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DEC 20
Posted by Magz
Sec. 1. The legislative power shall be vested in the Congress of the Philippines, which shall consist
of a Senate and a House of Representatives, except to the extent reserved to the people by the
provision on initiative and referendum.
Note:
The original legislative power of the people is exercised via initiative and referendum. In this manner,
people can directly propose and enact laws, or approve or reject any act or law passed by Congress or a
local government unit.
1. Substantive limitations on the content of laws. E.g. no law shall be passed establishing a state
religion.
1. Procedural limitations on the manner of passing laws. E.g. generally a bill must go through three
readings on three separate days.
Note:
Provided that these two limitations are not exceeded, Congress legislative power is plenary.
1. Congress cannot pass irrepealable laws. Since Congress powers are plenary, and limited only by the
Constitution, any a empt to limit the powers of future Congresses via an irrepealable law is not
allowed.
1. Congress, as a general rule, cannot delegate its legislative power. Since the people have already
delegated legislative power to Congress, the la er cannot delegate it any further.
EXCEPTIONS:
Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER or LAW
EXECUTION. This involves either of two tasks for the administrative agencies:
Composition
24 senators who shall be elected at large by the qualied voters of the Philippines, as may be provided
by law.
Qualifications
1. Natural-born citizen;
2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter; and
5. Philippine resident for at least 2 years immediately preceding the day of the election.
Note: The qualications of both Senators and Members of the House are limited to those provided by
the Constitution. Congress cannot, by law, add or subtract from these qualications.
Term of Office:
6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their election.
Term Limitations:
Composition:
1. They shall be elected from legislative districts apportioned among the provinces, cities and the
Metropolitan Manila area.
2. Legislative districts are apportioned in accordance with the number of inhabitants of each area and
on the basis of a uniform and progressive ratio.
1. Each district shall comprise, as far as practicable, contiguous, compact and adjacent territory;
2. Each city with at least 250,000 inhabitants will be entitled to at least one representative.
3. Each province will have at least one representative.
4. Legislative districts shall be re-apportioned by Congress within 3 years after the return of each
census. According to Jack, however, while the apportionment of districts is NOT a political question,
the judiciary CANNOT compel Congress to do this.
5. The standards used to determine the apportionment of legislative districts is meant to prevent
gerrymandering, which is the formation of a legislative district out of separate territories so as to
favor a particular candidate or party.
Qualications
Term of Oce
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Term of Oce
1. Each member of the House shall be elected for a term of three (3) years which shall commence
(unless otherwise provided for by law) at noon on 30 June next following their election.
2. Voluntary renunciation of oce for any length of time shall not be considered as an interruption in
the continuity of his service for the full term for which he was elected.
Term Limitations
No member of the House of Representatives shall serve for more than three (3) consecutive terms.
1. Denition
1. Terms means the period during which the elected ocer is legally authorized to assume his oce
and exercise the powers thereof.
2. Tenure is the actual period during which such ocer actually holds his position.
1. Limitation/Possible Reduction
1. Term CANNOT be reduced.
2. Tenure MAY, by law, be limited. Thus, a provision which considers an elective oce
automatically vacated when the holder thereof les a certicate of candidacy for another elective
oce (except President and Vice-President) is valid, as it only aects the ocers tenure and NOT
his constitutional term.
Party-List Representatives
1. Constitute 20% of the total number of representatives, including those under the party-list system
(thus a maximum of 50 party-list members of the House)
1. However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95 and 95-98 terms), 25
seats shall be allo ed to sectoral representatives. Under Art. XVIII, Sec. 7, the sectoral representatives
are to be appointed by the President until legislation otherwise provides.
1. Qualications
Sec. 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be
called to ll 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.
Determination of Salaries:
Salaries of Senators and Members of the House of Representatives shall be determined by law.
No increase in their salaries shall take eect until after the EXPIRATION OF THE FULL TERM (NOT
TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES
APPROVING SUCH INCREASE.
Note: Since the Constitution provides for rules on salaries and not on emoluments, our
distinguished legislators can appropriate for themselves other sums of money such as travel allowances,
as well as other side benets.
1. Legislators are privileged from arrest while Congress is in session with respect to oenses
punishable by up to 6 years of imprisonment. Thus, whether Congress is in regular or special
session, the immunity from arrest applies.
2. If Congress is in recess, members thereof may be arrested.
3. The immunity is only with respect to arrests and NOT to prosecution for criminal oenses.
1. No member shall be questioned or held liable in any forum other than his/her respective
Congressional body for any debate or speech in the Congress or in any Commi ee thereof.
(i) Protection is only against forum other than Congress itself. Thus for inammatory remarks
which are otherwise privileged, a member may be sanctioned by either the Senate or the House as the
case may be.
(ii) The speech or debate must be made in performance of their duties as members of Congress.
This includes speeches delivered, statements made, votes cast, as well as bills introduced, and other
activities done in performance of their ocial duties.
(iii) Congress need NOT be in session when the u erance is made, as long as it forms part of
legislative action, i.e. part of the deliberative and communicative process used to participate in
legislative proceedings in consideration of proposed legislation or with respect to other ma ers with
Congress jurisdiction.
Sec. 12. All Members of the Senate and the House of Representatives shall, upon assumption of
oce, make a full disclosure of their nancial and business interests. They shall notify the House
concerned of a potential conict of interest that may arise from the ling of a proposed legislation of
which they are authors.
Disqualications:
Regular Sessions:
th
1.) Congress convenes once every year on the 4 Monday of July (unless otherwise provided for by
law)
2.) Continues in session for as long as it sees t, until 30 days before the opening of the next regular
session, excluding Saturdays, Sundays, and legal holidays.
Special Sessions:
3.) Each House may choose such other ocers as it may deem necessary.
Election of Ocers
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Election of Ocers
Quorum to do business:
Internal Rules:
Discipline:
1.) Suspension
2.) Expulsion
2.) BUT an enrolled bill prevails over the contents of the Journal.
3.) An enrolled bill is the ocial copy of approved legislation and bears the certications of the
presiding ocers of each House. Thus where the certications are valid and are not withdrawn, the
contents of the enrolled bill are conclusive upon the courts as regards the provision of that particular bill.
Adjournments:
1.) Neither House can adjourn for more than 3 days during the time Congress is in session without the
consent of the other House.
2.) Neither can they adjourn to any other place than that where the two houses are si ing, without the
consent of the other.
The Senate and the House shall each have an Electoral Tribunal which shall be composed of:
Note: The congressional members of the ETs shall be chosen on the basis of proportional representation
from the political parties and party-list organizations.
Jurisdiction:
1.) Each ET shall be the sole judge of all CONTESTS relating to the election, returns, and qualications
of their respective members. This includes determining the validity or invalidity of a proclamation
declaring a particular candidate as the winner.
2.) An election contest is one where a defeated candidate challenges the qualication and claims for
himself the seat of a proclaimed winner.
3.) In the absence of an election contest, the ET is without jurisdiction. However, the power of each
House to expel its own members or even to defer their oath-taking until their qualications are
determined may still be exercised even without an election contest.
1.) Since the ETs are independent constitutional bodies, independent even of the House from which
the members are respectively taken, neither Congress nor the Courts may interfere with procedural
ma ers relating to the functions of the ETs, such as the se ing of deadlines or ling their election
contests with the respective ETs.
2.) The ETs being independent bodies, its members may not be arbitrarily removed from their positions
in the tribunal by the parties which they represent. Neither may they be removed for not voting
according to party lines, since they are acting independently of Congress.
3.) The mere fact that the members of either the Senate or the House si ing on the ET are those which
are sought to be disqualied due to the ling of an election contest against them does not warrant all of
them from being disqualied from si ing in the ET. The Constitution is quite clear that the ET must act
with both members from the SC and from the Senate or the House. If all the legislator-members of the
ET were to be disqualied, the ET would not be able to fulll its constitutional functions.
4.) Judicial review of decisions of the ETs may be had with the SC only insofar as the decision or
resolution was rendered without or in excess of jurisdiction or with grave abuse of discretion
constituting denial of due process.
Composition:
Note: The 12 Senators and 12 Representatives are elected on the basis of proportional representation
from the political parties and party-list organizations.
Voting/Action
2.) The CA shall act on all appointments within 30 session days from their submission to Congress.
3.) The Commission shall rule by a majority vote of all the Members.
Jurisdiction
1.) CA shall conrm the appointments by the President with respect to the following positions:
1. Heads of the Executive Departments (except if it is the Vice-President who is appointed to the post).
2. Ambassadors, other public ministers or consuls.
3. Ocers of the AFP from the rank of Colonel or Naval Captain: and
4. Other ocers whose appointments are vested in him by the Constitution (e.g. COMELEC members).
2.) Congress CANNOT by law prescribe that the appointment of a person to an oce created by such
law shall be subject to conrmation by the CA.
3.) Appointments extended by the President to the above-mentioned positions while Congress is not in
session shall only be eective until disapproval by the CA or until the next adjournment of Congress.
Meetings of the CA
2.) Meetings are held either at the call of the Chairman or a majority of all its members.
3.) Since the CA is also an independent constitutional body, its rules of procedure are also outside the
scope of congressional powers as well as that of the judiciary.
Note: The ET and the CA shall be constituted within 30 days after the Senate and the House of
Representative shall have been organized with the election of the President and the Speaker.
Scope:
1. Either House or any of their commi ees may conduct inquires in aid of legislation.
2. In aid of legislation does not mean that there is pending legislation regarding the subject of the
inquiry. In fact, investigation may be needed for purposes of proposing future legislation.
3. If the stated purpose of the investigation is to determine the existence of violations of the law, the
investigation is no longer in aid of legislation but in aid of prosecution. This violates the principle
of separation of powers and is beyond the scope of congressional powers.
Enforcement:
1. Since experience has shown that mere requests for information does not usually work, Congress has
the inherent power to punish recalcitrant witnesses for contempt, and may have them incarcerated
until such time that they agree to testify.
1. The continuance of such incarceration only subsists for the lifetime, or term, of such body. Once the
body ceases to exist after its nal adjournment, the power to incarcerate ceases to exist as well. Thus,
each Congress of the House lasts for only 3 years. But if one is incarcerated by the Senate, it is
indenite because the Senate, with its staggered terms, is a continuing body.
1. BUT, in order for a witness to be subject to this incarceration, the primary requirement is that the
inquiry is within the scope of Congress powers. i.e. it is in aid of legislation.
1. The materiality of a question is determined not by its connection to any actually pending legislation,
but by its connection to the general scope of the inquiry.
1. The power to punish for contempt is inherent in Congress and this power is sui generis. It cannot be
exercised by local government units unless they are expressly authorized to do so.
Limitations:
1. The inquiry must be conducted in accordance with the duly published rules of procedure of the
House conducting the inquiry; and
1. The rights of persons appearing in or aected by such inquiries shall be respected. Ex. The right
against self-incrimination.
1. Since members of the executive department are co-equals with those of the legislative department,
under the principle of separations of powers, department heads cannot be compelled to appear
before Congress. Neither may the department heads impose their appearance upon Congress.
1. Upon their own initiative, with the consent of the President (and that of the House concerned); or
1. Upon the request of either House (which cannot compel them to a end)
Emergency powers:
1. During times of war or other national emergency, Congress may, BY LAW, authorize the President to
exercise powers necessary and proper to carry out a declared national policy.
1. Limitations:
1. Powers will be exercised for a limited period only; and
2. Powers will be subject to restrictions prescribed by Congress
Bills that must originate from the House of Representatives (Section 24)
CODE: A R T Pu Lo P
1. Appropriation bills
2. Revenue bills
3. Tari bills
4. Bills authorizing the increase of public debt
5. Bills of local application
6. Private bills
Appropriation bills
1. The primary and specic aim of an appropriation bill is to appropriate a sum of money from the
public treasury.
1. BUT: A bill creating a new oce, and appropriating funds therefor is NOT an appropriation bill.
Revenue Bill
1. A revenue bill is one specically designed to raise money or revenue through imposition or levy.
1. Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance, the Videogram
Regulatory Board law imposing a tax on video rentals does not make the law a revenue bill.
A bill of local application, such as one asking for the conversion of a municipality into a city, is deemed
to have originated from the House provided that the bill of the House was led prior to the ling of the
bill in the Senate even if, in the end, the Senate approved its own version.
Limitations:
1. Congress cannot increase the appropriations recommended by the President for the operation of the
Government as specied in the budget.
1. Each provision or enactment in the General Appropriations Bill must relate specically to some
particular appropriation therein and any such provision or enactment must be limited in its
operation to the appropriation to which it relates.
1. The procedure in approving appropriations for Congress shall strictly follow the procedure for
approving appropriations for other departments and agencies.
1. A special appropriations bill must specify the purpose for which it is intended and must be
supported by funds actually available as certied by the National Treasurer or to be raised by a
corresponding revenue proposal therein.
1. Transfer of appropriations:
President
1. If Congress fails to pass General Appropriations Bill (GAB) by the end of any scal year:
ii. It will remain in full force and eect until the GAB is passed by Congress.
It should be passed with the concurrence of a MAJORITY of ALL the members of Congress.
1. Every bill shall embrace only one (1) subject, as expressed in the title thereof
i. As a mandatory requirement
ii. The title does not have to be a complete catalogue of everything stated in the bill. It is sucient if
the title expresses the general subject of the bill and all the provisions of the statute are germane to that
general subject.
iii. A bill which repeals legislation regarding the subject ma er need not state in the title that it is
repealing the la er. Thus, a repealing clause in the bill is considered germane to the subject ma er of the
bill.
1. Readings
1. In order to become a law, each bill must pass three (3) readings in both Houses.
2. General rule: Each reading shall be held on separate days & printed copies thereof in its nal form
shall be distributed to its Members three (3) days before its passage.
3. Exception: If a bill is certied as urgent by the President as to the necessity of its immediate
enactment to meet a public calamity or emergency, the 3 readings can be held on the same day.
4. First reading only the title is read; the bill is passed to the proper commi ee
Second reading Entire text is read and debates are held, and amendments introduced.
Third reading only the title is read, no amendments are allowed. Vote shall be taken immediately
thereafter and the yeas and nays entered in the journal.
1. Every bill, in order to become a law, must be presented to and signed by the President.
1. If the President does not approve of the bill, he shall veto the same and return it with his objections to
the House from which it originated. The House shall enter the objections in the Journal and proceed
to reconsider it.
1. The President must communicate his decision to veto within 30 days from the date of receipt thereof.
If he fails to do so, the bill shall become a law as if he signed it.
1. This rule eliminates the pocket veto whereby the President would simply refuse to act on the bill.
1. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass the bill.
In such case, the veto is overriden and becomes a law without need of presidential approval.
1. Item veto
1. The President may veto particular items in an appropriation, revenue or tari bill.
1. This veto will not aect items to which he does not object.
1. Denition of item
1. Revenue/tax bill Subject of the tax and the tax rate imposed thereon
1. Veto of RIDER
1. A rider is a provision which does not relate to a particular appropriation stated in the bill.
2. Since it is an invalid provision under Section 25(2), the President may veto it as an item.
1. No law shall be enacted increasing the Supreme Courts appellate jurisdiction without the SCs
advice and concurrence.
Limitations:
2) It should be EQUITABLE
4) The power to tax must be exercised for a public purpose because the power exists for the general
welfare
5) The due process and equal protection clauses of the Constitution should be observed.
a) Tari rates
2) The exercise of such power by the President shall be within the specied limits xed by Congress
and subject to such limitations and restrictions as it may impose.
a) Charitable institutions
c) Mosques
e) All lands, buildings and improvements actually, directly and exclusively used for religious,
charitable, or educational purposes.
2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt
from taxes and duties PROVIDED that such revenues and assets are actually, directly and exclusively
used for educational purposes. (Art. XIV Sec 4 (3))
3) Grants, endowments, donations or contributions used actually, directly and exclusively for
educational purposes shall be exempt from tax. This is subject to conditions prescribed by law. (Art.
XIV. Sec 4 (4))
1) No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation
made by law.
b) BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing. This is because
the rule does not require yearly, or annual appropriation.
2) Limitations.
(ii) Any priest, preacher, minister, or other religious teacher or dignitary as such.
government orphanage; or
leprosarium
c) BUT the government is not prohibited from appropriating money for a valid secular purpose, even
if it incidentally benets a religion, e.g. appropriations for a national police force is valid even if the
police also protects the safety of clergymen.
d) ALSO, the temporary use of public property for religious purposes is valid, as long as the property
is available for all religions
3) Special Funds
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3) Special Funds
a) Money collected on a tax levied for a special purpose shall be treated as a special fund and paid out
for such purpose only.
b) Once the special purpose is fullled or abandoned, any balance shall be transferred to the general
funds of the Government
1) Through the system of initiative and referendum, the people can directly propose and enact laws or
approve or reject any act or law or part thereof passed by the Congress or local legislative body.
2) Required Petition
Reference:
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About Magz
First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the College of Law but stopped
going to law school for some reasons. I'm a passionate teacher who has been teaching English to speakers of other
languages and a person who likes writing and blogging. I lost some important les and software when my
computer broke down so the reason I created this website is to preserve the notes, reviewers and digests I collected
when I was at the law school and at the same time, I want to help out law students who do not have enough time to
go and read books in the library.
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Posted on December 20, 2011, in Constitutional Law, Political Law and tagged Political Law
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