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 extent reserved to the
people by the provision on initiative and referendum.
Definition of Legislative Power:
The authority to make laws and to alter or repeal them.
Classification of legislative power: (O De CO)
1. Original Possessed by the people in their sovereign capacity
2. Delegated Possessed by Congress and other legislative bodies by virtue of the
Constitution
3. Constituent The power to amend or revise the Constitution
4. Ordinary The power to pass ordinary laws
Note:
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 reject any act or law passed
by Congress or a local government unit.
Limits on the legislative power of Congress:
1. Substantive limitations on the content of laws. E.g. no law shall be passed establishing
a state religion.
1. Procedural limitations on the manner of passing laws. E.g. generally a bill must go
through three readings on three separate days.
Note:
Provided that these two limitations are not exceeded, Congress legislative power is plenary.
Corollaries of legislative power:
1. Congress cannot pass irrepealable laws. Since Congress powers are plenary, and limited
only by the Constitution, any attempt to limit the powers of future Congresses via an
irrepealable law is not allowed.
2. 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:
1. Delegation of legislative power to local government units;
2. Instances when the Constitution itself allows for such delegation [see Art. VI Sec. 23(2)]
What may Congress delegate:
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 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. No Senator shall serve for more than 2 consecutive terms.
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.
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
A.
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.
B.
1. Each district shall comprise, as far as practicable, contiguous, compact and adjacent
territory;
2. Each city with at least 250,000 inhabitants will be entitled to at least one representative.
3. Each province will have at least one representative.
4. Legislative districts shall be re-apportioned by Congress within 3 years after the return of
each census. According to Jack, however, while the apportionment of districts is NOT a
political question, the judiciary CANNOT compel Congress to do this.
5. The standards used to determine the apportionment of legislative districts is meant to
prevent gerrymandering, which is the formation of a legislative district out of separate
territories so as to favor a particular candidate or party.
Qualifications
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
1. Definition
a. Terms means the period during which the elected officer is legally authorized to assume
his office and exercise the powers thereof.
b. Tenure is the actual period during which such officer actually holds his position.
2. Limitation/Possible Reduction
a. Term CANNOT be reduced.
b. Tenure MAY, by law, be limited. Thus, a provision which considers an elective
office automatically vacated when the holder thereof files a certificate of
candidacy for another elective office (except President and 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)
2. However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95 and 9598 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.
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.
Qualifications
Protection is only against forum other than Congress itself. Thus for inflammatory
remarks which are otherwise privileged, a member may be sanctioned by either the
Senate or the House as the case may be.
The speech or debate must be made in performance of their duties as members of
Congress. This includes speeches delivered, statements made, votes cast, as well as
bills introduced, and other activities done in performance of their official duties.
Congress need NOT be in session when the utterance is made, as long as it 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 with
respect to other matters with Congress jurisdiction.
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.
WHEN APPLICABLE
During his term. If he does so, he forfeits his
seat.
bodies.
4. Legislators cannot be financially interested During his term of office.
directly or indirectly in any contract with or
in any franchise, or special privilege granted
by the Government, or any subdivision,
agency or instrumentality thereof, including
any GOCC or its subsidiary.
5. Legislators cannot intervene in any matter When it is for his pecuniary benefit or where
before any office of the government.
he may be called upon to act on account of
his office.
Senate President;
2.)
3.)
Each House may choose such other officers as it may deem necessary.
Election of Officers
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
1. Concurrence of 2/3 of ALL its members.
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.) 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 or invalidity
of a proclamation declaring a particular candidate as the winner.
2.) An election contest is one where a defeated candidate challenges the qualification and
claims for himself the seat of a proclaimed winner.
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 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 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.
4.) Judicial review of decisions of the ETs may be had with the SC only insofar as the decision
or resolution was rendered without or in excess of jurisdiction or with grave abuse of discretion
constituting denial of due process.
Section 18: THE COMMISSION ON APPOINTMENTS
Composition:
1.)
2.)
12 Senators; and
3.)
Note: The 12 Senators and 12 Representatives are elected on the basis of proportional
representation from the political parties and party-list organizations.
Voting/Action
1.)
CA shall confirm the appointments by the President with respect to the following positions:
a. Heads of the Executive Departments (except if it is the Vice-President who is appointed
to the post).
b. Ambassadors, other public ministers or consuls.
c. Officers of the AFP from the rank of Colonel or Naval Captain: and
d. 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.)
2.)
Meetings are held either at the call of the Chairman or a majority of all its 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.
Note: The ET and the CA shall be constituted within 30 days after the Senate and the House of
Representative shall have been organized with the election of the President and the Speaker.
Sections 21-22: LEGISLATIVE INQUIRIES
Scope:
1. Either House or any of their committees may conduct inquires in aid of legislation.
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.
2. 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 only 3 years. But if
one is incarcerated by the Senate, it is indefinite because the Senate, with its staggered
terms, is a continuing body.
3. BUT, in order for a witness to be subject to this incarceration, the primary requirement is
that the inquiry is within the scope of Congress powers. i.e. it is in aid of legislation.
4. The materiality of a question is determined not by its connection to any actually pending
legislation, but by its connection to the general scope of the inquiry.
5. 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
2. 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.
2. Department heads may appear before Congress in the following instances.
3. Upon their own initiative, with the consent of the President (and that of the House
concerned); or
4. Upon the request of either House (which cannot compel them to attend)
5. The appearance will be conducted in EXECUTIVE SESSION when:
6. Required by the security of state or required by public interest; and
7. When the President so states in writing
Sections 23-24. DECLARATION OF WAR/EMERGENCY POWERS
Vote requirement: (to declare the existence of a state of war)
1. During times of war or other national emergency, Congress may, BY LAW, authorize the
President to exercise powers necessary and proper to carry out a declared national policy.
2. Limitations:
a. Powers will be exercised for a limited period only; and
b. Powers will be subject to restrictions prescribed by Congress
3. Expiration of emergency powers
a. By resolution of Congress or
b. Upon the next adjournment of Congress
Sections 24-27, 30-31 LEGISLATION
Bills that must originate from the House of Representatives (Section 24)
CODE: A R T Pu Lo P
1. Appropriation bills
2. Revenue bills
3. Tariff bills
4. Bills authorizing the increase of public debt
5. Bills of local application
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
A bill of local application, such as one asking for the conversion of a municipality into a 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 approved its own version.
Limitations:
B. 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
of their respective appropriations:
- President
- President of the Senate
- Speaker of the House of Representatives
- Chief of Justice of the Supreme Court
- Heads of the Constitutional Commissions
C. Discretionary funds appropriated for particular officials shall be:
1. Disbursed only for public purposes;
2. Should be supported by appropriate vouchers; and
3. Subject to guidelines as may be prescribed by law.
D. If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year:
1. The GAB for the previous year is deemed reenacted
2. It will remain in full force and effect until the GAB is passed by Congress.
I.
III.
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
immediate enactment to meet a public calamity or emergency, the 3 readings can be held
on the same day.
4. First reading only the title is read; the bill is passed to the proper committee
Second reading Entire text is read and debates are held, and amendments introduced.
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.
Veto power of President:
A.
1. Every bill, in order to become a law, must be presented to and signed by the President.
2. If the President does not approve of the bill, he shall veto the same and return it with his
objections to the House from which it originated. The House shall enter the objections in
the Journal and proceed to reconsider it.
3. The President must communicate his decision to veto within 30 days from the date of
receipt thereof. If he fails to do so, the bill shall become a law as if he signed it.
4. This rule eliminates the pocket veto whereby the President would simply refuse to act
on the bill.
B.
1. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to
pass the bill. In such case, the veto is overriden and becomes a law without need of
presidential approval.
Item veto
1. The President may veto particular items in an appropriation, revenue or tariff bill.
2. This veto will not affect items to which he does not object.
Definition of item
TYPE OF BILL
ITEM
1. Revenue/tax bill
2. Appropriations bill
a. Veto of RIDER
i. A rider is a provision which does not relate to a particular appropriation stated in the bill.
ii. Since it is an invalid provision under Section 25(2), the President may veto it as an item.
Specific limitations on legislation
1. No law shall be enacted increasing the Supreme Courts appellate jurisdiction without the
SCs advice and concurrence.
2. No law shall be enacted granting titles of royalty or nobility.
Section 28. POWER TO TAX
Limitations:
1)
2)
It should be EQUITABLE
3)
4) The power to tax must be exercised for a public purpose because the power exists for the
general welfare
5)
The due process and equal protection clauses of the Constitution should be observed.
1)
a)
Tariff rates
b)
c)
d)
1)
Charitable institutions
b)
c)
Mosques
d)
e) All lands, buildings and improvements actually, directly and exclusively used for religious,
charitable, or educational purposes.
2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions 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)
Grants, endowments, donations or contributions used actually, directly and 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)
No money shall be paid out of the National Treasury EXCEPT in pursuance of an
appropriation made by law.
a)
b)
BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing. This is
because the rule does not require yearly, or annual appropriation.
2)
Limitations.
a)
b)
(i)
(ii)
government orphanage; or
leprosarium
c)
BUT the government is not prohibited from appropriating money for a valid secular
purpose, even if it incidentally benefits a religion, e.g. appropriations for a national police force
is valid even if the police also protects the safety of clergymen.
d) ALSO, the temporary use of public property for religious purposes is valid, as long as the
property is available for all religions
3)
Special Funds
a)
Money collected on a tax levied for a special purpose shall be treated as a special fund and
paid out for such purpose only.
b)
Once the special purpose is fulfilled or abandoned, any balance shall be transferred to the
general funds of the Government
Section 32. INITIATIVE AND REFERENDUM
1) 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)
c)