Sections 2-4.

SENATE
ARTICLE VI – THE LEGISLATIVE DEPARTMENT
Composition

Sec. 1. The legislative power shall be vested in the Congress of the Philippines, which shall consist of a
24 senators who shall be elected at large by the qualified voters of the Philippines, as may be provided
Senate and a House of Representatives, except to the extent reserved to the people by the provision
by law.
on initiative and referendum.

Qualifications
Definition of Legislative Power:
1. Natural-born citizen;
The authority to make laws and to alter or repeal them. 2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter; and
Classification of legislative power: (O De CO) 5. Philippine resident for at least 2 years immediately preceding the day of the election.
1. Original – Possessed by the people in their sovereign capacity
Note: The qualifications of both Senators and Members of the House are limited to those provided by
2. Delegated – Possessed by Congress and other legislative bodies by virtue of the Constitution
the Constitution. Congress cannot, by law, add or subtract from these qualifications.
3. Constituent – The power to amend or revise the Constitution
4. Ordinary – The power to pass ordinary laws Term of Office:
Note:

6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their election.
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
Term Limitations:
local government unit. 1. No Senator shall serve for more than 2 consecutive terms.
2. Voluntary renunciation of 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.

Sections 5-7. HOUSE OF REPRESENTATIVES

Limits on the legislative power of Congress:
1. Substantive – limitations on the content of laws. E.g. no law shall be passed establishing a state religion. Composition:
1. Procedural – limitations on the manner of passing laws. E.g. generally a bill must go through three readings 1. Not more than 25 members, unless otherwise fixed by law; and
on three separate days. 2. Party-list Representative
Note: Election of 250 members
1. They shall be elected from legislative districts apportioned among the provinces, cities and the Metropolitan
Provided that these two limitations are not exceeded, Congress’ legislative power is plenary. 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.
Corollaries of legislative power: 3. Each province will have at least one representative.
1. Congress cannot pass irrepealable laws. Since Congress’ powers are plenary, and limited only by the 4. Legislative districts shall be re-apportioned by Congress within 3 years after the return of each census.
Constitution, any attempt to limit the powers of future Congresses via an irrepealable law is not allowed. According to Jack, however, while the apportionment of districts is NOT a political question, the judiciary
1. Congress, as a general rule, cannot delegate its legislative power. Since the people have already delegated CANNOT compel Congress to do this.
legislative power to Congress, the latter cannot delegate it any further. 5. The standards used to determine the apportionment of legislative districts is meant to prevent
EXCEPTIONS: ‘gerrymandering’, which is the formation of a legislative district out of separate territories so as to favor a
1. Delegation of legislative power to local government units; particular candidate or party.
2. Instances when the Constitution itself allows for such delegation [see Art. VI Sec. 23(2)] Qualifications
What may Congress delegate: 1. Natural born citizen of the Philippines;
2. At least 25 years old on the day of the election;
Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER or LAW 3. Able to read and write;
4. Registered voter in the district he seeks to represent; and
EXECUTION. This involves either of two tasks for the administrative agencies:
5. A resident of such district for at least one year immediately preceding the day of the election.
Term of Office
1. “Filling up the details” on an otherwise complete statute; or
2. Ascertaining the facts necessary to bring a “contingent” law or provision into actual operation.
 1. Each member of the House shall be elected for a term of three (3) years which shall commence (unless Sec. 11: CONGRESSIONAL IMMUNITIES
otherwise provided for by law) at noon on 30 June next following their election. 1.) Immunity from arrest:
2. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the 1. Legislators are privileged from arrest while Congress is “in session” with respect to offenses punishable by up
continuity of his service for the full term for which he was elected. to 6 years of imprisonment. Thus, whether Congress is in regular or special session, the immunity from arrest
Term Limitations applies.
2. If Congress is in recess, members thereof may be arrested.
No member of the House of Representatives shall serve for more than three (3) consecutive terms. 3. The immunity is only with respect to arrests and NOT to prosecution for criminal offenses.
2.) Legislative privilege:
1. No member shall be questioned or held liable in any forum other than his/her respective Congressional body
Distinctions between Term and Tenure
for any debate or speech in the Congress or in any Committee thereof.
1. Definition
1. Limitation on the privilege:
1. Terms means the period during which the elected officer is legally authorized to assume his office and
exercise the powers thereof.
2. Tenure is the actual period during which such officer actually holds his position. (i) Protection is only against forum other than Congress itself. Thus for inflammatory remarks
1. Limitation/Possible Reduction which are otherwise privileged, a member may be sanctioned by either the Senate or the House as the
1. Term CANNOT be reduced. case may be.
2. Tenure MAY, by law, be limited. Thus, a provision which considers an elective office automatically
vacated when the holder thereof files a certificate of candidacy for another elective office (except
(ii) The ‘speech or debate’ must be made in performance of their duties as members of
President and Vice-President) is valid, as it only affects the officers tenure and NOT his
constitutional term. Congress. This includes speeches delivered, statements made, votes cast, as well as bills introduced, and
Party-List Representatives other activities done in performance of their official duties.
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) (iii) Congress need NOT be in session when the utterance is made, as long as it forms part of
1. However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95 and 95-98 terms), 25 seats ‘legislative action,’ i.e. part of the deliberative and communicative process used to participate in
shall be allotted to sectoral representatives. Under Art. XVIII, Sec. 7, the sectoral representatives are to be legislative proceedings in consideration of proposed legislation or with respect to other matters with
appointed by the President until legislation otherwise provides.
Congress’ jurisdiction.
1. Mechanics of the party-list system:
1. Registered organizations submit a list of candidates in order of priority.
2. During the elections, these organizations are voted for at large. Sec. 12. All Members of the Senate and the House of Representatives shall, upon assumption of office,
3. The number of seats that each organization gets out of the 20% allotted to the system depends on make a full disclosure of their financial and business interests. They shall notify the House concerned
the number of votes they get. of a potential conflict of interest that may arise from the filing of a proposed legislation of which they
1. Qualifications are authors.
1. Natural born citizen of the Philippines
2. At least 25 years of age on the day of the election
3. Able to read and write
Sec. 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be
called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Sec. 13-14: CONGRESSIONAL DISQUALIFICATIONS:
Representatives thus elected shall serve only for the unexpired term. Disqualifications:
Sec. 10. Salaries of Senators and Members of the House DISQUALIFICATION WHEN APPLICABLE
Determination of Salaries: 1. Senator/Member of the House cannot hold any During his term. If he does so, he forfeits his seat.
other office or employment in the Government or
Salaries of Senators and Members of the House of Representatives shall be determined by law. any subdivision, agency or Instrumentality thereof,
including GOCCS or their subsidiaries.
Rule on increase in salaries: 2. Legislators cannot be appointed to any office. IF the office was created or the emoluments
thereof increased during the term for which he
No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL TERM (NOT was elected.
TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES APPROVING 3. Legislators cannot personally appear as counsel During his term of office.
SUCH INCREASE. before any court of justice, electoral tribunal, quasi-
judicial and administrative bodies.
Note: Since the Constitution ‘provides for rules on “salaries” and not on ‘emoluments,’ our distinguished 4. Legislators cannot be financially interested During his term of office.
legislators can appropriate for themselves other sums of money such as travel allowances, as well as directly or indirectly in any contract with or in any
other side ‘benefits.’ franchise, or special privilege granted by the
Government, or any subdivision, agency or
instrumentality thereof, including any GOCC or its
subsidiary.
5. Legislators cannot intervene in any matter
before any office of the government.
Sec. 15: REGULAR AND SPECIAL SESSIONS
Regular Sessions:
1.) Congress convenes once every year on the 4 Monday of July (unless otherwise provided for by law)
th
When it is for his pecuniary benefit or where he
may be called upon to act on account of his office.
2.) Expulsion
1. Concurrence of 2/3 of ALL its members.
Congressional Journals and Records:
1.) The Journal is conclusive upon the courts.
2.) BUT an enrolled bill prevails over the contents of the Journal.

3.) An enrolled bill is the official copy of approved legislation and bears the certifications of the
2.) Continues in session for as long as it sees fit, until 30 days before the opening of the next regular presiding officers of each House. Thus where the certifications are valid and are not withdrawn, the
session, excluding Saturdays, Sundays, and legal holidays. contents of the enrolled bill are conclusive upon the courts as regards the provision of that particular bill.

Special Sessions: Adjournments:

Called by the President at any time when Congress is not in session. 1.) Neither House can adjourn for more than 3 days during the time Congress is in session without the
consent of the other House.
Sec. 16. Officers:
2.) Neither can they adjourn to any other place than that where the two houses are sitting, without the
1.) Senate President; consent of the other.

2.) Speaker of the House; and Section 17: THE ELECTORAL TRIBUNAL
The Senate and the House shall each have an Electoral Tribunal which shall be composed of:
1. 3 Supreme Court Justices to be designated by the Chief Justice; &
3.) Each House may choose such other officers as it may deem necessary.
2. 6 Members of the Senate or House, as the case may be.

Election of Officers
The senior Justice in the Electoral Tribunal shall be its Chairman.

By a majority vote of all respective members. Note: The congressional members of the ET’s shall be chosen on the basis of proportional representation
from the political parties and party-list organizations.
Quorum to do business:
1. Majority of each House shall constitute a quorum.
Jurisdiction:
2. A smaller number may adjourn from day to day and may compel the attendance of absent members.
3. In computing a quorum, members who are outside the country and thus outside of each House’s coercive
jurisdiction are not included. 1.) Each ET shall be the sole judge of all CONTESTS relating to the election, returns, and qualifications of
Internal Rules: their respective members. This includes determining the validity or invalidity of a proclamation declaring
1. Each House shall determine its own procedural rules. a particular candidate as the winner.
2. Since this is a power vested in Congress as part of its inherent powers, under the principle of separation of
powers, the courts cannot intervene in the implementation of these rules insofar as they affect the members
2.) An ‘election contest’ is one where a defeated candidate challenges the qualification and claims for
of Congress.
himself the seat of a proclaimed winner.
3. Also, since Congress has the power to make these rules, it also has the power to ignore them when
circumstances so require.
Discipline: 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 qualifications are
1.) Suspension determined may still be exercised even without an election contest.

1. Concurrence of 2/3 of ALL its members and Issues regarding the Electoral Tribunals:
2. Shall not exceed 60 days.
1.) Since the ET’s 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
matters relating to the functions of the ET’s, such as the setting of deadlines or filing 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 sitting on the ET are those which
are sought to be disqualified due to the filing of an election contest against them does not warrant all of
them from being disqualified from sitting 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 disqualified, the ET would not be able to fulfill 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.
Section 18: THE COMMISSION ON APPOINTMENTS
Composition:
1.) Senate President as ex-officio chairman;
2.) 12 Senators; and
3.) 12 Members of the House.
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
1.) The chairman shall only vote in case of a tie.
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 confirm 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. Officers of the AFP from the rank of Colonel or Naval Captain: and
4. Other officers 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 office created by such
law shall be subject to confirmation by the CA.
3.) Appointments extended by the President to the above-mentioned positions while Congress is not in
session shall only be effective until disapproval by the CA or until the next adjournment of Congress.
Meetings of the CA
1.) CA meets only while Congress is in session.
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.
Sections 21-22: LEGISLATIVE INQUIRIES
Scope:
1. Either House or any of their committees 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 final 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 indefinite 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 affected by such inquiries shall be respected. Ex. The right against self-
incrimination.
Appearance by department heads before Congress:
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. Department heads may appear before Congress in the following instances.
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 attend) 1. The procedure in approving appropriations for Congress shall strictly follow the procedure for approving
1. The appearance will be conducted in EXECUTIVE SESSION when: appropriations for other departments and agencies.
1. Required by the security of state or required by public interest; and 1. A special appropriations bill must specify the purpose for which it is intended and must be supported by
2. When the President so states in writing funds actually available as certified by the National Treasurer or to be raised by a corresponding revenue
Sections 23-24. DECLARATION OF WAR/EMERGENCY POWERS proposal therein.
Vote requirement: (to declare the existence of a state of war) 1. Transfer of appropriations:
1. 2/3 of both Houses, in joint session 1. Rule: No law shall be passed authorizing any transfer of appropriations
2. Voting separately 2. BUT the following 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
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. – President
1. Limitations:
1. Powers will be exercised for a limited period only; and – President of the Senate
2. Powers will be subject to restrictions prescribed by Congress
1. Expiration of emergency powers
1. By resolution of Congress or
– Speaker of the House of Representatives
2. Upon the next adjournment of Congress
Sections 24-27, 30-31 LEGISLATION – Chief of Justice of the Supreme Court
Bills that must originate from the House of Representatives (Section 24)
CODE: A R T Pu Lo P – Heads of the Constitutional Commissions
1. Appropriation bills
2. Revenue bills 1. Discretionary funds appropriated for particular officials shall be:
3. Tariff bills 1. Disbursed only for public purposes;
4. Bills authorizing the increase of public debt 2. Should be supported by appropriate vouchers; and
5. Bills of local application 3. Subject to guidelines as may be prescribed by law.
6. Private bills 1. If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year:

Note: The Senate may, however, propose or concur with amendments. i. The GAB for the previous year is deemed reenacted

Appropriation bills ii. It will remain in full force and effect until the GAB is passed by Congress.
1. The primary and specific aim of an appropriation bill is to appropriate a sum of money from the public
treasury.
1. For law granting tax exemption
1. Thus, a bill enacting the budget is an appropriations bill.
1. BUT: A bill creating a new office, and appropriating funds therefor is NOT an appropriation bill.
Revenue Bill It should be passed with the concurrence of a MAJORITY of ALL the members of Congress.
1. A revenue bill is one specifically 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 1. For bills in general
Board law imposing a tax on video rentals does not make the law a revenue bill. 1. Every bill shall embrace only one (1) subject, as expressed in the title thereof
Bills of local application
i. As a mandatory requirement
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 filed prior to the filing of the bill ii. The title does not have to be a complete catalogue of everything stated in the bill. It is sufficient if
in the Senate even if, in the end, the Senate approved its own version. the title expresses the general subject of the bill and all the provisions of the statute are germane to that
general subject.
Limitations:
1. For appropriation bills: iii. A bill which repeals legislation regarding the subject matter need not state in the title that it is
1. Congress cannot increase the appropriations recommended by the President for the operation of the repealing the latter. Thus, a repealing clause in the bill is considered germane to the subject matter of
Government as specified in the budget. the bill.
1. Each provision or enactment in the General Appropriations Bill must relate specifically to some particular
appropriation therein and any such provision or enactment must be limited in its operation to the
1. Readings
appropriation to which it relates.
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 final form shall be 4) The power to tax must be exercised for a public purpose because the power exists for the general
distributed to its Members three (3) days before its passage. welfare
3. Exception: If a bill is certified 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 committee
5) The due process and equal protection clauses of the Constitution should be observed.

Second reading – Entire text is read and debates are held, and amendments introduced. Delegation of power to fix rates

Third reading – only the title is read, no amendments are allowed. Vote shall be taken immediately 1) Congress may, BY LAW, authorize the President to fix the following:
thereafter and the yeas and nays entered in the journal.
a) Tariff rates
Veto power of President:
1. Every bill, in order to become a law, must be presented to and signed by the President. b) Import and Export Quotas
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 c) Tonnage and wharfage dues
reconsider it.
1. The President must communicate his decision to veto within 30 days from the date of receipt thereof. If he
d) Other duties and imposts
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.
Within the framework of the national development program of the Government

2) The exercise of such power by the President shall be within the specified limits fixed by Congress
1. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass the bill. In such and subject to such limitations and restrictions as it may impose.
case, the veto is overriden and becomes a law without need of presidential approval.
1. Item veto Constitutional tax exemptions:
1. The President may veto particular items in an appropriation, revenue or tariff bill.
1. This veto will not affect items to which he does not object.
1) The following properties are exempt from REAL PROPERTY taxes
1. Definition of item
TYPE OF BILL ITEM
(CODE: Cha Chu M- CA)
1. Revenue/tax bill Subject of the tax and the tax rate imposed thereon
a) Charitable institutions
2. Appropriations bill Indivisible sum dedicated to a stated purpose
b) Churches, and parsonages or convents appurtenant thereto
1. Veto of RIDER
1. A rider is a provision which does not relate to a particular appropriation stated in the bill. c) Mosques
2. Since it is an invalid provision under Section 25(2), the President may veto it as an item.
Specific limitations on legislation d) Non-profit cemeteries; and
1. No law shall be enacted increasing the Supreme Court’s appellate jurisdiction without the SC’s advice and
concurrence.
e) All lands, buildings and improvements actually, directly and exclusively used for religious,
1. No law shall be enacted granting titles of royalty or nobility.
charitable, or educational purposes.
Section 28. POWER TO TAX
Limitations:
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
1) The rule of taxation should be UNIFORM
educational purposes. (Art. XIV Sec 4 (3))

2) It should be EQUITABLE
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.
3) Congress should evolve a PROGRESSIVE system of taxation.
Sec 4 (4))
Section 29. Power of the Purse 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.
1) No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation made
by law. 2) Required Petition

a) This places the control of public funds in the hands of Congress. a) Should be signed by at least 10% of the total number of registered voters

b) BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing. This is because b) Every legislative district should be represented by at least 3% of the registered voters
the rule does not require yearly, or annual appropriation.
c) Petition should be registered
2) Limitations.

a) Appropriations must be for a PUBLIC PURPOSE

b) Cannot appropriate public funds or property, directly or indirectly, in favor of

(i) Any sect, church, denomination, or sectarian institution or system of religion or

(ii) Any priest, preacher, minister, or other religious teacher or dignitary as such.

EXCEPT if the priest, etc is assigned to:

– the Armed Forces; or

– any penal institution; or

– government orphanage; or

– leprosarium

c) BUT the government is not prohibited from appropriating money for a valid secular purpose, even if
it incidentally benefits 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

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 fulfilled or abandoned, any balance shall be transferred to the general
funds of the Government

Section 32. INITIATIVE AND REFERENDUM