ARTICLE VI

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.

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.

SECTION 3.No person shall be a Senator unless he is natural-born citizen of the Philippines,
and, on the day
of 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
proceeding the day of election.

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 for which he was elected.

SECTION 5.(1) The House of Representative shall be composed of not more than two hundred
and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with
the number of their respective inhabitants, and on the basis of a uniform and progressive ratio,
and those who, as provided by law, shall be elected through a party-list system of registered
national, regional and sect oral parties or organizations.
(2) The party-list representatives shall constitute twenty per centum of the total number
of representatives including those under the party list. For three consecutive terms after the
ratification of this Constitution, one-half of the seats allocated to party-list representatives shall
be filled, as provided by law, by selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and such other sectors as may be provided by
law, except the religious sector.

(3) Each legislative district shall comprise, 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
reappointment of legislative district based on the standards provided in this section.

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 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 of not less than one year immediately preceding the
day of the election.

SECTION 7.The Member of the House of Representatives shall be elected for a term of three
years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June
next following their election.
No member of the House of Representatives shall serve for more than three consecutive
terms. Voluntary renunciation of the office for any length of the time shall not be considered as
an interruption in the continuity of his service for the full term for which he was elected.

SECTION 8.Unless otherwise provided by law, the regular election of the Senators and the
Members of the House of Representatives shall be held on the second Monday of May.

SECTION 9.In case of vacancy in the Senate or in the House of Representatives, a 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.

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.

SECTION 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 debate in the Congress or in any Committee thereof.

SECTION 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 filling of a
proposed legislation of which they are authors.

SECTION 13.No Senator or Member of the House of Representatives may hold any other office
or employment in the Government, or any subdivision, agency, 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 nor the emoluments thereof increased during the term for which he was elected.

SECTION 14.No Senator or Member of the House of Representatives may personally appear
as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and
other administrative bodies. Neither shall he, directly or directly; 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 Government for his pecuniary benefit or where he may be called upon to
act on account of his office.

SECTION 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.

SECTION 16.(1) The Senate shall elect its President and the House of Representatives its
Speaker, by a majority vote of all its respective Members.
Each house shall choose such other officers as it may deem necessary.
(2) A majority of each House shall constitute a quorum to do business, but a smaller
number may adjourn from day to day and may compel the attendance of absent Members in
such manner, and under such penalties, as such House may provide.
(3) Each House may determine the rules of its proceedings, punish its Members for
disorderly behaviour, and with the concurrence of two-thirds of all its Members, suspend or
expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days.

(4) Each House shall keep a journal of its proceeding, and from time to time publish the
same, excepting such parts as may, in its judgement, affect national security; and the years and
nays on any question shall, at the request of one fifth of the Members present be entered in the
Journal.
Each House shall also keep a Record of its proceedings.
(5) Neither House during the sessions of the Congress shall, without the consent of the
other, adjourn for more than three days, nor to any other place than that in which the two
Houses shall be sitting.

SECTION 17.The Senate and the House of Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all contest relating to the election, returns,
qualifications of their respective Members, three of whom shall be Justices of the Supreme
Court to be designated by the Chief Justice, and the remaining six shall be Members of the
Senate or the House of Representatives, as the case may be, who shall be chosen on the basis
of proportional representation from the political parties and the parties or organizations
registered under the party-list system represented therein. The senior Justice in the Electoral
Tribunal shall be its Chairman.

SECTION 18.There shall be a Commission on Appointments consisting of the President of the

Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of
Representatives, elected by each House on the basis of proportional representation from the
political parties and parties or organization registered under the party-list system represented
therein. The Chairman of the Commission shall act on all appointments submitted to it within
thirty session days of the Congress from their submission. The Commission shall rule by a
majority vote of all Members.

SECTION 19.The Electoral Tribunals and the Commission on Appointments shall be constituted
within thirty days after the Senate and the House of Representatives shall have been organized
with the election of the President and the Speaker. The Commission Appointments shall meet
only while the Congress is in session, at the call of its chairman or a majority of all its Members,
to discharge such powers and functions as are herein conferred upon it.

SECTION 20.The records and books of 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 in itemized list of accounts paid to and expenses incurred
for 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.

SECTION 22.The heads of departments may upon their own initiative, with the consent on 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 schedule: appearance, but may cover matters
related thereto. When the security of the State or the public interest so requires and the
President so state in writing the appearance shall be conducted in executive session.

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 a 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.

SECTION 24.All appropriation, revenue or tariff bills, bills authorizing increase of the public
debt, bills of local application and private bills shall originate exclusively in the House of
Representatives, but the Senate may propose or concur with amendments.

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 provisions or enactment shall be embraced in the general appropriations bill
unless it relates specifically to some particular appropriation therein. Any such provisions 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 appropriations for other departments and agencies.
(4) A special appropriation bill shall specify the purpose for which it is intended, and shall
be supported by funds actually available as certified by the National Treasure, or to be raised by
a corresponding revenue proposal 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 in suing, fiscal year, the general appropriations law of the preceding
fiscal year shall be deemed re-enacted and shall remain in force and effect until the general
appropriations bill is passed by the Congress.

SECTION 26.(1) Every bill passed by the Congress shall embraced only one subject which shall
be expressed in the title thereof.
(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 years and days entered in the Journal.

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 the House, it shall become a law. In all such cases, the votes of
each House shall be determined by years or days, 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 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 specific limits, and
subject to such limitations and restrictions as it may impose, tariff rates, import and export
quotas, tonnage and warfare dues, and other duties or imposts within the framework of the
national development program of the Government.
(3) Charitable institutions, churches and personages 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.
(4) No law granting any tax exemption shall be passed without the concurrence of a
majority of all the Members of the Congress.

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 any priest, preacher, minister, or other religious teacher, or
dignitary is assigned to the armed forces, or to any penal institutions, 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 special fund was
created has been fulfilled or abandoned, the balance if any, shall be transferred to the general
funds of the Government.

SECTION 30.No law shall be passed increasing the appellate jurisdiction of the Supreme Court
as provided in this Constitution without its advice and concurrence.

SECTION 31.No law granting a title of royalty or nobility shall be enacted.

SECTION 32.The Congress shall, as early as possible, provide for a system of initiative and
referendum, and the exceptions there from, whereby 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 after he registration of a petition there for signed by at least ten per centum of
the total number of registered voters, of which every legislative district must be represented by
at least three per centum of the registered voters thereof.
Notes:
The three (3) basic and co-equal departments of the government they are:
1. Legislative Department
2. Executive Department
3. Judicial Department
These three departments are separate/coordinate, co-equal, and interdependent from
each other.

Relative Function Of The Three Departments As Far As The Law Is Concerted.

The legislative department enacts the law; the executive department implements the law,
and, the judiciary department interprets the law.

LEGISLATIVE POWER
Concept
Legislative power is the power or competence of the legislative department to enact,
ordain, alter, or modify, repeal, or abrogate existing laws.
(Government of the Philippines vs. Springer, 50 Phil. 376).
NON-DELEGATION OF A LEGISLATIVE POWER
As a general rule, the legislative power of Congress cannot be delegated to any other
office or agency of the government, (potestas delegate non delegarepotest)save in cases
of: (a) fixing the tariff rates for imported items which may be delegated to the President of
the Philippines; (b) the delegates of power to the local officials, and (c) the delegation of
power to administrative departments to promulgate implementing rules and regulation
affecting the, (d) when it is delegated to the people.
Legislative power shall be vested in the Congress of the Philippines which shall consist
of a Senate and House of Representatives. (Sec. 1, Art. VI of the 1987 Constitution)

COMPOSITIONS OF THE SENATE

The Senate shall be composed of 24 Senators. They shall be elected at large by the
qualified voters of the Philippines.
COMPOSITION OF THE HOUSE OF THE REPRESENTATIVES
The House of the Representatives shall be composed of not more than 250 members.
They are classified into two (2) groups:
a. 200-Elected by legislative districts
b. 50-Elected through a party-list system
SECTORS ALLOWED TO SEND PARTY-LIST REPRESENTATIONS
The following sectors are allowed by law to send party-list representatives in Congress.
1. Labor
2. Peasant
3. Urban Poor

4. Indigenous Cultural Communities

5. Women
6. Youth and others

Qualifications Of The Senators

No person shall be a Senator unless he has the following qualifications:
1.
2.
3.
4.
5.

Natural-born citizen of the Philippines

At least 35 years of age
Able to read and write
Registered voter
Resident of the Philippines for not less than two (2) years, immediately preceding the
day of the elections.

Qualifications Of Congressman
No person shall be a member of the House of the Representatives unless he has the
following qualifications.
1.
2.
3.
4.

Natural born citizen of the Philippines

At least 25 years of age
Able to read and write
Except a party-list representative, a registered voter in the district in which he shall be
elected
5. Not less than one (1) year residence thereof immediately preceding the day of the
election.

Term Of Office Of Senators

The term of office of the Senators is six (6) years and shall commence, unless otherwise
provided by law at noon on the 30th day of June next following their election.
No Senator shall serve for more than two (2) consecutive terms. The Senators first elected
under this new Constitution shall serve until noon of June 30, 1992 and of the Senators elected
in the election in 1992, the first 12 obtaining the highest number of voters shall over for six (6)
years and the remaining 12 for 3 years. (Sec. 2, Art. XVIII of the new Constitution)

Term of Office Of The Congressman

The term of office of the members of the House of the Representatives is three (3) years
and shall commence, unless otherwise provided by law at noon on the 30 th day of June next
following their election.
No member of the House of the Representatives shall serve for more than three (3)
consecutive terms.
Privileges of the Members of Congress/ (Parliamentary Immunity)

1. Privileges from arrest in all offenses punishable by not more than six (6) years
imprisonment.
2. Privilege from not being questioned from any speech or debate in Congress or in any
committee thereof. (Art. VI, Sec. 11 of the Constitution, Martinez vs. Morfe, 44 SCRA 22,
March 24, 1972).

Disqualifications of Members of Congress

1. No Senator or member of the House of the Representatives may hold any other
office or employment in the government or any subdivision, agency or instrumentality
thereof, including government-owned or controlled corporations or their subsidiaries
during his term without forfeiting his seat.
2. No Senator 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 or
other administrative bodies.
3. They shall not during their term of office, be directly or indirectly interested financially
in any contract with the government or any subdivision, agency or instrumentality
thereof, including government-owned or controlled corporations or its subsidiary.
4. They shall not, during their term of office, be directly or indirectly interested
financially in any franchise or special privilege granted by the government or any
subdivision, agency or instrumentality thereof, including government-owned or
controlled corporations.

5. They shall not intervene in any matter before any office of the government for their
pecuniary benefit or where they may be called upon to act on account of their office.
Punishment of Members
Each House may punish its Members for disorderly behaviour. The Punishment may be
a reprimand, censure, and fine, forfeiture of salary, suspension, expulsion and imprisonment.
Expulsion- To expel a Member, the concurrence of 2/3 of all the Members of each House is
Necessary.
Suspension-to suspend a Member, the concurrence of 2/3 of all the Members of each House is
Necessary. A of penalty of suspension shall not exceed 60 days. No Member of Congress may
be suspended for an indefinite period of time. (Alejandro vs. Quezon, 26 Phil. 83).
POWER OF CONGRESS
The Congress, by a vote of 2/3 of both Houses in joint session assembled, voting
separately shall have te sole power to declare the existence of a state war.
In time of war or other national emergency, the Congress may, by law, authorize the
President, for a limited period of time and subject to such restriction as it may prescribe, to
exercise powers necessary and proper to carry out a declared national policy. Unless sooner
with-drawn by resolution of Congress, such power shall cease upon the next adjournment
thereof. (Sec. 23, pars. 1 and 2 of the New Constitution).

Kinds of Session in Congress

1. Regular Session- Once every year. Congress shall convene on the 4th Monday of July
for its regular session, unless a different date is fixed by law.
2. Special Session- At any time that the Congress is not on session, whether it has
adjourned its regular or special session or is in recess, the President may call it to
special session to consider such subjects or legislation as he may designate.
Officers of Congress
a) In Senate- The Senate shall, by a majority vote of all its Members, elect the following
officers:
1. Senate President
2. Senate President Pro-Tempore
3. Majority Floor Leader
4. Minority Floor Leader
5. Sergeant-at-Arms, Etc.
b) In the House of Representatives- The House of Representatives shall, by a majority
vote of all its Members, elect the following officers:
1. Speaker of the House
2. Speaker Pro-Tempore

3. Majority Floor Leader

4. Minority Floor Leader
5. Sergeant-at-Arms, Etc.
Non-Legislative Powers of Congress
The following are the non-legislative powers of Congress:
a) By a vote of 2/3 of both Houses, in joint session assembled, voting separately, Congress
shall have the sole power to declare the existence of a state of war.
b) The Senates power to concur treaties or international agreements entered into by the
president requiring at least 2/3 of all the Members of the Senate.
c) To act as the canvassing body for the Presidential and Vice-Presidential elections and to
proclaim the persons duly elected.
d) The power to concur to the amnesty granted by the President.
e) The House of Representatives to initiate impeachment to against the impeachable
officers enumerated in the Constitution.
f) The Senate power to try and decide all impeachment cases.
g) To act as a constituent assembly for the proposal to change the Constitution.
QUORUM
A majority of each House shall constitute a quorum to do business. Ordinarily, a quorum
is meant majority of all the Members of each House. By majority, it means plus one of all the
members of each House. Members who may have been suspended or who, from time being,
are in abroad and therefore beyond the coercive power of the House to compel attendance in
the session, should not be counted in the determination of quorum.
For lack of quorum, a smaller number may adjourn from day to day and may compel the
attendance of absent Members in such manner and under such penalties, as such House may
provide.
RULES OF PROCEEDING
Each House is empowered by the Constitution to determine the rules of its proceedings
subject, however, to constitutional limitations. Thus, the rules promulgated cannot ignore
constitutional rights nor could they be violating of fundamental rights.
Once promulgated, Congress must follow them, unless otherwise repealed or modified.
However, in one case, Justice Jose Bengson observed that parliamentary rules being
procedure; rules may be waived or disregarded by the legislative body. (Osmea vs. Pendatum.
109 Phil. 863).
ADJOURMENT
Either House may, at its own volution, adjourn an on-going session. But neither House
shall, without consent of the other adjourn:
a) For more than three (3) days;

b) To any other place than that in which the houses sitting.

Other Constitutional Bodies in Congress
1. Electoral Tribunal-The Senate and the House of Representatives shall each have an
Electoral Tribunal which shall be the sole judge of all contests relating to the election
returns and qualification of their respective Members.
2. Commission on Appointments- TheCommission on Appointments is a committee
composed of Senators and Congressman empowered to act upon and approve
appointments made by the President to the more important positions in the government.
Composition of Electoral Tribunal
Each Electoral Tribunal shall be composed of 9 Members:
a) Three (3) Justices of the Supreme Court;
b) Six (6) Senators or (6) Congressman, as the case may be, to be chosen based on
proportional representations from the political parties or organizations registered under
the party list system.
The senior Justice in the Electoral Tribunal shall be the Chairman of the Electoral
Tribunal.
QUESTION HOUR
Concept
The question hour is a parliamentary feature where the Heads of Departments, with the
consent of the President, may appear and be heard by such house on any matter pertaining to
their departments. (Art. 6 Sec. 22).

Composition of Commission on Appointments

1. President of the Senate as ex-officio Chairman.
2. Twelve (12) Senators elected by the House of Representatives on the basis of
proportional representation from the political parties or organization registered under the
party-list system.

Power of the Electoral Tribunal

The Electoral Tribunal of the Senate (SET) and the House of Representatives (HRET)
were created by the Constitution as special tribunals to be the sole judge of all contest relating
to election returns and qualifications of Members of the legislative House and as much, are
independent bodies which must be permitted to select their own employees and to supervise

and control them, without any legislative interference. (Suanes vs. Chief Accountant of the
Senate 31 Phils. 818).
The Tribunals are independent from Congress devoid of partisan influence or
consideration and therefore, Congress has no power to regulate proceedings of these electoral
tribunals. (Angara vs. Electoral Com., 53 Phil. 139 and Bondoc vs. Pineda, etal, GR No. 97710,
Sept. 26, 1991).
Powers of the Commission on Appointments
The Commission on Appointments shall rule by a majority vote of all the Members. But
the Chairman of the Commission shall not vote, except in a tie.
The Commission on Appointments shall act on all Appointments submitted to it within 30
session days of the Congress from their submission.
BILL
Concept
A Bill is a draft of a proposed Law.
Kinds of Bill
1. Appropriation Bill is one of the primary purpose of which is to make appropriation of
money from the public treasury.
2. Revenue Bill- is one that is specially designed to raise money or income through
imposition of levy.
3. Private Bill- in one that serves a private interest.
4. Bill of Local Application- is one that affects a particular place or locally where the
inhabitants of said place will be benefited or will profit thereby.
ENROLLED BILL
Concept
An enrolled bill is a copy of an enacted bill. Filed away as evidence of what the law is/
(Webster Dic., p. 851).
Bills that should Originate Exclusively in the House of Representatives
1.
2.
3.
4.
5.

Appropriation bills
Revenue or Tariff bills
Bills authorizing public debt
Bills of local application
Private bills

Parts of Bill

1.
2.
3.
4.
5.

Title
Preamble
Enacting clause
Body
Date of Effectively

Steps or Process of Law- Making

FIRST READING-A Senator or Congressman presents a bill, duly signed by him either
alone or together with some co-authors, for first Reading and reference to the proper
committee. The bill is read by its number and title as well as the name or names of the
author or authors.
Referral to Proper Committee- Immediately after the first reading, the bill is referred to
the proper committee/committees for proper study and appropriate action. If the bill is
disapproved by the committee/committees the bill dies a natural death unless the Senate
or the House of Representatives decides otherwise following the submission of the
report to the committee/committees.
SECOND READING- If the report of thecommittee/committees is the supportive of the
bill and the recommendation favourable; the bill is forwarded to the committee on Rules
so the bill may be calendared for deliberation on Second Reading. The bill is read for the
second time together with the amendments, if any, made by the committee unless the
reading is dispensed with by a majority vote of the Senate or the House of the
Representatives.
DEBATES-After the second reading, the bill is opened for discussion and debate on the
floor of the senate or House of Representatives. At this stage, Amendments to the bill
may be introduced.
PRINTING AND DISTRIBUTION- if the bill is approved on the Second Reading, the
same shall be printed in its final form and copied thereof distributed to the Senators or
Congressman three (3) days before its passage, except when the President certifies to
the necessity of its immediate enactment to meet a public calamity or emergency. The
bill is then calendared for Third Reading.
THIRD READING- On third reading, only the title of the bill is read and amendment to
the bill is no longer allowed. Immediately after the Third Reading , the vote on the bill is
taken and the yeas and nays entered in the journal so there is permanent official
record of how the Senators or Congressman voted on the Measure.
REFERRAL TO THE OTHER HOUSE- If approved on the Third reading the bill is
referred to the other House where basically the same procedure takes place.
SUBMISSION TO THE PRESIDENT- A bill pass by the Senate and the House of
Representatives shall be printed in enrolled from and there after presented to the
President for approval or veto. If the President approves the same, he shall sign it and
the bill shall become a law. Every bill shall pass three(3) readings on separate days.
DOCTRINE OF AUTOMATIC RE-APPROPRIATION- This doctrine refers to the
automatic re-enactment of the General Appropriation law for the ensuring year.

INSTANCES WHERE A BILL MAY BECOME A LAW EVEN WITHOUT THE APPROVAL OF
THE PRESIDENT
As a General rule, all bills shall, before they become a law, must be presented to the
President for signing, except on the following instances;
1. When the veto of the President is overridden.
2. When the President does not act on the bill within 30 days after receipt.
3. When the bill is purposes of repealing the emergency power statute earlier granted to
the President.
4. When the bill calls for a special election to elect a President and Vice-President.
VETO
Concept
A veto is the rejection by the President of a bill submitted to him for signing.
POCKET VETO
Concept
Partial veto refers to the inaction of the President on a bill submitted to him for signing. If
the inaction lasts for 30 days or more, the bill will become a law.
PARTIAL VETO
Concept
Partial veto is the rejection by the President of part or portion of the bill submitted to him
for signing. As a general rule, the President is not allowed to veto a portion of the bill. He may
either approve or veto it.

MODES ON HOW A BILL MAY BECOME A LAW

There are three(3)modes of a bill becoming a law.
1. When the president approves the bill presented to him and signs the same.
2. When the presidential veto is overridden by 2/3 members of the House where the
bill originated.
3. When the president fails to communicate his veto on the bill within the period of
30 days. (Pocket Veto)

CONSTITUTIONS JOURNAL
Concept

A Journal is the official record of the proceedings of the house concerned. It is the official
repository of business activities undertaken by the two Houses.
Matters to be entered in the Journal
The following must be entered in the Journal:
1.
2.
3.
4.

YEAS and NAYS on any question at the request of at least 1/5 of the Members present;
YEAS and NAYS of the last reading of the bill;
Presidential objections on Vetoed bills;
YEAS and NAYS and the names of the Members of each House when it overrides the
veto of the Presidential; and
5. The vote of each of the Members of the House, who voted to affirm or revoke the
impeachment of the President.
EFFECTIVITY OF LAWS
As a general rule, laws take effect after 15days following the completion of their
publication in the Official Gazette or in the newspaper of general circulation, unless otherwise
provided. (Art. 2, The New Civil Code of the Philippines, as amended by E.O. No. 200).
Provisions against the granting of title of royalty or nobility
Congress is not allowed to pass a law granting title of royalty or nobility to any person.
(Sec. 31, Art. VI of the Constitution).
Provisions against gerrymandering.
There is gerrymandering if legislative districts, which are neither contiguous, nor
compact and adjacent, are being apportioned.
Annual salary of the following officers.
1.
2.
3.
4.

Senate President
Speakers of the House of Representatives
Senators
Congressman

Php

240,000.00
240,000.00
204,000.00
204,000.00

(Art. 18, sec. 17 of the Const.)

Hodge-Podge or Log-Rolling Legislations
Hodge-podge or log-rolling legislation (i.e., omnibus bill) refers to any measure
containing several subjects on unrelated matters combined together for the purpose of securing
the support of members of the legislature severally interested in the different subjects of the
skills.
If these subjects where to be presented in separate bills, the likelihood is that none of
them might obtain a majority vote. (V. G. Sinco. Phil. Political Law.11th ed., p.225).

ARTICLE VII
EXECUTIVE DEPARTMENT
Section1. The executive power shall be vested in the President of the Philippines.
Section 2. No person maybe elected President unless he is natural born citizen of the
Philippines, a registered voters, able to read and write, at least forty years of age on the day of
the election, and a resident of the Philippines for at least ten years immediately preceding such
election.
Section 3. There shall be Vice-President who shall have the same qualifications and term of
office and be elected with and in the same manner as the President. He may be removed from
office in the same manner as the President.
The Vice-President may be appointed as a Member of a Cabinet. Such appointment
requires no confirmation.
Section 4. The President and the Vice-President shall be elected by direct vote of the people for
a terms of six years which shall begin noon on the thirtieth day of June next following the day of
election and shall end at noon of the same date six years thereafter. The President shall not be
eligible for any re-election. No person who has succeeded as President and has served as such
for more than four years shall be qualified for election to the same office at any time.
No Vice-President shall serve for more than two successive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an interruption in the
continuity of the service for the full term for which he was elected.
Unless otherwise provide by law, the regular election for President and Vice-President
shall be held on the second Monday of May
The returns of every election for President and Vice-President, duly certified by the
board of canvassers of each province or city, shall be transmitted to the Congress, directed to
the President of the Senate. Upon receipt of the certificates of canvass, the President of the
Senate shall, not later than thirty days after the day of the election, open all the certificates in
the presence of the Senate and the House of Representatives in joint public session, and the
Congress, upon determination of the authenticity and due execution thereof in the manner
provide by law. Canvass the votes.
The person having the highest number of votes shall be proclaimed elected, but in case
two or more shall have an equal and highest number of votes, one of them shall forth with the
chosen by the vote of a majority of all Members of the Congress, voting separately.
The Congress shall promulgate its rule for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to
the election, returns, and qualifications of the President or Vice-President, and may promulgate
its rule for the purpose.
Section 5. Before they enter on the execution of their office, the President, the Vice-President,
or the Acting President shall take the following oath or affirmation.
I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfil my duties as
President (or Vice-President or Acting President) of the Philippines, preserve and defend its
Constitution, execute its laws, do justice to every man, and consecrates myself to the service of
the Nation. So help me God. (In case of affirmation last sentence will be omitted).
Section 6. The President shall have an official residence. The salaries of the President and
Vice-President shall be determined by law and shall not be decreased during their tenure. No
increase in said compensation shall take effect until after expiration of the term of the incumbent
during which such increase was approved. They shall not receive during their tenure any other
emolument from the Government or any other source.
Section 7. The President-elect and the Vice-President-elect shall assume office at the beginning
of their terms.
If the President-elect fails to qualify, the Vice-President-elect shall act as the President
until the President-elect shall have qualified.
If thePresident shall not have been chosen, the Vice-President-elect shall act as a
President shall have been chosen and qualified.
If at the beginning of the term of the president, the President-elect shall have died or
shall have become permanently disabled, the Vice-President-elect shall become president.
Where no President and Vice-President shall have been chosen or shall have qualified,
or where both shall have died or become permanently disabled, the President of the Senate or,
in case of inability, the Speaker of the House of Representatives shall act as a President until a
President or a Vice-President shall have been chosen and qualified.
The Congress shall, by law, provide for the manner in which one who is to act as
President shall be selected until a President or a Vice-President shall have qualified, in case of
death, permanent disability, or inability of the officials mentioned in the next preceding
paragraph.
Section 8. In case of death, permanent disability, removal from office, or resignation of the
President, the Vice-President shall become the President to serve the unexpired term. In case
of death, permanent disability, removal from office, or resignation of both the President and the
Vice-President, The President of the senate or, in case of his inability, The Speaker of the
House of Representatives, shall then act as President until the President or Vice-President shall
have been elected and qualified.

The Congress shall, by law, provide who serve as President in case of death permanent
disability, or resignation of the Acting President. He shall serve until the President or the VicePresident shall have been elected and qualified, and be subject to the same restriction of
powers and disqualifications as the Acting President.
Section 9. Whenever there is vacancy in the office of the Vice-President during the term for
which he was elected, the President shall nominate a Vice- President from among, the
Members of the Senate and the House of Representatives who shall assume office upon
confirmation by a majority vote of all Members of both House of the Congress voting separately.
Section 10. The Congress shall, at ten oclock in the morning of the third day after the vacancy
in the offices of the President and Vice-President occurs, convene in accordance with its rules
without need of a call and within seven days enact a law calling for a special election to elect a
President and a Vice-President to held not earlier than forty-five days or later than sixty days
from the time of such call. The Bill calling such special election shall be deemed under
paragraph 2, Section26, Article VI of this Constitution and shall become law upon its approval
on third reading by the Congress. Appropriations for the special election shall be charged
against any current appropriations and shall be exempt from the requirements of paragraph 4,
Section 25, Article VI of this Constitution. The convening of the election shall be called if the
vacancy occurs within eighteen months before the state of the next presidential election.
Section 11. Whenever the President transmits to the President of the Senate and the Speaker of
the House of Representatives his written declaration that he is usable to discharge the powers
and duties of his office, and until he transmits to them a written declaration to the contrary, such
powers and duties shall discharged by the Vice-President as Acting President.
Whenever a majority of all the Members of the Cabinet transmit to the President of the
Senate and to the Speaker of the House Of Representatives their written declaration that the
President is unable to discharge the powers and duties of his office, The Vice-President shall
immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President of the Senate and to the
Speaker of the House of Representative his written declaration that no inability exists, he shall
reassume the powers and duties of his office. Meanwhile, should a majority of all the Members
of the Cabinet transmit within five days to the President of the Senate and to the Speaker of the
House of Representatives their written declaration that the President is unable to discharge the
powers and duties his office, the Congress shall decide the issue. For that purpose, the
Congress shall convene, if it is not in session, within forty-eight hours, in accordance with its
rules and without need of call.
If the Congress within ten days after receipt of the last declaration or if not in session
within twelve days after it is required to assembled, determines two-thirds vote of both Houses,
voting separately, that the president is unable to discharge the powers and duties of his office,

the Vice-President shall act as President; otherwise, the President shall continue exercising the
powers and duties of his office.
Section12. In case of serious illness of the President, the public shall be informed the state of
his health. The Members of the Cabinet in charge of national security and foreign relations and
the Chief of Staff of the Armed Forces of the Philippines shall not be denied access to the
President during such illness.
Section13. The President, Vice-President, The Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provide in this Constitution, hold tenure, directly or
indirectly practice any other profession, participate in any business, or be financially interested
in any contract with, or in any franchise or instrumentality thereof, including government-owned
or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the
conduct of the office.
The spouse and relatives by consanguinity of a affinity within the fourth civil degree of
the President shall not during his tenure be appointed as Members of the Constitutional
Commissions, or the office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen
or heads of bureau or offices, including government-owned or controlled corporations and their
subsidiaries.
Section14. Appointments extended by an Acting President shall remain effective unless revoked
by the elected President within ninety days from his assumption or re-assumption of office.
Section15. Two months immediately before the next presidential election and up to the end of
his term, a President or Acting President shall not make appointments, except temporary
appointments to executive positions when continued vacancies therein will prejudice public
service or endanger public safety.
Section16. The President shall nominate and with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors, other public
ministers and consuls, or officers of the Armed Forces from the rank colonel or naval captain,
and other officers whose appointments are vested in him this Constitution. He shall also appoint
all other officers of the Government whos authorized by law to appoint. The Congress may, by
law, vest the appointment of other officers lower in rank in the President alone, in the courts, or
in the heads of departments, agencies, commissions, or boards.
The President shall have the power to make appointments during the recess of the
Congress, whether voluntary or compulsory, but such appointments shall be effective only until
disapproval by the Commission on Appointments or until the next adjournment of the Congress.
Section17. The President shall have control of all the executive departments, bureaus, and
offices. He shall ensure that the laws be faithfully executed.
Section18. The President shall be the Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he may call out such armed forces to prevent

or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the
public safety requires it, he may, for a period not exceeding sixty days, suspends the privileged
of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within
forty-eight hours from the proclamation of martial law or the suspension of the privilege of the
writ of habeas-corpus the President shall submit a report in person or in writing to the Congress.
The Congress voting jointly, by a vote of at least a majority of all its Members in regular or
special session may revoke such proclamation or suspension, which revocation shall not be set
aside by the President. Upon the initiative of the President, the Congress may, in the same
manner, extend such proclamation or suspension for a period of time to be determined by the
Congress, if the invasion or rebellion shall persists and public safety requires it.
The Congress if not in session, shall, within twenty-four hours following such
proclamation or suspension, convene in accordance with its rules without need of a call.
The Supreme Court may review, in an appropriate proceeding filed, by any citizen, the
sufficiency of the factual basis of the proclamation or martial law or the suspension of the
privilege of the writ or the extension thereof, and must promulgate its decision thereon within
thirty days from filling.
A state of martial law does not suspend the operation of the constitution, nor supplant
the functioning of the civil courts or legislative assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over civilians where civil courts are able to function
nor automatically suspend the privilege of the writ.
The suspension of the privilege of the writ, shall apply only to persons judicially charged
for rebellion or offenses inherent in or directly connected with invasion.
During the suspension of the privilege of the writ, any person thus arrested or detained
shall be judicially charged within three days, otherwise he shall be released.
Section19. Except in cases of impeachment, or as otherwise provided in this Constitution, the
President may grant reprieves, commutations, and pardons, and remit fines and forfeitures after
conviction by final judgement.
He shall also have the power to grant amnesty with the concurrence o f a majority of all
the Members of the Congress.
Section20. The President may contract or guarantee foreign loans on behalf of the Republic of
the Philippines with the prior concurrence of the Monetary Board, and subject to such limitations
as may be provided by law. The Monetary Board shall within thirty days from the end of every
quarter of the calendar year, submit to the Congress a complete report of its decisions on
applications for loans to be contracted or guaranteed by the Government or government-owned
and controlled corporations which would have the effect of increasing foreign debt, and
containing other matters as may be provided by law.

Section21. No treaty or international agreement shall be valid and effective unless concurred in
by at least two-thirds of all the Members of the Senate.
Section22. The President shall submit to the Congress within thirty days from the opening of
every regular session, as the basis of the general appropriations bill, a budget of expenditures
and sources of financing, including receipts from existing and proposed revenue measures.
Section23. The President shall address the Congress at the opening of its regular session. He
may also appear before it any other time.

Notes:
EXECUTIVE POWER
Concept
Executive power is the legal and political functions of the President involving the
exercise of discretion.
The executive power shall be vested in the President of the Philippines (Art. 7, Sec. 1).
Evidence of the Independence of the President
1.
2.
3.
4.
5.

He cannot be removed from the office, save in case of impeachment.

His Salary may not be increased or decrease during his term of office.
His executive actions cannot be supervised by the courts.
His executive power may not be impaired by Congress.
He cannot be sued during his term of office.

Qualifications of the President and Vice-President

The qualification of the President and Vice-President are the following:
1.
2.
3.
4.

Natural-born citizen of the Philippines

Registered voter
At least 40 years of age
At least 10 years residence in the Philippines immediately preceding the election.

Term of Office

The term of office of the President and Vice-President shall be for six years, which shall
begin at noon on the thirtieth day of June next following the day of election and shall end at
noon of the same day six years thereafter.
The President is not eligible for any re-election. The Vice-President is allowed to run up
to two terms only. No persons who has succeeded as President and has served as such for
more than four years shall be qualified for election to the same office at anytime.
Presidential Succession
If the president shall not have been chosen, the Vice-President-elect shall ACT as
President until the President-elect shall have qualified.
If the President-elect fails to qualify, the Vice-presidentelect shall Act as the President
until the President-elect shall have qualified.
Where no President and Vice-President shall have been chosen or qualified, and/or the
Senate President is not available, the Speaker of the House of Representatives shall ACT as
President until a President or Vice-President shall been chosen or qualified.
If the President-elect dies or incapacitated, the Vice-President shall BECOME the
President.
Thus, there are instances where the Vice-President shall act only and there are also
instances where the Vice-President shall become the President.
Prohibitions against the President and his official Family
Prohibitions against the President and his official Family are:
1. They cannot hold any other office or employment during their tenure.
2. They cannot directly or indirectly participate in any business.
3. They cannot directly or indirectly be financially interested in any contract with, or in any
franchise, or special privilege granted by the government.

POWERS OF THE PRESIDENT

The powers of the President are the following:
a)
b)
c)
d)
e)
f)
g)

Military power (he is the Commander-in-Chief of the Armed Forces of the Philippines);
Diplomatic power (he can enter into a treaty with another country);
Control (over appointed officials and cabinets);
General Supervision (over local government officials);
Appointment;
To grant amnesty with the concurrence of congress;
To grant pardon (includes parole, reprieve and commutation);

h)
i)
j)
k)

To declare martial law;

To Suspend the writ of habeas Corpus;
To deport aliens or the so-called persona-non-grata;
Residual Power (unstated power to do anything not forbidden by the Constitution for the
safeguard and welfare of the people);
l) To contract loan with the concurrence of the Monetary Board; and
m) Power to execute the laws of the land.

Problem:
May Congress grant emergency powers to the President?
Answer:
Yes. Section 23(2), Article 6 of the Constitution provides that
Congress may grant the President emergency powers subject to the
following conditions:
1.) There is a war or other national emergency,
2.) The grant of emergency powers must be for a limited period,
3.) The grant of emergency power is subject to such restriction
as Congress may prescribe; and,
4.) The emergency powers must be exercised to carry out a
declared national policy.

AMNESTY concurrence of Congress. Proclamation of the President.

Concept
Amnesty is an act of grace, concurred by Congress, usually extended to group of
persons who committed political offences.
PARDON is granted by the President. Act of forgiveness. Granted 4 infraction of peace of
State.Private act of the President.
Concept
Pardon ids an act of Grace which exempts a person, on whom it is bestowed, from the
punishments which the law inflicts for the crime he has committed.

PAROLE
Concept
Parole is the release of a person from imprisonment, but without full restoration of liberty,
as the parolee is still under the custody of the law.
RETRIVE
Concept
Reprieve is the postponement of a sentence or a stay of execution, usually a death of
sentence.
COMMUTATION
Concept

Commutation is the reduction of mitigation of the penalty.

Amnesty distinguished from Pardon

The distinctions are the following:
1.
2.
3.
4.

Amnesty is addressed to political offenses while pardon refers to any infractions of law.
Amnesty is granted to a class of persons; pardon is granted to individuals.
Amnesty need not be accepted; while pardon must be accepted.
Amnesty requires concurrence of Congress, pardon does not require any concurrence
from Congress
5. Amnesty is public act; pardon is a private act of the President
6. Amnesty looks backward and pus the offence in oblivion, while pardon looks forward and
relieves the pardoner of the consequences of his offense.
7. Amnesty may be given anytime, while pardon may only be given after conviction.
Problem:
Mr.
Bir A. Dor was convicted of murder. He appealed. While on appeal,
he was pardoned by the President. Is the pardon valid?
Prohibition In The Pardoning Power Of The President
Answer:
No,
The pardoning
power
the President
apply
in the following
cases,
pardon may
beofgranted
only shall
afternot
final
conviction.
(People
vs. namely:
Salle,
250 SCRA 581)
1. Impeachment,
2. Violation of election laws, unless recommended by the COMELEC,
3. Cases that are not yet final and executor,
4. Civil contempt,
5. Legislative contempt,
6. Civil liability of the convicts, and
7. The restoration of the public office forfeited.
APPOINTMENT

Concept
Appointment is the designation of a person, by an officer having authority therefore, to
discharge the duties of an office o trust.
The kinds of appointment are the following:
1. Regular
2. Ad-interim
3. Recess appointment
A regular appointment requires the confirmation of the Commission on Appointment
before the appointee can assume office.
An ad-interim appointment takes effect immediately. It is valid if it is confirmed by the
CA or until the next adjournment of Congress.
A recess appointment need no confirmation by the CA. It is valid effective immediately,
but temporary in the sense that it is valid until disapproved by the CA or until the next
adjournment of Congress.
CONTROL
Concept
Control means to direct, regulate or govern. It is power to override the decision or
an action of the subordinates. (Gonzales. Pol. Sci. 1966 Ed.)
SUPERVISION
Concept
Supervision is the oversight or inspection by a superior officer over the performance of
thing or work of the subordinates (Mondano vs. Silvosa, L-7708)
Limitations on the appointing power of the president
The limitations on the appointing power of the President are:
1. He cannot appoint his relatives within the 4th civil degree of consanguinity or affinity.
2. He cannot make appointment within two months period to regular election for President
and Vice President, except temporary appointments.
3. Appointments extended by an acting President shall remain effective, unless revoked by
the elected President within 90 days from his assumption.
Steps In Appointing Process
The steps in appointing process are
First:

Nomination of the President;

Second:

Confirmation by the CA;

Third:

Issuance of the commission; and

Fourth:

Acceptance by the appointee.

Thus, The Presidents nominates; the Commissions on Appointments; and thereafter the
President issues the commission.
MARTIAL LAW
Concept
There are three concepts of martial law, namely:
First
The military law power, that is, the body of administrative laws created by Congress for
the governance of the Armed Forces as the organized force.
Second
The principle governing the conduct of military forces in times of war and in the
government of occupied territory.
Third
The law which has application when the military arm does not supersede civil authority
but is called upon to aid in the execution of civil function.
The third concept of martial law is the one adopted by the 1987 Constitution (Art. 2, Sec,
,m 1987 Cons.). Thus, even during martial law, the civilian officers are still the ones supreme
over the military.
Grounds for the suspension of the writ of habeas corpus
The grounds for the suspension of the writ of habeas corpus are:
1. Invasion
2. Rebellion
Grounds for the declaration of martial law
The grounds for the declaration of martial law are the following:
1. Invasion
2. Rebellion, when the public safety requires it.

There is invasion if the country is attacked by another country; and there is rebellion
when a group of persons rise publicly and take up arms against the government.