COMPOSITION OF THE SENATE:
to legislative districts X 0.20 = # of
Composed of 24 senators elected at large
Qualifications:
o Natural born citizen of the
Philippines
o At least 35 years old on the day of the
election
o Literate
o Registered voter
o 2 year residency in the Philippines
Term of office:
o 6 years, and shall commence on June
30th following their election, UNLESS
PROVIDED OTHERWISE
o shall NOT serve for more than 2
consecutive years
o one-half is replaced or re-elected
every 3 years
COMPOSITION OF THE HOUSE OF
REPRESENTATIVES:
Composed of not more than 250 members
o DISTRICT REPRESENTATIVES:
Created by law and its
creation does not need
confirmation by plebiscite IF
IT DOES NOT INVOLVE THE
CREATION OF AN LGU
Apportioned: each legislative
district shall comprise, as far
as practicable, contiguous,
compact, and adjacent
territory. Each city with a
population of AT LEAST
250,000 shall have ONE
REPRESENTATIVE.
Underlying principle for the
rule of apportionment is the
concept of EQUALITY OF
REPRESENTATION which is
a basic principle of
republicanism
GERRYMANDERING:
formation of one legislative
district out of separate
territories for the purpose of
favoring a candidate or a
party-list, is not allowed.
o PARTY LIST REPRESENTATIVES
(RA7491):
Constitutes 20% of the total
membership of the body,,
including such
representatives
Proportional representation
Ceiling for party-list
representatives in Congress
(Veterans VS. COMELEC):
# of seats available
0.80 seats
available
for party-
list
representatives
Qualifications:
o Natural born citizen of the
Philippines
o At least 25 years old on the day of the
election
o Literate
o Registered voter in the district he is
elected
o Resident thereof for no less than
1year
NOTE: the last 2
qualifications are not
applicable to party-list
representatives
RESIDENCY QUALIFICATION
(Romualdez-Marcos VS. COMELEC)
What is required is DOMICILE, not temporary
residence
Normally, ones domicile is his domicile of
origin, if a person loses his/her domicile
either voluntarily for a new one or by
marriage to a husband who dictates the wifes
domicile, should be pre-domiciled in the new
place for at least one year IMMEDIATELY
preceding the election
To demonstrate an abandonment of previous
domicile:
o Actual removal or actual change of
domicile
o Bonafide intention of abandoning the
former place of residence and
establishing a new one and definite
acts which correspond with the
purpose
Term of office:
o 3 years, which shall commence at
12NN on June 30th next following
their election
o shall NOT serve for more than 3
consecutive terms
o synchronized with the senate
elections (3 years staggering)
In case of vacancy:
o A special election MAY BE CALLED to
fill in such vacancy, but the Senator
or Member of the House of
Representatives thus elected shall
serve for the UNEXPIRED TERM only
PRIVILEGE FROM ARREST:
Immunity from civil and criminal offenses
punishable by not more than 6 years
imprisonment when the Congress is in
session
Immunity may NOT be invoked in cases of
murder, but available if in cases of slight
physical injuries
Session the entire period from the initial
convening until the final adjournment
Immunity does not cover immunity from
being filed a suit
Section 15: Congress shall convene once every
year on the 4th Monday of July for its regular
session
Mandatory recess prescribed for the next 30
days period before the opening of the next
regular session
PRIVILEGE FROM SPEECH AND DEBATE:
It is a protection only against forums other
than the Congress itself
Includes utterances made in the performance
of official functions, statements made, votes
cast, as well as bills introduced and other acts
done in the performance of official duties
Remarks must be made while the legislature
or legislative committee is functioning and
must be made in connection with the
discharge of official duties
IMCOMPATIBLE OFFICE
No simultaneous holding of ANY government
position while holding a seat in Congress
(Section 13, 1st sentence)
FORBIDDEN OFFICE
Cannot be appointed to any office which may
have been created or the emoluments thereof
increased during the term for which he was
elected
PROHIBITIONS OF CONGRESS:
Disqualifications:
o Forbidden Office
o Incompatible Office
On lawyer-legislators:
o To personally appear as counsel
before any court of justice or
electoral tribunal
Conflict of interest:
o To be interested financially, in any
contract with, or any franchise or
special privilege granted by the
government [xxx] during his term of
office
o To intervene in any matter before
any office of the government for his
pecuniary benefit or intervene in any
matter
SENATE PRESIDENT AND SPEAKER OF THE HOUSE:
Elected by MAJORITY vote of all its respective
members
Quorum is based on the proportion between
those physically present and the total
membership of the body (Osmea VS
Pendatun)
DISCIPLINE OF MEMBERS:
Each house is the sole judge of what
disorderly behavior is, the Court may not
intervene
Each house may determine the rules of its
proceedings; rules adopted by deliberate
bodies are subject to revocation, modification,
or waiver by the body adopting them
Each house may, with the concurrence of 2/3
of ALL ITS MEMBERS, suspend or expel a
member
Suspension shall NOT exceed 60 days
ENROLLED BILL (DOCTRINE):
One which has been duly introduced, finally
passed by both houses, signed by the proper
officers of each, approved by the governor
and filed by the Secretary of the State
Official copy or approved legislation and
bears the certification of the presiding officer
of the legislative body
ELECTORAL TRIBUNAL
Independent tribunal
Composition:
o 3 members from the Supreme Court
o 6 members from the respective
House
Jurisdiction:
o Comes only AFTER a valid
proclamation of the winner
Congressmen who will be chosen to compose
the ET shall be chosen on the basis of
proportional representation from the political
and party-list parties
Chairman shall be the SENIOR JUSTICE
Given a security of tenure
Sole judge of ALL contests relating to
elections, returns, and qualifications of their
respective members
COMMISSION ON APPOINTMENT:
Composition:
o The Senate President
o 12 Senators
o 12 Members of the House of
Representatives
Members are elected by each house according
to proportional representation of the parties
The Chairman votes ONLY to break a tie
Acts as a legislative check on the appointing
authority of the President. For the of the
 effectivity of the appointment of certain key
officials, the consent of the CA is NEEDED.
Shall act on ALL appointments submitted to it
within 30 session days of the Congress FROM
the submission
Rule on a majority vote of ALL ITS MEMBERS
AD INTERIM APPOINTMENT:
Effective only until disapproval by the CA or
until the next adjournment of the Congress
Made by the President while Congress is NOT
in session, and it takes effect immediately, but
ceases to be valid if disapproved by the CA
Intended to prevent interruptions in vital
government services that would otherwise
result from prolonged vacancy
PROCEDURE OF BILL TO LAW:
Bill is INTRODUCED by any member except
for some that should originate only in the
former chamber
FIRST READING: reading only of the title and
number of the measure and its referral by the
SP or SHR to the proper committee for study
The bill may be KILLED or RECOMMENDED
for approval, with or without amendments
SECOND READING: bull is read in its entirety,
scrutinized, debated upon and amended when
desired
THIRD READING: second reading is printed in
its final form and copies thereof are
distributed at least 3 days before the reading.
Members register their votes.
Bill passes 3rd reading, it is sent to the other
chamber, where it will also undergo 3
readings.
If approved by both houses, it will be
submitted to the President
Bill is ENROLLED when it is PRINTED as
finally approved by the Congress,
authenticated with the signatures of the SP,
SHR, Secretaries and the President
BILLS REQUIRED TO ORIGINATE FROM THE HOUSE
OF REPRESENTATIVES:
Appropriation Bill releases public treasury
funds
Revenue/Tariff Bill levies taxes; specifies
rates in imported articles
Bills authorizing increase of public debt
floating bond
Bills of local application city charter
Private Bills naturalization of a foreigner
EVERY BILL PASSED BY CONGRESS SHALL
EMBRACE ONLY ONE SUBJECT SHALL BE
EXPRESSED IN THE TITLE THEREOF
To prevent HODGE-PODGE or LOG-ROLLING,
SURPRISE or FRAUD
METHODS BY WHICH A BILL BECOMES A LAW:
When the President signs it
When the President vetoes it but is
overridden by 2/3 vote of ALL MEMBERS OF
EACH HOUSE
When the President does not act upon it
within 30days after it shall have been
presented to him
LEGISLATIVE INQUIRIES:
Granted to the Senate and House of
Representatives, also any of their respective
committees. (power of inquiry)
Essential and appropriate auxiliary to the
legislative action; power of legislative
investigation may be implied from the
express power of legislation and does not
itself have to be expressly granted
Limitations:
o Must be in the aid of legislation
o Must be in accordance with its duly
published rules of procedure
o Rights of persons appearing in or
affected by such inquiries should be
respected
o Power of Congress to commit a
witness for contempt terminates
when the legislative body ceases to
exist upon final adjournment
APPEARANCE OF DEPARTMENT HEADS:
Formalizes the oversight function of Congress
o Oversight function embraces all
activities undertaken by Congress to
enhance its understanding of an
influence over the implementation of
legislation it has enacted; scrutiny,
investigation, supervision
The Heads of Departments may upon their
own initiative, with the consent of the
President, appear before and be heard by
either House on any matter pertaining to their
department
Permission is needed because Department
Heads are the Presidents alter egos and in
deference to the separation of powers
APPROPRIATION FOR SECTARIAN PURPOSES
Whether the appropriation be general or
specific, it must conform to the prohibition
against the use of public funds or property for
sectarian purposes
POWER OF CONCURRENCE
Constitution requires the concurrence of the
Congress to a amnesty and to a treaty
o Initiative power to propose bills and
laws, and to enact or reject them at
the polls, independent of the legislative
assembly
 o Referendum the right reserved to the
people to adopt or reject any act or
measure which has been passed by a
legislative body and which in most
cases would without action on the part
of the electors become a law
Initiative on the Constitution
petitions proposing
constitutional amendments
Initiative on Statutes
petitions proposing to enac
ta national legislation
Initiative on local legislation
Referendum on Statutes
passed by Congress
Referendum on local laws
passed by local legislative
bodies
POWERS OF CONGRESS:
Inherent Powers:
o Police Power
o Power of Eminent Domain
o Power of Taxation
o Implied Powers
Express Powers:
o Legislative Powers
o Power of the Purse
o Power of Taxation
o Investigatory Power
o Oversight Power
THE PRESIDENT
Qualifications:
o Natural born citizen of the
Philippines
o Registered voter
o Literate
o At least 40 years old on the day of the
election
o 10-year residency
Term of office:
o 6 years, not subject to re-election
Rules on Succession:
o VP becomes acting President:
When a President has been
chosen, but fails to qualify at
the beginning of his term
When no president has yet
been chosen at the time he is
supposed to assume office
o VP-elect becomes the President:
When the President-elect
dies or becomes
permanently incapacitated
BEFORE the beginning of his
term
o Senate President or Speaker of the
House acts as the President or Vice
President:
When both the President and
Vice President have not yet
been chosen or have failed to
qualify
When both shall have died or
become permanently
incapacitated at the START
of the term
o Congress will decide by law who will
act as President or Vice President:
When both the Senate
President and the Speaker of
the House shall have died or
become permanently
incapacitated
THE VICE PRESIDENT
Qualifications:
o Natural born citizen of the
Philippines
o At least 40 years old on the day of the
election
o Literate
o 10-year residency
o Registered voter
Term of office:
o 6 years
In case of vacancy:
o The President shall nominate a VP
among the Members of the Senate
and HR who shall assume office upon
confirmation by a majority vote of all
members of Congress, VOTING
SEPARATELY
PRESIDENTIAL IMMUNITY
Immunity during tenure:
o President is immune from suit during
his tenure
o May be files an impeachment
complaint
o May not be prevented from
instituting suit
o May shed the protection affored by
privilege
Immunity after tenure:
o Not used as a shield for the non-
sitting President from prosecution
POWERS OF THE PRESIDENT:
Constitutional Powers:
o Executive Power to enforce and
administer laws
o Power of Appointment selection of
an individual who is to exercise the
functions of a given office
o Power of Control to alter or modify
or nullify or set aside
o Military Power where the President
is the Commander-In-Chief
o Pardoning Power
 o Borrowing Power power to o 48 hours after suspension or
contract or guarantee foreign loans declaration, the President shall
o Diplomatic Power spokesman of the personally report his action to
nation on external affairs Congress
o Budgetary Power o Congress, by MAJORITY VOTES OF
o Informing Power ALL MEMBERS VOTING JOINTLY,
o Other Powers: revoke his action
Call for special sessions in
Congress
Approve or veto bills PARDONING POWER
Tariff Powers Non-delegable power
General supervision over Kinds:
LGUs and ARMM o Plenary extinguishes ALL the
penalties
CLASSIFICATION OF APPOINTMENTS: o Partial does not extinguish all the
Permanent penalties
Temporary not subject to the CAs o Absolute extended with no strings
confirmation attached
Regular made while Congress is in session o Conditional
Ad Interim Scope:
Appointments that need confirmation from the o Granted only after conviction of final
CA: judgment
o Heads of Executive Departments Limitations:
o Ambassadors, and other public o Cannot be exercised in cases of
ministers and consuls impeachment
o Officers of the AFP from colonel to o Given only after conviction by final
naval captain judgment
o No pardon, amnesty, parole, or
POWER OF REMOVAL suspension for violation of election
Implied from the power of appointment laws
o Pardon cannot be extended to a
POWER OF CONTROL convict of legislative contempt or
Given to the President over all executive civil contempt
offices from Cabinet members to the lowliest o Cannot be extended for the purpose
clerk of absolving the pardonee of civil
liability, including judicial costs
POWER OF SUPERVISION o No restoration of forfeitures
To ensure that the laws are faithfully Effects:
executed by inferiors o Relieves criminal liability
o Does not absolve civil liability
TAKE CARE CLAUSE o Does not restore public offices
Take care that the laws be faithfully executed already forfeited
makes the President a dominant figure in the Pardon VS Amnesty
administration of the government o PARDON:
Ordinary offenses
MILITARY POWER Individuals
Enables: Conditional pardon must be
o Command all the AFPs accepted
o Suspend the privilege of the writ of No need for congressional
habeas corpus concurrence
o Declare Martial Law Private act
Limitations: Prospective
o Call out the AFP to prevent or After conviction
suppress: o AMNESTY:
Lawless violence Political offenses
Invasion or rebellion Class of persons
o Suspension of the privilege and Need not be accepted
declaration of Martial Law are limited Requires congressional
to invasion or rebellion concurrence
o Duration shall not exceed 60 days Public act
Retrospective
 Before or after conviction