LEGISLATIVE DEPARTMENT (Article VI)

B. Qualifications
“The legislative power shall be vested
Senator Representative
in the Congress of the Philippines which
shall consist of a Senate and a House of 24 senators Not more than 250
Representatives, except to the extent members
reserved to the people by the provision on 35 yrs. old 25 yrs. old
initiative and referendum.” Art.VI Sec. 1
Natural- born citizen of the Philippines

I. Legislative Power Able to read and write

A. Definition and purpose Registered voter Registered voter in

the district in which
Legislative power is the authority to make laws and he shall be elected
to alter or repeal them. – n/a to party-list

Its purpose is to determine legislative policy,

formulate and promulgate it as a defined and Resident of the Resident of the said
binding rule of conduct within the limits laid down Philippines for at district for at least
by the constitution. least 2 years 1 year immediately
immediately preceding election
B. Where vested preceding the – n/a to party-list
election
Legislative power is vested in Congress except to Term of 6 yrs. Term of 3 yrs.
the extent reserved to the people by the provision
on initiative and referendum. Unless otherwise provided by law, term of
office commences at noon of June 30 next
C. Scope following the lection

1. Plenary or general – for all purposes of civil Term limit of not Term limit of not
government; subject only to specific limitations more than 2 more than 3
in the Constitution consecutive years consecutive years
2. Legislative powers not expressly delegated
deemed granted
• Expressio unius est exclusio alterius -
D. Kinds of Legislative Power congress cannot anymore add additional
qualifications other than those provided by the
1. Original Legislative Power – one which the constitution.
sovereign people possess
2. Derivative Legislative Power – that which has • Voluntary renunciation for any length of time
been delegated by the sovereign people to shall not be considered as an interruption in the
legislative bodies and is subordinate to the continuity of his service for the full term for
original power of the people. which he was elected.

E. Classification of powers of Congress • Term v. Tenure. Term refers to the period

1. General legislative power – power to enact
laws.
2. Specific powers – powers which the
Constitution expressly authorizes.
3. Implied powers – powers that are those
essential to the effective exercise of the powers
expressly granted.
4. Inherent powers – powers which are
possessed and can be exercised by every
government because they exist as an attribute of
sovereignty.
II. Congress
A. Composition of Congress
Congress is the national legislature of the
Philippines and the highest law-making body. It
is bicameral in nature, consisting of the senate
and the house of the representatives, the first
being considered as the upper house and the
second the lower house.
during which an official is entitled to hold office.
Tenure refers to the period during which the
official actually holds the office.
C. Senate
• Staggering of Terms. The Senate shall
not at any time be completely dissolved.
One-half of the membership is retained as
the other half is replaced or reelected every
three years.
D. House of representatives
The representatives shall be elected from
legislative districts (80%) and through party-list
system. (20%)
1.Party-List System
a mechanism of proportional representation to the
House of Representatives from marginalized or
underrepresented. Based on Republic Act 7941
which was signed into law on March 3, 1995.
 a) National- constituents all over the Philippines
or majority of regions
b) Regional- constituents spread in major cities
and province comprising the regions
c) Sectoral- constituents share the commonality
on concerns.
Guidelines on what organizations may apply in
the party-list system:
1. The parties or organizations must represent the
marginalized and underrepresented in Section
5 of RA 7941;
2. Political parties who wish to participate must
comply with this policy;
3. The religious sector may not be represented;
4. The party or organization must not be
disqualified under Section 6 of RA 7941;
5. The party or organization must not be an adjunct
of or a project organized or an entity funded or
assisted by the government;
6. Its nominees must likewise comply with the
requirements of the law;
7. The nominee must likewise be able to contribute
to the formulation and enactment of legislation
that will benefit the nation. (Ang Bagong
Bayani v. COMELEC, June 26, 2001)
Parties or organizations disqualified:
1.Religious sect organized for religious purposes;
2. Advocates violence
3. Foreign party or organization;
4. It is receiving support from any foreign
government for partisan election purposes;
5. It violates or fails to comply with laws, rules or
regulations relating to elections.
6. It declares untruthful statements in its petition;
7. It has ceased to exist for at least one (1) year;
8. It fails to participate in the last two (2) preceding
elections or fails to obtain at least two per
centum (2%) of the votes cast under the party-
list system in the two (2) preceding elections
for the constituency in which it has registered.
2.District Representatives:
A district is..
• Political unit but not a political subdivision.
• A representative unit and not a corporate unit.
• Doesn’t have a chief executive, legal personality
and capacity to act
a) Apportionment
• Legislative districts are apportioned among
the provinces, cities, and the Metropolitan
Manila area.
• In accordance with the number of respect
inhabitants and on the basis of a uniform and
progressive ratio. (art. 6 § 5)
• Each city with a population of at least 250,000
shall have at least one representative.
• Each province shall have at least one
representative too.
• The underlying principle behind the rule for is
the concept of equality of representation
which is a basic principle of republicanism.
One man’s vote should carry as much
weight as the vote of every other man.
b) Gerrymandering
• A practice intended to establish political
advantage for a particular candidate or
party by manipulating district boundaries.
• Gerrymandering is not allowed. The
Constitution provides that each district shall
comprise, as far as practicable, contiguous,
compact and adjacent territory.
c) Reapportionment
To avoid gerrymandering,
reapportionment is done within three
years following return of every census to
equalize population and voting power
among districts.
E.Salaries
“The salaries of Senator and Members of
House of Representatives shall be determined
by law. No increase in said compensation
shall take effect until after the expiration of
the full term of ALL the Members of the
Senate and the House of Representatives
approving such increase.” Art.VI (Sec.10)
• Purpose: To devoid natural temptation to
increase their salaries.
• Congress’ records and book of accounts of
Congress shall be preserved and open to
public
• Such book shall be audited by Commission
on Audit which shall publish annually an
itemized list of amounts paid and expenses
incurred for each Member.
III. Parliamentary Immunities (Sec.11)
A. Privilege from Arrest
1. Privilege. A member of Congress is
privileged from arrest while Congress is in
session in all offenses (criminal or civil) not
punishable by more than 6 years
imprisonment.
2. Purpose. Privilege is intended to
ensure representation of the constituents
of the member of Congress by preventing
attempts to keep him from attending
sessions.
3. Scope. Parliamentary immunity only
includes the immunity from arrest, and not
of being filed suit.
4. Limitations on Parliamentary Immunity
a. Crime has a maximum penalty of
not more than 6 years;
b. Congress is in session, whether
regular or special;
c. Prosecution will continue
independent of arrest;
 d. Will be subject to arrest
immediately when Congress
adjourns.
5. Privilege is personal. Privilege is personal to
each member of the legislature, and in order
that its benefits may be availed of, it must be
asserted at the proper time and place; otherwise
it will be considered waived.
B. Privilege of Speech and Debate
1. Isagani Cruz: 2 Requirements for the
privilege to be availed of:
a. That the remarks must be made while
the legislature or the legislative committee
is functioning, that is in session;(Jimenez
v. Cabangbang)
b. That they must be made in connection
with the discharge of official duties.
2. Purpose. To enable representatives of the
people to execute the functions of their office
without fear of prosecution, civil or criminal.
3. Scope:
a. Protection only against forums other
than the Congress itself. (Osmena v.
Pendatun)
b. Utterances made in the performance of
official functions (Jimenez v.
Cabangbang)
c. Utterance must constitute “legislative
action”, (Gravel v. US)
d. Extends to agents of assemblymen
provided that the “agency” consists
precisely in assisting the legislator in the
performance of “legislative action” (Gravel
v. US)
IV.Disclosure of Interest (Sec.12)
The provision speaks of duty to disclose the
following:
1) Financial and business interest upon
assumption of office
- The submission of a SALN (Statement of
Assets, Liabilities, and Net Worth) required by
Article XI Section 17 and Section 8 of
Republic Act No. 6713, the “Code of Conduct
and Ethical Standards for Public Officials and
Employees.”
2) Potential conflict of interest that may arise
from filing of a proposed legislation of which they
are authors.
V.Prohibitions for Members of the Congress (Sec.
13 - 14)
1. Incompatible office
2. Forbidden office
3. Prohibitions on lawyer-legislators
4. Conflict of interests
VI.Conduct of Business (Sec.15-16)
A. Sessions
1. Regular session
2. Special sessions
3. Executive sessions
B. Recess or Adjournment
1. Mandatory recess - 30 days before the
opening of the next regular session
2. Sine die session - indefinite time
C. Officers of Congress
1. Senate President
2. House Speaker
3. Such other officers as each House may
deem necessary
D.Quorum
• The number required to enable the Congress
to transact a business
• As a general rule, it is governed by the rule of
majority, exceptions:
1. Suspending or expelling a member - 2/3
of all its members
2. Entering the yes and nays in the
Journal - 1/5 of the Members present
3. Declaring the existence of a state of
war - 2/3 of both Houses in joint session
voting separately
4. Reconsideration of a bill after a
presidential veto - 2/3 of the Members of
the House where the bill originated and
2/3 of the Members of the other House
5. Determination of President’s inability to
discharge the powers and duties of his
office - 2/3 of both Houses voting
separately
E.Rules of Proceedings
Each House may determine the rules of
its proceedings
E.Discipline of Members
Each House may punish, suspend or
expel its Members for disorderly behavior with
penalty not to exceed 60 days
G. Journal
Each House shall keep a Journal of its
proceedings, and from time to time publish the
same
What to include/enter in the Journal:
1. The yes and nays on any question at the
request of at least 1/5 of the Members
present.
2. The yes and nays of the last reading of a bill.
3. Objections of the President when he vetoes a
bill.
4. The yes and nays and the names of the
Members of each House constituting 2/3 vote
of each House, voting separately, when it
overrides the veto of the Philippines.
5. The vote of each Member of the House,
constituting 1/3 of all the Members, who voted
to affirm or override a resolution on the
Articles of Impeachment of the Committee.
H.Enrolled Bill
- A bill that has been duly introduced, finally
passed by both houses, signed by the proper
officers of each and approved by the president.
 • Enrolled Bill Doctrine
VII.Electoral Tribunal (Sec.17)
A.The Electoral Tribunal was created through Sec. 17, Art.
VI, 1987 Constitution. The mentioned article provides for
its creation with specifics on its composition with
corresponding requirements.
The Electoral Tribunal being the “sole judge” means that
it is independent of the Congress and its decision may
not be subject to review by the Supreme Court, except
upon showing of grave abuse of discretion.
B.Grounds of Termination of Membership in the
Electoral Tribunal
As may be applicable, the following are the grounds:
1. Expiration of the term;
2. Death or permanent disability;
3. Resignation from the political party he represents
in the tribunal;
4. Formal affiliation with another political party;
5. Removal from office for a valid reason.
C.Commission on Appointments
Similar with the Electoral Tribunal, Commission on
Appointments was also created through the 1987
Constitution, Sec. 18, Art. VI. This provision provides for
the specifics on the Commission’s composition.
D.Jusrisdiction of the Commission on Appoinments(CA)
The CA shall perform the following appointments by the
President:
1. Heads of the Exec. Depts., except in an instance
when the VP is appointed as a cabinet member or as an
ambassador, public minister, or consul;
2. Ambassadors, other public ministers, or consuls;
3. Officers of the AFP from the ranks of Colonel or
Naval Captain;
4. Other officers whose appointments are vested in
him by the Constitution, such as:
a. Regular members of the Judicial Bar Council;
b. Chairmen and Commissioners of Independent
Constitutional Commissions
E.Constitutional Parameters in Performing its Function
1. The Commission shall rule by a majority vote of all
the members;
2. Chairman shall not vote except in case of a tie;
3. Commission shall act on all appointments
submitted to it within 30 session days;
4. Commission shall meet only while the Congress is
in session, at the call of its chairman or majority of all its
members.
F.Other Limitations on Confirmatory Power
VII. Powers of Congress
A. 1. Legislative
Power to enact, alter or repeal laws
2. Non-legislative
Powers and duties not connected with
legislation
B. Limitations on Legislative Power
• May be expressed or implied
• Express limitation may be substantive or
procedural
C.Process in the enactment of Bills
1. A member of congress or the people through
indirect initiative submits the bill
2. Bill filed with the Secretary of the House for
the First Reading where the Title of the Bill is
read and the Presiding Officer refers the Bill to
the appropriate committee to study and/or
report its recommendation.
3. the concerned committee reports out the Bill,
after which it is calendared for the Second
Reading
4.During Second Reading, the bill is subjected
to floor discussion, debate and amendment or
insertion
5. If approved on Second Reading, copies of bill
are distributed to the members 3 days before
the Third or Final Reading, EXCEPT when the
PRESIDENT certifies to necessity of its
immediate enactment to meet a public
calamity or emergency
6. In Third Reading, no amendment shall be
allowed and the vote shall be taken
immediately thereafter
7. If the House concerned approves the bill, it is
sent to the other house and undergo the
same process. if approved, bill is sent to the
President for appropriate action.
D.When does a Bill become a LAW? (Sec.27)
E.Constitutional Guidelines in the Exercise of
Presidential Veto
• Doctrine of Inappropriate Provision. If
president disapproves a bill, he should veto
in its entirety. He is not allowed to separate
the item/s of a bill except in:
1. Appropriation
2. Revenue
3. Tariff
F.Power of Appropriation
• Appropriation Bill - to appropriate certain
sum of money from the public treasury.
G.Limitations on the Power of Appropriation
 • Inherent Limitation
1. The appropriation must always be for
public purpose
2. The amount to be appropriated must be
certain and definite.
• Constitutional Limitation
H.The Power of Augmentation
• General Rule: No law shall be passed
authorizing any transfer of appropriations.
(Sec. 25[5], Art. VI, 1987 Constitution)
• Exception: The President, the Senate
President, the Speaker of the House of
Representatives, the Chief Justice, and the
Heads of Constitutional Commissions can
transfer funds within their respective offices
• Cross-border transfer of funds is not allowed.
Example: Savings from any of the executive
offices (like the Office of the President) for any
of the Constitutional Commissions, like the
Commission on Audit (COA) or the Civil
Service Commission (CSC).
• This is one reason why the Disbursement
Acceleration Program (DAP) was declared
unconstitutional by the SC. There was an
unauthorized cross-border transfer of funds.
I.Oversight Powers of Congress
• The power of oversight embraces all activities
undertaken by congress to enhance and its
understanding and influence for implementing
a legislation it has enacted.
• Intrinsic in the grant of legislative power,
Integral to the checks and balances, Inherent
in a democratic government
• Scrutiny—determine the economy and
efficiency of the operation of government
activities.
• Congressional Investigation—a more intense
digging of facts.
• Legislative Supervistion—connotes a
continuing and informed awareness regarding
executive branch performance.
J.Legislative Inquiries
• An essential tool to enable the legislative body
to gather information and, thus, legislate wisely
and effectively.
• The power to conduct formal investigation in
connection with any proposed legislation or or
the formulation of legislative process.
• Limitations: Constitutional rights to counsel
and against self-incrimination; the rules of
procedures should strictly be followed; the
investigation must aid the legislations; the
president should not be summoned as a
witness; the witness cannot be punished after
final adjournment.
K.Question hour
• The heads of the department can appear and
be heard by the legislative branch on any
matter pertaining to their departments.
• The oversight power does not include the
power to approve or disapprove
• When congress exercise the power of inquiry,
the only for department heads to except
themselves therefrom is by a vied claim of
executive privilege.
• The only way for department heads to be
exempted is to show a valid claim of executive
privilege.
• Similarly, the president has the constitutional
authority to prevent any member of the armed
forces from testifying.
L. DECLARATION OF WAR/EMERGENCY
POWERS
Vote requirement: to declare the existence of
a state of war
1. 2/3 of both Houses,
2. in joint session
3. Voting separately
Emergency powers:
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. Such powers expires
1. By resolution of Congress or
2. Upon the next adjournment of
Congress
Limitations:
1. Powers will be exercised for a limited period
only; and
2. Powers will be subject to restrictions
prescribed by Congress
M. Powers of Congress which are not
legislative in nature:
• Section 23 (1), Art.VI
• Section 11,Art.,VII
• Section 18, Art.VII
• Section 21,Art.VII
• Section 4 and 5 ,Art.VII
• Section19 (2) ,Art.VII
• Section3(1) and (6),Art.XI