be allowed to legislate on purely
local matters. On the local level, the principle of separation
of powers does not apply strictly between the executive and
the law-making body. Hence, the local law-making agency
may be given executive functions. When what is given is an
executive power, the rules applicable to the empowerment
of administrative agencies also becomes applicable to the
local law-making body. There are two other exceptions
given to the President, one in times of war and national
emergency, where the President has the powers necessary
and proper to carry out a declared national policy, and
where the President is delegated to fix tariff rates, import
and export quotas, tonnage and wharfage dues, and other
duties and imposts.
Section 2. The Senate shall be composed
of twenty-four Senators who shall be
elected at large by the qualified voters of
the Philippines, as may be provided by
law.
The number of senators is pegged at twenty four because
the drafters envisioned a small Senate which was supposed
to ensure that the quality of the people elected to the
Senate remained at a high standard.
Section 3. No person shall be a Senator
unless he is a natural-born citizen of the
Philippines and, on the day of the election,
is at least thirty-five years of age, able to
read and write, a registered voter, and a
resident of the Philippines for not less
than two years immediately preceding the
day of the election.
The residence requirement is satisfied if one is domiciled in
the Philippines, even though not physically present within
the two-year period, and the age qualification must be
possessed on the day the votes are cast and not on the day
of the proclamation.
Section 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.
No Senator shall serve for more than two
consecutive terms. Voluntary renunciation
of the office for any length of time shall
not be considered as an interruption in the
continuity of his service for the full term
of which he was elected.
The term of office of Senators is six years, and unless
otherwise provided by law, commences at noon on the
thirtieth day of June next following their election. The term
2
follows that found in the 1935 Constitution. There is a two Membership
consecutive term limit. A Senator can run again three years
after the expiration of his second term. Membership of the House of Representative is fixed at 250,
BUT may be raised form time-to-time by statute following
the clause “unless otherwise fixed by law.”
Section 5. (1) The House of
Representatives shall be composed of not Raising the membership of the House may be do by
more than two hundred and fifty reapportionment
members, unless otherwise fixed by law,
who shall be elected from legislative Reapportionment results in the creation of new districts or
districts apportioned among the through the creation of new provinces. This must be done
provinces, cities, and the Metropolitan by Congress within 3 years after the return of the census in
Manila area in accordance with the order to ensure that proportional representation is
preserved.
number of their respective inhabitants,
and on the basis of a uniform and Reason— Sec 5 (3): Reapportionment merits/creates (1)
progressive ratio, and those who, as legislative body.
provided by law, shall be elected through
a party-list system of registered national, • Each province is entitled to at least one district or
regional, and sectoral parties or
organizations. • The creation of new provinces since 1 province
entitled to 1 district or
(2) The party-list representatives shall
• The creation of new cities
constitute twenty per centum of the total
number of representatives including those CASE: Tobias v. Abalos / Mariano, Jr. V. COMELEC
under the party list. For three consecutive
terms after the ratification of this San Juan & Mandaluyong being recognized as separate
Constitution, one-half of the seats legislative districts.
allocated to party-list representatives
shall be filled, as provided by law, by The incidental effect of converting a municipality of a
selection or election from the labor, congressional district into a city large enough to have its
own legislative district is the splitting of a district into two
peasant, urban poor, indigenous cultural
(2). Moreover, this incidental effect is deemed implicitly
communities, women, youth, and such
contained in the title announcing the creation of the new
other sectors as may be provided by law, city thus satisfying the requirement that the content if the
except the religious sector. bill be announced in the title.

(3) Each legislative district shall comprise, CASE: Montejo v. COMELEC

as far as practicable, contiguous, compact,
and adjacent territory. Each city with a
population of at least two hundred fifty
thousand, or each province, shall have at
least one representative.
(4) Within three years following the return
of every census, the Congress shall make
a reapportionment of legislative districts
based on the standards provided in this
section.
I. Kinds of Representatives
District representatives—elected by districts Sec 5(1)
CASE: Macias v. COMELEC
The underlying principle behind this rule of apportionment
is the concept of equality of representation, which is the
basic principle of republicanism.
Imbalances in the remaining legislative districts of the
mother provinces cannot be corrected by the COMELEC as it
has no authority to do so. Correction of the imbalance must
await the enactment of a reapportionment law.
Apportionment
Rules in dividing provinces, cities and the Metropolitan
Manila Areas
Sec 5 (1): Apportionment in accordance with their number
of inhabitants and on the basis of a uniform and progressive
ratio
Sec 5(2): “Each legislative district shall comprise, as far as
practicable, contiguous, compact and adjacent territory”
(Prohibits gerrymandering—creation of representative
districts out of separate portions of territory in orer to favor
a candidate.”
Sec 5 (3): Each city or province with a population of at least
250,000 is entitled to have at least one representative.

Party Representatives (Permanent Proportional Regime)— EXCEPTION to PROPORTIONAL REPRESENTATION RULE: A

elected by party-list system Sec 5(1)/ RA 7941
Sectoral Representative (Temporary Regime)—extinct;
lasted only for three consecutive terms after the ratification
of the Constitution. Sec 5(2)
province is always entitled to one representative no matter
what its population size.
SEC 5(4): Reapportionment of legislative districts within 3
years following the return of the census.

II. House Membership/Reapportionment/ Allows for correction of imbalances in representation due to

Apportionment the increase in population.

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CASE: Tobias v. Abalos (see notes on Reapportionment)
CASE: Sema vs. COMELEC: Only Congress can create
provinces and cities because their creation necessarily
includes the creation of legislative districts, which is a
power solely exercised by Congress.
III. Party-list System (RA 7941)
• Party-list seats= 20% of total number of
representatives including those under the party list
• 2% threshold requirement to qualify
representation
• 3-limit seat
• Additional seats in proportion to their total number
of votes.
CASE: Veterans Federation Party v. COMELEC
• Inviolable parameters of RA7941 (1) 20% allocation
(2) 2% threshold to qualify (3) 3-limit seat (4)
proportional representation.
• Questioned the constitutionality of
threshold and 3-limit seat requirement
• According to Art6 Sec 5, Congress is vested with
the broad power to define and prescribe the
mechanics of the party-list system of
representation.
• 20% prescription is merely a maximum limit to the
number of party-list representatives but the
maximum need not be filled.
2% threshold is to ensure that only parties, coalitions, and
organizations having a sufficient number of constituents
deserving for representation were actually represented in
Congress.
CASE: Ang Bagong Bayani, et. al V. COMELEC
(CONTROVERSIAL)
• SC ruled that associations are not allowed to
participate indiscriminately in the part-list system.
Participation is limited to parties or organizations
representing the “marginalized and
underprivileged.
• SC laid down guidelines for COMELEC to apply in
deciding which organizations are qualified.
• Parties and organizations must represent the
marginalized and underrepresented sector
• Political parties may join provided that they fit the
aforementioned requirement.
• Nominees must comply with the qualitative
requirement.
• SC saw the party-list system not as a proportional
system of representation designed to strengthen
demoncracy but a “sectoral representation” meant
to promote social justice, which is contrary to the
intent of the Constitutional Commissioners.
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• Consti Commisisons meant to reserve 25 seats for
the marginalized sectors for the 1st 3 terms after
the ratification of the Constitution only.
• However, SC still ruled that all 50 seats are
reserved for the marginalized sector and not just
for 3 consecutive terms but forever and that party-
list nominees “must represent marginalized and
underrepresented sectors.”--- departure form the
Constitution and RA 7941
CASE: Banat v. COMELEC
for
• Revisited the (4) inviolable parameters of RA7941,
but made special attention to mathematical
interpretation of the term “proportional
representation”
• The application of the 2% threshold in relation to
the distribution of the additional seats was strike
down because such application would not allow all
the seats for the party-list to be filled.
• It also discussed that political parties are allowed
to run under the party-list system provided that
they field sectoral candidates.
the 2%
Section 6. No person shall be a Member of
the House of Representatives unless he is
a natural-born citizen of the Philippines
and, on the day of the election, is at least
twenty-five years of age, able to read and
write, and, except the party-list
representatives, a registered voter in the
district in which he shall be elected, and a
resident thereof for a period of not less
than one year immediately preceding the
day of the election.
Requirements for District/ Party-list/ Sectoral
Representatives:
• Natural-Born Citizens
• Citizens of the Philippines from birth without
having to perform any act to acquire or perfect
their Philippine citizenship (Art 4 Sec 2)
• Those born before January 17, 1973 of Filipino
mothers who elect Philippine citizenship upon
reaching the age of majority (Art 4 Sec1 (3))
CASE: Bengzon v. Cruz: Natural born citizens who lose
their citizenship by naturalization in another country, but is
latter repatriated recovers natural-born citizen status
• At least 25 years old on the day of elections
• Able to read and write
• A registered voter in the district where he is to be
elected (except for patry-list representatives as
they do not represent a district)
• A resident thereof for a period of not less than one
year immediately preceding the day of elections.
Residence—a place of a bode, whether permanent or
temporary
4
Domicile—a permanent residence to which one, when
absent, has the intention to return.
CASE: Gallego vs. Verra
• It is the intent of the law in fixing a residence
qualification is to exclude a stranger or newcomer,
unacquainted with the conditions and needs of the
community and not identified with the latter, from
an elective office to serve the community.
• In order to acquire domicile by choice the following
must concur:
The case involves Sec. 67, Art. 9 of the Omnibus Election
Code, BP881. Rep. Dimaporo challenged the law as it
unconstitutionally shortens his term.
The court held that the statutory provision is consonant with
the constitutional edict that public officials must serve with
utmost loyalty and not trifle with the mandate which they
have received from the people.
The law did not shorten Dimaporo’s term; it merely
shortened his tenure.
CASE: Farinas et. al. Vs. Executive Secretary

• Residence or bodily presence in the new locality Superseded Dimaporo by virtue of the Fair Election Law.

• An intention to remain there indefinitely (animus National elective office does not terminate his tenure by the
manendi) mere fact of having filed for candidacy to a position
different from what he is holding.
• An interntion to abandon the old domicile
Counted from June 13th next following their election
voluntarily (animus non reverendi)

NOTE: Starting date may be changed by law.

CASE: Romualdez-Marcos v. COMELEC

Reason for the term of Representatives: To facilitate

If a person retains his domicile of origin, then the one-year
synchronization with the 6-year term of the President, Vice-
period is irrelevant because by legal fiction, wherever he
President and Senators.
may be, he is a resident of his domicile of origin.When
Ferdinand Marcos died, Imelda’s domicile reverts back to
domicile of origin. Thus, she is qualified to run in Leyte. Section 8. Unless otherwise provided by
law, the regular election of the Senators
CASE: Aquino v. COMELEC and the Members of the House of
SC viewed that wither domicile or residence would suffice
Representatives shall be held on the
provided that the one year physical presence is satisfied. second Monday of May.

CASE: Domino v. COMELEC Elections for Senators and House of Representatives shall
be held on the second Monday of May.
A bona fide intention of abandoning the former place of
residence and establishing a new one and definite acts CASE: Codilla v. De Venecia
which correspond with the purpose. There must be animus
manendi coupled with animus non reverendi. In a democracy, the first self-evident principle is that he
who has been rejected by the people cannot represent the
CASE: Social Justice Society v. Dangerous Drugs people. Also, the enforcement of the sovereign will of the
Board people is not subject to the discretion of any official of the
land.
The requirements of Sec. 6 are exclusive; Congress cannot
add anything to it. Mandatory drug testing for national Rep. Codilla clearly won the district representative position,
officials is unconstitutional. thus he is entitled to be sworn into office and his name be
registered in the Roll of Members of the House of
Representatives.
Section 7. The Members of the House of
Representatives shall be elected for a Section 9. In case of vacancy in the Senate
term of three years which shall begin,
unless otherwise provided by law, at noon or in the House of Representatives, a
on the thirtieth day of June next following special election may be called to fill such
their election. vacancy in the manner prescribed by law,
but the Senator or Member of the House
No member of the House of of Representatives thus elected shall
Representatives shall serve for more than serve only for the unexpired term.
three consecutive terms. Voluntary
renunciation of the office for any length of Filling Vacancies
time shall not be considered as an
interruption in the continuity of his Service for the unexpired terms shall be counted as one
term for the purpose of counting the number of allowable
service for the full term for which he was
successive terms.
elected.
Special elections is not mandatory and the date as to its
Term of Representatives: 3 year term execution is not prescribed under law.

CASE: Dimaporo v. Mitra Senators: Special elections for a seat could wait until the
next triennial election of Senators.

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CASE: Tolentino v. COMELEC
The case involves Teofisto Guingona’s vacant seat in Senate
when he got appointed.
COMELEC failed to give notice of the time of the special
elections, but did not negate the calling of such election.
The right and duty to hold the election emanate from the
statute and not from any call for the election by some
authority and the law thus charges voters with the
knowledge of the same time and place of the election. Thus,
the elections is still valid despite COMELEC’s failure to give
notice of the time of special election
Section 10. The salaries of Senators and
Members of the House of Representatives
shall be determined by law. No increase in
said compensation shall take effect until
after the expiration of the full term of all
the Members of the Senate and the House
of Representatives approving such
increase.
• Annual Salary as fixed by Sec. 17 Art 18, but
subject to change by law
• Members of Congress- P204,000
• Senators- P240,000
• Limitations to Salary increase and benefits
• No increase shall be take effect until after the
expiration of the full term of ALL Members of the
House and Senate approving such increase.
CASE: PHILCONSA v. Mathay
From 1935 & 1973 Constitution which placed a legal bar to
the legislators yielding to the temptation of increasing their
wages.
The retirement benefits of legislators shall be based on the
salary in effect during his term and not on the increased
salary of the subsequent term.
Allowances
No Legal limit to allowances.
Only Moral Limit—Records and books of account of
Congress shall be open to the public in accordance with the
law and that such books will be audited by the Commission
on Audit which shall itemize the expenditures of each
member.
Office and necessary travel allowances not included in the
salary.
Sec 11. A Senator or member of the house
of representatives shall, in all offenses
punishable by not more than six years
imprisonment, be privileged from arrest
while the congress is in session. No
member shall be questioned nor be held
liable in any other place for any speech or
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debate in the congress or in any
committee thereof.
1. Privilege from arrest
1. -which was found in the sec. 15 art. 8 of 1935
consti, was the same parliamentary immunity from
arrest enjoyed by the members of the parliament
of england and by members of the United States
Congress.
2. -do not include immunity from arrest arising from
an act or omission punishable by law. It covers
only immunity from civil arrests.
3. -one who has been convicted does not enjoy
immunity from arrest. e.g. a Congressman who has
been convicted of rape
2. Parliamentary freedom of speech and debate
1935- sec. 15 art. 6 - for any speech or debate in Congress,
the senators and members of the house of representatives
shall not be questioned in any other place.
purpose: to enable and encourage a representative of the
public to discharge his public trust with firmness and
success for it is indispensably ncessary that he should enjoy
the fullest liberty of speech and that he should be protected
from the resentment of every one, however powerful, to
whom the exercise of that liberty may occasion offense.
-1935 provision was a copy of the speech and debate clause
of art. 1 sec 6 of the US consti
-1987 & 1973- slight modification of the traditional
phraseology but it has preserved the traditional limit and
scope of the immunity.
1. it is a guarantee of immunity from answerability before
an outside forum but not from answerability to the
disciplinary authority of Congress itself.
2.to come under the guarantee the speech or debate must
be one made in the Congress or in any committee thereof.
Brewster v. US - senator not protected by the speech and
debate clause for solicitation and acceptance of a bribe in
return for his vote on a legislative question.
Sec 12. All members of the senate and the
house of representatives shall, upon
assumption of office, make a full
disclosure of their financial and business
interests. They shall notify the house
concerned of a potential conflict of
interest that may arise from the filing of a
proposed legislation of which they are
authors.
1. Financial and business interests
• -sets down a policy of full disclosure of the financial
and business affairs of a legislator
• -put the house on notice about any potential
conflict of interest that may arise from the filing of
a proposed legislation of which they are the
6
 authors. This enables the house to examine the
arguments he might present with a sharper eye
and in the context of his personal interest.
• -the advance disclosure would create a
presumption in favor of the legislator concerned
should he later be charged by his colleagues with
conflcit of interest.
Sec 13. No Senator or members of the
house of representatives may hold any
other office or employment in the
government, or any subdivision, agenyc,
or instrumentality thereof, including
government-owned or controlled
corporations or their subsidiaries, during
his term without forfeiting his seat.
Neither shall he be appointed to any office
which may have been created or the
emoluments thereof increased during the
term for which he was elected.
1. Disqualifications
• -the prohibited offices include membership in the
board of regents, board of trustees, board of
directors of state universities and colleges.
• since the prohibition is only during his term, a
legislator is not prevented from accepting an
appointment. However, if he chooses to accept
another office, he automatically forfeits his seat in
Congress.
• the disqualification in the second sentence,
however, applies for the duration of the six year
term even if he resigns from Congress before the
end of his term.
1935 & 1973: 2 conditions must concur:
1. the office must be civil
2. such office must have been created or its
emoluments increased while he was a member of
the legislature
1987: the office need not be a civil one, it could be a
military office.
Sec 14. No Seantor or member of the
house of representatives may personally
appear as counsel before any court of
justice or before the electoral tribunal, or
quasi-judicial and other administrative
bodies. Neither shall he, directly or
indirectly, be interested financially in any
contract with, or in any franchise or
special privilege granted by the
government, or any subdivision, agency,
or instrumentality thereof, including any
government-owned or controlled
corporation, or its subsidiary, during his
term of office. He shall not intervene in
any matter before any office of the
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government for his pecuniary benefit or
where he may be called upon to act on
account of his office.
1. Prohibitions; lawyer legislators
• -intended to prevent members of Congress from
taking advantage, pecuniary or otherwise, of their
position in their dealings with the courts, or in their
business operations, or in their dealings with any
government agency or corporation.
• -a lawyer-legislator may not personally appear as
counsel before any court of justice. This prohibition
cannot be circumvented under the guise of
appearing "in intervention" in one's behalf.
• from the conclusion of the SC (Puyat v. De
Guzman) one may infer that a legislator may
appear in person if in fact he is a genuine party in
the case.
2. Prohibitions: conflict of interests.
• -legislators are also prohibited from being "directly
or indirectly interested financially in any contract
with, or in any franchise or special privilege
granted by the government, or any subdivision,
agency or instrumentality thereof, including any
government-owned or controlled corporation, or its
subsidiary, during his term of office".
• they cannot be members of the board of
corporations with contract with government. such
would be at least indirect financial interest.
• -legislator cannot intervene in any matter before
any office of the government for his pecuniary
benefit or where he may be called upon to act on
account of his office. the prohibited pecuniary
benefit could be direct or indirect and thus would
cover pecuniary benefit for relatives.
Sec 15. The Congress shall convene once
every year on the fourth Monday of July
for its regular session, unless a different
date is fixed by law, and shall continue to
be in session for such number of days as it
may determine until thirty days before the
opening of its next regular session,
exclusive of Saturdays, Sundays, and legal
holidays. The president may call a special
session at any time.
1. Sessions of Congress
1935: lasts only for 100 days ; special session: limited to
thirty days
1973, sec 15: may last for as long as Congress wishes but
only until thirty days before the opening of its next regular
session, exclusive of Saturdays, Sundays, and legal
holidays. Howevery, the president may call congress to a
special session at anytime; special session: no fixed limit.
can last as long as the congress wants
7
May the president limit the subjects which may be rules to determine the legality of the acts of Senate.
considered during a special session called by him? (involved internal matters).

1935: the president could - sec 9 art. 6 said that pres. could 2. A quorum to do business
call a special session to consider general legislation or only
such subjects as he may designate. US house of rep: sec 16 only members voting on a
proposition were counted for the purposes of determining
1987: "The president may call a special session at any the quorum
time." The language is not exclusive. The pres. is given the
power to call a session and to specify subjects he wants 1890: speacker Reed ruled that all members present,
considered, but it does not empower him to prohibit whether voting or not, should be counted. This ruling
consideration of other subjects. became Rule XV of the house and the U.S. supreme court
upheld the rule saying that,since the consti did not
prescribe the method for determining the presence of a
Section 16. (1) The Senate shall elect its majority, the house was competent to prescribe any method
President and the House of which shall be reasonably certain to ascertain the fact.
Representatives its Speaker, by a majority
vote of all its respective Members. - the base for computing the majority of the legislative body
for the purpose of determining the existence of a quorum
Each House shall choose such other should normally be the total membership of the body. In
Avelino v. Cuenco, the base used was 23, when the total
officers as it may deem necessary.
number of senate was 24. this was because the 24th
senator was abroad.
(2) A majority of each House shall
constitute a quorum to do business, but a 3. Internal rules and discipline
smaller number may adjourn from day to
day and may compel the attendance of inherent in legislative body: power of internal regulation
absent Members in such manner, and and discipline
under such penalties, as such House may
• 1935, Art 6 sec 10 : each house may determine the
provide.
rules of its proceedings, punish its members for
disorderly behavior, and, with the consent of 2/3 of
(3) Each House may determine the rules of all its Members, expel a member.
its proceedings, punish its Members for
disorderly behavior, and, with the • 1973: modified the above rules by prescribing a
concurrence of two-thirds of all its number of votes needed to impose a suspension
Members, suspend or expel a Member. A and by limiting suspension to sixty days
penalty of suspension, when imposed,
• 1987: follows 1973
shall not exceed sixty days.
-on matters affecting only internal operation of the
(4) Each House shall keep a Journal of its legislature, the legislature's formulation and
proceedings, and from time to time implementation of its rules is beyond the reach of the
publish the same, excepting such parts as courts. When, however, the legislative rule affects private
may, in its judgment, affect national rights, the courts cannot altogether be excluded (US v.
security; and the yeas and nays on any Smith)
question shall, at the request of one-fifth
of the Members present, be entered in the
Journal. 4. Journals, Record: publicity and probative value;
"enrolled bill" rule.
Each House shall also keep a Record of its
proceedings. -the duty to keep a journal has a dual purpose:

(1) to insure publicity to the proceedings of the

(5) Neither House during the sessions of legislature, and a correspondent responsibility of
the Congress shall, without the consent of the members of their respective constituents
the other, adjourn for more than three
days, nor to any other place than that in (2) to provide proof of what actually transpired in the
which the two Houses shall be sitting. legislature.

1935: congress could impose secrecy at its discretion

1. Officers of Congress

1973 & 1987: exempt from publication only such matters as

-the only officers prescribed by the consti are the president
may, in each House's judgment, affect national security.
of teh senate and the speaker of the house of
representatives
-what gives conclusive weight to journal, when balanced
side by side with extraneous evidence, is the fact that it is
-each house, however, may decide to have other officers to
an official act of legislature.
be chosen within the control of each house

enrolled billed doctrine- the signing of a bill by the Speaker

SC refused to intervene in Santiago v. Guingona because of
of the House and the President of the Senate and the
absense of constitutional or statutory guidelines or specific
certification by the secretaries of both Houses of Congress

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that such bill was passed are conclusive of its due passes to the Electoral Tribunal of either the House or the
enactment (Arroyo v. De Venecia) Senate.

5. Recess 3. Independence of the Electoral Tribunals

-both Houses may hold session practically all year round. • -although six members of the electoral tribunals
are members of Congress, the tribunals
- go on compulsory recess thirty days before the opening of themselves are not part of either House of
the next regular session Congress.

-each house may also adjourn for a voluntary recess but • they are independent constitutional creations
neither may adjourn, without the consent of the other for which have power to create their own rules and are
more than 3 days nor to any place than that in which the 2 not under the supervision or control of Congress.
house shall be sitting.
• -electoral are independent of the COMELEC hence
Sec 17. The Senate and the house of governed by the tribunal's own rules but they have
representatives shall each have an not jurisdiction over pre-proclamation
controversies which come under the jurisdiction of
electoral tribunal which shall be the sole
the COMELEC
judge of all contests relating to the
election, returns, and qualifications of • -ET decisions are not subject to appeal to the SC.
their respective members. Each electoral However, SC is not totally excluded. Under Art 8
sec 1, judicial power includes the authority to
tribunal shall be composed of nine
determine whether or not there has been a grave
members, three of whom shall be justices abuse of discretion amounting to lack or excess of
of the Supreme Court to be designated by jurisdiction on the part of any branch or
the Chief Justice, and the remaining six instrumentality of the government.
shall be members of the Senate or the
Section 18. There shall be a Commission
house of representatives, as the case may
on Appointments consisting of the
be, who shall be chosen on the basis of
President of the Senate, as ex officio
proportional representation from the
Chairman, twelve Senators, and twelve
political parties and the parties or
Members of the House of Representatives,
organizations registered under the party-
elected by each House on the basis of
list system represented therein. The
proportional representation from the
senior justice in the electoral tribunal
political parties or organizations
shall be its Chairman.
registered under the party-list system
1. Composition represented therein. The Chairman of the
Commission shall not vote, except in case
-mixture of members of Congress and of the Supreme Court
of a tie. The Commission shall act on all
2. Jurisdiction of the Electoral Tribunals. appointments submitted to it within thirty
session days of the Congress from their
-original provision in sec 7 par. 5 of the Act of the United
submission. The Commission shall rule by
States Congress of July 1, 1902 - "the assembly shall be the
judge of the elections, returns, and qualifications of its a majority vote of all the Members.
members.
Composition
-the provision was taken from sec 5 Art 1 of the consti of US
providing that "each house shall be the judge of the - The Senate President – ex-officio
chairman
elections, returns, and qualifications of its own members."
- 12 Senators^
-the Act of the US Congress of Aug 29, 1916 sec 18 par. 1,
modified the provision to read : "that senate and house of - 12 Members of the House of the
rep, respectively, shall be the SOLE judges of the elections, Representatives^
returns and qualifications of their elective members." This
exclusive grant of jurisdiction at once effectively barred ^elected by each house on the basis of proportional
either House from interference with the judgment of the representation from the political parties and parties and
other House and also completely removed the subject organizations registered under the party list system therein
matter from the jurisdiction of the courts in language that
was full, clear, and complete. Cases:

Coseteng vs. Mitra, Jr.

-under the 1987 consti, COMELEC decides who the winner is Coseteng- only member of KAIBA political party
in the election.
ISSUE: Can she be entitled to one of the 12 seats?
-in election contest, the jurisdiction of the COMELEC ends
once a candidate has been proclaimed and has taken his HELD: No
oath of office as a Member of Congress. Jurisdiction then

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RATIO: HOR-202 members, 1 seat for CA must have 16.8 such powers and functions as are herein
members in the HOR or 8.4% of the total membership.
conferred upon it.
KAIBA was short of required number even if she had the
support if members not belonging to her party.
• Shall be constituted within 30 days after the
Senate and HOR shall have been organized with
Guingona, Jr. Vs. Gonzales
the election of the President and the Speaker.
• Senatorial elections of 1992 yielded 15
LDP senators, 5 NPC, 3 LAKAS, 1 LP-PDP- • Commission on Appointments
Laban
• -may meet only while the congress is in session, at
• Proportional Representation: 7.5 LDP, 2.5 the call of its chairman or a majority of its
NPC, 1.5 LAKAS, .5 LP-PDP-Laban
Members
• The Senate rounded up LDP and LP PDP
Laban while NPC and LAKAS were not Consent to or confirm the nominations pursuant to Section
rounded up. 16, Article 7

ISSUE: Is this constitutional? Section 20. The records and books of

HELD: No
RATIO: Deprived the other parties of their representation
(NPC and LAKAS). 11 members only during that time. 12 is
nor mandatory.
Daza vs. Singson
The composition is proportional to the size of the political
parties and organizations in the congress, periodic
reorganization may be necessary in order to reflect changes
in the proportion within congress. It is understood that
these changes in party affiliation are permanent and not
merely temporary.
Nature
• Legislative check on the appointing authority of the
president
• Independent of congress – Cunanan vs. Tan
• Powers emanate directly from the Constitution
• Functions are purely executive in Nature
• Can promulgate its own rules
• Supreme court cannot pass upon the correctness of the
interpretation placed by the Commission of its own
rules
• Shall act on all appointments submitted it within 30
session days of the congress from the submission
• Ad interim appointments not acted upon are deemed
passed under Sec 16, Art 7.
accounts of the Congress shall be
preserved and be open to the public in
accordance with law, and such books shall
be audited by the Commission on Audit
which shall publish annually an itemized
list of amounts paid to and expenses
incurred for each Member.
• Open to the public in accordance with the
law
• Audited by the Commission on Audit
• COA- published an annually itemized list
of amounts paid and expenses incurred by
each member
Section 21. The Senate or the House of
Representatives or any of its respective
committees may conduct inquiries in aid
of legislation in accordance with its duly
published rules of procedure. The rights of
persons appearing in or affected by such
inquiries shall be respected.
Power of inquiry—with process to enforce it—is an essential
and appropriate auxiliary to the legislative function. A
legislative body cannot legislate wisely or effectively in the
absence of information respecting the conditions which the
legislation is intended to affect of change. (Aurnault vs.
Nazareno)
Limitations of Legislative Investigation
• It must be in aid of legislation

Section 19. The Electoral Tribunals and • In accordance with the duly published rules of
the Commission on Appointments shall be procedure
constituted within thirty days after the
• The rights of the person appearing in or affected
Senate and the House of Representatives by such inquiries shall be respected
shall have been organized with the
election of the President and the Speaker. • Bill of rights
The Commission on Appointments shall
• Right against self-incrimination
meet only while the Congress is in
session, at the call of its Chairman or a • Unreasonable searches and seizures
majority of all its Members, to discharge
• Right to demand

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 • No person shall be punished for contumacy as a
witness unless his testimony is required in a matter
into which legislature or any of its committees has
jurisdiction to inquire.
• Not necessary that every question must
material to a proposed legislation
• Materiality of the question is determined if
germane to subject of inquiry and not by its
indirect relation to any proposed or possible
legislation
• Investigations can also be conducted by Congress
Committees
• Punishment ceases when House of Representatives
reaches final adjournment.
• This power may be looked into by the Supreme
Court by virtue of Sec 1, Article 8.
CASES:
Bengzon Jr. vs. Senate Blue Ribbon Committee
• Not in aid of legislation
• Speech of Senator Enrile contained no suggestion
of contemplated legislation but merely pointed out
whether the relatives of President Aquino,
particularly Mr. Ricardo Lopa, violated the law.
• Petitioners had been charged in Sandiganbayan for
the same transaction, appearance might prejudice
their case
Osmena Jr. vs. Pendatun
• Congress has suspended the operation of a House
rule which could have protected Congressman
Osmena
• Parliamentary rules may be waived or disregarded
by the legislative body—when private rights are
not affected
Section 22. The heads of departments may
upon their own initiative, with the consent
of the President, or upon the request of
either House, as the rules of each House
shall provide, appear before and be heard
by such House on any matter pertaining to
their departments. Written questions shall
be submitted to the President of the
Senate or the Speaker of the House of
Representatives at least three days before
their scheduled appearance.
Interpellations shall not be limited to
written questions, but may cover matters
related thereto. When the security of the
State or the public interest so requires
and the President so states in writing, the
appearance shall be conducted in
executive session.
Constitutional Law I: Block E 2015 Reviewer | Article VI: Legislative Department | KSantos. 
• Oversight functions of congress. Intended to
enable congress to determine how laws it has
passed are being implemented.
• Enable the department heads to be heard by the
be legislature and thereby achieve cooperation
between the executive and legislative departments
• Appearance of department heads is not mandatory
but directory. Own initiative or upon the request of
the house. It will be done as the rules of each
house prescribe.
• President may or may not consent the appearance
of the department head. He may require the
appearance be in executive session.
• Congress may refuse the initiative taken by the
department secretary.
Section 23. (1) The Congress, by a vote of
two-thirds of both Houses in joint session
assembled, voting separately, shall have
the sole power to declare the existence of
a state of war.
(2) In times of war or other national
emergency, the Congress may, by law,
authorize 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 the Congress,
such powers shall cease upon the next
adjournment thereof.
• Congress has the sole power to declare the existence of
a state of war – renouncing aggressive war Section 2,
Article 2. By a vote of 2/3 of both houses in joint
session assembled, voting separately.
• Does not prohibit the waging of defensive war even in
the absence of a declaration of war or a declaration of
the existence of a state of war
• Actual power to make war is an executive power-sword
of war
• Congress may authorize the President to exercise
powers necessary and proper to carry out a declared
national policy.
Limits of the emergency powers
• For a limited period
• Withdrawn by a resolution – does not need
approval of the president
o Or, next adjournment of congress
o Subject to restrictions as congress may
provide
Section 24. All appropriation, revenue or
tariff bills, bills authorizing increase of
public debt, bills of local application, and
11
private bills shall originate exclusively in
the House of Representatives, but the
Senate may propose or concur with
amendments.
• Bills that originates from the HOR:
• Appropriation Bill –to set aside a sum of money
public use
• Revenue or Tariff Bills –for raising revenues
• Bills of local application –reach is limited to specific
localities, such as creation of a town
• Private bill –affect a private person, such as
granting citizenship to a foreigner
• Presumed that district representatives are closer to
the pulse of the people than senators are and are
therefore better in the position to determine both
the extent of the legal burden they are capable of
bearing and the benefits that they need.
Tolentino vs. Secretary of Finance
• -involves RA 7716 or the Value Added Tax Law
• -After the House version was sent to the Senate,
the Senate introduced a substitute bill which
apparently it had prepared in anticipation of the
House bill. Later the President certified to the
urgency of passing the Senate version of the bill.
After the 2 versions had gone to the Conference
Committee, the House approved the Conference
Committee report which for all practical purposes
was the senate bill.
ISSUE: was there a violation of the rule on origination?
HELD: No.
RATIO: Bill must originate from the House; but the law itself
which is the product of the total bicameral legislative
process originates not just from the House but from both
Senate and House.
Section 25. (1) The Congress may not
increase the appropriations recommended
by the President for the operation of the
Government as specified in the budget.
The form, content, and manner of
preparation of the budget shall be
prescribed by law.
(2) No provision or enactment shall be
embraced in the general appropriations
bill unless it relates specifically to some
particular appropriation therein. Any such
provision or enactment shall be limited in
its operation to the appropriation to which
it relates.
(3) The procedure in approving
appropriations for the Congress shall
strictly follow the procedure for approving
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appropriations for other departments and
agencies.
(4) A special appropriations bill shall
specify the purpose for which it is
intended, and shall be supported by funds
actually available as certified by the
National Treasurer, or to be raised by a
corresponding revenue proposed therein.
(5) No law shall be passed authorizing any
transfer of appropriations; however, the
President, the President of the Senate,
the Speaker of the House of
Representatives, the Chief Justice of the
Supreme Court, and the heads of
Constitutional Commissions may, by law,
be authorized to augment any item in the
general appropriations law for their
respective offices from savings in other
items of their respective appropriations.
(6) Discretionary funds appropriated for
particular officials shall be disbursed only
for public purposes to be supported by
appropriate vouchers and subject to such
guidelines as may be prescribed by law.
(7) If, by the end of any fiscal year, the
Congress shall have failed to pass the
general appropriations bill for the ensuing
fiscal year, the general appropriations law
for the preceding fiscal year shall be
deemed reenacted and shall remain in
force and effect until the general
appropriations bill is passed by the
Congress.
No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law is a limit not on
the power of Congress but on the disbursing authority of the
executive department
Limitations:
Sec 24
– shall originate from HOR but the Senate may propose or
concur with amendments
Sec 25
• The Congress may not increase appropriations
recommended by the President for the operation of
the Government as specified in the budget
• the congress may not clutter the general
appropriations law with provisions not specifically
related to some particular item of appropriation,
and every such provision shall be limited in its
operation to the appropriation item to which it
relates
Garcia vs. Mata
• provision on the reversion of reserved officers into
active duty which was inserted in the Appropriation
Act of 1956-1957 was found to be unrelated to any
12
 provision in the appropriation bill and therefore
unconstitutional
• concept of riders
• may not adopt a procedure for approving
appropriations for itself different from the
procedure for other appropriations
• special appropriation bills must specify the purpose
for which they are intended and must be supported
by funds certified as available by the National
Treasurer. If funds are not actually available, a
corresponding revenue proposal must be provided.
• limited discretion to authorize transfer of funds
• -President, Senate President, Speaker, Chief Justice
may be authorize to augment any item in the
general appropriations law for their respective
offices from the savings in other items of their
respective appropriations
Demetria vs. Alba
• -PD 1177
• -empowered the president to indiscriminately
transfer funds without regard as to whether or not
the funds to be transferred are actually savings in
the item from which they are to be taken
• -law is unconstitutional
• -corrected by RA 6670
• discretionary funds are appropriated for particular
officials shall be disbursed only for public purposes
to be supported by appropriate vouchers and
subject to such guidelines as may be provided by
law
Pascual vs. Secretary of Public Works
• appropriation of money to construct feeder roads
• to be constructed on private property;
appropriation set on private purpose
• cannot cripple the operation of government by its
failure or refusal to pass a General Appropriations
Bill; automatic re-enactment of the GAB of the
preceding year
• Sec 29
• Prohibits the expenditure of public money for
religious purposes
• Sec 22 of Article 7
• General Appropriations law must be based on the
budget prepared by the President
Section 26. (1) Every bill passed by the
Congress shall embrace only one subject
which shall be expressed in the title
thereof.
Constitutional Law I: Block E 2015 Reviewer | Article VI: Legislative Department | KSantos. 
(2) No bill passed by either House shall
become a law unless it has passed three
readings on separate days, and printed
copies thereof in its final form have been
distributed to its Members three days
before its passage, except when the
President certifies to the necessity of its
immediate enactment to meet a public
calamity or emergency. Upon the last
reading of a bill, no amendment thereto
shall be allowed, and the vote thereon
shall be taken immediately thereafter, and
the yeas and nays entered in the Journal.
• Every bill shall embrace only one subject which
shall be expressed in the title thereof is mandatory
and not directory. Compliance with it is essential to
the validity of the legislation.
• It should not cripple or impede proper legislation.
• Giving the constitutional requirement a liberal
interpretation (Sumulong vs. Comelec)
• Sufficient compliance: Title expresses the general
subject and all the provisions of the statute are
germane to that general subject. Nature, scope
and consequences of the proposed laws and its
operation.
See the following cases:
• Cordero vs. Cabatuando
• Alalayan vs. National Power Corporation
• Tio vs. Videogram Regulatory Board
• Philippine Judges Association v. Prado
• Tobias vs. Abalos
• Philconsa vs. Gimenez
• Garcia vs. Mata
• Tan v. Del Rosario, Jr.
• Lidasan vs. COMELEC – was not sufficient to cover the
barrios outside of Lanao del Norte
Why?
• To prevent hodge podge or log-rolling legislation
• To prevent surprise or fraud upon the legislature by
means of provisions in bills of which the titles gave no
information and which might therefore be overlooked
and carelessly and unintentionally adopted
• To fairly appraise the people through such publication
of legislative proceedings made
PASSAGE OF THE BILL
• 3 readings on 3 separate days. Printed copies of
the bill in its final form should be distributed 3 days
before its passage except when the President
certifies to the necessity of its immediate
enactment.
13
 • The certification by the president is to dispense
from the requirement that the readings be on
separate days and that the bill be printed in its
final form and distributed there days before third
reading (Tolentino vs. Secretary of Finance)
Section 27. (1) Every bill passed by the
Congress shall, before it becomes a law,
be presented to the President. If he
approves the same, he shall sign it;
otherwise, he shall veto it and return the
same with his objections to the House
where it originated, which shall enter the
objections at large in its Journal and
proceed to reconsider it. If, after such
reconsideration, two-thirds of all the
Members of such House shall agree to
pass the bill, it shall be sent, together
with the objections, to the other House by
which it shall likewise be reconsidered,
and if approved by two-thirds of all the
Members of that House, it shall become a
law. In all such cases, the votes of each
House shall be determined by yeas or
nays, and the names of the Members
voting for or against shall be entered in its
Journal. The President shall communicate
his veto of any bill to the House where it
originated within thirty days after the
date of receipt thereof; otherwise, it shall
become a law as if he had signed it.
(2) The President shall have the power to
veto any particular item or items in an
appropriation, revenue, or tariff bill, but
the veto shall not affect the item or items
to which he does not object.
Section 27. (1) Every bill passed by the Congress shall,
before it becomes a law, be presented to the President.
• If he approves the same, he shall sign it; otherwise, he
shall veto it and return the same with his objections to
the House where it originated, which shall enter the
objections at large in its Journal and proceed to
reconsider it.
• If, after such reconsideration, two-thirds of all the
Members of such House shall agree to pass the bill, it
shall be sent, together with the objections, to the other
House by which it shall likewise be reconsidered, and if
approved by two-thirds of all the Members of that
House, it shall become a law.
• In all such cases, the votes of each House shall be
determined by yeas or nays, and the names of the
Members voting for or against shall be entered in its
Journal. The President shall communicate his veto of
any bill to the House where it originated within thirty
days after the date of receipt thereof; otherwise, it shall
become a law as if he had signed it.
(2) The President shall have the power to veto any
particular item or items in an appropriation, revenue, or
tariff bill, but the veto shall not affect the item or items to
which he does not object.
Passage of Bills
Constitutional Law I: Block E 2015 Reviewer | Article VI: Legislative Department | KSantos. 
- 2 steps for a bill to become a law.
• It must be approved by Congress. The legislative
action requires of Congress is a positive act-so not
enactment of law by legislative inaction (Miller v.
Mardo)
• It must be approved by the President. Approval by
the President may be by positive act/ inaction. If
the Pres. doesnt act on the bill within 30 days after
the receipt of the bill, the bill automatically
becomes law.
• final approval of a bill doesn’t make it immediately
effective.
• Laws only become effective after adequate
publication. (Tanada v. Tuvera)
• Conference Committees
• bicameral system bills are
independently processed by both House
of Congress.
• It is not unusual that the final
version approved by 1 House differs from
what has been approved by the other.
• Conference committee =
consists of members nominated from both
Houses.
• It is an extra-constitutional creation of the
Congress whose function is to propose to Congress
ways of reconciling conflicting provisions found in the
Senate version and in the House version of a bill.
• performs a necessary function in a bicameral
system, BUT should NOT perform functions that
Congress itself may not do.
• their proposals need the confirmation by both
Houses.
• Extent of its power = (Tolentino
v. Sec of Finance) The Court had the
opportunity to delve into what conference
committees may do. The petitioners
contended that the consolidation of the
House and Senate bills made by the
conference committee contained
provisions which neither the Senate
bill/House bill had.
The Court’s answer: In the US, conference committees could
be held in executive sessions and amendments germane to
the purpose of the bill be introduced even if these weren’t
in the original bill. BUT the court didn’t bother to check
whether perhaps the US practice was based on a
constitutional context different from ours.
Petitioners also contended that the changes were made in a
secret meeting of the conference committee. Justice
Mendoza replied: nothing unusual to this. Often the only
way to reach agreement on conflicting provisions is to meet
behind close doors, with only the conferees present.
The Court papered everything under the enrolled bill rule
Note: the Consti commands the state to adopt and carry out
a policy of full public disclosure of all its transactions
14
involving public interest. Bill of Rights guarantees the right
of all citizens to info on matters of public concern.
Veto Power and Item-veto
• Bill vetoed by the Pres. may still become a law=
2/3 of all members of such House shall agree to
pass the bill. + approval of the other House by
vote of 2/3 of all its members.
• Their yeas/ nays will be recorded in its Journal.
• General rule: Pres can only veto entire bill, not
allowed to veto separate items.
• Exception: appropriation, revenue and tariff bills-
he can item-veto.
• Appropriation bill= purpose is to set apart a certain
amt from the public revenue for a specific purpose.
• Revenue bill= intended to levy taxes.
• Tariff bill= imposes duties/ imposts whether for
revenue/ regulation.
Note: (Bengzon v. Drilon) invalidated President’s
veto. The case involved the Gen. Appropriation Act of 1992.
The law appropriated 500M php for “general fund
adjustment for operational and special requirements as
indicated hereunder”. President vetoed the use of the fund
for the adjustment of the pension of justices. Court said that
it wasn’t a veto of an item, since the item was the whole
500M, what the Pres. Vetoed was the method of meeting
unavoidable obligations or the manner of using the 500M.
• Essence of item-veto: President may veto distinct
and severable parts.
• (Phil Constitution Assoc. v. Enriquez) The court
invalidated the veto of a restriction on the use of
funds for road maintenance and purchase of
medicine since the veto didn’t include a veto of the
appropriated funds themselves.
• Invalid veto has no effect. It is as if the President
didn’t act on the bill at all. The bill becomes a law
by executive inaction (Bolinao Electronics v.
Valencia)
• New doctrine of “inappropriate provisions”
• (Gonzales v. Macaraig, Jr.) doctrine says that a
provision that is constitutionally inappropriate for
an appropriation bill may be singled out for veto
even if it is not an appropriation or revenue item.
President may veto riders. In this case, President
was allowed to veto an attempt by indirection to
amend the Presidential decree authorizing
automatic appropriation of funds for servicing
foreign debts.
• (Phil Consti Assoc v. Enriquez) Court reiterated that
the President possesses the power to veto a
provision in an appropriation bill even if it is not an
item but is a rider.
• Intent behind the doctrine- from (Henry v.
Edwards) to prevent the legislature from forcing
the President to veto the entire appropriation law
thereby paralyzing the gov. But the our Consti’s
Constitutional Law I: Block E 2015 Reviewer | Article VI: Legislative Department | KSantos. 
answer to that is Art 6, sec 25(7). This doctrine by
the court is an alternative preventive measure.
Executive impoundment
• another way exercise executive veto.
• Impundment = refusal of the President to spend
funds already allocated by Congress for a specific
purpose.
• No provision in the Consti for the subject.
• (Phil. Consti. Assoc. v. Enriquez) the amount
appropriated by Congress for compensation and
separation benefits of CAFGU’s members had a
provision attached “ it shall be used for the
compensation of CAFGU including the payment of
their separation benefit not exceeding 1 year
subsistence allowance for the 11, 000 members to
be deactivated on 1994” President didn’t veto the
provision but said in his veto message that the
implementation of the provision is subject to his
prior approval. Challengers of the veto contended
that the provision already required for the
deactivation of the members such that the
President had no choice but to implement it.
President justified his impoundment on the basis of
his duty as Commander-in-Chief to desist from
implementing a law which would prejudice public
interest.
Court refrained from passing judgment on the
constitutionality of impoundment. It just said that the
provision should be in a separate bill.
Requirement of the “yeas and nay” of the Members:
(Arroyo v. De Venecia)
• upon the last and 3rd reading of a bill
• request of 1/5 of the members present
• in repassing a bill over the veto of the President.
Section 28. (1) The rule of taxation shall
be uniform and equitable. The Congress
shall evolve a progressive system of
taxation.
(2) The Congress may, by law, authorize
the President to fix within specified limits,
and subject to such limitations and
restrictions as it may impose, tariff rates,
import and export quotas, tonnage and
wharfage dues, and other duties or
imposts within the framework of the
national development program of the
Government.
(3) Charitable institutions, churches and
parsonages or convents appurtenant
thereto, mosques, non-profit cemeteries,
and all lands, buildings, and
improvements, actually, directly, and
exclusively used for religious, charitable,
or educational purposes shall be exempt
from taxation.
15
(4) No law granting any tax exemption Section 30. No law shall be passed
shall be passed without the concurrence increasing the appellate jurisdiction of the
of a majority of all the Members of the Supreme Court as provided in this
Congress.
Constitution without its advice and
concurrence.
Power of taxation: Scope and Purpose

Purpose of the power to tax: Section 31. No law granting a title of

royalty or nobility shall be enacted.
1. raise revenue
Section 32. The Congress shall, as early as
2. instrument of national and economic and social policy
possible, provide for a system of initiative
3. used as an instrument for the extermination of and referendum, and the exceptions
undesirable activities and enterprises. It involves the therefrom, whereby the people can
power to destroy
directly propose and enact laws or
4. tool for regulation approve or reject any act or law or part
thereof passed by the Congress or local
5. power to keep alive. The foundation for the imposition legislative body after the registration of a
of tariffs deisgned for the encouragement and
petition therefor signed by at least ten per
protection of locally produced goods against
competition of imports (Hampton and Co. v. US) centum of the total number of registered
voters, of which every legislative district
General limit: must be represented by at least three per
• exists for the general welfare
centum of the registered voters thereof.

• limitation: exercised only for a public purpose

• an attribute of sovereignty

• strongest of all of the powers of the gov.

• adversely affecting as it does property rights, both due

process and equal protection clauses of the Consti may
properly be invoked to invalidate in appropriate cases a
revenue measure

Section 29. (1) No money shall be paid out

of the Treasury except in pursuance of an
appropriation made by law.

(2) No public money or property shall be

appropriated, applied, paid, or employed,
directly or indirectly, for the use, benefit,
or support of any sect, church,
denomination, sectarian institution, or
system of religion, or of any priest,
preacher, minister, or other religious
teacher, or dignitary as such, except when
such priest, preacher, minister, or
dignitary is assigned to the armed forces,
or to any penal institution, or government
orphanage or leprosarium.

(3) All money collected on any tax levied

for a special purpose shall be treated as a
special fund and paid out for such purpose
only. If the purpose for which a special
fund was created has been fulfilled or
abandoned, the balance, if any, shall be
transferred to the general funds of the
Government.

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