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THE PHILIPPINE
GOVERNMENT
This paper discusses the three departments of the Philippine
Government (legislative, executive, and judicial department) and
three Constitutional Commissions, the principles and doctrines
underlying their structure and composition, and their respective
roles, powers, and functions. The paper basically discusses the
Constitution of Government.
At the end of the discussion, the students must be able to:
1. Explain the basic political law doctrines involving the Philippine
Government;
2. Explain and distinguish the three branches of the government;
3. Identify and compare the respective roles, functions and
composition of the branches of the government; and
4. Explain and distinguish the powers, functions, and jurisdiction
of the three Constitutional Commissions.
PRELIMINARIES
1. Definition of Government. Government has been defined as that
institution or collection of institutions through which a sovereign
society makes and implements law which enable men to live with
each other or which are imposed upon the people forming the
society by those who have the authority of prescribing them.
2. Definition of “Government of the Republic of the Philippines.”
Under Section 2(1) of the Administrative Code of the Philippines,
the “Government of the Republic of the Philippines” is defined as
“the corporate governmental entity through which the functions of
government are exercised throughout the Philippines, including,
save as the contrary appears from the context, the various arms
through which political authority is made effective in the
Philippines, whether pertaining to the autonomous regions, the
provincial, city, municipal, or barangay subdivisions, or other
forms of local government.” In other words, it refers to the
corporate institution which acts as an instrument through which the
people exercise their sovereignty. It is composed of the central or
national government and local government units.
3. Overview of the Structure of the Philippine Government. As
provided in Article II of the Constitution, the Philippine
Government is democratic and republican. It follows the separation
of powers, so that as provided in Articles VI, VII and VIII, it
divides itself into three branches: Legislative, Executive, and
Judicial. Although these branches have their own particular powers
and functions, they form only one coherent government with a
common purpose. Independent Constitutional Commissions were
also created as constitutional safeguards for the other aspects of
governance in the Philippines, such as audit of public funds,
conduct of elections, and maintenance of civil service. The
intricacies of Philippine bureaucracy are laid down in the
Constitution of Government, which will be discussed below.
SEPARATION OF POWERS
Meaning of the Doctrine
The Doctrine of Separation of Powers entails: first, the division of
the powers of the government into three, which are legislative,
executive, and judicial; and second, the distribution of these
powers to the three major branches of the government, which are
the Legislative Department, Executive Department, and the
Judicial Department. Basically, it means that the Legislative
Department is generally limited to the enactment of the law and
not to implementation or interpretation of the same; the Executive
Department is generally limited to the implementation of the law
and not to the enactment or interpretation of the same; and the
Judicial Department is generally limited to the interpretation and
application of laws in specific cases and not to the making or
implementation of the same.
Purpose of the Doctrine
Prevention of Monopoly of Power. Separation of powers is said to
be an attribute of republicanism, in that, among other reasons, it
seeks to prevent monopoly or concentration of power to one person
or group of persons, and thereby forestalls dictatorship or
despotism. Sovereignty resides in the people, and it should remain
that way. Government officials, who are the representatives of the
people, must exercise the powers of their office in the interest of
the public. While representational exercise of power brings out the
essence of republicanism, too much concentration of power rips it
apart, as was experienced some administrations.
Separation not Exclusive
Important to understand is the meaning of “separation” not as
exclusivity but as “collaboration.” While each of the Departments
exercises its respective power, it does so in collaboration with the
other Departments because in the end they all belong to one
unified government with a common purpose. Appointment, for
example, of Members of the Supreme Court by the President must
be upon the recommendation of the Judicial and Bar Council. In
here before the President, who belongs to the executive branch,
appoint a Supreme Court justice, a recommendation must first be
given to him by the JBC, which is an independent body in the
judiciary. Another example would be the use of public funds. In
here, the President prepares the budget, on the basis of which the
Congress enacts an appropriations bill which will then be
submitted and approved by the President.
Checks and Balances
From the examples above one can understand the corollary
doctrine of “checks and balances.” Under the doctrine, there is no
absolute separation of the three branches of the government, but to
maintain their coequality each department checks the power of the
others. Generally, the departments cannot encroach each others’
power, but constitutional mechanisms allow each one of them to
perform acts that would check the power of others to prevent
monopoly, concentration, and abuse of power. For example, the
Judicial and Bar Council recommends nominees to the President so
that the latter will not capriciously appoint someone whom he can
easily convert into a puppet and thereby become his medium to
control the judiciary. In the same way, the disbursement of public
funds cannot depend solely upon the discretion of the President,
but must be based on legislation by the Congress.
Presidential System
The Philippines has a presidential form of government because it
observes the principle of separation of powers. The ordinary
connotation of presidential system is that it is headed by a
president, as distinguished from a parliamentary system which is
headed by a prime minister. The real essence, however, of the
presidential system and that which distinguishes it from the
parliamentary is its strict observance of the separation of powers.
Under the presidential system, any governmental act in violation of
the said doctrine is null and void. The government is divided into
three branches and each is limited to the power delegated to it. On
the contrary, under the parliamentary form, the legislative and
executive branches are “coordinate branches” so that the two
organs are fused together as one body performing both legislative
and executive functions. The Prime Minister, for example, is
chosen from among the lawmakers in the parliament to become the
head of the state. His term is at the pleasure of the parliament, thus,
making the executive branch intrinsically merged with the
legislative.
THE LEGISLATURE AND THE LEGISLATIVE PROCESS
Legislative Power
1. Meaning. The word “legislative” is derived from the Latin “lex”
which means “law.” In general, legislative power refers to the
power to make and unmake laws. Laws are rules or collection of
rules, whether written or unwritten, prescribed under the authority
of a political society for the common good. The “Legislative
Department” (Legislature) is the law-making branch of the
government.
2. Delegation to the Congress. Fundamentally, legislative power is
an attribute of sovereignty, in that the Constitution itself, the
fundamental law of the State, is a legislation of the sovereign
people. However, through the Constitution, the people “delegated”
the legislative power to the Congress of the Philippines. Section 1,
Article VI states that “Legislative power shall be vested in the
Congress of the Philippines…” The delegation of power entails a
surrender of authority to the representatives, or in the case of
legislative power, to the Congress. Thus, law-making can only be
performed by the Congress, even if the law it enacts involves the
people.
3. Reservation to the People. The Constitution, however, makes a
reservation as to the delegation, in that it explicitly states: “…
except to the extent reserved to the people by the provision on
initiative and referendum.” In other words, there is no complete
delegation of law-making power to the Congress, as the power is
reserved to the people in cases of initiative and referendum. Thus,
laws are made or unmade, first, by the Congress in the form of
“statutes,” and second, by the people in initiatives and
referendums; legislative power is exercised by the Congress and
the sovereign Filipino people.
4. Legislative Power as Exercised by Congress. Legislative power
as exercised by Congress manifests itself more specifically in the
Constitution as “power of appropriation,” “power of taxation,” and
“power of concurrence.”
(a) Power of Appropriation. Section 29 (1), Article VI speaks of
the power to appropriate. It states, “No money shall be paid out of
the Treasury except in pursuance of an appropriation made by
law.” Appropriation means the authorization by law for the use of
a certain sum of the public funds. An appropriations law is
necessary before public funds may be spent by the government for
its projects. The government needs money in all its activities and
projects so that the power of appropriation, also known as the
“power of the purse,” is said to be one of the most important
prerogatives of the Congress.
(b) Power of Taxation. The power, which is one of the inherent
powers of the state, is generally exercised by the legislative
department. The Constitution limits such power as follows: “The
rule of taxation shall be uniform and equitable. The Congress shall
evolve a progressive system of taxation.” As was discussed in
Chapter 4, taxation must be uniform, equitable, and progressive.
Any law passed by the Congress contrary to this provision is null
and void.
(c) Power of Concurrence. Section 21, Article VII states that “no
treaty or international agreement shall be valid and effective unless
concurred in by at least two-thirds of all the Members of the
Senate.” This refers to the power of concurrence of the Congress in
which no treaty can become binding and effective as a domestic
law without the two-thirds concurrence of the Members of the
Senate.
Non-Delegation of Powers
1. Meaning and Explanation. The Congress cannot further delegate
the power delegated to it by the people. This is in keeping with the
principle of non-delegation of powers which is applicable to all the
three branches of the government. The rule states that what has
been delegated cannot further be delegated – potestas delegata non
delegari potest. A delegated power must be discharged directly by
the delegate and not through the delegate’s agent. It is basically an
ethical principle which requires direct performance by the delegate
of an entrusted power. Further delegation therefore constitutes
violation of the trust reposed by the delegator on the delegate. The
people, through the Constitution, delegated lawmaking powers to
the Congress, and as such, it cannot as a rule delegate further the
same to another.
2. Exceptions. In order to address the numerous and complex
demands of legislative function, the Constitution provides
exceptions to the rule. Further delegation is permitted in the
following cases:
(a) Delegation to the people at large. The Congress further
delegates its legislative power by allowing direct legislation by the
people in cases of initiative and referendum;
(b) Delegation of emergency powers to the President. Section 23
(2), Article VI of the Constitution states that “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.” Emergency powers are delegated
to the President by the Congress to effectively solve the problems
caused by war or other crisis which the Congress could not
otherwise solve with more dispatch than the President;
(c) Delegation of tariff powers to the President. Section 28 (2),
Article VI of the Constitution states that “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.” Tariff powers are
delegated to the President by the Congress to efficiently and
speedily solve economic problems posed by foreign trade which
the Congress could not otherwise address with more dispatch than
the President;
(d) Delegation to administrative bodies. The Congress delegates
the so called “power of subordinate legislation” to administrative
bodies. Due to the growing complexity of modern society, it has
become necessary to allow specialized administrative bodies to
promulgate supplementary rules, so that they can deal with
technical problems with more expertise and dispatch than the
Congress or the courts. Regulations or supplementary rules passed
by the administrative bodies are intended to fill-in the gaps and
provide details to what is otherwise a broad statute passed by
Congress. For the rules and regulations to be valid and binding,
they must be in accordance with the statute on which they are
based, complete in themselves, and fix sufficient standards. If any
of the requirements is not satisfied, the regulation will not be
allowed to affect private rights; and
(e) Delegation to the local governments. This delegation is based
on the principle that the local government is in better position than
the national government to act on purely local concerns.
Legislative power is therefore given to them for effective local
legislation.
Bicameralism and Composition of Congress
1. Bicameralism in the Congress. The Constitution prescribes
bicameralism in the Congress. Congress, to whom legislative
power is vested, “shall consist of a Senate and a House of
Representatives.” Bicameralism is a traditional form of legislative
body consisting of two chambers or houses, one representing
regional interests and the other representing national interests. The
Congress of the Philippines is said to be bicameral because it
consists of two houses: the House of Representatives, which is
concerned with local issues, and the Senate, which is concerned
with national issues. These two are co-equal branches and their
primary function is law-making.
2. The Senate. The Senate and its members are described in the
Constitution as follows:
(a) Composition. The Senate is “composed of twenty-four Senators
who shall be elected at large by the qualified voters of the
Philippines, as may be provided by law.” It is said to be the
training ground of future Presidents because membership in the
Senate requires national constituency and demands a broad
circumspection of the issues and problems of the country.
(b) Qualifications of a Senator. To be a senator, one must be 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.”
(c) Term. Each Senator shall have a term of six years and he shall
serve for not more than two consecutive terms.
3. The House of Representatives. The House and its members are
described in the Constitution as follows:
(a) Composition. The House of Representatives is composed of
“District Representatives” and “Party-list Representatives.” On the
one hand, district representatives or congressmen as they are
commonly called, whose number is now fixed by law, are elected
from the “legislative districts” in provinces and cities. On the other
hand, party-list representatives are elected at large through a party-
list system of registered national, regional, and sectoral parties or
organizations. Twenty percent of the total number of all the
members of the House of Representatives constitutes the party-list
representatives.
(b) Qualifications of a Member. To be a member of the House of
Representatives, one must be “a natural-born 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.”
(c) Term. Each Member has a term of three years and shall serve
for not more than three consecutive terms.
4. The Officers of the Congress are the Senate President, who
heads the sessions in the Senate, and the House Speaker, who
heads the House of Representatives. They are elected by majority
vote of all their respective members. If it deems necessary, each
House can choose other officers.
Party-list Representation
1. Meaning and Purpose. The party-list system aims at establishing
representation of the underprivileged. It is a social justice tool
designed not just to make the underprivileged mere beneficiaries of
law but to make them lawmakers themselves. It opens up the
political system to the prejudiced and underrepresented sectors of
the society. Under the present rule, however, party-list
representatives need not represent only the marginalized and the
underrepresented; national political parties can participate through
their sectoral wings provided they are registered separately in the
COMELEC. Party-list representatives after all may represent not
just a marginalized or underrepresented sectors but also
“ideologies” germane to democracy.
2. Parameters for Allocation of Seats. As to the allocation of seats
of party-list representatives in the House of Representatives, the
parameters are:
(a) Twenty percent allocation in the House (Sec. 5(2), Art. VI);
(b) To qualify to a seat, at least two percent of the votes is casted
on the party;
(c) A qualified party is entitled to a maximum of three seats; and
(d) Proportional representation as to the number of additional seats
vis-à-vis the total number of votes cast.
Sessions and Quorum
1. Kinds of Session. The Congress has regular sessions and special
sessions. On the one hand, the regular sessions are conducted once
a year starting on the fourth Monday of July and continue as long
as the Congress deems it necessary but only until thirty days before
the next regular session. On the other hand, special sessions are
conducted anytime upon the call of the President on subjects he
wishes to consider. This can last for as long as the Congress wants.
2. Quorum. In order to transact business during its regular or
special sessions, each House must meet the quorum or majority of
the body. One half of the members plus one is the majority. No law
can be passed or a legislative function discharged unless the
quorum is reached. In determining the quorum, however, members
who are abroad, suspended or otherwise prevented from
participating are not counted. Only those who are in the
Philippines and on whom the Congress has coercive power to
enforce its authority and command are counted. For example, if
one of the members of the Senate is outside the Philippines, the
base number is twenty three because the Senator abroad is not
counted. The quorum is therefore twelve since it is the majority of
twenty three.
3. Recess. Thirty days before the next regular sessions, the
Congress shall have its compulsory recess or adjournment. But
each House can adjourn for a voluntary recess provided that the
consent of the other House is obtained if the adjournment is for
three days or to any other place than that to which the two Houses
are sitting.
Parliamentary Immunities
1. Meaning. Parliamentary immunity refers to the privilege given
to Members of the Congress intended to ensure their effective
discharge of legislative functions and maintenance of
representation in the Congress.
2. Two Kinds of Immunity. The Constitution provides two kinds of
immunities: “immunity from arrest” and “privilege of speech and
debate.” Section 11, Article VI states: “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.”
(a) Immunity from arrest refers to the freedom of Senators and
Members of the House of Representative from arrest while the
Congress is in session, whether regular or special, from the time it
convenes until its final adjournment. The offense, however, of
which the arrest is made must not be punishable for more than six
years of imprisonment. For example, if Senator Pedro is charged
for the crime of simple theft while the Congress is still in session,
he cannot be arrested because simple theft is not punishable for
more than six years of imprisonment. But if he is charged for rape,
he may be arrested even though the Congress is in session because
rape is punishable by more than six years imprisonment.
(b) Privilege of speech and debate refers to the freedom of
Senators and Members of the House of Representatives from being
questioned or held liable in any place for any speech or debate in
the Congress or in any committee thereof. This is to give leeway to
the members of the Congress to express their ideas without fear of
being held liable in the courts of justice for the effective discharge
of their duties. It must be noted, however, that the privilege is
effective only in speeches and debates made in the Congress or in
those uttered by the legislator in his capacity as member of the
Congress. Moreover, although the legislator cannot be held liable
before the courts, he could be held liable in the Congress itself for
words or conduct unbecoming of a member. For example, if
Congressman Pedro, during his speech before the House, uttered
unsavory remarks against a fellow member, he cannot be charged
for libel before the courts but he can be made liable in the House
itself for words or conduct unbecoming of a member of the House.
Restrictions and Disqualifications
1. Conflict of Interest. The Constitution demands transparency in
the Congress, particularly in the financial and business interests of
its members, in order for the legislature to be aware of a “potential
conflict of interest.” Potential conflict of interest happens when a
legislator derives financial advantage from a law which he
legislates or was legislated during his term and the body was not
notified of such conflict. It constitutes betrayal of public trust in
that the personal interest of the legislator is placed over that of the
public. Note however that the legislator can still propose a law
even if there is a potential conflict of interest for as long as he has
notified the body about it. The purpose therefore of this
requirement is to allow the House to better examine the legislation
vis-à-vis the legislator.
2. Incompatible Office. In keeping with doctrine of separation of
powers, the Constitution provides that “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.” This disqualification refers to the
“incompatible office” which is any other office in the government
that if held by a member of the Congress would result to the
forfeiture of his seat in the Congress. The provision allows a
member to hold an incompatible office but the result is the
automatic forfeiture of his seat. For example, if during the term of
Senator Pedro he becomes the head of a government-owned and
controlled corporation, he will no longer be Senator because of the
automatic forfeiture, the GOCC being an incompatible office.
3. Forbidden Office. Another disqualification involves the so-
called “forbidden offices” or offices which have been created or
the emoluments of which were increased while the legislator was a
member of the Congress. The purpose of this disqualification is to
prevent legislators to create an office or to increase its emoluments
for personal gain. Pursuant to this disqualification, a Senator, for
example, cannot be appointed to a civil or military office which
was created while he was still a senator. The disqualification lasts
for the entire six-year term even if the member resigns before the
end of his term.
Independent Bodies
1. The Constitution creates two independent bodies in the Congress
especially to perform non-legislative functions and to check the
appointing power of the Chief Executive, to wit: (a) the Electoral
Tribunals and (b) Commission on Appointments. Although
majority of their members come from the Congress, they
considered independent bodies in that they have the exclusive right
to prescribe their own rules of procedure, they have their own set
of employees who are under their control and supervision, and they
have their own function distinct from that of the Congress.
2. Electoral Tribunal. To ensure fairness and impartiality in
deciding election contests involving members of the Congress,
each House in the Congress shall have an Electoral Tribunal: the
“Senate Electoral Tribunal” in the Senate, and “House of
Representatives Electoral Tribunal” in the House of
Representatives. Each Electoral Tribunal shall be the sole judge of
all contests relating to the election, returns, and qualifications of
their respective Members. Each shall be composed of nine
members, three are Justices of the Supreme Court, and six are
members of the Senate or the House of Representatives, as the case
may be. The Chairman shall be the senior Justice. While the
member Justices are designated by the Chief Justice of the
Supreme Court, the six other legislator members are chosen on the
basis of proportional representation from political parties and
party-list organizations (duly registered under the party-list
system) in the Congress. Thus, if there is an election contest, for
instance, involving the qualifications of Congressman Juan, the
case shall be decided by the House of Representatives Electoral
Tribunal which is the sole judge of election contests involving the
Members of the House of Representatives.
3. Commission on Appointments. Another independent body in the
Congress is the Commission on Appointments which was created
to check the appointing power of the President, specifically in
appointments to importance offices in the government. It consists
of twenty five members: the Senate President, as ex officio
Chairman, twelve Senators, and twelve Members of the House of
Representatives. The Senators and Members of the House are
elected by their respective Houses based on proportional
representation from the political parties and party-list organizations
(duly registered under the party-list system) in the Congress. The
function of the Commission is to approve or disapprove the
nominations submitted to it by the President to appointments that
require its approval. For example, before a Cabinet Member may
be appointed, the President must first submit his nomination for
approval to the Commission on Appointments. With the approval,
there could be no appointment.
Procedure of How a Bill Becomes a Law
1. Bill vs. Statute. Among the most important things studied in
Article VI, The Legislative Department, is the procedure of how a
bill becomes a law. A bill is a proposed law. As such, it is not yet
binding nor does it confer or affect the rights and duties of
individuals. It becomes a law only after it has gone through all the
formalities and solemnities of the legislation process as prescribed
in the Constitution. The law enacted by the Congress is called a
statute.
2. The procedure is as follows:
(a) A bill is introduced by any Member of the Senate or the House
of Representatives by filing it with the Office of the Secretary
where it is calendared for the First Reading. Some bills, however
must originate exclusively from the House of Representatives,
such as the appropriation, revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and private
bills, although the Senate may propose or concur with
amendments.
(b) During the first reading the number, title, and name/s of
author/s are read. The subject of the bill as expressed in its title
must only be one in order to avoid hodge-podge or log-rolling
legislation which entails insertion of many unrelated subjects. The
bill is referred to an appropriate committee for study. Public
hearings or consultations may be conducted by the committee
before it recommends the bill for approval, with or without
amendments, or for consolidation with similar bills, or for
disapproval. If it is disapproved, the bill is said to be “killed.” If
approved or reported out, it will calendared for the second reading.
(c) During the second reading, which is the start of the most
important stage, the bill is read in its entirety, together with the
amendments introduced by the committee, if there are any. The bill
will thereafter be debated upon and amended if the members deem
it necessary.
(d) The approved bill in the second reading is printed in its final
form and copies of it are furnished to the members three days
before the third reading. During the third reading, only the title of
the bill is read, and immediately after, the Members will vote
thereon and their votes (yeas and nays) will be entered in the
journal. No further amendments are allowed.
(e) The approved bill is referred to the other house where it also
undergoes three readings on three separate days. If compromise or
reconciliation of conflicting provisions is necessary because of the
differences in the House Bill and Senate Bill version, the bill shall
be submitted to a joint bicameral committee.
(f) After the bill has been approved on third reading on both
Houses it shall be submitted to the President for his action. He
approves by signing the bill; he disapproves by vetoing and
returning the bill with his objections to the House of origin. In
order to override the veto of the President, two-thirds of all the
Members of each house voting separately must agree to pass the
bill. If the President will not act on the bill in thirty days, the bill
shall become a law as if signed by him. “Pocket veto” is not
allowed under the laws.
(g) The enrolled bill or bill as printed and approved by the
Congress and the President shall be published in a newspaper of
general circulation or in the Official Gazette of the Government
and shall become binding fifteen days following its publication
unless another date is provided therein.
3. Three Readings on Three Separate Days. What is important to
remember in all these steps is the rule of “three readings on three
separate days.” Except when the President certifies to the necessity
of its immediate enactment to meet a public calamity or
emergency, no bill can become a law unless it passes three
readings on three separate days in both Houses of the Congress.
Non-legislative and other Powers of Congress
1. Non-Lawmaking Powers. Aside from lawmaking, Congress
performs non-lawmaking functions, such as initiation and holding
of impeachment (Art. XI, Sec. 2), acting as a constituent assembly
(Article XVII, Sec. 1), declaration of existence of war (Art. VI,
Sec. 1), approval of Presidential appointments through the
Commission on Appointments (Art. VI, Sec. 17), and deciding
election cases involving its members (Art. VI, Sec. 16).
2. Power to Declare the Existence of War. Section 23 (1), Article
VI states that “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.” This means
that when the Philippines is under attack by foreign invaders, the
Congress by means of enacting a law, affirms that the Philippines
is already at war with the enemy. War is not solely controlled by
the President who is the commander in chief of the military; it is
likewise controlled by the legislature because it has power over the
money used in the war.
3. Legislative Inquiries. The Congress also conducts legislative
inquiries which power is necessarily implied in its power to
legislate. Legislative inquiry is a process held in the Congress
especially conducted to compulsorily obtain requisite information
from witnesses in aid of legislation. The process and the requite
information taken are necessary to legislate wisely and effectively.
The Constitution provides limitations, to wit: (1) the inquiries must
be in aid of legislation; (2) it must be in accordance with the duly
published rules of procedure of the Congress; and (3) the rights of
persons appearing shall be respected.
4. Question Hour. Inquiries may also be conducted to obtain
information from the heads of departments on matters pertaining to
how laws are implemented. This is called the question hour. The
manner of obtaining information, however, is not compulsory
because of the doctrine of separation of powers. The heads of the
departments are alter egos of the President; to maintain the co-
equality of the executive and legislative branch, either House of
Congress may only request for the appearance of the department
heads. Conversely, the department heads may appear but the
Congress is not obliged to hear them. Question hour is different
from legislative inquiry in that appearance in the former is not
compulsory, while appearance in the latter is compulsory;
information derived in the former is in exercise of “oversight
functions,” while informative derived in the latter is in aid of
legislation; and the former is not among the traditional processes of
a presidential government, while the latter is an inherent legislative
power under a presidential government.
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This entry was posted on August 2, 2014 by tamayaocsu in
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Tuguegarao City, Cagayan Atty. MICHAEL JHON M.
TAMAYAO manages this blog. He is currently starting his private
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pursued Licentiate in Philosophy and Master of Arts in Philosophy
degrees at the same university, completing them both in 2007. In
2009, he took up Bachelor of Laws and Letter at the Cagayan State
University, where he also teaches. He passed the 2013 bar exams,
and now currently taking up Master of Laws and Letters at the San
Beda Graduate School of Law.
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