LEGISLATIVE DEPARTMENT

Legislative Power
o the power to pass, propose, create, determine, and amend laws
o vested with Congress by express delegation of the people to them through the
constitution

Original Legislative power

o from the people themselves

Delegated Power
o exercised by the people

Constituent Power

power of the congress to propose amendments and revisions to the constitution

Limitation of the exercise of legislative

o Plenary - subject to substantive and procedural limitations
o Substantive

Should not be contrary to the bill of rights and existing laws unless they want
to repeal it

o Procedural

All bills must go through 3 readings

One title one subject matter rule

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.

This power is vested in the congress (composed of Senate and House of Representative)
o Congress (Senate and the House of Representatives)
o Bicameral presently
o We had a unicameral legislative body (Batasang Pambansa)

Advantages of unicameral

One house (lesser number of members, lesser expenses)

But can easily be controlled and dominated

Advantages of Bicameral

Can check each other

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.

Senate has 24 members elected at large (Nationwide)

o Cannot be increased by law
o What may be changed by congress is the manner of voting (from at large to by
region)

But elect only 12 senators every 3 years

House of Representatives become totally vacated elect new set of congressmen

For elective officials filing their candidacy for any other position and they lose the
election they can go back to their own position and finish their term because they owe it
to the people to finish their term because they were elected by the people

For appointed officials, the moment they file their candidacy they are disqualified to go
back to their appointed position

Section 3
No person shall be a Senator unless he is a natural-born citizen of the Philippines
and, on the day of the election, is at least thirty-five years of age, able to read and
write, a registered voter, and a resident of the Philippines for not less than two
years immediately preceding the day of the election.
Qualifications
o Natural born citizen
o On the date of the election, at least 35 years of age
o No specific educational attainment
o Resident of the Philippines immediately 2 years before the election

RA9165
o Anti-drugs law
o There was a requirement of a drug test for congress
o But it was stuck down since it was beyond the Congress to do this

Section 4
The term of office of the Senators shall be six years and shall commence, unless
otherwise provided by law, at noon on the thirtieth day of June next following their
election. No Senator shall serve for more than two consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term of which he was
elected.

Term of office is 6 years

No 2 successive terms

Tenure vs. Term

o Tenure actual exercise of the functions of the office, can be reduced or
lengthened by law without amending the constitution, may be ended by resigning
o Term cannot be changed by law; one has title to the office

Voluntary renunciation shall not be considered an interruption of the continuity of the

service of the full term
o Even if one resigns, it will mean that he served the full 6 years term
o If service was interrupted by preventive suspension which was not voluntary, you
are not severed from your office and still hold title as a senator and enjoy benefits,
therefore it is not an interruption, still continuing
o If dismissed from service, therefore it is an interruption of the continuity of service
and forfeiture from running for any public office

Oath of Office
o 30th day in noontime (may be changed)

Section 5
1) The House of Representatives 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 sectoral 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 reapportionment of legislative districts based on the standards
provided in this section.

250 members but now 281 (can actually be increased based on progressive and uniform
ratio; as poplution increases, representation may change)
Legislative district members

A legislative district must compose of municipalities and cities as far as practicable

adjacent and compact to each other
o Must be CONTINUOUS, COMPACT, and ADJUNCT with each other to avoid
Gerrymandering which is prohibited

Population requirement is 250k people

o But a province is entitled to one legislative district regardless of the population

Legislative districts are created by law

o Montejo vs. Comelec

Biliran was a sub-province before and municipalities were divided between

district 1 and 2

But when it became a province, it is now one legislative district

Comelec does not have the power to apportion legislative distrcts

Congress creates legislative districts

Population requirement is created by law

o Aldama et al vs. Comelec

Creating and apportionment of legislative departments are done by Congress

(exclusive)

Province no requirement for population, always entitled to one legislative district

City should be at least 250000 people

Party list members 20% of HR

Party-list system Representatives

Party-list representatives consists of 20% of the total members of the HR

RA 7941 (SELECTION OF PARTY REPRESENTATIVES)

o To democratize Congress to get more representatives from marginalized sector of
society
o Allowed to participate after accredited by the COMELEC
o Only up to 20% of Congress can be filled up by Party-list representatives
o How to accredit?

Go to COMELEC and petition to join the party-list system

PARAMATERS (Atong Paglaum Inc. Case)

The following may join the party-list system:

o National organizations and parties
o Regional Organizations and parties
o Sectoral Organizations and parties
National and regional do not need to represent marginalized or
underrepresented sectors but may represent an interest of a sector
National and Political parties can join party-list elections as long as they do not
field representatives in the district elections and do not need to represent any
marginalized and underrepresented sector
Sectoral organizations and parties may be marginalized and underrepresented or
lacking in well-defined political constituencies (Ang Ladlad vs. Comelec). It is
enough that their principal advocacy pertains to the special interest and concerns
of their sector
o Labor, peasant, fisherfolk, urban poor, indigenous cultural communities,
handicapped, veterans and overseas workers (marginalized and
underrepresented)
o Elderly, women, youth (no political constituencies)

Majority of members of sectoral parties must belong to marginalized and

underrepresented group
National, regional, sectoral parties should not be disqualified if some nominees are
disqualified
Disqualified are:*
o Religious sects
o Supported by the foreign government to avoid interference of foreign
authorities
o Parties which achieves goal through violent or unlawful means
o Foreign parties
o Parties that violate/fail to comply with election laws (Magdalo Group)
o Parties identified with government because it is subsidized by government
o Declaring untruthful statements in petition to join party-list system
o Those that ceased to exist for at least a year
o Those who failed to participate for the past 2 elections

No officers or employee of civil service shall engage directly or indirectly, in any

electioneering or partisan political campaign

Seat Allocation (BANAT Ruling) not more than 3 seats for each party
o Parties with at least 2% votes of the total votes one seat (Guaranteed Sit)
o All parties will be ranked then the top parties will get the rest of the remaining
seats one seat (Additional Seat)
o Parties with more than 2% votes one seat

Requirements according to Ang Ladlad Case or LGBT vs COMELEC case to represent

marginalized sector
o Past subordination and discrimination suffered by the group
o Immutable or distinguishing attribute
o Present economic and political powerlessness
o Historically disadvantaged

Qualifications (Sec. 6)
No person shall be a Member of the House of Representatives unless he is a naturalborn citizen of the Philippines and, on the day of the election, is at least twenty-five
years of age, able to read and write, and, except the party-list representatives, a
registered voter in the district in which he shall be elected, and a resident thereof
for a period of not less than one year immediately preceding the day of the election.

Natural-born citizen
25 years old on the day of election
Able to read and write
For district representatives: resident of district one year before election
Party reps: resident of the Philippines one year before election

o Also member of the organization 90 days before the election

Term (Sec. 7)
The Members 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 time shall not be considered as an
interruption in the continuity of his service for the full term for which he was
elected.

3 years (from June 30 noontime)

No more than 3 consecutive terms
Consecutiveness of terms and involuntary interruptions
Assuming a permanently vacated position when the original officer is removed and
you succeed by operation of law NOT considered a term
Serving 3 terms then did not seek 4th term but won in a recall election, considered an
interruption
Abolition of elective office due to municipality becoming a city, NOT an interruption
When candidate proclaimed winner but ousted from office due to election protest,
INTERRUPTION
But if official loses election protest after service of term, NOT interruption

Election (Section 8 and 9)

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.
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.

Regular Election
o Every second Monday
o Every after 3 years
Special Elections
o When there is vacancy in the senate or the house of rep
o It does not need to be filled up; decide not to do it and wait for regular election
o The person elected to fill up the vacant position will only serve for the rest of the
unexpired term
o Conditions
o The vacancy should not occur less than 18 months before the next election
election is coming up so might as well wait for elections and the term
will be very shortened already
The election should occur within 12 months since the vacancy
Staggering of Elections
o First election was in 1987, therefore the term of the senators will end in 1993
o In 1992, there was a law passed to synchronize the local and national elections
o There has to be a shortening of the tenure, so Senators tenure ended in 1992 and

o
o
o
o
o

had elections.
Staggering of the terms of office so that every three years the senate will not be
totally vacated
After the election of 1992, top 12 will serve for 6 years and other 12 will serve for 3
years.
After the election of 1995, bottom 12 of 1992 election will leave and new 12 will
serve for 6 years
After the election of 1998, top 12 of 1992 election will leave and new 12 will serve
for 6 years (Tenure actual filling of the position)
Every after 3 years we elect only 12 senators
Salaries (Section 10 and 20)

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.
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 an itemized list of amounts paid
to and expenses incurred for each Member.

Salaries/Compensation are fixed by law

o If they increase salary, Congress cannot enjoy the increase until the term of the
Congressmen have expired (to avoid graft and corruption)
Allowances are not (very abused)
But all accounts are open to the public for viewing and audited by Commission on Audit

records and books preserved and open to the public

clause in the Constitution that promotes TRANSPARENCY AND ACCOUNTABILITY*

Parliamentary Immunities (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.

Two Immunities:
o Privilege from Arrest
So that he can attend sessions
Cannot be detained for crime with more than 6 years imprisonment
Effective for the entire session (initial convening to final adjournment)
Continuous for around 30 days
But when convicted already, no longer immune from arrest
Jalosjos Case
While his case was pending in the supreme court, he ran as
congressman and won
When his conviction was confirmed by SC, he invoked his immunity
The fact that he was elected means he was chosen by people

Penalty is more than 6 years

Elected but the constituents voted because they were stupid and
knowing full well that he was convicted
They can only blame themselves
Trillanes Case
Charged with coup detat
He was actually number 4 in the election in the Senate
He demands to be represented
But he was charged with more than 6 years but not convicted for a
felony; therefore he cannot attend session
Until he was pardoned
Following the equal protection of rights clause, this immunity from arrest and
detention cannot be used because there cannot be a preference to
congressmen when they are convicted already

o Privilege of Speech and Debate

To express views without being held accountable for libel or slander
Conditions
Remarks made in session
Must be in connection with discharge of duties (not merely personal)
o But may be guilty of disorderly behavior which carries
administrative liability and up to Congress what disorderly
behavior is
Osmena vs. Pendaton Case
Accused of anomalies in the importation of rice by a congressmen with
no grounds at all
None can sue him because he had the privilege of speech and debate
But subject to disciplinary action
Freedom of Speech extends to actions that are communicative in
nature
o Reports that are derogatory of someone
o Extends to staff of congressman
o But never immune from administrative liabilities
PROHIBITONS IN LEGISLATIVE DEPARTMENT
Conflict of interest (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 filing of a proposed legislation of which they are authors.

Reducing potential for self-serving acts

must disclose their businesses because they may pass a law that may beneftit their
business
Incompatible and Forbidden Office (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 or the emoluments thereof
increased during the term for which he was elected.

Incompatible Office
o One cannot be a legislator and hold a position in another seat in a different branch
of government (to respect doctrine of separation of powers)
o Once elected to another position, position in Congress is terminated or you must
resign to be appointed to this position
o But can occupy second position if it is an extension of legislative duties
o cannot accept an executive position
o Liban vs. Gordon Case
Gordon was appointed as chairman to the Red Cross but was also a Senator
There was protest regarding this because he cannot be the chairman of the
Red Cross and a Senator at the same time because it is an incompatible
office
SC ruled in Gordons favor saying that the Red Cross is a private organization
and not government therefore he can be the chairman of it
Forbidden Office
o Member of Congress cannot forfeit seat in Congress if he wants to fill a position
that was created or given more emolument by the member of congress himself
during his term
o even if you resign, you cannot fill up these positions because the laws you make
may benefit the position
Appearing as Counsel and Entering into Business Contracts with Govt (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 quasijudicial and other administrative bodies. Neither shall he, directly or indirectly, be
interested financially in any contract with, or in any franchise or special privilege
granted by the Government, or any subdivision, agency, or instrumentality thereof,
including any government-owned or controlled corporation, or its subsidiary, during
his term of office. He shall not intervene in any matter before any office of the
Government for his pecuniary benefit or where he may be called upon to act on
account of his office.

most Congress are lawyers, cannot appear as counsel (personal appearance) to any
court of office, electoral tribunal, quasi-judicial and administrative bodies
o to avoid undue influence
o Puyat vs,. Guzman

he appeared as a lawyer but he was a senator

he instead bought a share in the stocks and appeared as a stockholder

but still disqualified

o but they're not prohibited from legal counseling

o they're not prohibited from signing pleadings, reply or rejoinder

entering into purely financial contracts that may be connected to government with the
purpose of business
o to get money or invest
o this may promote graft and corruption
o but if not for pecuniary benefit, it's ok
Sessions (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.
Sessions conducted by congress

Regular
o every fourth Monday of July, can be on a different day set by law
o 30 days until opening of next regular session excluding weekends and holidays
o no specific time they start, it continues for 30 days

Special/recess
o topic decided by president and called by him for urgent matters

Sinedie
o this is a sessions held by congress after they finish session of making laws
o this happens usually when their term is about to end, before election
o act as canvassers
o neither regular or special
o they still have obligations during this sessions

Officers in Congress (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) 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.

How do they choose?

o officers are senate president, pro tempore, majority floor leader, minority floor
leader, heads of different committees
o chosen by majority votes of their colleagues; meaning even if you come from a
less-known party, you can be elected to become senate president
o deputy speakers (4)

Rules and regulations in any legislative proposal

o discretionary of Congress to follow this, may even ignore this
o Arroyo vs. De Venecia

VAT law questioned

contention because there was not quorum when it was passed

but de Venecia refused

SC said that the congress had the discretion to follow their own rules or not

they are independent

Quorum (50% + 1)

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.

requisite number of members who should attend the session to legally pass a law or do
business

determined by the Rules and Regulations of Congress

o Avelino vs. Cuenco (50% + 1)

What is the basis of quorom?

it should be based on the number of members who are within the coercive
power of Congress

senate can compel a member to attend Session if they can be reached (but
never beyond the territory)

even if on a stretcher

Shifting majority
o the majority requirement may increase if members get into the coercive power of
congress

once quorum is done, the session will go on unless someone challenges the quorum

Disciplining Members
Each House may determine the rules of its proceedings, punish its Members for
disorderly behavior, 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.

this is how you cut-short terms of congressmen and senators (cant by impeachment)

discipline is exclusive to their own house for DISORDERLY BEHAVIOR (defined by

members themselves) only; impeachment has 6 grounds

must be decided by 2/3 votes and never by Judicial Review

3 senators are suspended currently by the Sandiganbayan

Does this violate separation of powers? NO

o because the nature of the suspension is not penalty but a PREVENTIVE
SUSPENSION (precautionary)
o Paredes vs. Sandiganbayan

sec of DOH then ran as congressman

charged with graft and corruption

filed in the Sandiganbayan

The preventive suspension imposed by the Sandiganbayan is not a

punishment but a precautionary measure so as to prevent tampering with
evidence which Paredes could do because of his power as a Congressman
(such is usually done for the some reason)

This is not a violation of the separation of powers and the prerogative of the
Congress

o Santiago vs Sandiganbayan

while commissioner of immigration foreigners giving gifts to officials

Santiago was sued

if the charge is valid and involving graft and corruption

Mitra and devenecia did not want Sandiganbayan to suspend Santiago

but this is a precautionary measure so that they will not use their influence
to destroy records

o Osmena vs. Pendaton

The SC can never subject disciplining of SC members by Judicial Review

UNLESS if there is a clear ABUSE OF DISCRETION AMOUNTING TO LACK OR IN
EXCESS OF JURISDICTION

Suspension by each house

o each house a committee on ethics and justice

o they investigate each member and the ground is only disorderly behavior
o suspension not more than 60 days (if more than 60 days, might as well expel)
o but the preventive suspension in Sandiganbayan is not more than 90 days

Records of proceedings
Each House shall keep a Journal of its proceedings, and from time to time publish
the same, excepting such parts as may, in its judgment, affect national security;
and the yeas 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

2 major sources
o JOURNAL

published from time to time

transcript of proceedings of deliberations

contains*

yeas and nays votes of members in a passage of a legislative proposal

Veto message of president

votes of the yeas and nays 2/3 after vetoed to override the Veto

yeas and nays with the results of the votes of the members of
Congress (requested by 1/5 of the members of the house) to be
entered in the journal

Value of journal - BINDING UPON THE COURTS must adopt them in toto

conclusive in evidence but between testimony of a member vs. Journal

(JOURNAL PREVAILS)

o ENROLLED BILL

certified by both officers of the houses

this is the version we approve

before submitted, enrolled to prevent insertion of other matters unrelated to

the bill

ENROLLED BILL VS. Tenor of legislative proposal

enrolled bill conclusive and prevails

cannot question enrolled bill

If ENROLLED BILL vs. JOURNAL

o Sulbido Case

Subject to tax is the material (journal)

but by-product (enrolled bill)

what must prevail is the ENROLLED BILL

Remedy is to amend and have it approved again in both houses

Electoral Tribunal and Commission on appointments (Section 17, 18, 19)

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
qualifications of their respective Members. Each Electoral Tribunal shall be
composed of nine 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

SET (Senate Electoral Tribunal) and HRET (House of Representatives Electoral Tribunal)

9 members each (3 SC Justices , 6 others from house representing proportionately

according to political party)
o Chairman - most senior justice

Members from the house

o chosen by proportionate representation by political party*
o if more members coming from political parties, bigger chance to get a seat
o due to party-list reps being small in number, Congress will have to decide on their
own how they can join the ET

they may form a coalition with large sectoral orgs in Congress to get a
chance

o Pimentel vs. Exec Sect

must always comply with proportionate representation

membership in the electoral tribunal enjoys tenure and independent from Congress AND
your political party to maintain IMPARTIALITY of the Electoral Tribunal

Also to protect them from being expelled by the party

Bundoc vs. Pineda

o Bundoc was a member of the ET and a member of a certain political party
o He voted against a fellow member and was expelled from the political party for it

o SC said that it is not allowed because he has security of tenure and is independent
from the political party

if the subject of the tribunal is a co-member of a a member of tribunal

Not a ground to remove from tribunal cannot be removed to maintain independence from
legislative

Function
o decide whether to disqualify:

qualified or not

fraud

disloyalty

TO BE SUBJECT TO THE JURISDICTION OF THE ELECTORAL TRIBUNAL

o FIRST REQUISITE ELECTION PROTEST

when there is an election contest - loser and winner

protest to remove the winner to replace with loser

Petition co-warrant to recover position

If the winner ran as the only one in the district, can he still be subject to
tribunal?

they do not have jurisdiction if there is NO CONTEST

BUT SC said CONGRESS is never barred from conducting investigation

in exclusion proceeding to disqualify this congressman.

then may call for special election

o SECOND REQUISITE

must be a member of the congress

take oath of office and proclaimed winner

then electoral tribunal will have exclusive jurisdiction

before proclamation it is up to the COMELEC

Cudilla vs. De venecia

o Cudilla was disqualified for electioneering and his opponent, locsin won
o Cudilla filed for motion of reconsideration, he was not engaged of electioneering
(according to him) and was filed on time

o COMELEC believed him and said he should not be disqualified

o Locsin was already proclaimed by this time
o de Venecia advised Cudilla to go to electoral tribunal and file a quo warranto for
Election protest
o BUT De Venecia was WRONG

SC said that because Cudilla was able to file the case with COMELEC on time,
Locsins proclamation was INVALID

Therefor it was still WELL-WITHN COMELECs jurisdiction to handle the case

Limkaichong Case
o A case was pending regarding her citizenship but won the Election
o Resolution already passed by COMELEC to nullify this requirement

All those who have won the election without prejudice of the pendency of
disqualification case are declared winners

o Does the electoral tribunal have jurisdiction in the case of Limkaichong?

yes they do because she was already proclaimed winner

Sibak Case
o validity of nomination
o chairmen presented nominees
o sec gen presented nominees
o there is a question of leadership
o whose jurisdiction to decide
o it should be the COMELEC because this is a question of leadership in a political
party

in case you lose case in Electoral tribunal NO APPEAL

o the ET is the sole judge

Commission of Appointments
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
organizations registered under the party-list system represented therein. The
Chairman of the Commission shall not vote, except in case of a tie. 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 the Members.

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 on 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.

12 senators and 12 HR

presided by the President of the Senate

all 24 need not be filled up (HIGHLY PARTISAN, you need to be part of a party if you want
to join COA)

Appointments requiring appointments*

o heads of the executive department
o officers of the AFP Col to General, Navy captain to admiral,
o ambassadors, consuls
o members of the judicial and bar council
o Commissioners of the COMELEC, CSS, COA

How are appointments made?

o CA will meet if only with congress in session

KINDS OF APPOINTMENTS

REGULAR APPOINTMENT
o President makes a nomination
o then submitted to the CA
o CA has 30 days to act
o if disapproved, cannot renominate
o if approved, appointee will take oath of office upon approval of the CA
o if CA does not act, nomination bypassed but can be renominated by the President
o meaning the president can renominate the person in the next session (OIC)
o Acting Capacity Appointment

The president can appoint temporarily and it will be effective immediately

Which means the appointment will end in the next adjournment

automatically, unless confirmed by the CA

Can be reappointed and no need for confirmation, but will end in the next
adjournment again

RECESS/ AD INTERIUM APPOINTMENT

o if no congress in session, president can make appointments
o effective and valid unless revoked and disapproved by CA
o if approved, continues security of tenure
o if bypassed, effective until adjournment of next session
o it will be PERMANENT and effective immediately

Matibag case
o appointment of commissioner of COMELEC
o 7 years term without reappointment (refers to a regular appointment only)
o his appointment was not approved but bypassed in a recess appointment
o his appointment is effective until adjournment
o but it was questioned because there should be no reappointment
o SC said if it was done in a RECESS APPOINTMENT (which is permanent until next
adjournment), one can be reappointed
o If it was CA who confirmed the Appointment, there cannot be a reappointment

again

Pimentel Case
o some names were not submitted to the COA for confirmation
o president refused said that it was only in acting capacity, just to fill up the gap
o SC said it is ok because it is only temporary

Legislative Inquiry (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.
To aid legislative enactments
Legislative inquiry and Question Hour as part of the oversight function of congress

Legislative inquiry
o It is the power of congress (OR ANY LEGISLATIVE BODY) to inquire into any matter
that may be a subject of legislative enactment
o Cabinet member cannot say no to Congress if required to appear
o ANY PERSON including the cabinet members, except of the President(executive
privilege), and SC's Justice (Judicial privilege)
o no need for pendency of a bill to speak about a subject, as long as relevant to the
Congress

CONDITIONS FOR LEGISLATIVE INQUIRY

Must be in AID OF LEGISLATION

o Power of inquiry is essential and appropriate auxiliary to the legislative function
o Cannot legislate wisely or effectively win the absence of information respecting the

conditions which the legislation is intended to affect or change

o This is to establish the jurisdiction of the legislative when they make laws in a
specific subject matter
o Cannot have legislative inquiry if the purpose of which is to find out whether one is
guilty of violations against the law or not (Bengzon Jr. Vs. Blue Ribbon Committee

Must be in ACCORDANCE WITH PUBLISHED RULES OF PROCEDURE

o Rules and procedures will be changed every new Congress

Although Congress is a continuing institution, it acts separately and

independently from the previous Congress in its day to day business, which
means they must always publish their Rules and Regulations

o Rules and Procedures MUST be published (if not published, VOID because it will be
a violation against the rights of the person appearing in a legislative inquiry)
o In the absence of published rules, investigation cannot proceed
o Cannot just be shown in the internet, must actually be punished in the Official
Gazette

RIGHTS OF PERSONS APPEARING IN OR AFFECTED BY SUCH INQUIRIES SHALL

BE RESPECTED, ALSO PRINCIPLES AND OTHER PREROGATIVES
o Sub Judice Principle

Restricts comments and disclosures pertaining to judicial proceedings to

avoid prejudging the issue, influencing the court, or obstructing the
administration of justice

MEDIA CANNOT DISCLOSE INFORMATION to what transpired in COURT

When a case is pending in court, can it be inquired into? NO!!

Bengzon Case

cannot be inquired anymore because it should already be a criminal

case

o Right against Self-incrimination

o Right to Privacy
o Executive Privilege

President may invoke EXECUTIVE PRIVILEGE to not appear before

Congress (this does not extend to Cabinet Members) EO461

It is the implied power of the president to withhold information requested by

other branches of the government

The constitution does not expressly grant this power to the president but
courts have long recognized implied presidential powers necessary and
proper in carrying out powers and functions expressly granted to the
executive under the Constitution

Arroyo passed a law that makes all cabinet members enjoy Executive
Privilege so that they do not appear in a legislative inquiry without the
consent of the president

But this was declared to NOT extend to Cabinet Members

ANY PERSON
including the cabinet members, except of the
President(executive privilege), and SC's Justice (Judicial privilege)
BUT Executive privilege will only involve the INFORMATION you have that
involves the president

Operational Proximity Test - information involving consultancy with

the president cannot be disclosed if the president invokes executive
privilege

o ZTE Scandal

Neri was asked to appear before Congress

Neri did not want to disclose to the Congress what Neri and Erap talked
about

Congress ordered Neri's arrest because he won't say anything

if you do not appear, you can be arrested and detained unless you answer (Arnault Vs
Nazareno)
o if senate cites you for contempt, it will be indefinite and continuing
o if HR, just 3 years

Section 22 Question Hour

The heads of departments may upon their own initiative, with the consent of the
President, or upon the request of either House, as the rules of each House shall
provide, appear before and be heard by such House on any matter pertaining to
their departments. Written questions shall be submitted to the President of the
Senate or the Speaker of the House of Representatives at least three days before
their scheduled appearance. Interpellations shall not be limited to written
questions, but may cover matters related thereto. When the security of the State or
the public interest so requires and the President so states in writing, the
appearance shall be conducted in executive session.

Question Hour
o When a member of congress will request a cabinet member to appear before them
in order to answer to some queries as a form of oversight with respect to laws
already passed to enhance or repeal it as part of supervision for laws already
passed

o Only Cabinet Members or the President can be summoned but may not appear
without the presidents consent
o Cabinet member may request to have an audience before the Congress but
Congress is not required to hold an audience with the cabinet member

Oversight Function through Question Hour

o Embraces all activities done by congress to enhance its understanding and
influence over the implementation of legislation it has enacted

To monitor bureaucratic compliance of programs activities

To determine whether the agencies are properly administered
To eliminate executive waste and dishonesty
To prevent usurpation of legislative authority
To assess executive conformity with congressional perception of public
interest

What are the acts done by Congress for oversight?

o Scrutiny of laws already passed as well as supervision and investigation
o Follow up on laws that are to be enforced by the different departments

Difference between Legislative Inquiry and Question Hour (Senate vs. Ermita)
Question Hour

Legislative Inquiry

Executive Heads only can be

summoned

ANYONE can be summoned

Summons by the Congress is

SUBJECT TO THE CONSENT OF THE
PRESIDENT

Summons by the Congress is

MANDATORY

To know how LAWS ALREADY PASSED

ARE BEING IMPLEMENTED
(OVERSIGHT FUNCTION)

To obtain information in the AID OF

LEGISLATION (no pending bill may be
done)

Cabinet members may not appear if

President does not want the him or
her to appear due to SEPARATION OF
POWERS

Cabinet members and anyone has to

appear and the president CANNOT
BAR the LEGISLATIVE FUNCTION
which needs information to be
obtained with LEGISLATIVE INQUIRY

Emergency Powers (Section 23)

(1) The Congress, by a vote of two-thirds of both Houses in joint session assembled,
voting separately, shall have the sole power to declare the existence of a state of
war.
(2) In times of war or other national emergency, the Congress may, by law,
authorize the President, for a limited period and subject to such restrictions as it
may prescribe, to exercise powers necessary and proper to carry out a declared
national policy. Unless sooner withdrawn by resolution of the Congress, such
powers shall cease upon the next adjournment thereof.

Emergency Powers of President as part of the legislative powers of the president

May be delegated to the president in cases of war and national emergency

Only done through a statute, without Congress no emergency power

President can only declare a state of emergency

o When granted emergency power, subsists until next session of Congress

Declaration of War
o For a declaration of war to be made, there must be 2/3 vote of both houses in
Congress

Power of Appropriation of Congress and Transfer funds (Section 24 and 25)

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.
(1) The Congress may not increase the appropriations recommended by the
President for the operation of the Government as specified in the budget. The form,
content, and manner of preparation of the budget shall be prescribed by law.
(2) No provision or enactment shall be embraced in the general appropriations bill
unless it relates specifically to some particular appropriation therein. Any such
provision or enactment shall be limited in its operation to the appropriation to
which it relates.
(3) The procedure in approving appropriations for the Congress shall strictly follow
the procedure for approving appropriations for other departments and agencies.
(4) A special appropriations bill shall specify the purpose for which it is intended,
and shall be supported by funds actually available as certified by the National
Treasurer, or to be raised by a corresponding revenue proposed therein.
(5) No law shall be passed authorizing any transfer of appropriations; however, the
President, the President of the Senate, the Speaker of the House of
Representatives, the Chief Justice of the Supreme Court, and the heads of
Constitutional Commissions may, by law, be authorized to augment any item in the
general appropriations law for their respective offices from savings in other items
of their respective appropriations.
(6) Discretionary funds appropriated for particular officials shall be disbursed only
for public purposes to be supported by appropriate vouchers and subject to such
guidelines as may be prescribed by law.
(7) If, by the end of any fiscal year, the Congress shall have failed to pass the
general appropriations bill for the ensuing fiscal year, the general appropriations
law for the preceding fiscal year shall be deemed reenacted and shall remain in
force and effect until the general appropriations bill is passed by the Congress.

LIMITATIONS ON CONGRESS (IMPORTANT)

o All appropriations, revenue or tariff bills, bills authorizing increase of the public
debt, bills of local application, and private bills must originate from the HR
o Congress cant increase appropriation recommended by the President in the
budget
o Congress cannot put in unrelated subject matter into appropriation bills
o Congress cannot make their own procedure for approving appropriations for itself
different from approving appropriations for others
o SPECIAL APPROPRIATIONS must specify for what purpose it is made and must be
paid by the National Treasury (if the funds from the Treasury is not enough, then
specify where to get the funds)
o Congress is limited in transferring funds
o Discretionary funds for particular officials will be disbursed ONLY for PUBLIC
PURPOSES (to avoid abuse)
o Congress cannot cripple the economy by not making a new GENERAL appropriation
bill for the next fiscal year (always a appropriation)
o Appropriation cannot be done for religious purposes
o General appropriation law must be based on the budget of the president

General rule:
o An appropriation is a statute with the primary and specific purpose of which is to
authorize the release of public funds from the treasury

Either GENERAL or SPECIAL (discussed below)

o Congress appropriates funds, President prepares budget and list of expense and
amount
o Budget will be submitted to Congress
o Congress then will determine the reasonableness of expenses and amount asked
to implement the expenses
o Amounts cannot be increased as stated in the budget
o Each branch has their allotted budget and a specific item for an expense
o There are savings after spending, becomes saving at the end of the Fiscal year
o But savings for one thing cannot be transferred to another branch (cannot just
transfer savings to anywhere)
o Cannot juggle funds (Prohibited)
o EXCEPTIONS:

If it authorized by law

If it is the president makes the transfer within the executive department to

augment within the branch

Senate president also authorized to do that (Enrile giving gifts to Senators he

favors) discretionary

Speaker of the House is also authorized

SC justice

Ombudsman

Disbursement Acceleration Fund

Intention of the president was to accelerate programs for government to advance

economy

Transfer funds to agencies with less hassle and less corruption in order to enhance the
economy

How was it done?

o President has a budget
o To get savings from the different departments of the branch
o Savings at the end of the fiscal year
o There may have been some positions that have not been filled up therefore some
money will not be used and it accumulates at the end of the year
o Some projects do not push through, therefore some money left
o Project was completed but some money not used
o Implementation of the ACT
o Declared savings every QUARTER not at the END OF THE FISCAL Year
o Pooled all these savings and created DAP
o Which is contrary to the concept of savings which may be actually still needed
before the end of the year
o Executive branch also earned revenue and considered these as savings too
o Savings were spent as how the president wanted it to be spent
o Savings went to projects NEVER MENTIONED IN THE GAA (they were supposed to
be other projects)
o VIOLATES SEPARATION OF POWERS
o Savings were also applied OUTSIDE THE BRANCH (COMMISSION ON AUDIT)
o Used for cars and computers and legal experts (cross-border transfers it should
always be within the same branch)
o SC declared it UNCONSTITUTIONAL

Creating savings prior to fiscal year

Cross-border transfer between branches
The allotment of funds for projects that were never mentioned in GAA

Operative Fact Doctrine

o Unconstitutionality of a law will not apply to acts done prior to the declaration of
such
o Cannot undo infrastructure created by such laws
o As long as it made some improvements
o BUT liabilities will be enforced (all involved in the unconstitutional law)

Good faith is ineffectual (Even though the president thought it was done for
the betterment of the country, good faith is of no moment to technical
malversation)

KINDS OF BILLS
o General Appropriation Act

What must be placed here?

Annual Budget for the Country (can be decreased but never increased)

Only appropriation subjects, never subjects not within appropriation

Cannot insert anything else, only expenditures

o Special Appropriation Act

For a specific project, state source of revenue always (either Treasury or

other sources

Cannot enforce without money, may be from the national treasury

Automatic Re-appropriation
o In case congress was not able to make a GAA for the next fiscal year, the old GAA
of the previous fiscal year is deemed continued in operation notwithstanding the
lapse of the fiscal year for which it was originally intended until the Congress
enacts a new GAA

Automatic Appropriation
o In order to pay there must be appropriation
o the payment of the first loan it is not automatic, need appropriation law
o Subsequent payments is already automatically carried over
o

appropriation applies only to payment of obligations of government that are

already determinable

How Laws are Passed (Section 26 and 27)

(1) Every bill passed by the Congress shall embrace 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
yeas and nays entered in the Journal.
(1) Every bill passed by the Congress shall, before it becomes a law, be presented
to the President. If he approves the same, he shall sign it; otherwise, he shall veto
it and return the same with his objections to the House where it originated, which
shall enter the objections at large in its Journal and proceed to reconsider it. If,
after such reconsideration, two-thirds of all the Members of such House shall agree
to pass the bill, it shall be sent, together with the objections, to the other House by
which it shall likewise be reconsidered, and if approved by two-thirds of all the
Members of that House, it shall become a law. In all such cases, the votes of each
House shall be determined by yeas or nays, and the names of the Members voting
for or against shall be entered in its Journal. The President shall communicate his
veto of any bill to the House where it originated within thirty days after the date of
receipt thereof; otherwise, it shall become a law as if he had signed it.
(2) The President shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or items
to which he does not object.
How laws are passed
o Proposed bills must be calendared by the secretary of the house
o Limitations

Must embrace only one subject matter, should not be an insertion of other
matters

Must not be contrary to Constitution

o First reading

Sec of the house reads only the title

It will then be referred to the committee in charge of the subject

Committee will have discretion over the bill (no obligation up to the
committee if they want to act on it with research and create amendments by
substitutions)

o Second reading

Introduced in a plenary session in each house

The bill will be read and the provisions

Debating and privilege speeches

Changes introduced

Then after it will be printed and submitted to the house members

o Third Reading

Read only the title and Then make a vote

Then after one house, goes to the other house and goes through the same 3
readings

Bills must always go through three readings (INDISPENSIBLE)

Only the number of days may be dispensed with

Bicameral Conference Committee

o If two houses cannot agree with each other, bill can be referred here
o Consists of members from senate and house of reps to reconcile difference
between the houses and change some things in the bill
o But must always still be voted on by both houses

When bill approved by both houses already

o Bill will be enrolled to make sure it will be protected from insertion of other
subjective matters
o Submitted to the president must act within 30 days
o If no action, executive inaction the bill becomes a law (in contrast to pocket veto)
o If approved, becomes a law
o If denied, return the bill with recommendations to the house of origins
o Itemized veto may veto amount but not project
o Provisions not vetoed by president can stand alone

House of Representatives may adhere to recommendations

But may also be voted upon the bill again with 2/3 votes from both HR and Senate
to override veto of the president (Removal of emergency powers, cannot be
vetoed)
o If no 2/3 votes, dead bill

Laws that must always originate from House of Representatives:

o Appropriation bills (they represent districts, closer to the people)

Authority to disburse public funds

May be general or special

o Tariff/revenue bills

Designed to raise money or revenue through imposition of levy

o Local or private bills

For matters relating to LGUs

o Bills proposing increase of public debt

Once house of reps passed it to the senate, senate can change the whole bill
(amendment by substitution)
Taxation (Section 28)

(1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a
progressive system of taxation.
(2) The Congress may, by law, authorize the President to fix within specified limits,
and subject to such limitations and restrictions as it may impose, tariff rates, import
and export quotas, tonnage and wharfage dues, and other duties or imposts within
the framework of the national development program of the Government.
(3) Charitable institutions, churches and parsonages or convents appurtenant
thereto, mosques, non-profit cemeteries, and all lands, buildings, and
improvements, actually, directly, and exclusively used for religious, charitable, or
educational purposes shall be exempt from taxation.
(4) No law granting any tax exemption shall be passed without the concurrence of a
majority of all the Members of the Congress.

Raising revenue vested in Congress

It may be delegated to the president by way of tariff rates, import and export quotas,
tonnage and wharfage dues as long as it is for the improvement of the economy (not
self-executing must be granted)

Characteristic of our taxation*

o Uniform persons or things belonging to the same class shall be taxed at the
same rate
o Equitable tax burden must be imposed according to the taxpayers capacity to
pay
o Progressive tends to accelerate instead of arrest economic growth

Tax Exemptions
o BY STATUTE: There has to be a law voted by majority votes to grant tax exemptions
to people

Exemptions by law

Being head of the law

Being married

o BY CONSTITUTIONAL EXEMPTION: only property tax

Charitable Institutions

Churches and Parsonages

Convents

Mosques

Non-profit Cemeteries

All lands and buildings and improvements ACTUALLY, DIRECTLY, AND

EXLUSIVELY USED for RELIGIOUS, CHARITABLE, or EDUCATIONAL PURPOSES

How about the farm lands for the subsistence of the monks? It is exempted
but selling produce is subject to tax already

If the establishment is already earning revenue, it will be subjected to

taxation

No money for the Church (Section 29)

(1) No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law.
(2) No public money or property shall be appropriated, applied, paid, or employed,
directly or indirectly, for the use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of religion, or of any priest, preacher,
minister, or other religious teacher, or dignitary as such, except when such priest,
preacher, minister, or dignitary is assigned to the armed forces, or to any penal
institution, or government orphanage or leprosarium.
(3) All money collected on any tax levied for a special purpose shall be treated as a
special fund and paid out for such purpose only. If the purpose for which a special
fund was created has been fulfilled or abandoned, the balance, if any, shall be
transferred to the general funds of the Government.

Previously talked about in the DAP case (first paragraph)

Second Paragraph

No money spent or appropriated for the church

EXCEPT for Ministers working in:*

o Military units
o Penal institutions
o Government orphanage and leprosarium

Special funds not spent will go back to general funds

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.

Original and Appellate Jurisdiction of the Supreme Court

Congress determines jurisdiction but can it increase original and appellate jurisdiction?

It can increase original jurisdiction but must ask consent from the courts to increase
appellate jurisdiction

Fabian vs. Desierto

o RA 6770 (Ombudsman Act)
o Administrative cases with the ombudsman goes to the SC on certiorari
o SC were not informed of it and then declared it unconstitutional
o It must go through Court of Appeals

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

The president cannot be proclaimed the king of the Philippines because our system is
egalitarian and democratic

Section 32
The Congress shall, as early as possible, provide for a system of initiative and
referendum, and the exceptions therefrom, 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 the registration of a petition therefor
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.

Initiative and Referendum (RA6735)

People exercising legislative power must comply with RA6735

Referendum
o only in statutes and local legislation
o Congress proposes to the people in a referendum instead of giving it to the
president (whether they will approve or not)
o A method of submitting an important legislative measure to a direct vote of the
people as a whole
o The power of the electorate to approve or reject a legislation through an election
called for the purpose

People Exercise sovereignty when:

o Amendment/revision of constitution may be rejected/accepted by people in a

o
o
o
o

plebiscite
Election of officials
Congress may pass laws but may still be rejected in a plebiscite
Direct removal of a local official in a locality
Peoples initiative/referendum to directly pass laws
Requisites
Amendment (12% total, 3% from each district)
National Legislation (10%, 3% from each district)
Autonomous Regions (2000 voters)
Provinces (1000)
Cities (500)
Municipalities (100)
Barangay (50)