1. Procedural limitations on the manner of passing laws. E.g. generally a bill must
go through three readings on three separate days.
Sec. 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
Note:
limited only by the Constitution, any attempt to limit the powers of future
Constitution
3. Constituent The power to amend or revise the Constitution
4. Ordinary The power to pass ordinary laws
Note:
1. Congress, as a general rule, cannot delegate its legislative power. Since the people
have already delegated legislative power to Congress, the latter cannot delegate it
any further.
EXCEPTIONS:
The original legislative power of the people is exercised via initiative and
referendum. In this manner, people can directly propose and enact laws, or approve or
2. Instances when the Constitution itself allows for such delegation [see Art. VI Sec.
23(2)]
2. Voluntary renunciation of office for any length of time shall not be considered as
actual operation.
Sections 2-4. SENATE
Composition
24 senators who shall be elected at large by the qualified voters of the Philippines, as
may be provided by law.
Qualifications
1. Natural-born citizen;
2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter; and
5. Philippine resident for at least 2 years immediately preceding the day of the
an interruption in the continuity of his service for the full term for which he was
elected.
Sections 5-7. HOUSE OF REPRESENTATIVES
Composition:
1. Not more than 25 members, unless otherwise fixed by law; and
2. Party-list Representative
Election of 250 members
1. They shall be elected from legislative districts apportioned among the provinces,
cities and the Metropolitan Manila area.
2. Legislative districts are apportioned in accordance with the number of
inhabitants of each area and on the basis of a uniform and progressive ratio.
election.
Note: The qualifications of both Senators and Members of the House are limited to
those provided by the Constitution. Congress cannot, by law, add or subtract from
these qualifications.
Term of Office:
6 years, commencing (unless otherwise provided by law) at noon, 30 June next
following their election.
Term Limitations:
1. Definition
1. Terms means the period during which the elected officer is legally authorized to
assume his office and exercise the powers thereof.
2. Tenure is the actual period during which such officer actually holds his position.
1. Limitation/Possible Reduction
5. A resident of such district for at least one year immediately preceding the day of
the election.
Term of Office
1. Each member of the House shall be elected for a term of three (3) years which
shall commence (unless otherwise provided for by law) at noon on 30 June next
following their election.
2. Voluntary renunciation of office for any length of time shall not be considered as
an interruption in the continuity of his service for the full term for which he was
elected.
Term Limitations
No member of the House of Representatives shall serve for more than three (3)
consecutive terms.
Distinctions between Term and Tenure
Vice-President) is valid, as it only affects the officers tenure and NOT his
constitutional term.
Party-List Representatives
1. Constitute 20% of the total number of representatives, including those under the
party-list system (thus a maximum of 50 party-list members of the House)
1. However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95
and 95-98 terms), 25 seats shall be allotted to sectoral representatives. Under
Art. XVIII, Sec. 7, the sectoral representatives are to be appointed by the President
until legislation otherwise provides.
1. Mechanics of the party-list system:
1. Registered organizations submit a list of candidates in order of priority.
2. During the elections, these organizations are voted for at large.
3. The number of seats that each organization gets out of the 20% allotted to
the system depends on the number of votes they get.
1. Qualifications
offenses.
special election may be called to fill such vacancy in the manner prescribed by
law, but the Senator or Member of the House of Representatives thus elected shall
serve only for the unexpired term.
respective Congressional body for any debate or speech in the Congress or in any
Committee thereof.
Determination of Salaries:
Salaries of Senators and Members of the House of Representatives shall be determined
by law.
Rule on increase in salaries:
No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL
TERM (NOT TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE HOUSE OF
REPRESENTATIVES APPROVING SUCH INCREASE.
Protection is only against forum other than Congress itself. Thus for
members of Congress. This includes speeches delivered, statements made, votes cast,
Note: Since the Constitution provides for rules on salaries and not on emoluments,
as well as bills introduced, and other activities done in performance of their official
our distinguished legislators can appropriate for themselves other sums of money such
duties.
(iii)
forms part of legislative action, i.e. part of the deliberative and communicative process
used to participate in legislative proceedings in consideration of proposed legislation or
2.) Continues in session for as long as it sees fit, until 30 days before the opening of the
next regular session, excluding Saturdays, Sundays, and legal holidays.
Special Sessions:
WHEN APPLICABLE
During his term. If he does so, he forfeits
his seat.
2. A smaller number may adjourn from day to day and may compel the attendance
of absent members.
3. In computing a quorum, members who are outside the country and thus outside
of each Houses coercive jurisdiction are not included.
Internal Rules:
1. Each House shall determine its own procedural rules.
2. Since this is a power vested in Congress as part of its inherent powers, under the
principle of separation of powers, the courts cannot intervene in the
implementation of these rules insofar as they affect the members of Congress.
3. Also, since Congress has the power to make these rules, it also has the power to
ignore them when circumstances so require.
Discipline:
1.) Suspension
1. Concurrence of 2/3 of ALL its members and
2. Shall not exceed 60 days.
2.) Expulsion
3.) An enrolled bill is the official copy of approved legislation and bears the
certifications of the presiding officers of each House. Thus where the certifications are
valid and are not withdrawn, the contents of the enrolled bill are conclusive upon the
courts as regards the provision of that particular bill.
Adjournments:
1.) Neither House can adjourn for more than 3 days during the time Congress is in
session without the consent of the other House.
2.) Neither can they adjourn to any other place than that where the two houses are
sitting, without the consent of the other.
Section 17: THE ELECTORAL TRIBUNAL
The Senate and the House shall each have an Electoral Tribunal which shall be
composed of:
1. 3 Supreme Court Justices to be designated by the Chief Justice; &
2. 6 Members of the Senate or House, as the case may be.
The senior Justice in the Electoral Tribunal shall be its Chairman.
Note: The congressional members of the ETs shall be chosen on the basis of
proportional representation from the political parties and party-list organizations.
Jurisdiction:
1.) Each ET shall be the sole judge of all CONTESTS relating to the election, returns,
and qualifications of their respective members. This includes determining the validity
2.) BUT an enrolled bill prevails over the contents of the Journal.
2.) An election contest is one where a defeated candidate challenges the qualification
4.) Judicial review of decisions of the ETs may be had with the SC only insofar as the
3.) In the absence of an election contest, the ET is without jurisdiction. However, the
power of each House to expel its own members or even to defer their oath-taking until
their qualifications are determined may still be exercised even without an election
contest.
Issues regarding the Electoral Tribunals:
1.) Since the ETs are independent constitutional bodies, independent even of the
House from which the members are respectively taken, neither Congress nor the Courts
may interfere with procedural matters relating to the functions of the ETs, such as the
Note: The 12 Senators and 12 Representatives are elected on the basis of proportional
setting of deadlines or filing their election contests with the respective ETs.
2.) The ETs being independent bodies, its members may not be arbitrarily removed
Voting/Action
from their positions in the tribunal by the parties which they represent. Neither may
they be removed for not voting according to party lines, since they are acting
independently of Congress.
3.) The mere fact that the members of either the Senate or the House sitting on the ET
are those which are sought to be disqualified due to the filing of an election contest
against them does not warrant all of them from being disqualified from sitting in the
ET. The Constitution is quite clear that the ET must act with both members from the SC
and from the Senate or the House. If all the legislator-members of the ET were to be
disqualified, the ET would not be able to fulfill its constitutional functions.
3. Officers of the AFP from the rank of Colonel or Naval Captain: and
4. Other officers whose appointments are vested in him by the Constitution (e.g.
COMELEC members).
2.) Congress CANNOT by law prescribe that the appointment of a person to an office
created by such law shall be subject to confirmation by the CA.
3.) Appointments extended by the President to the above-mentioned positions while
Congress is not in session shall only be effective until disapproval by the CA or until the
next adjournment of Congress.
Meetings of the CA
1.) CA meets only while Congress is in session.
2.) Meetings are held either at the call of the Chairman or a majority of all its
2. In aid of legislation does not mean that there is pending legislation regarding
the subject of the inquiry. In fact, investigation may be needed for purposes of
proposing future legislation.
3. If the stated purpose of the investigation is to determine the existence of
violations of the law, the investigation is no longer in aid of legislation but in aid
of prosecution. This violates the principle of separation of powers and is beyond
the scope of congressional powers.
Enforcement:
1. Since experience has shown that mere requests for information does not usually
work, Congress has the inherent power to punish recalcitrant witnesses for
contempt, and may have them incarcerated until such time that they agree to
testify.
members.
3.) Since the CA is also an independent constitutional body, its rules of procedure are
also outside the scope of congressional powers as well as that of the judiciary.
1. The continuance of such incarceration only subsists for the lifetime, or term, of
such body. Once the body ceases to exist after its final adjournment, the power to
incarcerate ceases to exist as well. Thus, each Congress of the House lasts for
Note: The ET and the CA shall be constituted within 30 days after the Senate and the
only 3 years. But if one is incarcerated by the Senate, it is indefinite because the
House of Representative shall have been organized with the election of the President
1. The power to punish for contempt is inherent in Congress and this power is sui
generis. It cannot be exercised by local government units unless they are
expressly authorized to do so.
Limitations:
1. The inquiry must be conducted in accordance with the duly published rules of
procedure of the House conducting the inquiry; and
1. The rights of persons appearing in or affected by such inquiries shall be
respected. Ex. The right against self-incrimination.
Appearance by department heads before Congress:
1. Since members of the executive department are co-equals with those of the
legislative department, under the principle of separations of powers, department
heads cannot be compelled to appear before Congress. Neither may the
department heads impose their appearance upon Congress.
1. Department heads may appear before Congress in the following instances.
1. Upon their own initiative, with the consent of the President (and that of the House
concerned); or
1. Upon the request of either House (which cannot compel them to attend)
1. The appearance will be conducted in EXECUTIVE SESSION when:
1. Required by the security of state or required by public interest; and
2. Revenue bills
A bill of local application, such as one asking for the conversion of a municipality into a
3. Tariff bills
city, is deemed to have originated from the House provided that the bill of the House
was filed prior to the filing of the bill in the Senate even if, in the end, the Senate
6. Private bills
Note: The Senate may, however, propose or concur with amendments.
Appropriation bills
1. The primary and specific aim of an appropriation bill is to appropriate a sum of
money from the public treasury.
1. Thus, a bill enacting the budget is an appropriations bill.
1. BUT: A bill creating a new office, and appropriating funds therefor is NOT an
appropriation bill.
Revenue Bill
1. A revenue bill is one specifically designed to raise money or revenue through
imposition or levy.
1. Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance,
the Videogram Regulatory Board law imposing a tax on video rentals does not
make the law a revenue bill.
Bills of local application
Limitations:
1. For appropriation bills:
1. Congress cannot increase the appropriations recommended by the President for
the operation of the Government as specified in the budget.
1. Each provision or enactment in the General Appropriations Bill must relate
specifically to some particular appropriation therein and any such provision or
enactment must be limited in its operation to the appropriation to which it
relates.
1. The procedure in approving appropriations for Congress shall strictly follow the
procedure for approving appropriations for other departments and agencies.
1. A special appropriations bill must specify the purpose for which it is intended and
must be supported by funds actually available as certified by the National
Treasurer or to be raised by a corresponding revenue proposal therein.
1. Transfer of appropriations:
1. Rule: No law shall be passed authorizing any transfer of appropriations
2. BUT the following may, BY LAW, be authorized to AUGMENT any item in the
general appropriations law for their respective offices from savings in other items
1. Every bill shall embrace only one (1) subject, as expressed in the title thereof
President
i.
As a mandatory requirement
ii.
The title does not have to be a complete catalogue of everything stated in the
bill. It is sufficient if the title expresses the general subject of the bill and all the
provisions of the statute are germane to that general subject.
iii.
A bill which repeals legislation regarding the subject matter need not state in the
title that it is repealing the latter. Thus, a repealing clause in the bill is considered
germane to the subject matter of the bill.
1. Readings
1. In order to become a law, each bill must pass three (3) readings in both Houses.
2. General rule: Each reading shall be held on separate days & printed copies thereof
in its final form shall be distributed to its Members three (3) days before its
passage.
3. Exception: If a bill is certified as urgent by the President as to the necessity of its
Third reading only the title is read, no amendments are allowed. Vote shall be taken
immediately thereafter and the yeas and nays entered in the journal.
TYPE OF BILL
ITEM
1. Revenue/tax bill
2. Appropriations bill
1. If the President does not approve of the bill, he shall veto the same and return it
1. Veto of RIDER
with his objections to the House from which it originated. The House shall enter
1. A rider is a provision which does not relate to a particular appropriation stated in
the bill.
1. The President must communicate his decision to veto within 30 days from the
2. Since it is an invalid provision under Section 25(2), the President may veto it as
date of receipt thereof. If he fails to do so, the bill shall become a law as if he
an item.
signed it.
Specific limitations on legislation
1. This rule eliminates the pocket veto whereby the President would simply refuse
1. No law shall be enacted increasing the Supreme Courts appellate jurisdiction
2)
It should be EQUITABLE
3)
4)
The power to tax must be exercised for a public purpose because the power exists
5)
The due process and equal protection clauses of the Constitution should be
observed.
Delegation of power to fix rates
1)
a)
Tariff rates
b)
c)
d)
2)
are exempt from taxes and duties PROVIDED that such revenues and assets are actually,
directly and exclusively used for educational purposes. (Art. XIV Sec 4 (3))
3)
exclusively for educational purposes shall be exempt from tax. This is subject to
conditions prescribed by law. (Art. XIV. Sec 4 (4))
Section 29. Power of the Purse
1)
a)
2)
b)
BUT: This rule does not prohibit continuing appropriations. e.g. for debt
The exercise of such power by the President shall be within the specified limits
fixed by Congress and subject to such limitations and restrictions as it may impose.
servicing. This is because the rule does not require yearly, or annual appropriation.
2)
Limitations.
1)
a)
b)
a)
Charitable institutions
(i)
b)
c)
Mosques
d)
e)
All lands, buildings and improvements actually, directly and exclusively used for
or
(ii)
government orphanage; or
leprosarium
c)
BUT the government is not prohibited from appropriating money for a valid
ALSO, the temporary use of public property for religious purposes is valid, as long
Special Funds
a)
Money collected on a tax levied for a special purpose shall be treated as a special
Through the system of initiative and referendum, the people can directly propose
and enact laws or approve or reject any act or law or part thereof passed by the
Congress or local legislative body.
2)
Required Petition
a)
b)
voters
c)