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jARTICLE VI LEGISLATIVE DEPARTMENT

SEC 1- The legislative power shall be vested in Congress of the Philippines: Senate
House and House of Representatives.

 To make laws and subsequently, to alter and repeal (when the need arises)
 Bicameral body
SEC 2-4 SENATE (See attached Matrix)

 Upper chamber of the Congress

 24 Senators (elected nationwide)
 Shall be elected on the 2nd Monday of May
SEC 5-7 HOUSE OF REPRESENTATIVES (See attached Matrix)

 Lower chamber of the Congress

 Informally called “Congressmen”
 Not more than 250 members (District representatives and Party-list
representatives)
 Party-list Reps: 1:4 or 20% of the total number of the Reps. (labor, peasant,
youth, women, indigenous cultural communities etc…) or the marginalized
sector.
PARTY-LIST AND SECTORAL REPRESENTATION

 Representation of all interest in its law and policy-making body.

 No Single party may hold more than three party-list seats
 Need for sectoral representation- aim to foster the rise of non-traditional
groups particularly the marginalized sector.
SEC 9- Vacancy

 Special Election
1. Regular election-
 Held on the 2nd Monday of May.
2. Special election
 Authorized by the Commission on Election
 Shall serve only for the unexpired term.
SEC 11- Freedom from arrest and Freedom from being questioned for speech
and debate.
(1) Freedom from arrest
 Privilege from arrest while the congress is in session (regular, special etc.)
 Like the guarantee of freedom of speech or debate
 To discharge their functions adequately and without fear regardless whether
the motive is good or bad.
When the immunity cannot be invoked.

 The offense is punishable by 6 years imprisonment( the seriousness of the

offense does not justify the grant of privilege)
 When the congress is in Recess, the privilege does not obtain.
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(2) Freedom from being questioned for speech and debate

 He shall not be questioned be held liable in any other place for any speech or
debate. Effective only in connection with or in relation to the performance of
legislative duties.
 Enabling the representatives to discharge their functions without fear of
prosecution, civil or criminal.
When the immunity cannot be invoked.

 The member is being questioned in Congress itself, whenever said body

considers that his words and conduct are disorderly and unbecoming of a
member thereof.
SEC 12- Disclosure of financial and business interests and potential conflict of
interest.
Imposes 2 obligations on all members of Congress;
a. To make full disclosure of their financial and business interests, upon
assumption of office and;
b. To notify the House concerned of a potential conflict of interest.
 Against having financial interest in any contract, franchise or any special
privilege granted by the government.
 Full disclosure- if a member of Congress withholds or hides any information
of his interest.
o Subject for discipline (censured, suspended, or even expelled by the
chamber where he belongs)
 Betrayal of public trust- if a member approves the transaction with expected
financial advantage.
Sec 13- Disqualification to hold any other office or employment

 Constitutional provision disqualifying members from holding certain offices in

the government.
Disqualified to hold 2 classes of office:
1. Incompatible office- disqualified to hold any other office or employment. This is
to prevent owing loyalty to another branches.
o Includes any position in the government outside the congress
o Example: A congressman must automatically forfeit his seat for another
position or office (Cabinet Secretary etc.)
2. Forbidden Office- refers to any office created or emoluments of which have
been increased during the term for which he was elected.
 The purpose of this disqualification is to prevent legislators to create an office
or to increase its emoluments for personal gain.
 Example: a Senator, for example, cannot be appointed to a civil or military
office which was created while he was still a senator.
Sec 15- Sessions of Congress

 4th Monday of July (regular sessions)

 Unless different date is fixed by law.
 Recess: 30 days before the opening of the regular session.
 Exclusive of Saturdays, Sundays and legal holidays.
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1. Regular session- the congress may legislate in any matter it deems fit.
 4th Monday of July for its regular session.
 Recess: 30 days before opening of the regular session.
2. Special session- the President calls the Congress during the time of Recess.
(duration not limited)
 (a) The President may designate the subjects in his proclamations or special
message but the Congress is not limited to the subject specified. The
Congress may enact laws relating to the subject.
 (b) The President may also limit the duration of the session. The Congress may
determine the duration depending on the need.
3. Executive session- secret meetings of Congress or any of its committees. A
closed session is held if the issue to be discussed involves national security.
Sec 16-
Officers of the Congress.
 Presiding officers: shall elect Senate President and Speaker of the House.
 Shall elect other officers at the earliest possible time so that they can get
organized into a working body to perform their constitutional duties and
functions.
Powers and functions of Senate President and House Speaker.

 Administrative heads and presiding officers of their respective chambers.

 Preside over their sessions, order and decorum, question of order, sign acts,
resolutions, orders and warrants, issue subpoena, and discipline them.
Quorum.

Sec 17- Electoral Tribunal

 The sole judge of all contests relating to the election, returns and
qualifications of their respective member.
 9 members: 3 Justices of the Supreme Court (designated by the Chief Justice)
+ 6 members of the Senate and House of the Representatives.
 Constituted 30 days after the election of Senate President and House Speaker.
Sec 18- Commission on Appointment
 25 members: Senate President ( ex officio Chairman) + 12 Senators + 12
Representatives (joint committee)
 30 days after the election of Senate President and House Speaker
 Legislative in composition but executive in function (Appointment of Cabinet
Secretaries)
 Approve or disapprove the appointment of the President.
 30 session days of Congress from their submission.
 Authority to consider the nominees made by the President.
 Reason: showed that one person cannot carry out the job of screening
prospective appointees
 Commission on Appointment shall meet only while the Congress is in session.
Sec 20- Records of the Congress open to public
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 The records and book of accounts shall be audited by the Commission on

Audit.
 Publish annually an itemized list of amounts paid to and expenses for each
members
 The provision will limit the opportunity misappropriate public funds.
Sec 21- Power of legislative Inquiry and Investigation
Sec 22- Appearance of heads of departments during Congress’ question hour.
Sec 23
(1) Power of Congress to declare existence of a state war
 2/3 of votes from both Houses during session.
 Existence of war before declaration of by Congress- the President may find it
necessary to engage in war without waiting for Congress to make a
declaration of war.
 Defensive, not an aggressive ware.
(2) Delegation of emergency power
 The constitution extremely permits congress to grant legislative powers to the
President, subject to certain conditions as follows:
o Granted only in the time of war or national emergency
o Exercised only during a limited period of time
o They must be exercised subject to such restrictions as the Congress
may prescribe ( requiring the President to make a report to the
Congress when meets in session)
o Carry out national policy (declared in the law)
o Automatically cease: next adjournment or sooner withdrawn by
resolution of the emergency has ceased.
Sec 24- Appropriation, revenue or tariff bills etc.…

Carry out its primary and specific aim of which is to make appropriations of money
from the public treasury.

 Payment out of government funds for specified purposes.

Kinds of Appropriations
1. Annual or General Appropriations- “budget”
 set aside the annual expenses for the general operations

2. Special or Supplemental Appropriations- include all appropriations not

contained in the budget.
3. Specific Appropriations- set aside a named sum of money for the payment of a
particular expense.
4. Continuing Appropriation- when the original amount is spent, a like amount is
automatically appropriated for the original purpose.
Meaning of other bills
1. Revenue Bill- to raise revenue
2. Tariff Bill- bill providing for the issuance of bonds and other forms of
obligations
3. Bill of local application- affecting purely municipal concerns
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4. Private Bill- Purely private interest. Grant or Compensation of government

(example: compensation to a person for damages suffered by him for which the
government considers itself liable)
Sec 25- Budget
Sec 26- Limitations on the power of Congress
Sec 27- How bill becomes a law
(1)
 Every bill passed by the congress shall, before it becomes a law, be
presented to the president.
 He shall sign the bill for approval.
 Otherwise, he shall Veto it and return to the House where it originated.
o The President shall communicate his Veto of any bill to the House where
it originated within 30days after date of receipt. Otherwise, it shall
become a law as if he had signed it.
 If after such reconsideration, 2/3 of all Members of such House shall agree to
pass the bill.
 Shall be sent to the other chamber of the house together with the objections
for reconsiderations.
 And if approved by 2/3 of votes (yeas or nays) it shall become a law.

(2) The President shall have the power to any particular items (appropriation,
revenue or tariff bill)
Bill- a draft of a law submitted to the consideration of a legislative body for its
adoption.
Statute- “Republic Act” written will of the legislature as an organized body
expressed.
Steps in the Passage of a bill
1. First Reading
a. Any member of either House may present a proposed bill.
b. The bill is read by its number and title and the names of the author.
2. Referral to appropriate committee
a. Referred to proper committee for consultation and recommendation.
b. Approved: with or without amendments or substitution.
c. Disapproved: the bill dies a natural death (unless the House decides
otherwise following the submission of the report.
3. Second Reading
a. The bill is forwarded to the Committee on Rules for the calendar of
deliberations (if the bill is favorably)
b. The bill is read for the second time together with the amendments.
4. Debates
a. General debate
b. The Member of the Congress may proposed amendments.
c. The House may either “kill” or passed a law.
d. Approved: Shall be calendared for the Third reading.
5. Printing and distribution
a. Printed in final form/version and copies are distributed in among the
members of the House.
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b. 3 days before its passage (except if it is certified by the President)

6. Third Reading
a. Only the title of the bill is read on the floor: Nominal voting is held.
b. No amendment thereto is allowed and the vote is taken immediately (yeas
or nays or may abstain)
7. Referral to other House
a. Transfer to the next House (chamber) where substantially the same
procedure takes place.
b. Approved without changes or amendments: the final version is signed by
the Senate President and House Speaker.
8. Submission to joint bicameral committee
a. Conflict: House’s bill and Senate amended version, must submit to a
conference committee to compromise or reconcile.
9. Submission to the President
a. A bill approved on the 3rd reading shall be transmitted to the President for
his action.
b. Approved: Signed
 Within 30 days the President must communicate his veto to the Originating
House or it shall become a law as if he signed it.
c. Disapproved: Veto (send back to the originating House)
When bill may become a law

A bill may passed by Congress may become a law in any of the following ways:
1. When the President approves the bill by signing it.
2. Vetoes the Bill and returns with his objections to the House. Re-passed the bill
by 2/3 of vote.
3. If the President does not communicate his veto for 30 days after the date of
receipt.
*Reserved power: the people by virtue of their reserved powers directly participate
in the legislative process by initiative and referendum.
Veto power of the President

 Latin word “I forbid” or “deny”

 Power of the President to disapproved acts passed by the Congress.
Purpose of Veto
2 Fundamental reasons have been given to the grant of the Veto power to the
President, to wit:
(1) To enable the Executive department to protect its integrity as an equal
branch of the government and thus maintain an equilibrium of governmental
powers. It strengthens the role of President in the enactment of appropriation
law.
(2) To provide a check on hasty, corrupt, or ill-considered legislation.
Pocket veto not allowed

 President does not have the “Pocket veto power”- uncommunicated bill
automatically passes to become a law within a 30 days after the date of receipt.
When partial veto allowed.

 President may not veto a bill in part and approve it in part.

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Except:
 Grants the President the power to Veto any particular items in an
appropriation, revenue or tariff bill.
 The items vetoed may be repassed over the veto of the President in the
same manner as ordinary bills.
Meaning of Resolution

 Enacted by the lawmaking body.

 Formal expression of opinion, will or intent by an official body or
assembled group.
Use of Resolution
(1) Exclusive authority to the Lawmaking body and does not require the
approval of the President for their effectivity.
(2) Used when the lawmaking body expresses opinion or attitude.
Example: Expressing on condolences on the death of a member or a high official,
declaring national questions.
(3) The power to fix tariffs by the Presidents may be withdrawn by the
Lawmaking body by means of resolution.
Kinds of Resolution
1. Simple, passed by Senate House or House of the Representatives for its
exclusive use or purpose.
2. Concurrent, passed independently in one House and ratified by another; the
same manner as the bill.
3. Joint, approve by both Houses meeting in joint session but voting separately.
*There is no provision in the Constitution requiring approval of the President in
passing a resolution.

Sec 28- Taxation

 Shall be uniform and equitable

 Authorize the President to fix within specified limits, limitations,
restrictions (tariff rates, imports, exports etc…)
 Exempted from taxation (charitable institution, churches, parsonages, and
cemetery etc…)
 Tax exemption must be in accordance to the concurrence of a majority of
all members.
Uniformity in taxation.
“All taxable articles or properties of the same class shall be taxed at the same rate”

 Equality in burden, not in equality in amount.

Thus,

Equity in taxation.
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 Apportionment be more or less just in the light of the taxpayer’s ability to

shoulder the tax burden.
Exemption of certain entities and properties from property taxes.

 Covers only property taxes and not other taxes.

 The use of the property and not the ownership.
 Charitable, religious or educational purpose: exempt from property tax
but the owner is subject to income tax.(even if the icome is used or
devoted by him or another for religious, charitable or educational
purposes)
 Cemetery: only those which are non-profit are tax-exempted.
 non-stock, non-profit, educational institution: exempted from property,
income tax and customs duties.
 Private educational institution
 Grants and donations for educational purposes: tax exempted.
Votes required for grant of tax exemption.

 Concurrence of a majority of all members of Congress.

 Safeguard against indiscriminate tax exemption.
Sec 29- Power of Appropriation
(1) No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law.
(2) No public money shall be used for religious used except if the
priest/minister or dignitary is assigned to armed forces, penal
institution, and gov’t orphanage or leprosarium.
(3) Tax collected for special purpose shall be treated as a special fund. If the
special fund was created has been fulfilled or abandoned, the balance, if
any, shall be transferred to the general funds of the Government.
The power of appropriation.

 Power to appropriate public funds for the maintenance and public used of
the government shall be vested in the Congress.
 People’s money may be spent only with their consent.
 Express on constitution or Acts of Congress.
 Without the restriction, government funds would be misused.

Meaning of “appropriation made by law”

 It is the setting apart or assigning to a particular use a certain sum of public

funds.
Prohibition against use of public money or property for religious purpose.

 Taxes may be levied for public purposes only.

 Public money = public
 Public land may not be donated for construction for churches, convents or
seminaries.
 Payment given as compensation-
 Not for the benefits of the priest etc. as such but is in the nature of
compensation to the priest who is assigned to the arm forces etc.…
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 The use of public property for religious purposes in incidental and

temporary (procession, masses etc.), and is compatible with the use to
which other members of the community are entitled (tax payers).
 SSS: not because he is a priest but because he is an employee.
 Use, public in nature
 Payment based on contract
 Consideration received
Expenditure of special fund

 Special funds for special purposes.

Sec 30- Law increasing jurisdiction of Supreme Court

Congress cannot diminish or reduce the jurisdiction of Supreme Court.

 If the appellate jurisdiction is further increased, the Supreme Court could

never reduce much less eliminate backlog in its docket. Supreme Court is
already burdened with a heavy load of cases.
Sec 31- Prohibition against granting title or royalty or nobility

 Upper class = nobility (not allowed in the PH)

 Reason: Egalitarian/Democratic principle in our constitution. (Republican
and democratic state) As opposed to a monarchial or aristocratic
government.
 Prevents the creation of privileged class-
 Prohibition is directed to the Congress
Sec 32- Initiative and referendum
(1) Initiative- reserved power of the people to directly propose and enact laws at
polls for the purpose independently (Interest groups etc.)
(2) Referendum- process by which any act or law or part thereof passed by the
Congress. Submitted to the people for their approval or disapproval (ex:
Town curfew)
Congress to provide a system of initiative and referendum

 Example: “People’s power”, “EDSA revolution”

Condition:

 Registration of petition (signed by at least 10% of the total population of

registered voters / 3% of every legislative district)
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