The Journal
that he is able to dispose his duties and
The duty to keep the journal has two purposes:
1. To ensure publicity of proceedings and
correspondent responsibility of the
members to their constituents
2. To provide proof of what actually
transpired in the legislature
Matters required to be entered in the journal:
1. The yeas and nays on third and final
reading of a bill
2. Veto message of the President (i.e., his
objection to a bill when he vetoes it)
3. The yeas and nays on the repassing of a
bill vetoed by the President
4. The yeas and nays on any question at the
request of 1/5 of the members present
5. In addition, the journal contains the
summary of the proceedings.
Sessions
A. Regular Session – 4th Monday of July
B. Special Session
 General Rule: it can only meet in
special sessions called by the
president
 Exception:
a) To call a special election due to
a vacancy in the offices of President and
Vice- President (Art. VII, Sec. 10) in which
Congress shall convene at 10 a.m. of the
third day after the vacancy, without
need of a call.
b) To decide on the disability of
the President because the Cabinet
(majority) has "disputed" his assertion
Office of the VP, when it confirms the
powers. (This takes place not when the
Cabinet first sends a written
declaration about the inability of the
President, but after the President has
disputed this initial declaration.) (Art.
VII, Sec. 11.) Congress shall convene, if
it is not in session, within 48 hours,
without need of call.
c) To revoke or extend the
Presidential Proclamation of Martial
Law or suspension of the writ of habeas
corpus(Art. VII, Sec. 18). Congress, if
not in session, shall, within 24 hours
following such proclamation or
suspension, convene, without need of
a call.
C. Joint Sessions
 Voting Separately
a) When Congress, while acting as the
canvasser of votes for the President
and Vice President, has to break the
tie between two or more
candidates for either position
having an equal and the highest
number of votes (Art. VII, Sec. 4,
par. 5).
b) When it decides (by 2/3 vote) on the
question of the President's inability to
discharge the powers and duties of his
office (Art. VII, Sec. 11, par. 4).
c) Whenever there is a vacancy in the
nomination of a VP by the President
from among the members of Congress;
such person shall assume office upon
confirmation by a majority vote of all the
members of both Houses, voting
separately (Art. VII, Sec. 9).
d) When it declares (by 2/3 vote) the
existence of a state of war [Art. VI, Sec,
23(1)].
e) When it proposes to amend the
Constitution (3/4 vote of the members)
[Art. XVII, Sec. 1(1)].
Electoral Tribunal
9 members
justice by the chiefjustice
>designated justice justice
>Senior Justice - Chairman
member member member
member
>chosen on the basis ofmember member
proportional representation
from the political parties and the parties or
organizations registered under the party-list system
Doctrine of Primary
Jurisdiction
 Prior recourse to the house is necessary before
petitioners may bring the instant case to the
court
Commission on
Appointments
 Constituted within 30 days after the Senate
and the House of Representatives shall have
been organized with the election of the
Speaker and the President
Senate President (ex officio Chairman)
12 Senators
12 members of the House of Rep.
 Elected on the basis of proportional
representation from the political parties and
parties or organizations registered under the
party-list system
 Based on PARTY AFFILIATION
A defection from one party to another
changes the proportion in the respective
houses is a valid ground for
reorganization
Functions of the Comm on Appointments:
The Commission shall confirm or approve
nominations made by the President of certain
public officers named by the Constitution or by
law:
1. Heads of the executive departments
2. Ambassadors, other public ministers, and
consuls
3. Officers of the Armed Forces from the rank
of colonel or naval captain
4. Other officers whose appointments are
vested in him in this Constitution
>Chairman and members of 3 constitutional
commissions
>Regular members of the judicial and bar
council
>members of the Regional Consultative Council
Sessions and Procedures:
1. The Commission on Appointments shall
meet to discharge its powers and
functions only while the Congress is in
session.
2. The meeting may be called by
(a) the Chairman, or
(b) a majority of all its members.
3. The Chairman of the Commission does
not vote, except to break a tie.
4. The Commission shall act on all
appointments submitted to it within 30
session days of the Congress from their
submission.
5. The Commission rules by a majority
vote of all its members. (Secs. 18 & 19
Art VI)
Types of Appointments:
a. Regular appointment- When the President
appoints an officer whose appointment requires
confirmation by the Commission, while
Congress is in session.
The Commission shall act on the appointment
submitted to it within thirty session days from
their submission.
As the Constitution requires positive action by
the Commission, failure to act within the 30 day
period amounts to a disapproval of the
nomination
b. Recess (ad-interim) appointment - Occurs
when Congress is not in session. the ad-interim
appointment made by the President is complete
in itself, and thus temporarily effective at once,
even without confirmation.
When Congress convenes, the Commission
would have to act on the appointment
Powers of Congress
1. General Plenary Powers
2. Prohibition against the passage of
irrepealable laws
3. Legislative investigations
4. Act as board of canvassers for
presidential and vice presidential
elections
5. Call a special election in case of vacancy
in the offices of the president and vice-
martial law
6. Approve presidential amnesties
7. Confirm certain appointments
8. Concur in treaties
 9. Declaration of war and delegation of
emergency powers
10. Be judge in the President’s physical
fitness
11. Power of impeachment
12. Power with regard to the utilization of
natural resources
Principles of Public Fiscal
Administration
 Asserting that all monies received from
whatever source by any part of the
government are public funds
Principles of Appropriations
Control
 Prohibiting expenditure of any public
money without legislative authorization
Uniformity
 All taxable articles or kinds of property of
the same class shall be taxed at the same
rate
 Like the equal prorection, merely
requires that all subjects or objects of
taxation, similarly situated, are to be
treated alike both in privileges and
liabilities
Representative Democracy
(Republic)
 One which no monarch or nobility, ruled
by a representative government elected
by the majority of the people under the
principle of “one person, one vote”
where all citizens are equally subject to
the laws
Potestas delegate non delegare
potest
 What has been delegated cannot be
delegated
 Permissible delegation only when:
1. It is complete in itself, setting forth
therein the policy to be executed,
carried out or implemented by the
delegate
2. Fixes a standard – the limits of which
are sufficiently determinate and
determinable
In considering a legislative rule, a court is free to
make only 3 inquiries:
1. Whether the rule is within the delegated
authority of the administrative agency
2. Whether it is reasonable
3. Whether it was issued pursuant to
proper procedure
Two tests to determine the validity of
delegation of legislative power:
1. Completeness test – a law is complete
when it sets forth therein the policy to
be executed, carried out or
implemented by the delegate
2. Sufficient standard test - It lays down a
sufficient standard when it provides
adequate guidelines or limitations in the
law to map out the boundaries of the
delegate’s authority and prevent the
delegation from running riot. To be
sufficient, the standard must specify the
limits of the delegate’s authority,
announce the legislative policy and
identify the conditions under which it is
to be implemented.
The creation of the 4 local govt units must
comply with three conditions:
1. Creation of local government unit must
follow criteria fixed in the Local
Government Code
2. Such creation must not conflict with any
provision of the constitution
3. There must be a plebiscite in the political
units affected
The validity of an administrative issuance,
hinges on compliance with the following
requisites:
1. Its promulgation must be authorized by
the legislature;
2. It must be promulgated in accordance
with the prescribed procedure;
3. It must be within the scope of the
authority given by the legislature;
4. It must be reasonable.
Question Hour
The heads of the departments shall, appear
before, and be heard, by any house on any
matter pertaining to their departments:
1. Upon their own initiative, with the
consent of the president
2. Upon request of either house, as the
rules of that house shall provide
Written questions shall be submitted to the
presiding officer of the house 3 days before the
scheduled appearance to enable the cabinet
member to prepare
Legislative Investigations
1. The investigation must be in aid of
legislation. No inquiry is an end in itself;
it must be related to and in furtherance
of a legitimate task of Congress
2. The investigation must be in accordance
with duly published rules of procedure
of Congress
3. the Constitution further mandates that
the rights of witnesses appearing in or
affected by such inquiries must be
respected
Special Election timeline
3. Justices of the SC
4. Members of the constitutional
commissions
5. Ombudsman
Grounds for impeachment
1. Culpable violation of the constitution
2. Treason
3. Bribery
4. Graft and corruption
5. Other high crimes
6. Betrayal of public trust
Special Election Law – the one of the instances
when the bill becomes a law even without the
signature of the President
No special election shall be called if the vacancy
occurs within 18 months before the date of the
next presidential election.
Impeachment Procedure
Three Ways in which the president may be
declared unable to discharge his functions INITITATION STAGE:
1. upon his own written declaration The House of Representatives shall have the
2. upon the first written declaration by exclusive power to INITIATE all cases of
majority of his cabinet impeachment
3. upon determination by congress by 2/3
A VERIFIED COMPLAINT may be filed by any member
vote of all its members voting separately
of the HOR or by any citizen upon a resolution or
acting on the 2nd written declaration by endorsement by any member thereof
the cabinet
Impeachment
The complaint must be Included in the order of business
Who are subject? within 10 session days and referred to In the proper
1. President committee within 3 session days thereafter
2. Vice-president

The committee after hearing and by a MAJORITY
vote of all its members shall submit a report to the
HOR within 60 sessions days from such referral
together with such resolutions
The resolution shall be calendared for consideration by
the HOR within 10 session days from receipt thereof
After the discussion, a vote of at least 1/3 of all the
members of the HOR shall be necessary to affirm a
favorable resolution with the Articles of
Impeachment of the Committee
In other words, so long as 1/3 of the lower house
votes to proceed with the trial, then the case
would be sent to the Senate, regardless of the
committee recommendation, and regardless of
the number who vote (which, could even be as
high as 66% of the entire House), that it should
not be sent to the Senate for trial.
The reason is that the initiation stage does not
determine the guilt or innocence of the officer
being impeached. It merely determines whether
there is a prima facie case against the officer
that merits a full blown trial in the Senate.
In case the verified complaint or resolution if
impeachment is filed by at least 1/3 of the members
of the house, the same shall constitute the Articles
of Impeachment and trial by the Senate shall
proceed
TRIAL STAGE:
Articles of Impeachment of the Committee is
forwarded to the Senate
1. Budget Preparation - the first step is
(While sitting for the purpose of trying an impeachment essentially tasked upon the Executive
case, the senators shall be on oath or affirmation)
Branch and covers the estimation of
government revenues, the
As a general rule, the President of the Senate presides the determination of budgetary priorities
trial. But when it is the President of the Philippines who is and activities within the constraints
on trial, the Chief Justice of the Supreme Court shall be imposed by available revenues and by
the presiding officer but he shall NOT VOTE. borrowing limits, and the translation of
desired priorities and activities into
To carry out the conviction, the vote of 2/3 of all the expenditure levels.
members of the Senate (!6 senators) is required.
*the judgment here cannot be reviewed by the
2. Legislative Authorization - At this stage,
court
Congress enters the picture and
deliberates or acts on the budget
proposals of the President, and Congress
in the exercise of its own judgment and
wisdom formulates an appropriation act
precisely following the process
established by the Constitution, which
Why only one subject is allowed?
specifies that no money may be paid
(1) to prevent hodge-podge or "log-rolling"
from the Treasury except in accordance
legislation;
with an appropriation made by law.
(2) to prevent surprise or fraud upon the
legislature by means of provisions in bills of
3. Budget Execution - Tasked on the
which the title gives no intimation, and which
Executive, the third phase of the budget
might therefore be overlooked and carelessly
process covers the various operational
and unintentionally adopted; and
aspects of budgeting. The establishment
(3) to fairly apprise the people, through such
of obligation authority ceilings, the
publication of legislative proceedings as is
evaluation of work and financial plans
usually made, of the subject of legislation that is
for individual activities, the continuing
being considered, in order that they may have
review of government fiscal position, the
opportunity of being heard thereon, by petition
regulation of funds releases, the
or otherwise, if they shall so desire.
implementation of cash payment
schedules, and other related activities
Budget Process comprise this phase of the budget cycle.

4. Budget Accountability - The fourth phase
refers to the evaluation of actual
performance and initially approved work
targets, obligations incurred, personnel
hired and work accomplished are
compared with the targets set at the
time the agency budgets were approved.
Legislative Veto
 a statutory provision requiring the
President or an administrative agency to
present the proposed implementing
rules andregulations of a law to
Congress which, by itself or through a
committee formed by it, retains a "right"
or "power" to approve or disapprove
such regulations before they take effect.
 As such, a legislative veto in the form of
a congressional oversight committee is
in the form of an inward-turning
delegation designed to attach a
congressional leash (other than through
scrutiny and investigation) to an agency
to which Congress has by law initially
delegated broad powers
Initiative
is the power of the people to propose
amendments to the Constitution or to propose
and enact legislations through an election
called for the purpose. There are three (3)
systems of initiative, namely:
1. Initiative on the Constitution which
refers to a petition proposing
amendments to the Constitution
2. Initiative on statutes which refers to a
petition proposing to enact a national
legislation
3. Initiative on local legislation which
refers to a petition proposing to enact a
regional, provincial, city, municipal, or
barangay law, resolution or ordinance.
 Indirect initiative - is exercise of
initiative by the people through a
proposition sent to Congress or the
local legislative body for action.
Referendum
is the power of the electorate to approve or
reject a legislation through an election called
for the purpose. It may be of two classes,
namely:
1. Referendum on statutes which refers to
a petition to approve or reject an act or
law, or part thereof, passed by Congress
2. Referendum on local law which refers
to a petition to approve or reject a law,
resolution or ordinance enacted by
regional assemblies and local legislative
bodies.