PRE-FINALS they propose to vote for at least six months immediately
ELECTION
-Section 8 (Regular Election)- 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.
-Section 9 (Special Election)- 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 Representatives thus
elected shall serve only for the unexpired term.
CASES:
1. Tolentino vs COMELEC- there was vacancy due to Senator
Guingonas being appointed as Vice-President
-RA 6645 governs special elections (rules):
-A special election will be held if there is vacancy in the
Senate at least 18 months, or 1 year in the HOR before the
next regular election
-Requirements before COMELEC can call special election: in
session, resolution of the Senate/HOR certifying to existence
of vacancy & calling for special election | in recess, official
communication on the existence of the vacancy & call for a
special election by Senate President or Speaker of the HOR
-In case a vacancy arises in Congress at least 1 year before the
expiration of the term, Section 2 of R.A. No. 6645, as
amended, requires COMELEC: (1) to call a special election by
fixing the date of the special election, which shall not be
earlier than 60 days or later than 90 after the occurrence of
the vacancy but in case of a vacancy in the Senate, the special
election shall be held simultaneously with the next
succeeding regular election; and (2) to give notice to the
voters of the office or offices to be voted for.
- In special election, the rule is that a statute that expressly
provides that an election to fill a vacancy shall be held at the
next general elections fixes the date at which the special
election is to be held & operates as the call for that election.
An election held at the time is not invalidated by the fact that
COMELEC failed to give a call
-Conversely for vacancy in HOR, a call is mandatory & failure
to give it will invalidate the special election, since its time &
date is left to COMELECs discretion & there is no law fixing
such date
2. Macalintal vs COMELEC-
-Section 1, Article 5: suffrage may be exercised by (1) all
citizens of the Philippines, (2) not otherwise disqualified by
law, (3) at least eighteen years of age, (4) who are residents
in the Philippines for at least one year and in the place where
preceding the election
- R.A. No. 9189: system of voting for qualified Filipino citizens
abroad; one of those disqualified from voting is an
immigrant/ permanent resident who is recognized as such in
the host country unless he executes an affidavit declaring
that he/ shall resume actual physical permanent residence in
the Philippines not later than three years from approval of his
registration under said Act
- Absentee is not a resident & vice versa; however, under our
election laws an absentee remains attached to his residence
in the Philippines as residence is considered synonymous with
domicile
- Not limited only to Filipinos temporarily residing abroad; as
long as he is temporarily abroad on the date of the elections
- If Filipino is already a green-card holder, that means he has
acquired permanent residency in US, then he must indicate
intention to returnin line with definition of domicile
ORGANIZATION & SESSIONS
Section 16 (1)- The Senate shall elect its President & the
HOR its Speaker, by a majority vote of all its respective
members. Each house shall choose such other officers as it
may deem necessary
Section 16 (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.
-Question: When is congress deemed organized? when
required officers for the House are already elected
-Quorum: majority of each house determine those
outside & inside the coercive power of the House
-quorum of 24 is 13, but if 1 is in Hague and 2 in Phils, only
exclude the one in Hague in determining majority since he is
outside coercive power
-not majority of all the members of each housemay be
used if not one was outside coercive authority (but dont
rephrase)
CASE: Avelino vs Cuenco
To pass a law:
-only the votes of the majority of those present in the
session, there being a quorum, are required. This is known as
the "shifting majority"
-When a quorum cannot be had, a smaller number may
adjourn from day to day, and compel the attendance of the
absent (recalcitrant) members by the means of arrest or such
other measures and penalties as the House may provide in its
rules.
RULES OF PROCEEDINGS
Section 16 (3)- Each house may determine the rules of its
proceedings, punish its members for disorderly behavior, &,
with the concurrence of 2/3 of all its members, suspend or
expel a member. A penalty of suspension, when imposed,
shall not exceed 60 days.
-Question: Can congress not follow its own rules of
proceedings?
GR: Yes, not considered as a disregard, but a waiver
EXC: there are rules Congress cannot set aside: those that are
required by Constitution to be observed; or if it will prejudice
rights of an individual
-Question: Particularly what rights? In what instances can
you not waive proceedings? Section 21- The Senate or HOR
or any of its respective committees may conduct inquires in
aid of legislation in accordance with its duly published rules
of procedure. The rights of persons appearing in/affected by
such inquiries shall be respected
CASES:
1. Arroyo vs de Venecia- jurisprudence deny courts the power
to inquire that, in enacting a law, a House of Congress failed
to comply with its own rules, in the absence of showing that
there was a violation of a constitutional provision or the
rights of private individuals
-rules adopted by Congress are subject to revocation,
modification or waiver at the pleasure of the body adopting
them. Rules are merely procedural, & with their observance,
the courts have no concern. Mere failure to conform to them
will not invalidate the action taken by a deliberative body
when the requisite number of members has agreed to a
particular measure
2. Pimentel vs Senate- Only limitation to the power of
Congress to promulgate its own rules: quorum, voting, and
publication when required
-When is publication required? Refer to Sec 21; Inquiries
must be made in accordance with duly published rules
-As a rule, internal rules of Congress are not required to be
published, unless such rules expressly provide for their
publication in the Consti like Sec 21
DISCIPLINE OF MEMBERS
Section 16 (3)- Each house may determine the rules of its
proceedings, punish its members for disorderly behavior, &,
with the concurrence of 2/3 of all its members, suspend or
expel a member. A penalty of suspension, when imposed,
shall not exceed 60 days.
-Question: On what ground may Congress punish its
members? One ground only which is Disorderly behavior;
e.g. talking nonstop, nonsense. | As to what disorderly
behavior is, it is for Congress to determine
-As rule, Courts cannot do anything/intervene; but its not
entirely that Court cant do anything because Court has
expanded jurisdiction (grave abuse of discretion), but this is
not certain; mostly, Courts do not meddle
-Question: What are the requirements of discipline?
Disorderly behavior; number of votes needed are met (2/3 of
all members of the House); shall not exceed 60 days in case of
suspension
-Question: How do you remove SC Justice, members of
Constitutional Commission? By impeachment
-Members of Judiciary (lower in rank than SCJ)? Dismissal as
decided by SC en banc]
-Member of Congress? Through expulsion by other members
of Congress
Penalty for disorderly behavior:
-censure; or upon a 2/3 vote of all the members of the house,
-suspension, not exceeding 60 days, or
-expulsion
CASES
1. Alejandrino vs Quezon- Congress determines punishment
for its members; courts cannot direct Senate due to
separation of powers; courts cannot compel an
independent organ of government
2. Osmena vs Pendatun- the House is the judge of disorderly
behavior is because the Constitution has conferred
jurisdiction upon it & the matter depends mainly on factual
circumstances of which the House knows best & which
cannot be depicted in black and white for presentation to,
& adjudication by the Courts
3. Santiago vs Sandiganbayan- Santiago was charged before
Sandiganbayan for corrupt practices
-Sandiganbayan has authority to decree the suspension of
public officials and employees indicted before it; this is
different from act of Congress punishing its members
-Sandiganbayan may convict a member of Congress &
Congress itself may also punish its members as it may
deem fit
JOURNALS AND CONGRESSIONAL RECORDS
Section 16(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; & the yeas & nays on any question shall, at the
request of 1/5 of the members present, be entered in the
journal. Each house shall also keep a record of its
proceedings.
Journal
-only a resume of minutes of what transpired during a
legislative session
-the journal contains the summary of the proceedings.
Congressional Record
-the word-for-word transcript of the proceedings taken
during the session
-contains the verbatim transcript of all proceedings of the
house or its committees. The Constitution is silent as to what
the record must contain
ENROLLED BILL THEORY
-Enrolled bill is that bill which bears signature of senate pres
& speaker of the house; the bill approved by both houses &
that which is sent to the president for approval
-carries on its face a solemn assurance by the legislative and
executive departments of the government, charged,
respectively, with the duty of enacting and executing the
laws, that it was duly passed by Congress
- duly authenticated bill or resolution imports absolute verify
and is binding on the courts
2 things it proves:
1) Conclusive as to tenor of bill- cannot entertain comments
on variance with journal/ record; things there are conclusive
2) Conclusive as to due execution- process required by
congress in passing it onto a bill has been done; all of the
proceedings required have been followed
CASES:
1. Mabanag vs Vito- enrolled bill is conclusive
-the rule against going behind the enrolled bill is required by
the respect due to a coequal and independent department of
the government
2. Casco vs Gimenez- urea formaldehyde; enrolled bill stated
urea formaldehyde, not urea and formaldehyde; enrolled bill
is conclusive as to tenor as passed by Congress & approved
by President; so one cant change it anymore; take enrolled
bill as it is
-Question: If Senate Pres withdraws his signature from
enrolled bill, can courts now check journal/record? YES;
enrolled bill is conclusive of tenor & due execution but when
they take their signatures, its not an enrolled bill anymore
-Question: In case of conflict between enrolled bill & journal?
Enrolled bill prevails; exc. matters to be entered in the
journal; otherwise, enrolled bill prevails
PROBATIVE VALUE OF JOURNAL
CASE: US vs Pons
- Issue: whether the courts may go behind the legislative
journals for the purpose of determining the date of
adjournment when such journals are clear and explicit NO,
courts cannot inquire into veracity of such journals since this
would invade another independent body
-Argument: the clock was stopped so that Congress may
continue its proceeding, & this was not placed in journal
-SC: the resultant evil might be slight as compared with that
of altering the probative force and character of legislative
records, and making the proof of legislative action depend
upon uncertain oral evidence, liable to loss by death or
absence, and so imperfect on account of the treachery of
memory
JOURNAL ENTRY RULE vs. ENROLLED BILL THEORY
-Question: When can Journal prevail over Enrolled Bill? Only
on matters required by the Constitution to be entered into
Journal
Matters to be entered in the Journal:
-The yeas and nays on third and final reading of a bill [Art. VI,
Sec. 26(2)];
-Veto message of the President (i.e., reasons for his objection
to a bill) [Art. VI, Sec. 27(1)];
-The yeas and nays on the repassing of a bill vetoed by the
President & the names of the members voting for or against
it (Art. VI, Sec. 27(1)];
-The yeas and nays on any question at the request of1/5 of
the members present [Art. VI, Sec. 16(4)]
CASES:
1. Astorga vs Villegas- there being no enrolled bill to speak of,
what evidence is there to determine whether or not the bill
had been duly enacted? the entries in the journal should be
consulted
2. Morales vs Subido- We cannot go behind the enrolled Act
to discover what really happened
- With respect to matters not expressly required to be
entered on the journal, the enrolled bill prevails in the
event of any discrepancy
SESSION
Regular sessions:
Section 15- The Congress shall convene once every year on
the 4th Monday of July for its regular session, unless a
different date is fixed by law, & shall continue to be in
session for such number of days as it may determine until 30
days before the opening of its next regular session, exclusive
of Saturdays, Sundays & legal holidays. The President may call
a special session at any time.
Section 16 (5)-Neither house during the sessions of the
Congress shall, without consent of the other, adjourn for
more than 3 days, nor to any other place than that in which
the 2 houses shall be sitting.
Special Session:
-When called by president anytime (sec 15)
- on 3rd day of vacancy of Pres and VP: 10o'clock, Congress
convene without need of a call. W/in 7 days, Congress shall
enact law calling for special election held not earlier than 45
days nor later than 60 days from the time of such call
-in case of temporary disability
-suspension of privilege of Writ of Habeas Corpus
-proclamation of martial law
--on 3rd day of vacancy of Pres & VP
Joint sessions:
Voting separately
1)Congress acting as board of canvassers- Sec 4,..One of
them shall forthwith be chosen by the vote of a moajority of
all the members of both houses of the Congress, voting
separately.
2)When there is vacancy in office of vice-president- Sec 9,
..President shall nominate a vice-president from among
members of the senate & HOR who shall assume office upon
confirmation by a majority vote of all members of both
houses of Congress, voting separately
3)Temporary inability of president- Sec 11 (4), If Congress,
w/in 10 days after receipt of the last written declaration, or, if
not in session, within 12 days after it is required to assemble,
determines by 2/3 vote of both houses, voting separately,
that the Pres is unable to discharge the powers & duties of his
office, Vice-president shall act as President; otherwise, the
President shall continue exercising powers & duties of his
office
4) Amendment and revision of constitution by vote of of all
its member
5)Power to declare existence of a state of war- Section 23 (1),
The Congress by vote of 2/3 of both houses in joint session
assembled, voting separately, shall have the sole power to
declare the existence of war.
Voting jointly: in the exercise of military powers
1)Declaration of martial law
2)Suspension of privilege of Writ of Habeas Corpus
Section 18, The Congress, voting jointly, by a vote of at
least majority of all its members in regular/special session,
may revoke such proclamation/suspension, which revocation
shall not be set aside by the President..
CONSTITUTIONAL ORGANS WITHIN CONGRESS
-2 consti organs to be created within Congress: Commission
on Appointments & Electoral Tribunals
ELECTORAL TRIBUNAL
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.
Composition of Electoral Tribunal (Each House in 1935
Consti):
-3 senators chosen by the Senate upon nomination of the
party having the LARGEST number of votes
-3 senators upon nomination of the party having the SECOND
LARGEST number of votes
-3 justices of the Supreme Court to be designated by the
Chief Justice
NOW: (for senators/ members of HOR) chosen on basis of
proportional representation from political parties & parties
registered under the party-list system
Jurisdiction of Electoral Tribunal and COMELEC
-Before he is proclaimed, taken oath, and he has taken
office COMELEC
-After he is proclaimed, taken oath, and he has taken office
Electoral Tribunal (when official is deemed elected)
-if not yet a member, file contest in COMELEC
-ET can only take jurisdiction if it amounts to contest; not all
complaints are contestsone who files would seek to replace
the member of Congress ; not being a contest, ET cant be
sole judge
-if ET decision unfavorable, one may go to Court & make out
a case that the decision was made whimsically/capriciously; if
only an error, court cannot come in
-ET is SOLE JUDGE; even if its wrong/against jurisdiction; it is
the sole judge; court can only come in when there is grave
abuse of discretion & mere error cant be considered grave
abuse of discretion. Why? SOLE JUDGE of all contests
relating to ERQ of their respective members
CASE: Tanada vs Cuenco
- Under the 1935 Constitution, only the two major political
parties had representation and they had it equally between
them. Under the new Consti, all political parties are given
proportional representation.
-why there is ET: to insure the exercise of judicial impartiality
in the disposition of election contests affecting members of
the lawmaking body
-spirit of the law prevails over the latter- if the 6-senator
requirement is not met because the other party has less
nominees, let it be; this would limit membership but such
composition was not foreseen by the framers; what is
important is equilibrium between the parties
Function of Electoral Tribunal
1)Sole judge of all contests relating to the election, returns,
and qualifications of their respective Members
-Problem: There is a complaint contesting the citizenship
against a senator by one who did not run, does SET does have
jurisdiction? NO
-Complainant did not run for the contested position.
-not a Contest a contest should be one where that person
complaining, after determination of the case, will replace the
official for the said Position
2)Contest Electoral Tribunal can only take up cases which
has contest
For judgments of ET to be elevated to SC:
There must be a grave abuse of discretion in rendering its
judgment.
-grave abuse of discretion must be so patent and gross as to
amount to an evasion or refusal to perform a duty enjoined
by law
-denial of due process
-Mere error does not amount to grave abuse of discretion.
Petition for quo warranto the only petition in the Electoral
Tribunal
-filed only on the grounds of ineligibility and disloyalty to the
Republic of the Philippines
-directed against one who has been duly elected and
proclaimed for having obtained the highest number of votes
but whose eligibility is in question at the time of such
proclamation
-not on proclamation is patent in nullity
CASES:
1. Duenas vs HRET- any final action taken by the HRET on a
matter w/in its jurisdiction shall not be reviewed by this
Court since HRET is the sole judge relating to ERQ
-sole judge is exclusive, full & unimpaired power
-When can court come in? clear showing of a denial of due
process, or upon a demonstration of a very clear unmitigated
ERROR, manifestly constituting such a GRAVE ABUSE OF
DISCRETION that there has to be a remedy for such abuse
-its order that its own funds be used is an incidental power to
its general power of being sole judge; it has wide discretion in
disbursement of its funds
2. Angara vs Electoral Commission- here, ET fixed the last day
of filing election protests
-ET is closer to legislative branch but it is a body separate
from & independent of the legislature
-legislature cannot control the ET or regulate it in procedural
matters
-Where a general power is conferred, every particular power
necessary for the exercise of the one or the performance of
the other is also conferred--- e.g. power regulative in
character to limit the time when contests may be filed
-ET has incidental power to promulgate such rules necessary
for the proper exercise of its exclusive power to judge
-confirmation of a member in Congress is not necessary for
one to file a contest against him ET; what is important is he
took oath & assumed office
3. Barbers vs COMELEC- where the candidate has already
been proclaimed winner in the congressional elections, the
remedy is to file an electoral protest with the ET
4. Limkaichong vs COMELEC- any allegations as to the
invalidity of the proclamation will not prevent the HRET from
assuming jurisdiction over all matters essential to a members
qualification
JUDICIAL REVIEW
CASE: Co vs Electoral Tribunal
-check whether or not the governmental branch or agency
has gone beyond the Constitutional limits of its jurisdiction,
not that it erred or has a different view
-upon a clear showing of such arbitrary & improvident use by
the Tribunal of its power as constitutes a denial of due
process of law, or upon a demonstration of a very clear
unmitigated ERROR, manifestly constituting such GRAVE
ABUSE OF DISCRETION that there has to be a remedy for such
abuse
COMMISSION ON APPOINTMENTS
Section 18: consisting of the President of the Senate as ex
officio Chairman, 12 Senators & 12 members of the HOR,
elected by each house on the basis of proportional
representation from the political parties & all the members of the Senate & HOR approving such
parties/organizations registered under the party-list system
represented therein. The Chairman of the Commission shall
not vote except in a tie. The Commission shall act on all
appointments submitted to it within 30 session days of the
Congress from their submission. The Commission shall rule by
a majority vote of all its members
Section 19: The ET & COA shall be constituted within 30 days
after the Senate &HOR shall have been organized with the
election of the President & Speaker. The Commission shall
meet only while Congress is in session, at the call of its
Chairman or a majority of all its members, to discharge such
powers & functions as are herein conferred upon it.
-Not separate body, actually body within Congress (unlike ET)
-What it does/function: Sec 16; to confirm certain
appointments of president, only those required to be
confirmed; serves as a CHECK and BALANCE mechanism of
separation of powers principle (this is check of congress on
appointing power of president), & effectivity of appointments
of President
CASES:
1. Guingona vs Gonzales- Formula for proportional
representation of members:
No. of senators of a political party x 12 seats
the Congress is in session. No Member shall be questioned nor
Total no. of senators elected
-Problem: what to do with the fraction of .5 or 1/2 to which
each of the parties is entitled (as a result of computation)
-a political party must have at least 2 senators in the Senate
to have a representative in the COA, so that any number less
than 2 COA
-not mandatory that 12 senators be elected to COA; Consti
only requires that there be a majority of its entire
membership
-COA can perform its function as long as a quorum exists,
usually majority of its membership
- QUORUM (usually majority): at least 13 members is
necessary & at least 4 of the members should come from
either house.
2. Coseteng vs Mitra- the legality & not the wisdom, of the
manner of filling the COA as prescribed by the Constitution is
justiciable
-being a lone member, Coseteng cannot have a seat in COA
since she only representes less than 1% of the membership
-endorsement is inconsequential; since those who signed are
not members of her party
SALARIES
Section 10: The salaries of Senators & members of the HOR
shall be determined by law. No increase in said compensation
shall take effect until after the expiration of the full term of
increase.
-Safeguard of salary? No increase in compensation until after
expiration of the full term of all the members of Senate &
HOR approving such increase
-Example: 2010-2013: members of HOR elected
2010-2016- members of SENATE elected
-passed increase in 2012, so it will take effect on 2016
Section 17, Art 18: Until the Congress provides otherwise,
the President shall receive an annual salary of three hundred
thousand (300,000) pesos; the Vice-President, the President
of the Senate, the Speaker of the HOR, & the Chief Justice of
the SC, two hundred forty thousand (240,000) pesos each;
the senators, members of the HOR, associate justices of the
SC, & the chairmen of the Constitutional Commissions, two
hundred four thousand (204,000) pesos each, and members
of the Constitutional Commissions, one hundred eighty
thousand (180,000) pesos each.
PRIVILEGES: only 2 privileges
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
be held liable in any other place for any speech or debate in
the Congress or in any committee thereof.
Freedom from arrest- Reason: cant hamper his performance
in Congress; LIMITATION: kind of crime & period
Elements of Privilege of Freedom from Arrest:
-Congress must be in session, whether regular (sec. 15) or
special. It does not matter where the member of Congress is
found (attending the session, socializing in a private party, or
sleeping at home); so long as Congress is in session
-The crime for which the member is to be arrested is
punishable by 6 years of imprisonment or less. "Punishable"
refers to the maximum possible penalty which a penal statute
attaches to the offense. It follows that if the crime is
punishable by 6 years & 1 day or more, the member can be
arrested, even if he is session in the halls of Congress.
CASE: Martinez vs Morfe
-immunity does not cover treason, felony & breach of peace
-breach of the peace: offenses attended with force & violence,
constructive breaches of the peace of government in as much
as they violate its good order
- The 1987 privilege differs from the 1935 privilege: under the
1935 Consti, privilege was only from civil arrest. In no way did
the 1935 Constitution protect a legislator from arrest for a
criminal offense. Now, he is protected as long as 2 elements
are met
Privilege of speech & debate- freedom from being liable in
any other place; utterances made by a member of congress
in the performance of official functions
-as long as you committed it while doing function; no matter
how libelous; no criminal & civil liabilityin any other place
(other than Congress itself); so can be held liable by Congress
itself
-exempt from both civil & criminal liability (cant be even held
liable for damages); privilege speech
-Question: Are you bound by locale or nature of the
speech?Check the nature of speech. If made in
performance of his function, absolutely no liability. WHY?
Meant to aid him in performance of his function; if there are
threats, there will be reluctance; he wont be afraid to
perform his function at the risk of him abusing it; EXCEPT
within Congress; cant be sued by any other person except
Congress itself
-held liable in any other place- so if other place, absolutely
privileged, but within Congress; can be disciplined
-EXAMPLE: the bloggers (Sotto case) cannot do anything;
cannot invoke privilege inside congress but may with other
people; no law really on plagiarism, only code of ethics
CASES:
1. Jimenez vs Cabangbang- What is the scope of the privilege?
-Privilege is a protection only against forums other than the
Congress itself. It does not protect the assemblyman against
the disciplinary authority of the Congress but it is an absolute
protection against suits for libel
- speech or debate includes utterances made in the
performance of official functions, such as speeches delivered,
statements made, votes cast, as well as bills introduced and
other acts done in the performance of official duties
*Not essential that the Congress be in session when the
utterance is made. What is essential is that the utterance must
constitute legislative action.
2. People vs Jalosjos- Congressman Jalosjos charged with
raping 11-year old girl
-convicted to reclusion temporal
3. Pobre vs Santiago- Lawyers may be disciplined even for any
conduct committed in their private capacity, as long as their
misconduct reflects their want of probity or good
demeanor,15 a good character being an essential qualification
for the admission to the practice of law and for continuance
of such privilege
- not to protect them against prosecutions for their own
benefit, but to enable them, as the peoples representatives,
to perform the functions of their office without fear
-Court would have wanted to impose sanctions on her as a
lawyer (since she insulted SC) but Court refrained from doing
so since it was made in a privilege speech
RESTRICTIONS
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 20. The records & books of accounts of Congress shall
be preserved & 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 & expenses incurred for each member.
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, including government-owned or
controlled corporations or their subsidiaries, during his term
without forfeiting his seat. Neither shall he be appointed to
any office which may have been created nor the emoluments
thereof increased during the term for which he was elected.
2 kinds of Offices here:
1)Incompatible office- an office within the government or
GOCC ; a member cannot accept this unless he waives or
forfeits his seat in Congress. A sensu contrario, if he waives or
forfeits his seat, he may accept the other post, since the
incompatibility arises only because of his simultaneous
membership in both.
- PROCESS: Acceptance will automatically forfeit your seat; so
acceptance first
2)Forbidden office- a government office which is newly created
or emoluments were increased
-one to which a member cannot be appointed even if he is
willing to give up his seat in Congress. The effect of his
resignation from the Congress is the loss of his seat therein but
his disqualification for the forbidden office nevertheless
remains. The prohibition lies in the fiduciary nature of the
relationship involved.
-Prohibition is not forever; it is the term for which he was
elected
CASES:
1. Adaza vs Pacana- public office is a public trust. It is created
for the interest & benefit of the people. As such, a holder
thereof "is subject to such regulations and conditions as
the law may impose
-No avail that the system of government in other states
allows a local elective official to act as an elected member
of the parliament at the same time
2. Puyat vs de Guzman- intervention in a case although it may
appear as ostensibly appearing for his own cause
-SC: through intervention, there has been an indirect
appearance as counsel before an administrative body
-intervention was an afterthought to enable him to appear
actively in the proceedings in some other capacity
-That which the Constitution directly prohibits may not be
done by indirection or by a general legislative act which is
intended to accomplish the objects specifically or impliedly
prohibited
3. Dante vs Gordon- questioned Gordon for being Senator &
Chairman of Red Cross
-Red Cross is not a GOCC; it is a privately-owned corp & a
non-profit organization
4. Funa vs Ermita- prohibited from holding concurrent
positions in government
APPEARANCE AS COUNSEL
Section 14. No Senator or Member of the House of
Representatives may personally appear as counsel before any
court of justice or before the Electoral Tribunals, or quasi-
judicial and other administrative bodies. Neither shall he,
directly or indirectly, be interested 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.
1973 - Appearance as a Counsel - a voluntary submission to
a court's jurisdiction by a legal advocate/advising lawyer
professionally engaged to represent & plead the cause of
another
-appearance by legislators before Courts of First Instance
SHOULD BE LIMITED TO CASES WHEREIN SAID COURTS
EXERCISE APPELLATE JURISDICTION
-REASON: to remove any possibility of undue influence upon
the administration of justice, to eliminate the possible use of
office for personal gain
-to ensure impartiality in trials and thus preserve the
independence of the Judiciary
DIFFERENTIATE 1973 with 1987:
1987 Appearance as Counsel - What the Constitution prohibits
in the case of members of Congress who are also members of
the bar is their personal appearance before any of these
bodies. This is not a prohibition against the practice of law in
any court. Thus, a member may still sign and file his pleadings,
give legal advice, continue as partner, and have a partner or
associate appear for him in court.
*Under the 1973 Constitution, the prohibition against personal
appearance covered only courts inferior to an appellate court,
courts in a civil case wherein the government is the adverse
party and administrative bodies. Now, the prohibition is
against any court, thus including the SC and CA, regardless of
action or appellate jurisdiction.
LEGISLATIVE POWER
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.
- make, amend, repeal laws (in reference only to ordinary
law; exercised by Congress & People)
-Question: Does it include power to change fundamental
law/Consti? Not within their legislative power; acting as Con
Ass when changing Consti, not Congress
- Art 6 contain restrictions- to ordinary law only
-LAW- meaning of passage of laws: setting forth a policy;
telling people what to follow or what not to do; thats why
Congress policymakers; have got to be elected
-Leg Power not exclusive with Congress; shared with people
under system of initiative and referendum; There is still
insufficient law to change Consti, but there is sufficient as far
as national laws; there is already enabling law
Consitution vest legislative power in
-Congress
-Extent reserved to the people by the provision on initiative
and referendum.
*The 1987 Constitution has thus restored bicameralism.
Advantages of Bicameralism
-allows for a body with a national perspective to check the
parochial tendency of representatives elected by district;
-allows for more careful study of legislation;
-makes the legislature less susceptible to control by the
Executive
-servers as training ground for national leaders
Advantages of Unicameralism
-simplicity of organization resulting in economy and efficiency,
facility in pinpointing responsibility for legislation; and
-avoidance of duplication
Kinds of Legislative Power:
In republican systems, 2 kinds:
-original: possessed by the sovereign people;
-derivative: power delegated by the people to legislative
bodies; this is the power vested in Congress.
Can also be be classified into :
-constituent:- the power to amend or revise the Constitution
-ordinary: the power to pass ordinary laws
With regards to the sovereign people:
-constituent is through the amendment process
-ordinary is through initiative and referendum.
Kinds of limits on legislative power
-substantive: limits the content of the law
-procedural: manner of passing laws
Subject matter that congress legislate
-Without prejudice to limitations, Congress may legislate on
any subject matter;
-Legislative power of Congress is plenary, as distinguished
from the US Congress which are vested only with legislative
powers enumerated in the Federal Constitution
May congress pass irrepealable laws?
No. The power of present and future legislatures must remain
plenary. When one legislature attempts to pass an irrepealable
law, to that extent it attempts to limit the power of future
legislatures.
*Legislative power can only be limited by the Consitution
May Congress delegate its legislative power?
No. Legislative power must remain where the people have
delegated it.
Exceptions:
-by immemorial practice legislative power may be delegated to
local governments.
-Article VI, Section 23(2) to wit: 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 powers shall
cease upon the next adjournment thereof.
-Article VI, Section 28(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.
When legislative power is delegated, what is the scope of the
delegated power?
-The scope is only as far as Congress allows it. Thus, delegated
legislation may not violate a statute.
Is not legislative power delegated to administrative agencies?
-No. What is delegated is rule-making power or law execution.
In order to ensure that the power delegated by the legislature
is not law-making but merely law execution, what qualities
must the delegating law possess?
-It must be complete in itself: it must set forth herein the
policy to be carried out or implemented by the delegate
-fix a standard: the limits of which are sufficiently determinate
or determinable to which delegate must conform in the
performance of his functions
Rules and regulations promulgated by administrative agencies
-have the force of law
-have the force of penal law
provided that the following conditions are met:
-the delegating statute itself must specifically authorize the
promulgation of penal regulations;
-the penalty must not be left to the administrative agency but
must be provided by the statute itself
the regulation must be published in the Official Gazette or a
newspaper of general circulation
CONGRESS.GOV.PH- Legislative Mill
LEGISLATIVE MILL
REFER TO PDF FILE (Insert here Sec 26 & 27, TAAS KAAYO)
-SONA- President recommends urgent matters; official
suggestion from President
-Question: Is there need to file draft in Senate before it can be
heard? Or can you just choose where ever chamber you want
to file it? As a rule, can be filed in any house except 6 bills
required to originate from HRET- appropriation bill (Sec 24)
-can come from any of those (proposal, suggestion..)
-SECOND READING: sponsorship speech, torno en contra,
debate, there may be amendments: 2 kinds of amendments-
individual amendments (from members of chamber) or
committee amendments (propose as a committee)
-what do you vote for in 2nd reading: the amendments to be
approved
-before 3rd reading, follow sec 26 (2)- Why? To give them time
to study (give printed copies)
-3rd reading- What gets to be approved? Entire bill itself
-possible that they have different versions- go to bicameral
conference committee
-no such thing as bicameral conference committee in consti,
but adopted because of practice & adopted from USA
-composition of BCC- to reconcile conflicting provisions of bill;
members come from both houses
-Question: In reconciling, can BCC come up with entirely new
provision? May present germane provisions; they will submit
their own version of the bill, to where? To both houses for
their approval. If approved, sent to President
-is it possible to cut through the process? Exception-
Presidential certification. When? ONLY to meet public
calamity or emergency
-what is emergency/calamity? When does it happen?- budget
deficit is a common occurrence, not an emergency; not
discretion of President; something to tow line of meaning of
emergency (in Tolentino)
-EFFECT: dispense distribution of printed copies & separate
readings on 3 days; there is urgency
HERE ONWARDS: FOR FINALS!!
-can file bill in any house; except 6 bills
-Sin tax is revenue bill. Can other house draft its own version
while other house is still deliberating on the bill?as long as
FORMAL ACTION is withheld while awaiting the revenue bill,
does not violate consti provision that it must originate from
other house; as long as they awaited FORMAL ACTION until
receipt of house version
-House transmitted to Senate Sin Tax, Senate may propose
amendments to it : amendment by substitution (entirely new
version)
-common to all types of bill: three readings on separate days,
printed copies & ONE SUBJECT
REQUIREMENT AS TO BILLS
Section 26. (1) Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the title thereof.
Requirement of bill: (4)
-to prevent Hodgepodge: subject matter unrelated to the
main subject of bill; so many things coming together
-1)one subject only - why one subject only? Avoid confusion,
practical consideration that there is only one subject
-significance: prevent it because if not, it would be possible
for congress to place unpopular measure to a law and it
would be passed
2)one subject expressed in the title- if provisions are germane
to the title, then you need not put all provisions in the title,
the title need not be an index; as long as title and provision
questioned are germane to each other
3) COMMON to all bills: submitted to president for his action,
presidential action (4 common, what is fourth?!)
Presidential Action
1)sign/approve the bill- becomes a law
2)veto- sent back to house of origin together with his veto
message; so both houses can consider if they should override
it
3)30 days after from receipt, does not act on it, Lapses into
law as if he signed it; law by presidential inaction
WHY is there an instance that president may choose not to
act and not explain why he doesnt like it?
President can save himself from embarrassment in signing
unconsti law & save himself from being unpopular
How President Vetoes a Bill:
-returned to originating house with veto message
-overridden with 2/3 vote of both houses;
VETO POWER:
GR: veto entire bill; cannot veto certain and approve others
EXC: ART bills
--approp bil- amount with purpose; provision must relate to
particular item in bill
RULE HERE: can veto particular item or line, specific technical
meaning amount and the relevant provision or purpose; can
veto this and keep other items he doesnt object; cannot
keep amount & veto purpose- veto entire item/line; can keep
other items
-only if the provision is relevant; a provision that does not
relate is inappropriate provision- deemed an item for
purpose of veto power of president
--another exception: cannot veto part of item, but may veto
the inappropriate provision (an irrelevant provision in the
item like proviso)
-3 ways bill becomes a law without President signature:
allows it to lapse into law & bill was vetoed and it was
overriden
LAST STEP: needs publication, for it to be effective
(sometimes valid but not effective)review in Persons
WEDNESDAY: specific requirement on specific bills; AIDS