Chapter 8

THE LEGISLATIVE DEPARTMENT

(Political Law)

Residence
Defined as the place where one habitually
resides and to which when he is absent, he has
the intention of returning.
A person cannot have two residence at the same
time; acquisition of a new residence results in
forfeiture of the old

Domicile
According to SC, denotes a fixed permanent
residence to w/c, whenever absent for business,
pleasure, or some other reasons, one intends to
return

Perez v. Commission on Election

Held that a persons registration as a voter in one
district is not a proof that he is not domiciled in another
district. The registration of a voter in a place other that
his residence of origin is not sufficient to consider him
to have abandoned or lost his residence.
To establish a new domicile of choice, personal presence
in the place must be coupled w/ conduct indicative of
that intention. It requires not only such bodily presence
in that place but also a declared and probable intent to
make it ones fixed and permanent place of abode.

THE SENATE
(Political Law)

Composition
The Senate is composed of twenty-four
Senators who shall be elected at large by the
qualified voters of the Philippines, as may be
provided by law. It is said to be the training
ground
of
future
Presidents
because
membership in the Senate requires national
constituency
and
demands
a
broad
circumspection of the issues and problems of the
country.

Qualifications of a Senator
To be a senator, one must be:
natural-born citizen of the Philippines
on the day of the election is at least thirty-five
years of age
able to read and write
a registered voter, and
A resident of the Philippines for not less than
two years immediately preceding the day of the
election.

Term
Each Senator shall have a term of six years and
he shall serve for not more than two consecutive
years
Voluntary renunciation of the 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. (Art. VI,
Sec.4)

THE HOUSE OF REPRESENTATIVES

THE SENATE
(Political Law)

(1)Composition
composed of District Representatives and
Party-list Representatives.
District Representatives
district representatives or congressmen are
elected from the legislative districts in
provinces and cities
composed of not more than 250 members unless
otherwise fixed by law

ALDABA v. COMELEC
The SC nullified a law w/c created a legislative
district for Malolos City and according to SC it
contravenes the requirement in Sec. 5 (3), Art.
VI that each legislative district shall comprise as
far as practicable, contagious, compact and
adjacent territory.
In the case of ARRMM, the SC considered
unconstitutional the creation of provinces and
cities in ARRMM because only the Congress
have the inherent power to create legislative
districts

HERERRA v. COMELEC
The SC clarified that the basis for districting is
the number of inhabitants of a province or a
city, and not the number of its registered voters.
Section 5 (3) of Article VI only applies to cities
and not to provinces.

PARTY-LIST REPRESENTATIVES
party-list representatives are elected at large
through

party-list

system

of

registered

national, regional, and sectoral parties or

organizations
Twenty percent of the total number of all the
members of the House of Representatives
constitutes the party-list representatives

Parameters for participating the party-list election

1. National, regional and sectoral parties or

organization may participate in the pary-list

system
2. National parties and regional parties does not

need

to

organize

w/

sectoral

parties

or

organization to represent any marginalized and

underrepresented sector

3. Political parties can participate in party-list

election provided they register under the partylist system and do not field candidates in
legislative district election
4. Sectoral parties or organization may either be
marginalized and underrepresented or lacking
in well-defined political constituencies. It is
enough that their principal advocacy pertains to
the special interest and concerns of their sector.

5. A majority of the members of sectoral parties or

organizations that represent the marginalized
and underrepresented must belong to the
marginalized and underrepresented sector
they represent.
6. National, regional and sectoral parties or
organization shall not be disqualified if some of
their nominees are disqualified if some of their
nominees are disqualified, provided that they
have at least one nominee who remains
qualified.

 the SC declared as ineligible, and punished, a

judge who filed his certificate of candidacy as a
party-list representative w/o first resigning,
stating that he violated not only the law, but the
constitutional mandate that no officer or
employee in the civil service shall engage
directly, in any electioneering or partisan
political campaign

SENERES v. COMELEC
Any authorized person may submit a nomination list, even a
President, whose term had expired, may validly to do so, if
previously authorized, on the basis of the hold-over doctrine.
Under Section 8 of the law, NO change of names or alteration
of the order of nominees shall be allowed after the same shall
have been submitted to the COMELEC EXCEPT in cases
where the nominees dies, w/draws in writing his nomination
or become incapacitated, in w/c case the name of the
substitute nominee shall be placed last in the list.

Four Parameters in a Philippine-Style

Party-List Election System
Twenty percent allocation in the House (Sec. 5(2),
Art. VI);
To qualify to a seat, at least two percent of the votes
is casted on the party;
The additional seats, that is, the remaining seats
after allocation of the guaranteed seats, shall be
distributed to the party-list organization including
those that received less than 2% of the total votes
A qualified party is entitled to a maximum of three
seats

Qualifications
To be a member of the House of Representatives, one must be a
natural-born citizen of the Philippines
on the day of the election is at least twenty-five years of age
able to read and write, and, except the party-list representatives,
a registered voter in the district in which he shall be elected, and
a resident thereof for a period of not less than one year immediately
preceding the day of the election
Party-list representative must be a bona fide (belong to the sector
represented or have a track record of advocacy for such sector) member
of the party he seeks to represent at least 90 days before election day.

Terms
Each Member has a term of three years and shall
serve for not more than three consecutive terms.

ABUNDO v. COMELEC

The SC summarized the rules in connection w/ the

consecutiveness

of

terms

and

involuntary

interruptions in connection w/ the application of the

rules on term limits for elective officers both under
the Constitution and pertinent laws.
1.

When permanent vacancy occurs the succeeded

official can run again for another term because his
succession to said position is by operation of law and
is considered as involuntary severance or interruption.

2.

An elective official served for three consecutive terms and who did not
seek the elective position for what could be his fourth term, but later
won in a recall election, had an interruption in the continuity of the
officials service. For, he had become in the interim, i.e., from the end
of the 3rd term up to the recall election, a private citizen

3.

The abolition of an elective local office due to the conversion of a

municipality to a city does not, by itself, work to interrupt the
incumbent officials continuity of service

4.

Preventive suspension is not a term-interrupting event as the elective

officers continued stay and entitlement to the office remain
unaffected during the period of suspension, although he is barred
from exercising the functions of his office during his period.

When a candidate is proclaimed as winner but his term is

interrupted when he loses in an election protest and
ousted from office, thus disenabling him from serving
what would otherwise be the unexpired portion of his
term of office had the protest been dismissed. An
interruption in for any length of time, provided the cause
is voluntary, is sufficient to break the continuity of
service
6. When an official is defeated in an election protest and
said decision becomes final after sais official had served
the full term for said office, then his loss in the election
contest does not constitute an interruption since he has
he has managed to serve the term from the start. His full
service, despite the defeat, should be counted in the
application of term limits because the nullification of the
term.
5.

Election
Held on the second Monday of May
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.
In case of vacancy in a party-list, it will be filled by the next
representative from the list of nominees in the order
submitted to the COMELEC by the same party,
organization, or coalition, who shall serve for the unexpired
term. If the list is exhausted, the party, organization, or
coalition, who shall submit additional nominees.

Salaries
The salaries of Senators and members of the House of
Representatives shall be determined by law. No increase in said
compensation shall take effect until after the expiration of the
full of term of all the Members of the Senate and the House of
Representatives approving such increase. (Sec. 10)
The records and books of accounts of the Congress shall be
preserved and be open to the public in accordance w/ law, and
such books shall be audited by the CoA w/c shall publish
annually an itemized list of amounts paid to and expenses
incurred for each member

Parliamentary Immunities
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 the Congress is in
session. No Member shall be questioned nor be
held liable in any other place for any speech or
debate in the Congress or in any committee
thereof.

Two Kinds of Immunities

1) Immunity from Arrest

Refers to the freedom of Senators and Members of the
House of Representative from arrest while the Congress
is in session, whether regular or special, from the time
it convenes until its final adjournment. The offense,
however, of which the arrest is made must not be
punishable for more than six years of imprisonment.
FOR EXAMPLE, if Senator Pedro is charged for the
crime of simple theft while the Congress is still in
session, he cannot be arrested because simple theft is
not punishable for more than six years of
imprisonment. But if he is charged for rape, he may be
arrested even though the Congress is in session because
rape is punishable by more than six years
imprisonment.

2) Privilege of Speech and Debate

Two requirements to avail the privilege of speech
and debate by a Member of the Congress
The remarks must be made while the legislature or
the legislative committee is functioning or in
session
They must be made in connection with the
discharged of official duties

Osmea v. Pendatun
In this case, the President of the Philippines
himself who had been vilified by the petitioner
could not file any civil or criminal action against
him because of this immunity.
Osmea was found guilty of distorderly behavior
and suspending him in the exercise of their
disciplinary power
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 interest. They shall notify the
house concerned of a potential outfit

Incompatible and Forbidden Offices

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.
This disqualification refers to the incompatible office which
is any other office in the government that if held by a member of
the Congress would result to the forfeiture of his seat in the
Congress. The provision allows a member to hold an incompatible
office but the result is the automatic forfeiture of his seat.

 Term means the time during w/c the officer may claim
to hold the office as of right and fixes the interval after
w/c the several incumbents shall succeed one another
Tenure represents the period during w/c the incumbent
actually holds the office
Forbidden offices or offices which have been
created or the emoluments of which were increased while
the legislator was a member of the Congress. The
purpose of this disqualification is to prevent legislators to
create an office or to increase its emoluments for
personal gain.

ADAZA v. PACANA

The petitioner and the respondent were elected gov. and Vgov.

Respectively.

Both

subsequently

ran

for

the

Batasang

Pambansa, but only the petitioner won. Adaza then qualified as

a member of the law making body whereupon Pacana assumed
the governorship as statutory successor. Adaza challenged
Pacanas

takeover

contending

that

legislator

sould

concurrelntly serve as governor hence there was no vacancy in

the governorship that Pacana could fill. The court held that
Adaza automatically forfeited the governorship because he took
his oath as a member of the Batasang Pambansa.

Kinds of Session
The Congress has regular sessions and special sessions.
The Regular Sessions are conducted once a year
starting on the fourth Monday of July and continue as
long as the Congress deems it necessary but only until
thirty days before the next regular session.
Special Sessions are conducted anytime upon the
call of the President on subjects he wishes to consider.
This can last for as long as the Congress wants.

Araneta v. Dinglasan
SC distinguished Regular Session as the
power of the Congress is not circumscribed
except by limitations imposed by organic law.
Special Session, on the other hand, is a
legislation or only such subjects as the
President may designate

Officers
The Senate shall elect its Presidents and the House of
Representatives its Speaker, by a majority vote of all its
respective Members
Each house shall choose such other officers as it may
deem necessary
Officers do not have fixed term and may be replaced
anytime at the pleasure of a majority of all the
members of their respective chambers.
Other officers usually chosen are the Senate President
pro tempore, the Speaker pro tempore, the majority
and minority floor leaders, the chairmen of various
standing and special committees and the secretary &
sgt-at-arms, the last two being non-members of the
legislature.

Quorum
A quorum is defined as any number sufficient to
transact business during its regular or special
sessions.
Each house must meet the quorum or majority
of the body. One half of the members plus one is
the majority.
No law can be passed or a legislative function
discharged unless the quorum is reached.

Discipline of Members
Each house may determine the rules of its

proceedings, punish its members for disorderly

behavior, and 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.
Other disciplinary measures besides expulsion and

suspension are deletion of unparliamentary remarks

from the record, fine, imprisonment and censure,
sometimes called soft impeachment

Journals
Journal are records of what is done and past in a
legislative assembly
They are useful not only for authenticating the
proceedings but also for the interpretation of
laws through a study of the debates held thereon
and for informing the people of the official
conduct of their respective legislators
The Constitution requires that the journals be
published from time to time excepting such parts
as may affect the national security, w/c ought
not to be divulged to the public in general.

U.S v. Pons

The SC refused to go beyond recitals in the legislative

journals, w/c it held to be conclusive on the courts. To
inquire into the veracity of the journals of the Philippine
Legislature, it ruled, when they are, as we have said, clear
and explicit, would be to violate both the letter and spirit of
the organic laws by which the Philippine Government was
brought into existence, to invade a coordinate and
independent department of the Gov., and to interfere w/
the legitimate powers and functions of the Legislature.
But except only where the matters are required to be
entered in the journals, like the yeas and nays on the final
reading of a bill or on any question at the request of 1/5 of
the members present,, the contents of the enrolled bill
shall prevail over those of the journal in case of conflict

Astorga v. Villegas
The petitioner argued that, assuming there was a conflict
between the recitals in the journals and the version of the
measure as embodied in the enrolled bill, the conflict
should be resolved in the favor of the enrolled bill.
However, the SC did not sustain this contention, holding
that it had authority in this case to verify the real content
of the approved bill as reported in the journal. The reason
was that there was actually no enrolled bill to speak of in
view of the withdrawal of the signatures of the Pres. of
the Phil. & the Senate Pres.
The journal is only a resume or the minutes of what
transpired during a legislative session. The record is the
word-for-word transcript of the proceedings taken during
the session

Adjournment
Neither House during the sessions of the
Congress shaa, w/o the consent of the other,
adjourn for more than 3 days, nor to any other
place than that in w/c the two houses shall be
sitting

Electoral Tribunals
The sole judge of all contests relating to the election,
returns, and qualifications of their respective members
Composed of 9 members (3 justices of the SC to be
designated by the Chief Justice, 6 members from the
Senate or House of Representatives chosen on the
basis of

proportional representation from political

parties and party-list organizations)

Senior Justice in the Electoral Tribunal shall be its
Chairman

Suanes vs. Disbursing Officer of the Senate

The SC bolstered the indepence of Electoral Tribunal by hoding that the
employees of the Electoral Tribunals are its own, and not of the Senate nor
the House of Representatives nor any other entity, and it stands to reason
that the appointment, the supervision and control over the said employee
are wholly w/in the Tribunal itself
The decision of the Tribunal are not appealable to the SC EXCEPT in cases
where there is a clear showing of a grave abuse of discretion
Any accusation of grave abuse of discretion on the part of the HRET must be
established by a clear showing of arbitrariness and improvidence. The
circumstance that none of the 3 SC Justices took part in its Decision cannot
be taken as proof of grave abuse of discretion

Commission on Appointments
was created to check the appointing power of the President,

specifically in appointments to importance offices in the government

It consists of 25 members
the Senate President, as ex officio Chairman
12 Senators
12 Members of the House of Representatives

The Senators and Members of the House are elected by their

respective Houses based on proportional representation from the

political parties and party-list organizations (duly registered under
the party-list system) in the Congress.

 FUNCTION of the Commission is to approve or disapprove the

nominations submitted to it by the President to appointments that require its
approval.
The chairman of the Commission shall not vote, except in case of tie
The Commission shall act on all appointments submitted to it w/in 30 session
days of the Congress from their submission.
Ad Interim appointments not acted upon at the time of the adjournment
of the Congress, even if the 30 day period has not yet expired, are demed bypassed under Art. VII, Sec 16
Ad Interim appointments are permitted under the Constitution. These
appointments are made during the recess, subject to consideration later by
the Commission, for confirmation or rejection and effective only until
disapproval by

M.E M. Malhacan
Subject: Political Law