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Sec. 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.
Note:
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 local government unit.
EXCEPTIONS:
1. Delegation of legislative power to local government units;
2. Instances when the Constitution itself allows for such delegation [see Art. VI Sec. 23(2)]
Qualifications
1. Natural-born citizen;
2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter; and
5. Philippine resident for at least 2 years immediately preceding the day of the election.
Note: The qualifications of both Senators and Members of the House are limited to those provided by
the Constitution. Congress cannot, by law, add or subtract from these qualifications.
Term of Office:
6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their
election.
Term Limitations:
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.
Qualifications
1. Natural born citizen of the Philippines;
2. At least 25 years old on the day of the election;
3. Able to read and write;
4. Registered voter in the district he seeks to represent; and
5. A resident of such district for at least one year immediately preceding the day of the election.
Term Limitations
No member of the House of Representatives shall serve for more than three (3) consecutive terms.
Party-List Representatives
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)
1. However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95 and 95-98
terms), 25 seats shall be allotted to sectoral representatives. Under Art. XVIII, Sec. 7, the
sectoral representatives are to be appointed by the President until legislation otherwise
provides.
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.
3. The number of seats that each organization gets out of the 20% allotted to the system
depends on the number of votes they get.
1. Qualifications
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 Representatives thus elected shall serve only for the unexpired term.
Note: Since the Constitution ‘provides for rules on “salaries” and not on ‘emoluments,’ our
distinguished legislators can appropriate for themselves other sums of money such as travel
allowances, as well as other side ‘benefits.’
i. Protection is only against forum other than Congress itself. Thus for inflammatory
remarks which are otherwise privileged, a member may be sanctioned by either the
Senate or the House as the case may be.
ii. The ‘speech or debate’ must be made in performance of their duties as members of
Congress. This includes speeches delivered, statements made, votes cast, as well as
bills introduced, and other activities done in performance of their official duties.
iii. Congress need NOT be in session when the utterance is made, as long as it forms part
of ‘legislative action,’ i.e. part of the deliberative and communicative process used to
participate in legislative proceedings in consideration of proposed legislation or with
respect to other matters with Congress’ jurisdiction.
Sec. 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.
Disqualifications:
DISQUALIFICATION WHEN APPLICABLE
Internal Rules:
1. Each House shall determine its own procedural rules.
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 of Congress.
3. Also, since Congress has the power to make these rules, it also has the power to ignore them
when circumstances so require.
Discipline:
1.) Suspension
1. Concurrence of 2/3 of ALL its members and
2. Shall not exceed 60 days.
2.) Expulsion
1. Concurrence of 2/3 of ALL its members.
Adjournments:
1.) Neither House can adjourn for more than 3 days during the time Congress is in session without
the consent of the other House.
2.) Neither can they adjourn to any other place than that where the two houses are sitting, without
the consent of the other.
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.
Jurisdiction:
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
determined may still be exercised even without an election contest.
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.
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:
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.
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.
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.
1. Limitations:
1. Powers will be exercised for a limited period only; and
2. Powers will be subject to restrictions prescribed by Congress
1. Expiration of emergency powers
1. By resolution of Congress or
2. Upon the next adjournment of Congress
Appropriation bills
Revenue Bill
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 Board law imposing a tax on video rentals does not make the law a
revenue bill.
Limitations:
For appropriation bills:
a) Congress cannot increase the appropriations recommended by the President for
the operation of the Government as specified in the budget.
b) 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 appropriation to which it
relates.
c) The procedure in approving appropriations for Congress shall strictly follow the
procedure for approving appropriations for other departments and agencies.
d) A special appropriations bill must specify the purpose for which it is intended and
must be supported by funds actually available as certified by the National
Treasurer or to be raised by a corresponding revenue proposal therein.
Transfer of appropriations:
1. Rule: No law shall be passed authorizing any transfer of appropriations
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
– President
– President of the Senate
– Speaker of the House of Representatives
– Chief of Justice of the Supreme Court
– Heads of the Constitutional Commissions
Readings
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 distributed to its Members three (3) days before its passage.
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
Second reading – Entire text is read and debates are held, and amendments introduced.
Third reading – only the title is read, no amendments are allowed. Vote shall be taken
immediately thereafter and the yeas and nays entered in the journal.
1. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass the
bill. In such case, the veto is overriden and becomes a law without need of presidential
approval.
1. Item veto
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. Definition of item
1. Veto of RIDER
1. A rider is a provision which does not relate to a particular appropriation stated in the bill.
2. Since it is an invalid provision under Section 25(2), the President may veto it as an item.
Limitations:
1) The rule of taxation should be UNIFORM
2) It should be EQUITABLE
3) Congress should evolve a PROGRESSIVE system of taxation.
4) The power to tax must be exercised for a public purpose because the power exists for the
general welfare
5) The due process and equal protection clauses of the Constitution should be observed.
2. The exercise of such power by the President shall be within the specified limits fixed by
Congress and subject to such limitations and restrictions as it may impose.
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. Sec 4 (4))
1. No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation
made by law.
A. This places the control of public funds in the hands of Congress.
B. BUT: This rule does not prohibit continuing appropriations. e.g. for debt
servicing. This is because the rule does not require yearly, or annual appropriation.
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.
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