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 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.
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.
Section 5. (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.
Section 5. (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.
Section 5. (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.
Section 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.
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.
Q: Should the second-highest earner of votes be declared as winner when the actual
winner was eventually disqualified?
o A: No. Jurisprudence has long established the doctrine that a second placer
cannot be proclaimed the first among the remaining qualified candidates in the
event that the highest earner of votes is disqualified. When the person vested with
the mandate of the majority is disqualified from holding the post he was elected
to, the only recourse to ascertain the new choice of the electorate is to hold
another election. (Ocampo v. HRET, 2004)
Q: Is it mandatory to hold a special election in case of vacancy in the Congress?
o A: A special election to fill in a vacancy is not mandatory. (Bernas Commentary,
2009)
Q: What are the rules for a special election as provided in RA 6645?
o A: 1. No special election will be called if vacancy occurs: (a) at least 18 months
before the next regular election for the members of the Senate; or (b) at least one
year before the next regular election members of Congress
2. The particular House of Congress where vacancy occurs must pass either a
resolution if Congress is in session or the Senate President or the Speaker must
sign a certification, if Congress is not in session, (a) declaring the existence of
vacancy; (b) calling for a special election to be held within 45 to 90 days from the
date of the resolution or certification.
3. The Senator or representative elected shall serve only for the unexpired term.
(Section 1, RA 6645)
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.
Q: When can an increase passed by the Congress may take effect?
o A: Only after the expiration of the full term of all the members approving such
increase. (Section 10, Article VI)
Q: May a member, elected to fill a vacancy enjoy such increase?
o A: No, because he is serving the unexpired term of an approving member.
Q: What is the reason for the delay?
o A: Its purpose is to place a “legal bar to the legislators’ yielding to the natural
temptation to increase their salaries. (PHILCONSA v. Mathay, 1966)
Section 11. Parliamentary Immunity
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
filing 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,
Section including government-owned
14. No Senator or Member of or thecontrolled
House of corporations
Representativesor their subsidiaries,
may personally appear
during his term without forfeiting his seat. Neither shall he be appointed to any office
as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial
which mayadministrative
and other have been created or the
bodies. emoluments
Neither shall he,thereof
directlyincreased during
or indirectly, be the term for
interested
which he was elected.
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.
Q: What constitutes disqualification for a member of the Congress?
o A: (1) Holding any other office or employment in the government, or any
subdivision, agency, or instrumentality thereof, including government-owned or
controlled corporation or their subsidiaries during his term without forfeiting his
seat; and (2) Being appointed to any office which may have been created or the
emoluments thereof increased during the term for which he was elected. (Section
13, Article VI)
Q: Senator Gordon’s acceptance of chairmanship of Philippine National Red Cross was
being challenged as a violation of Section 13, Article VI of the Constitution. Decide.
o A: Senator Gordon did not violate the Constitution because PNRC is a private
corporation. The office of the chairman of the PNRC is not a Government Office
or an Office of a Government-Owned or Controlled Corporation for purposes of
the prohibition in Section 13. (Liban v. Gordon, 2009)
Q: What is the purpose of the prohibition on lawyer-legislators?
o A: The purpose is to prevent the legislator from exerting undue influence,
deliberately or not, upon the body where he is appearing. (Cruz, Philippine
Political Law)
Q: A congressman bought nominal account of shares in a corporation which is party to a
suit before the SEC. May he appear in the court as an “intervenor”?
o A: No. That which the Constitution directly prohibits may not be done by
indirection. (Puyat v. De Guzman, 1982)
Q: Is owning a law firm part of the prohibition stated in Section 14?
o A: No. Prohibition is personal and does not apply to law firm where a lawyer-
legislator may be a member. The lawyer-legislator may still engage in the
practice of his profession except that when it comes to trials and hearings before
the bodies above-mentioned, appearance may be made not by him but by some
member of his law office. (Cruz, Philippine Political Law)
Q: What is the rationale on the prohibition of being financially interested in a contract
granted by the government?
o A: The idea is to prevent abuses from being committed by the members of
Congress to the prejudice of the public welfare and particularly of legitimate
contractors with the government who otherwise might be placed at a
disadvantageous position vis-a-vis the legislator. (Cruz, Philippine Political Law)
BAR QUESTION: In the May 2013 elections, the Allied Workers’ Group of the
Philippines (AWGP), representing land-based and sea-based workers in the Philippines
and overseas, won in the party list congressional elections. Atty. Abling, a labor lawyer,
is its nominee. As part of the party’s advocacy and services, Congressman Abling
engages in labor counseling, particularly for local workers with claims against their
employers and for those who need representation in collective bargaining negotiations
with employers. When labor cases arise, AWGP enters its appearance in representation of
the workers and the Congressman makes it a point to be there to accompany the workers,
although a retained counsel also formally enters his appearance and is invariably there.
Congressman Abling largely takes a passive role in the proceedings although he
occasionally speaks to supplement the retained counsel’s statements. It is otherwise in
CBA negotiations where he actively participates. Management lawyers, feeling aggrieved
that a congressman should not actively participate before labor tribunals and before
employers because of the influence a congressman can wield, filed a disbarment case
against the Congressman before the Supreme Court for his violation of the Code of
Professional Responsibility and for breach of trust, in relation particularly with the
prohibitions on legislators under the Constitution. Is the cited ground for disbarment
meritorious?
o A: Being a congressman, Atty. Abling is disqualified under Article Vi, Section 14
of the 1987 Constitution from personally appearing as counsel before quasi-
judicial and other administrative bodies handling labor cases constitutes personal
appearance before them (Puyat v. De Guzman, G.R. No. L-5122, 1982, 1135
SCRA 33).His involvement in collective bargaining, negotiations also involves
practice of law, because he is making use of his legal knowledge for the benefit of
others (Cayetano v. Monsod, G.R. No. 100113, September 3, 1991, 201 SCRA
210). The Bureau of Labor Relations is involved in collective bargaining
negotiations (Article 250 of Labor Code)
Atty. Abling should not be disbarred but should be merely suspended from
the practice of law. Suspension is the appropriate penalty for involvement in the
unlawful practice of law (Tapay v. Bancolo, A.C. No. 9604, March 20, 2013, 694
SCRA 1).
o Alternative Answer: No, Congressman Abling cannot be disbarred. A retained
counsel formally appears for AWGP. His role is largely passive and cannot be
considered as personal appearance. His participation in the collective brgaining
negotiations does not entail personal appearance before an administrative bode
(Article VI, Section 13 of the 1987 Constitution) (2013 BAR EXAMS)
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. Officers of Congress; Quorum; Discipline; Journal/Records
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 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.
(4) 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.
(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 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.
Q: Who is the sole judge of the all contests relating to the election, returns, and
qualifications of the members of the Congress?
o A: The Senate Electoral Tribunal (SET) and the House of Representatives
Electoral Tribunal (HRET). (Section 17, Article VI)
Q: What is the composition of the electoral tribunals?
o A: 3 Supreme Court Justices to be designated by the Chief Justice and 6 Members
of the Senate or House, as the case may be, chosen on the basis of proportional
representation from the political parties and party-list organizations. (Section 17,
Article VI)
Q: Who shall act as the Chairman?
o The senior Justice in the electoral tribunal. (Section 17, Article VI)
Q: May the Congress interfere with the electoral tribunals?
o A: The Congress may not regulate the actions of the electoral tribunals even in
procedural matters. The tribunal is an independent constitutional body. (Angara
v. Electoral Commission, 1936)
Q: What is an election contest?
o A: It is one where a defeated candidate challenges the qualification and claims
for himself the seat of a proclaimed winner. (UP Political Law Reviewer)
Q: Can HRET gain jurisdiction over a contest against a candidate?
o A: No. while composed of a majority of members of the legislature it is a body
separate from and independent of the legislature. (Bondoc v. Pineda, 1991)
Q: When does jurisdiction turn over to the electoral tribunals?
o A: Once the person who got the highest number of votes has been proclaimed and
he has taken his oath and assumed office as member of the House of
Representatives, the COMELECs jurisdiction over election contests relating to his
qualifications ends and the HRETs own jurisdiction begins. (Reyes v.
COMELEC, 2013)
Q: What is the requirement for an electoral tribunal to reach a decision?
o A: Rule 89 of the 2004 Rules of the House of Representatives Electoral Tribunal
provides that for rendition of decisions and the adoption of formal resolutions, the
concurrence of at least five (5) Members shall be necessary. (Duenas v. HRET,
2010)
Are the decisions of electoral tribunals appealable to the Supreme Court?
o No. The decisions rendered by the Electoral Tribunals in the contests of which
they are the sole judge are not appealable to the Supreme Court except in cases of
a clear showing of a grave abuse of discretion. (Robles v. HRET, 1990)
Section 18. Commission on Appointments
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 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.
Q: How should the Commission arrive at its decision?
o A: The Commission shall act on all appointments submitted to it within thirty days
from submission to prevent the Commission from freezing appointments. The
Commission can meet and act only when Congress is in session.
Q: Reason for Early organization of ETs
o A: In the case of Electoral Tribunals, the need for their early organization is
obvious, considering the rash of election contests already waiting to be filed after,
even before, the proclamation of the winners. This is also the reason why, unlike
the Commission of Appointments, the Electoral Tribunals are supposed to
continue functioning even during the recess.
Q: Why the Commission on Appointments can meet only during the session of the
Congress?
o A: The provision is based on the need to enable the President to exercise his
appointing power with dispatch in coordination with the Commission on
Appointments.
o The rule that the Commission on Appointments can meet only during the session
of the Congress is the reason why ad interim appointments are permitted under
the Constitution. These appointments are made during the recess, subject to
consideration later by the Commission, for confirmation or rejection. But where
the Congress in is in session, the President must first clear his nominations with
the Commission on Appointments, which is why it must be constituted as soon as
possible. Unless it is organized, no appointment can be made by the President in
the meantime.
Section 20. Records and Books of Accounts
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 an itemized list of amounts paid to and
expenses incurred for by each Member.
Q: May the inherent power of Congress to punish for contempt be applied, mutatis
mutandis, to local legislative bodies?
o A: No, the power is recognized as inherent in Congress as a matter of self-
preservation of one of the three independent and coordinate branches of
government. It is sui generis and may not be claimed by local legislative bodies.
Negros Oriental II Electric Cooperative v. Sangguniang Panglunsod,
G.R.72492, November 5, 1987.
Q: Pursuant to Senate Resolution No. 455, Senator Gordon requested PCGG Chairman
Sabio and his Commissioners to appear as resource persons in the public meeting jointly
conducted by the Committee on Government Corporations and Public Enterprises and
Committee on Public Services. Chairman Sabio declined the invitation because of prior
commitment, and at the same time invoked Section 4(b) of EO No. 1 exempting all
PCGG members or staff from testifying in any judicial, legislative or administrative
proceeding. Decide.
o A: The EO does not limit the power of inquiry. It can be said that the Congress’
power of inquiry has gained more solid existence and expansive construal. The
Congress’ power of inquiry, being broad, encompasses everything that concerns
the administration of existing laws as well as proposed or possibly needed
statutes. It even extends “to government agencies created by Congress and
officers whose positions are within the power of Congress to regulate or even
abolish.” PCGG belongs to this class. (Sabio v. Gordon- 504 SCRA 704 [2006])
Sec 22. The head 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.
Q: Does section 22 provide for a “question hour”
o A: No. The “question hour” is proper to a parliamentary system where there are
no separation between the legislative and executive department, Section 22,
unlike in the “question hour” under the 1973 Constitution, has made the
appearance of department heads voluntary. They can appear on their own
initiative, with the consent of the President, ort at the request of the Congress.
Because of the separation of powers, however, department secretaries may not
impose their appearance upon either House.
Q: What is the purpose of this section?
o A: The provision formalizes the “oversight function” of Congress. Section 22
establishes the rule for the exercise of what is called the “oversight function” of
Congress. Such function is intended to enable Congress to determine how laws it
has passed are being implemented.
Q: Is the appearance of Heads of Department necessary?
o A: No. 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 departments.
Q: In the exercise of its legislative power, the Committee of the Senate issued invitations
to various officials of the Executive Department for them to appear as resource speakers
in a public hearing on the railway project, others on the issues of massive election fraud
in the Philippine elections, wire tapping, and the role of military in the so-called
“Gloriagate Scandal”. Said officials were not able to attend due to lack of consent from
the President as provided by E.O. 464, Section 3 which requires all the public officials
enumerated in Section 2(b) to secure the consent of the President prior to appearing
before either house of Congress. Decide.
o A: The claim of privilege under Section 3 of E.O. 464 in relation to Section 2(b) is
thus invalid per se. It is not asserted. It is merely implied. Instead of providing
precise and certain reasons for the claim, it merely invokes E.O. 464, coupled
with an announcement that the President has not given her consent. If the
executive branch withholds such information on the ground that it is privileged, it
must so assert it and state the reason therefor and why it must be respected.
(Senate v. Ermita- 488 SCRA 1 [2006])
Q: Why Permission of President Needed?
o A: In deference to separation of powers, and because Department Heads are alter
egos of the President, they may not appear without the permission of the
President.
Q: Who are exempted from Summons?
o A: Exemption to summons applies only to Department Heads and not to everyone
who has Cabinet rank.
Section 23. War Power
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 power shall cease upon the next
adjournment thereof.
Sec 24: All appropriation, revenue or tariff bills, bill authorizing increase of the public
debt, bills of local application, and private bills shall originate exclusively in the House of
the Representatives, but the Senate may propose or concur with amendments.
Q: What is the meaning of the requirement that the money bills must originate in the
House of Representatives?
o A: In Tolentino v. Secretary of Finance- 235 SCRA 630 [1994], the court said
that the exclusivity of the prerogative of the House of Representatives means
simply that the House alone can initiate the passage of a revenue bill, such that, if
the House does not initiate one, no revenue law will be passed. Textually, it is the
“bill” which must exclusively originate from the House; but the “law| itself is the
product of the total bicameral legislative process originates not just from the
House but from both Senate and House.
Q: A group of senators in the Philippines questioning the constitutionality of the
automatic appropriation for debt service, it being higher than the budget for education,
therefore it is against Section 5(5), Article XIV of the Constitution which mandates to
“assign the highest budgetary priority to education.” The principal contention of
petitioner was that appropriation bills under section 24 must originate in the House of
Representatives. Decide.
o A: While it is true that the Congress is mandated to “assign the highest budgetary
priority to education,” it does not thereby follow that the hands of Congress are
so hamstrung as to deprive it the power to respond to the imperatives of the
national interest and for the attainment of other state policies or objectives.
Congress is certainly not without any power, guided only by its good judgment, to
provide an appropriation that can reasonably service our enormous debt. Thus, if
in the process Congress appropriated an amount for debt service bigger than the
share allocated to education, the Court finds and so holds that said appropriation
cannot be thereby assailed as unconstitutional. (Guingona v. Carague- 196
SCRA 221 [1991])
Q: What is the reason for exclusive origination?
o A: The district representatives are closer to the pulse of the people than senators
are and are therefore in a better position to determine both the extent of the legal
burden they are capable of bearing and the benefits that they need. It is more
numerous in membership and therefore also more representative of the people.
Q: RA 920 (An Act Appropriating Funds for Public Works) was enacted in 1953
containing an item for the construction, reconstruction, repair, extension of Pasig feeder
road terminals which projected feeder roads do not connect any government property or
any important premises to the main highway. The provincial governor of Rizal, Pascual,
questioned the constitutionality of the item in RA 920, it being not for a public purpose.
The respondents' contention is that there is public purpose because people living in the
subdivision will directly be benefitted from the construction of the roads, and the
government also gains from the donation of the land supposed to be occupied by the
streets, made by its owner to the government. Decide.
o A: As a general rule that the legislature is without power to appropriate public
revenue for anything but a public purpose. Incidental to the public or to the state,
which results from the promotion of private interest and the prosperity of private
enterprises or business, does not justify their aid by the use public money. The test
of the constitutionality of a statute requiring the use of public funds is whether the
statute is designed to promote the public interest, as opposed to the furtherance of
the advantage of individuals, although each advantage to individuals might
incidentally serve the public. (Pascual v. Secretary of Public Works- 110 PHIL.
331 [1960-1961])
Section 25. Appropriation Bills
Sec 25: (1) The Congress may not increase he 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 relate 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 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 to the Supreme Court, and the heads of the 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 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.
Q: Goh filed before the COMELEC a recall petition. COMELEC promulgated Resolution
No. 9864. Resolution No. 9864 found the recall petition sufficient in form and substance,
but suspended the funding of any and all recall elections until the resolution of the funding
issue. Resolution No. 9882 suspended any proceeding relative to recall as the recall
process, as stated in said Resolution, does not have an appropriation in the General
Appropriations Act of 2014 (2014 GAA) and the 2014 GAA does not provide the
COMELEC with legal authority to commit public funds for the recall process. Decide.
o A: A careful review of the Commission's budget under the 2014 GAA reveals that
it does not have any appropriation or line item budget (line item) to serve as a
contingency fund for the conduct of recall elections. While the Commission has a
line item for the "Conduct and supervision of elections, referenda, recall votes
and plebiscites" under the Program category of its 2014 budget, the said amount
cannot be considered as "an appropriation made by law" as required by the
Constitution nor a contingent fund provided under the LGC considering that the
said line item is legally intended to finance the basic continuing staff support and
administrative operations of the Commission such as salaries of officials and
employees as well as essential office maintenance and other operating expenses.
As such, it cannot be used for the actual conduct of recall elections. Goh v.
COMELEC GR No. 212584, November 25, 2014
Q: What is the rule on riders in the general appropriations bill?
o A: Under Article VI Sec 25(2), no provision shall be enacted in general
appropriations bill unless it relates specifically to some particular appropriations
therein and such provision shall be limited in its operation to the appropriation to
which it relates.
Q: President Estrada signed the GAA 2000 which includes the assailed special
provisions, then issued an E.O 270 to extend the implementation of the winding up of
operations of the CAR and extended it by virtue of E.O 328.The petitioners seek the
declaration of nullity of paragraph 1 of the special provisions of RA 870 (GAA2000)
directing that the appropriation for the CAR shall be spent to wind up its activities and
pay the separation and retirement benefits of all the affected members and employees.
Whether the assailed special provisions in RA 8760 is a rider and as such is
unconstitutional. Decide.
o A: The assailed paragraph 1 of the RA8760 does not constitute a rider; it follows
the standard that a provision in an appropriations bill must relate specifically to
some particular appropriations. (Atitiw v. Zamora, GR 143374, Sept. 30, 2005)
Q: The Appropriation Act for FY 1956-57 contained the following provision “after the
approval of this Act, and when there is no emergency, no reserve officer of the Armed
Forces of the Philippines may be called to a tour of active duty for more than two years
during any period of five consecutive years”. Is the provision valid?
o A: No. The provision violates the rule on “riders”. The said provision has no
relevance or pertinence whatsoever to the budget or to any appropriation item
contained therein since it refers to the fundamental government policy matters of
the calling to active duty and the reversion to inactive status of reserve officers in
the AFP. Garcia v Mata, 65 SCRA 517 [July 30, 1975]
Q: May the Congress treat appropriations for Congress itself differently from those for
others?
o A: No. Provided under Article VI Sec 25(3) that the procedure in approving
appropriations for the Congress shall strictly follow the procedure approving
appropriations for other departments and agencies.
Q: What are the rules on special appropriations?
o A: Under Article VI Sec 25(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 proposal therein.
Q: What are the requisites for the valid transfer of appropriated funds?
o A: Under Article VI Sec 25 (5), the following are the requisites: (1) There is a law
authorizing 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 the
Constitutional Commissions to transfer funds within their respective offices; (2)
The funds to be transferred are savings generated from the appropriations of their
respective offices; and (3) The purpose of the transfer is to augment an item in the
general appropriations law for their respective offices. (Araullo v. Aquino, G.R.
No., 209287, July 1, 2014)
Q: To what extent may Congress allow transfer of funds?
o A: No law shall be passed authorizing any transfer or appropriations. However,
the President, the President of the Senate, the Speaker of the HoR, the Chief
Justice of SC, and Heads of Constitutional Commission, by law, be authorize to
augment any item in general appropriation law for their respective offices from
savings in other items of their respective appropriations.
Q: Demetrio Demetria et al as taxpayers and members of the Batasan Pambansa sought to
prohibit Manuel Alba, then Minister of the Budget, from disbursing funds pursuant to
Presidential Decree No. 1177 or the Budget Reform Decree of 1977. Demetria assailed the
constitutionality of paragraph 1, Section 44 of the said PD. Decide.
o A: Paragraph 1 of Section 44 of PD 1177 unduly overextends the privilege granted
under the Constitution. It empowers the President to indiscriminately transfer funds
from one department, bureau, office or agency of the Executive Department to any
program, project or activity of any department, bureau or office included in the
General Appropriations Act or approved after its enactment, without regard as to
whether or not the funds to be transferred are actually savings in the item from
which the same are to be taken, or whether or not the transfer is for the purpose
of augmenting the item to which said transfer is to be made. Demetria v. Alba- 148
SCRA 208 [1987]
Q: Nazareth, the Regional Director of the Department of Science and Technology in the
Region IX, has approved the release of Magna Carta benefits to the covered officials and
employees commencing 1998, 1999, and 2001. The said appropriation has no provision in
the GAA, which means that it has not been officially approved yet. Does the release of the
Magna Carta funds for 1998, 1999, and 2001 qualified officials and employees legal and
valid?
o A: It is not valid, but the officials and employees do not have to reimburse the
disallowed allowance. According to Section 25 (5) Article IV of the Constitution,
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 are authorized to transfer appropriations to augment
any item in the GAA for their respective offices in their respective appropriations.
When the statute itself enumerates the exceptions to the application of the general
rule, the exceptions are strictly but reasonably construed. Nazareth v. Villar,
G.R. No. 188635, 29 January 2013, 689 SCRA 385
Q: The appropriation for operating expenditures for each House is further divided into
expenditures for salaries, personal services, other compensation benefits, maintenance
expenses and other operating expenses. In turn, each member of Congress is allotted for
his own operating expenditure a proportionate share of the appropriation for the House to
which he belongs. If he does not spend for one items of expense, the provision in
question allows him to transfer his allocation in said item to another item of expense.
Petitioners assail the special provision allowing a member of Congress to realign his
allocation for operational expenses to any other expense category, claiming that this
practice is prohibited by Section 25(5), Article VI of the Constitution. Decide.
o A: The list of those who may be authorized to transfer funds are exclusive.
Likewise, individual members of Congress may not be given such authority and
must seek approval from the Speaker or Senate President if these latter have been
authorized by law. Under the Special Provisions applicable to the Congress of the
Philippines, the members of Congress only determine the necessity of the
realignment of the savings in the allotments for their operating expenses.
(Philconsa v. Enriquez- 235 SCRA 506 August 19,1994)
Q: What is the rule on discretionary funds?
o A: Discretionary funds 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.
Q: On what budget does the government operate when Congress fails to approve a
general appropriation bill?
o A: 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.
Section 26. (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.
Q: What is the nature and purpose of the rule on title and subject of bills?
o A: To prevent surprise and fraud on the legislature is one of the purposes this
provision was intended to accomplish. Was intended to correct was the blending
in one and the same statute of such things as were diverse in their nature and
were connected only to combine in favor of the statute all the advocates of each,
thus often securing the passage of several measures no one of which could have
succeeded on own merits.
Q: What is the purpose of the mandatory nature of the rule?
o A: The purpose of the rule is to (1) to prevent the hodge-podge of log-rolling
legislation; (2) to prevent surprise or fraud upon the legislature; (3) to fairly
appraise the people.
Q: How the rule must be interpreted, liberally or strictly?
o A: Liberally. The rule should be given a practical rather than technical
construction. It should be sufficient compliance with such requirement if the title
expresses the general subject and all the provisions of the statute are germane to
that general subject.
Q: A bill is passed entitled “An Act Amending Certain Sections of Republic Act 1199
otherwise known as “The Agricultural Tenancy Act of the Philippines.” The bill
contained a provision authorizing the Secretary of Justice to mediate tenancy disputes
through a tenancy mediation division. Valid?
o A: Yes. Cordero v. Cabatuando- 6 SCRA 418 [1962]
Q: The title of R.A. 1435 is “An act to Provide Means of Increasing the Highway
Special Fund. “It is contended that, since the purpose of the bill is to increase the
highway fund, the provision in Section 5 which creates an exemption and thus does not
contribute to an increase is alien to the subject of the law and is therefore
unconstitutional. Decide.
o A: The purpose of the constitutional provision requiring unity of content and
expression of the content in the title is to prevent duplicity of subject and surprise
upon the legislators and the public. Clearly, the provision for exemption comes
under the general subject expressed in the title. (Insular Lumber Company v.
CTA- 104 SCRA 710 [1981])
Section 27. Presidential Veto Power
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 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.
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 covenants 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.
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, 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.
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.
Q: May the congress increase the appellate jurisdiction of the Supreme Court?
o A: Yes, but only with the advice and concurrence of the Supreme Court itself.
Q: Reason for such limitation on the power of the Congress?
o A: To prevent further additions to the present tremendous case load of the
Supreme Court which includes the backlog of the past decades.
Q: What is the reason for prohibiting the Stare from granting titles of royalty or nobility?
o A: To preserve the republican and democratic nature of our society by prohibiting
the creation of privileged classes with special perquisites not available to the rest
of the citizenry.
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.
Q: Does the congress have the exclusive right to pass national legislation?
o A: No. Section 32 has introduced the concept of “initiative and referendum”
whereby the people themselves legislate. The enabling law R.A. 6735, the
Initiative and Referendum Law. The first case to come under this implementing
law involved local “initiative and referendum.” Garcia v. Commission on
Elections, 237 SCRA 279 (1994), upheld the validity of the procedure prescribed
by the Local Government Code for local initiative and referendum.
Q: What is “initiative and referendum”
o A: Initiative is the power of the people to propose amendments to the Constitution
or to propose and enact legislation, while referendum is the power of the
electorate to approve or reject legislation through an election called for the
purpose.
Q: What are the systems of initiative?
o A: There are three systems of initiative: (1) Initiative on the Constitution which
refers to a petition proposing amendments to the Constitution; (2) Initiative on
statutes which refers to a petition proposing to enact a national legislation; (3)
Initiative on local legislation which refers to a petition proposing to enact a
regional, provincial, city, municipal or barangay law, resolution or ordinance.
Q: Are there limitations on local initiative?
o A: (1) The power of local initiative shall not be exercised more than once a year;
(2) Initiative shall extend only to subjects or matters which are within the legal
matters which are within the legal powers of the local legislative bodies to enact;
(3) If any time before the initiative is held, the local legislative body shall adopt in
toto the proposition presented, the initiative shall be cancelled. However, those
against such action may if they so desire, apply for initiative.
Q: Petitioners filed a petition with COMELEC to hold a plebiscite on their petition for an
initiative to amend the Constitution by adopting a unicameral-parliamentary form of
government and by providing for transitory provisions.
o A: An initiative to change the Constitution applies only to an amendment and not
revision. Revision broadly implies a change that alters basic principle in the
Constitution like altering the principle of separation of powers or the system of
checks and balance. The initiative of the petitioners is a revision and not merely
an amendment. (Lambino v. COMELEC)
Q: Is the People Power recognized in the Constitution?
o A: “People power” is recognized in the Constitution, Article III, Section 4 of the
1987 Constitution guarantees the right of the people peaceable to assemble and
petition the government for redress of grievances. Article VI, Section 32 of the
1987 Constitution requires Congress to pass a law allowing the people to directly
propose or reject any act or law or part of it passed by congress or a local
legislative body.