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Article VI: execution to the executive, and settlement of judicial

controversies to the judiciary. This principle is an implicit


limitation on legislative power. However, the separation is
The Legislative Department not absolute because it allows for checks and balances
because no one department is able to act without the
cooperation of at least one of the other departments. The
purpose of these checks and balances is to avoid power
Section 1: The legislative power shall be being concentrated in one department. The danger in the
vested in the Congress of the Philippines concentration of power was realized in the dark days of
martial law.
which shall consist of a Senate and a
House of Representatives, except to the Limits on Legislative Power
extent reserved to the people by the
provision on initiative and referendum. Legislative power is subject to substantive limitations which
circumscribe both the exercise of the power itself and the
Bicameral Body - The Jones Law called for a bicameral allowable subjects of legislation. The substantive limitations
Congress, but the 1935 and 1973 Constitutions both are chiefly found in the Bill of Rights, and there exist
originally called for a unicameral Congress. However, the procedural limitations prescribing the manner of passing
1935 Constitution was later amended to provide for a bills and the forms that these bills should take.
bicameral legislature.
Initiative and Referendum
The arguments for a unicameral body as contemplated in
In republican constitutional theory, the original legislative
the 1935 and 1973 Constitutions are:
power belongs to the people who, through the Constitution,
confer derivative legislative power on the legislature.
• simplicity of organization resulting in economy and
However, under the 1987 Constitution, the grant of
efficiency
legislative power to Congress is not exclusive. The
Constitution provides for initiative and referendum as a
• facility in pinpointing responsibility for legislation
direct means for the people to create law.
• avoidance of duplication
The power of initiative and referendum is thus the power of
the people directly to propose and enact laws or approve or
• strengthening of the legislature in relation to the
reject any act or law or part thereof passed by the Congress
executive.
or local legislative body. The purpose of the provisions for
initiative and referendum (Sections 1 and 32) is to
This debate resurfaced in the deliberations for the 1987
institutionalize People Power.
Constitution. A bicameral legislature was adopted, by a vote
of 23-22, because:
The operationalization of initiative and referendum has
been left by the Constitution to Congress. Although the
• an upper house has the capacity to look at
legislative power of Congress is plenary, the scope of the
problems from a national perspective, and this
legislative power that is given to the people by initiative and
national perspective serves as a check on the
referendum is limited to whatever exceptions that Congress
parochial tendency of a body elected by districts
may impose.

• a bicameral legislature allows for a more careful Legislative Powers of Marcos and Aquino
study of legislation
The 1973 Constitution provided for two concurrent
• bicameralism is less vulnerable to attempts by the legislative agencies: the Batasang Pambansa and the
executive at manipulation President. The legislative power of the Batasan was
ordinary, while the legislative power of the President was
Nature of Legislative Power extraordinary. The extraordinariness of the President's
power, however, did not lie solely in that it was a tool for
Legislative power is the authority to make laws and to alter
coping with emergency; it also lay in the distinct advantage
and repeal them. It is a derivative and vested power given
it gave to the President over the legislature. It not only
to the legislature by the Constitution. According to
enabled him to supply for the legislature when the latter, in
American jurisprudence, “the Constitution fixes limits to the
the judgment of the President, "fail[ed] or [was] unable to
exercise of legislative authority, and prescribes the limits
act on any matter" that may need immediate action, but it
within it must move. This also provides the basis for non-
also enabled the President to undo what the legislature
delegability and the prohibition against the passage of
might have done not to his satisfaction. Moreover, he could
irrepealable laws.
legislate, or repeal or amend old legislation unhampered by
any need for debate or three readings or by the other
Unlike the United States Constitution, the 1987 (like the
formal limitations that are imposed on the legislative body.
1935 and 1973 Constitutions) gives a grant of plenary
legislative power to the Philippine legislature. This means
Immediately after the February 1986 revolution, President
that “any power, deemed to be legislative by usage and
Corazon C. Aquino assumed revolutionary legislative power
tradition, is necessarily possessed by Congress, unless the
and, on March 25, 1986, issued Proclamation No. 3, the
organic act has lodged it elsewhere.”
Provisional Freedom Constitution, whose Article I, Section 3,
abolished the Batasang Pambansa and whose Article II,
Separation of Powers
Section 1, vested legislative power in the President "[u]ntil a
legislature is elected and convened under a new
A basic corollary of the presidential system of government
Constitution." Section 6 of the 1987 Transitory Provisions in
is the principle of separation of powers. Separation of
turn said: "The incumbent President [Corazon Aquino] shall
powers means that legislation belongs to Congress,

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continue to exercise legislative powers until the first may, by law, grant the President powers necessary to carry
Congress is convened." Thus the only difference between out declared national policy in times of war or other national
the scope of the legislative powers of President Aquino and emergency. Congress may also, by law, subject to
that of President Marcos was that, whereas Mr. Marcos limitiations that it may impose, tariff rates, import and
exercised the power concurrently first with the interim export quotas, tonnage and wharfage dues, and other
Batasang Pambansa and subsequently with the regular duties or imposts.
Batasang Pambansa, President Aquino exercised it alone.
She lost it on July 26, 1987. But she lost it with a bang Other Exceptions to Non-delegability
signing a batch of forty-two legislative acts on the eve of
the convening of the First Congress. Local governments may be allowed to legislate on purely
local matters. On the local level, the principle of separation
Non-delegability of Legislative Power of powers does not apply strictly between the executive and
the law-making body. Hence, the local law-making agency
There are three theories that advance the non-delegability may be given executive functions. When what is given is an
of legislative power: executive power, the rules applicable to the empowerment
of administrative agencies also becomes applicable to the
1. Separation of Powers keeps the responsibility for local law-making body. There are two other exceptions
the creation of statutes to the legislative branch given to the President, one in times of war and national
emergency, where the President has the powers necessary
2. Due Process – the process by which the powers are and proper to carry out a declared national policy, and
separated and safeguarded demand that where the President is delegated to fix tariff rates, import
legislation come from the legislative and export quotas, tonnage and wharfage dues, and other
duties and imposts.
3. Delegata potestas non potest delegari, which
means that which has been delegated to you Section 2. The Senate shall be composed
cannot be further delegated by you
of twenty-four Senators who shall be
Since the Constitution gave to Congress alone the power to elected at large by the qualified voters of
make law, means that no other body or branch of the Philippines, as may be provided by
government can make laws. The controlling legal maxim is law.
the maxim of agency, delegata potestas non potest
delegari. However, in spite of this principle, numerous
The number of senators is pegged at twenty four because
statutes have been passed conferring legislative power to
the drafters envisioned a small Senate which was supposed
administrative agencies, authorizing them to exercise
to ensure that the quality of the people elected to the
regulatory powers.
Senate remained at a high standard.

This is justified by two theories: the first theory, advanced in


1825, is that a non-legislative body may be authorized to
Section 3. No person shall be a Senator
“fill in the gaps” of a statute. The other theory, is that unless he is a natural-born citizen of the
Congress may pass contingent legislation, which leaves to Philippines and, on the day of the election,
another body the business of the fact necessary to bring the is at least thirty-five years of age, able to
law into actual operation. As a result, the function
performed by the administrative agency becomes
read and write, a registered voter, and a
administrative in nature. resident of the Philippines for not less
than two years immediately preceding the
In order to ensure that the function of the administrative
day of the election.
agency is not law-making power, the statute making the
delegation must:
The residence requirement is satisfied if one is domiciled in
the Philippines, even though not physically present within
be compete in itself – it must set forth therein the policy to
the two-year period, and the age qualification must be
be carried out or implemented by the delegated agency,
possessed on the day the votes are cast and not on the day
and
of the proclamation.
fix a standard – the limits of which are sufficiently
determinate or determinable, to which the delegate must Section 4. The term of office of the
conform in the performance of his functions. Senators shall be six years and shall
commence, unless otherwise provided by
Since rules and regulations promulgated by administrative
law, at noon on the thirtieth day of June
agencies pursuant to the valid delegating statute have the
force of law, jurisprudence tells us that their violation may next following their election.
be punished as a penal offense as long as these conditions
are met: No Senator shall serve for more than two
consecutive terms. Voluntary renunciation
• the violation must have been made criminal by the
of the office for any length of time shall
delegating statute
not be considered as an interruption in the
• the penalty must be provided by the statute itself continuity of his service for the full term
of which he was elected.
• the regulation must be published.
The term of office of Senators is six years, and unless
Furthermore, legislative power is delegated to local otherwise provided by law, commences at noon on the
government by constitutional tradition (as defined as a thirtieth day of June next following their election. The term
practice that has existed since time immemorial). Congress

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follows that found in the 1935 Constitution. There is a two Membership
consecutive term limit. A Senator can run again three years
after the expiration of his second term. Membership of the House of Representative is fixed at 250,
BUT may be raised form time-to-time by statute following
the clause “unless otherwise fixed by law.”
Section 5. (1) The House of
Representatives shall be composed of not Raising the membership of the House may be do by
more than two hundred and fifty reapportionment
members, unless otherwise fixed by law,
who shall be elected from legislative Reapportionment results in the creation of new districts or
districts apportioned among the through the creation of new provinces. This must be done
provinces, cities, and the Metropolitan by Congress within 3 years after the return of the census in
Manila area in accordance with the order to ensure that proportional representation is
preserved.
number of their respective inhabitants,
and on the basis of a uniform and Reason— Sec 5 (3): Reapportionment merits/creates (1)
progressive ratio, and those who, as legislative body.
provided by law, shall be elected through
a party-list system of registered national, • Each province is entitled to at least one district or
regional, and sectoral parties or
organizations. • The creation of new provinces since 1 province
entitled to 1 district or
(2) The party-list representatives shall
• The creation of new cities
constitute twenty per centum of the total
number of representatives including those CASE: Tobias v. Abalos / Mariano, Jr. V. COMELEC
under the party list. For three consecutive
terms after the ratification of this San Juan & Mandaluyong being recognized as separate
Constitution, one-half of the seats legislative districts.
allocated to party-list representatives
shall be filled, as provided by law, by The incidental effect of converting a municipality of a
selection or election from the labor, congressional district into a city large enough to have its
own legislative district is the splitting of a district into two
peasant, urban poor, indigenous cultural
(2). Moreover, this incidental effect is deemed implicitly
communities, women, youth, and such
contained in the title announcing the creation of the new
other sectors as may be provided by law, city thus satisfying the requirement that the content if the
except the religious sector. bill be announced in the title.

(3) Each legislative district shall comprise, CASE: Montejo v. COMELEC


as far as practicable, contiguous, compact,
Imbalances in the remaining legislative districts of the
and adjacent territory. Each city with a
mother provinces cannot be corrected by the COMELEC as it
population of at least two hundred fifty
has no authority to do so. Correction of the imbalance must
thousand, or each province, shall have at await the enactment of a reapportionment law.
least one representative.
Apportionment
(4) Within three years following the return
of every census, the Congress shall make Rules in dividing provinces, cities and the Metropolitan
Manila Areas
a reapportionment of legislative districts
based on the standards provided in this Sec 5 (1): Apportionment in accordance with their number
section. of inhabitants and on the basis of a uniform and progressive
ratio
I. Kinds of Representatives
Sec 5(2): “Each legislative district shall comprise, as far as
District representatives—elected by districts Sec 5(1) practicable, contiguous, compact and adjacent territory”
(Prohibits gerrymandering—creation of representative
CASE: Macias v. COMELEC districts out of separate portions of territory in orer to favor
a candidate.”
The underlying principle behind this rule of apportionment
is the concept of equality of representation, which is the Sec 5 (3): Each city or province with a population of at least
basic principle of republicanism. 250,000 is entitled to have at least one representative.

Party Representatives (Permanent Proportional Regime)— EXCEPTION to PROPORTIONAL REPRESENTATION RULE: A


elected by party-list system Sec 5(1)/ RA 7941 province is always entitled to one representative no matter
what its population size.
Sectoral Representative (Temporary Regime)—extinct;
lasted only for three consecutive terms after the ratification SEC 5(4): Reapportionment of legislative districts within 3
of the Constitution. Sec 5(2) years following the return of the census.

II. House Membership/Reapportionment/ Allows for correction of imbalances in representation due to


Apportionment the increase in population.

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CASE: Tobias v. Abalos (see notes on Reapportionment) • Consti Commisisons meant to reserve 25 seats for
the marginalized sectors for the 1st 3 terms after
CASE: Sema vs. COMELEC: Only Congress can create the ratification of the Constitution only.
provinces and cities because their creation necessarily
includes the creation of legislative districts, which is a • However, SC still ruled that all 50 seats are
power solely exercised by Congress. reserved for the marginalized sector and not just
for 3 consecutive terms but forever and that party-
III. Party-list System (RA 7941) list nominees “must represent marginalized and
underrepresented sectors.”--- departure form the
• Party-list seats= 20% of total number of Constitution and RA 7941
representatives including those under the party list
CASE: Banat v. COMELEC
• 2% threshold requirement to qualify for
representation • Revisited the (4) inviolable parameters of RA7941,
but made special attention to mathematical
• 3-limit seat interpretation of the term “proportional
representation”
• Additional seats in proportion to their total number
of votes. • The application of the 2% threshold in relation to
the distribution of the additional seats was strike
CASE: Veterans Federation Party v. COMELEC down because such application would not allow all
the seats for the party-list to be filled.
• Inviolable parameters of RA7941 (1) 20% allocation
(2) 2% threshold to qualify (3) 3-limit seat (4) • It also discussed that political parties are allowed
proportional representation. to run under the party-list system provided that
they field sectoral candidates.
• Questioned the constitutionality of the 2%
threshold and 3-limit seat requirement Section 6. No person shall be a Member of
the House of Representatives unless he is
• According to Art6 Sec 5, Congress is vested with
the broad power to define and prescribe the a natural-born citizen of the Philippines
mechanics of the party-list system of and, on the day of the election, is at least
representation. twenty-five years of age, able to read and
write, and, except the party-list
• 20% prescription is merely a maximum limit to the
number of party-list representatives but the representatives, a registered voter in the
maximum need not be filled. district in which he shall be elected, and a
resident thereof for a period of not less
2% threshold is to ensure that only parties, coalitions, and
organizations having a sufficient number of constituents
than one year immediately preceding the
deserving for representation were actually represented in day of the election.
Congress.
Requirements for District/ Party-list/ Sectoral
CASE: Ang Bagong Bayani, et. al V. COMELEC
Representatives:
(CONTROVERSIAL)
• Natural-Born Citizens
• SC ruled that associations are not allowed to
participate indiscriminately in the part-list system.
• Citizens of the Philippines from birth without
Participation is limited to parties or organizations
having to perform any act to acquire or perfect
representing the “marginalized and
their Philippine citizenship (Art 4 Sec 2)
underprivileged.
• Those born before January 17, 1973 of Filipino
• SC laid down guidelines for COMELEC to apply in
mothers who elect Philippine citizenship upon
deciding which organizations are qualified.
reaching the age of majority (Art 4 Sec1 (3))

• Parties and organizations must represent the CASE: Bengzon v. Cruz: Natural born citizens who lose
marginalized and underrepresented sector their citizenship by naturalization in another country, but is
latter repatriated recovers natural-born citizen status
• Political parties may join provided that they fit the
aforementioned requirement. • At least 25 years old on the day of elections

• Nominees must comply with the qualitative • Able to read and write
requirement.
• A registered voter in the district where he is to be
• SC saw the party-list system not as a proportional elected (except for patry-list representatives as
system of representation designed to strengthen they do not represent a district)
demoncracy but a “sectoral representation” meant
to promote social justice, which is contrary to the
• A resident thereof for a period of not less than one
intent of the Constitutional Commissioners.
year immediately preceding the day of elections.

Residence—a place of a bode, whether permanent or


temporary

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Domicile—a permanent residence to which one, when The case involves Sec. 67, Art. 9 of the Omnibus Election
absent, has the intention to return. Code, BP881. Rep. Dimaporo challenged the law as it
unconstitutionally shortens his term.
CASE: Gallego vs. Verra
The court held that the statutory provision is consonant with
• It is the intent of the law in fixing a residence the constitutional edict that public officials must serve with
qualification is to exclude a stranger or newcomer, utmost loyalty and not trifle with the mandate which they
unacquainted with the conditions and needs of the have received from the people.
community and not identified with the latter, from
an elective office to serve the community. The law did not shorten Dimaporo’s term; it merely
shortened his tenure.
• In order to acquire domicile by choice the following
must concur: CASE: Farinas et. al. Vs. Executive Secretary

• Residence or bodily presence in the new locality Superseded Dimaporo by virtue of the Fair Election Law.

• An intention to remain there indefinitely (animus National elective office does not terminate his tenure by the
manendi) mere fact of having filed for candidacy to a position
different from what he is holding.
• An interntion to abandon the old domicile
Counted from June 13th next following their election
voluntarily (animus non reverendi)

NOTE: Starting date may be changed by law.


CASE: Romualdez-Marcos v. COMELEC

Reason for the term of Representatives: To facilitate


If a person retains his domicile of origin, then the one-year
synchronization with the 6-year term of the President, Vice-
period is irrelevant because by legal fiction, wherever he
President and Senators.
may be, he is a resident of his domicile of origin.When
Ferdinand Marcos died, Imelda’s domicile reverts back to
domicile of origin. Thus, she is qualified to run in Leyte. Section 8. Unless otherwise provided by
law, the regular election of the Senators
CASE: Aquino v. COMELEC and the Members of the House of
SC viewed that wither domicile or residence would suffice
Representatives shall be held on the
provided that the one year physical presence is satisfied. second Monday of May.

CASE: Domino v. COMELEC Elections for Senators and House of Representatives shall
be held on the second Monday of May.
A bona fide intention of abandoning the former place of
residence and establishing a new one and definite acts CASE: Codilla v. De Venecia
which correspond with the purpose. There must be animus
manendi coupled with animus non reverendi. In a democracy, the first self-evident principle is that he
who has been rejected by the people cannot represent the
CASE: Social Justice Society v. Dangerous Drugs people. Also, the enforcement of the sovereign will of the
Board people is not subject to the discretion of any official of the
land.
The requirements of Sec. 6 are exclusive; Congress cannot
add anything to it. Mandatory drug testing for national Rep. Codilla clearly won the district representative position,
officials is unconstitutional. thus he is entitled to be sworn into office and his name be
registered in the Roll of Members of the House of
Representatives.
Section 7. The Members of the House of
Representatives shall be elected for a Section 9. In case of vacancy in the Senate
term of three years which shall begin,
unless otherwise provided by law, at noon or in the House of Representatives, a
on the thirtieth day of June next following special election may be called to fill such
their election. vacancy in the manner prescribed by law,
but the Senator or Member of the House
No member of the House of of Representatives thus elected shall
Representatives shall serve for more than serve only for the unexpired term.
three consecutive terms. Voluntary
renunciation of the office for any length of Filling Vacancies
time shall not be considered as an
interruption in the continuity of his Service for the unexpired terms shall be counted as one
term for the purpose of counting the number of allowable
service for the full term for which he was
successive terms.
elected.
Special elections is not mandatory and the date as to its
Term of Representatives: 3 year term execution is not prescribed under law.

CASE: Dimaporo v. Mitra Senators: Special elections for a seat could wait until the
next triennial election of Senators.

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CASE: Tolentino v. COMELEC debate in the congress or in any
committee thereof.
The case involves Teofisto Guingona’s vacant seat in Senate
when he got appointed.
1. Privilege from arrest
COMELEC failed to give notice of the time of the special
1. -which was found in the sec. 15 art. 8 of 1935
elections, but did not negate the calling of such election.
consti, was the same parliamentary immunity from
arrest enjoyed by the members of the parliament
The right and duty to hold the election emanate from the
of england and by members of the United States
statute and not from any call for the election by some
Congress.
authority and the law thus charges voters with the
knowledge of the same time and place of the election. Thus,
2. -do not include immunity from arrest arising from
the elections is still valid despite COMELEC’s failure to give
an act or omission punishable by law. It covers
notice of the time of special election
only immunity from civil arrests.

Section 10. The salaries of Senators and 3. -one who has been convicted does not enjoy
Members of the House of Representatives immunity from arrest. e.g. a Congressman who has
shall be determined by law. No increase in been convicted of rape
said compensation shall take effect until
2. Parliamentary freedom of speech and debate
after the expiration of the full term of all
the Members of the Senate and the House 1935- sec. 15 art. 6 - for any speech or debate in Congress,
of Representatives approving such the senators and members of the house of representatives
shall not be questioned in any other place.
increase.
purpose: to enable and encourage a representative of the
• Annual Salary as fixed by Sec. 17 Art 18, but public to discharge his public trust with firmness and
subject to change by law success for it is indispensably ncessary that he should enjoy
the fullest liberty of speech and that he should be protected
• Members of Congress- P204,000 from the resentment of every one, however powerful, to
whom the exercise of that liberty may occasion offense.
• Senators- P240,000
-1935 provision was a copy of the speech and debate clause
• Limitations to Salary increase and benefits of art. 1 sec 6 of the US consti

• No increase shall be take effect until after the -1987 & 1973- slight modification of the traditional
expiration of the full term of ALL Members of the phraseology but it has preserved the traditional limit and
House and Senate approving such increase. scope of the immunity.

CASE: PHILCONSA v. Mathay 1. it is a guarantee of immunity from answerability before


an outside forum but not from answerability to the
From 1935 & 1973 Constitution which placed a legal bar to disciplinary authority of Congress itself.
the legislators yielding to the temptation of increasing their
wages. 2.to come under the guarantee the speech or debate must
be one made in the Congress or in any committee thereof.
The retirement benefits of legislators shall be based on the
salary in effect during his term and not on the increased Brewster v. US - senator not protected by the speech and
salary of the subsequent term. debate clause for solicitation and acceptance of a bribe in
return for his vote on a legislative question.
Allowances

No Legal limit to allowances.


Sec 12. All members of the senate and the
Only Moral Limit—Records and books of account of
Congress shall be open to the public in accordance with the
house of representatives shall, upon
law and that such books will be audited by the Commission assumption of office, make a full
on Audit which shall itemize the expenditures of each disclosure of their financial and business
member. interests. They shall notify the house
Office and necessary travel allowances not included in the concerned of a potential conflict of
salary. interest that may arise from the filing of a
proposed legislation of which they are
Sec 11. A Senator or member of the house authors.
of representatives shall, in all offenses
punishable by not more than six years 1. Financial and business interests
imprisonment, be privileged from arrest
• -sets down a policy of full disclosure of the financial
while the congress is in session. No and business affairs of a legislator
member shall be questioned nor be held
liable in any other place for any speech or • -put the house on notice about any potential
conflict of interest that may arise from the filing of
a proposed legislation of which they are the

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authors. This enables the house to examine the government for his pecuniary benefit or
arguments he might present with a sharper eye
where he may be called upon to act on
and in the context of his personal interest.
account of his office.
• -the advance disclosure would create a
presumption in favor of the legislator concerned
should he later be charged by his colleagues with
conflcit of interest. 1. Prohibitions; lawyer legislators

Sec 13. No Senator or members of the • -intended to prevent members of Congress from
taking advantage, pecuniary or otherwise, of their
house of representatives may hold any
position in their dealings with the courts, or in their
other office or employment in the business operations, or in their dealings with any
government, or any subdivision, agenyc, government agency or corporation.
or instrumentality thereof, including
• -a lawyer-legislator may not personally appear as
government-owned or controlled
counsel before any court of justice. This prohibition
corporations or their subsidiaries, during cannot be circumvented under the guise of
his term without forfeiting his seat. appearing "in intervention" in one's behalf.
Neither shall he be appointed to any office
• from the conclusion of the SC (Puyat v. De
which may have been created or the
Guzman) one may infer that a legislator may
emoluments thereof increased during the appear in person if in fact he is a genuine party in
term for which he was elected. the case.

1. Disqualifications 2. Prohibitions: conflict of interests.

• -the prohibited offices include membership in the • -legislators are also prohibited from being "directly
board of regents, board of trustees, board of or indirectly interested financially in any contract
directors of state universities and colleges. with, or in any franchise or special privilege
granted by the government, or any subdivision,
• since the prohibition is only during his term, a agency or instrumentality thereof, including any
legislator is not prevented from accepting an government-owned or controlled corporation, or its
appointment. However, if he chooses to accept subsidiary, during his term of office".
another office, he automatically forfeits his seat in
Congress. • they cannot be members of the board of
corporations with contract with government. such
• the disqualification in the second sentence, would be at least indirect financial interest.
however, applies for the duration of the six year
term even if he resigns from Congress before the • -legislator cannot intervene in any matter before
end of his term. any office of the government for his pecuniary
benefit or where he may be called upon to act on
1935 & 1973: 2 conditions must concur: account of his office. the prohibited pecuniary
benefit could be direct or indirect and thus would
1. the office must be civil cover pecuniary benefit for relatives.

2. such office must have been created or its Sec 15. The Congress shall convene once
emoluments increased while he was a member of
every year on the fourth Monday of July
the legislature
for its regular session, unless a different
1987: the office need not be a civil one, it could be a date is fixed by law, and shall continue to
military office. be in session for such number of days as it
may determine until thirty days before the
Sec 14. No Seantor or member of the
opening of its next regular session,
house of representatives may personally
exclusive of Saturdays, Sundays, and legal
appear as counsel before any court of
holidays. The president may call a special
justice or before the electoral tribunal, or
session at any time.
quasi-judicial and other administrative
bodies. Neither shall he, directly or 1. Sessions of Congress
indirectly, be interested financially in any
contract with, or in any franchise or 1935: lasts only for 100 days ; special session: limited to
thirty days
special privilege granted by the
government, or any subdivision, agency, 1973, sec 15: may last for as long as Congress wishes but
or instrumentality thereof, including any only until thirty days before the opening of its next regular
session, exclusive of Saturdays, Sundays, and legal
government-owned or controlled
holidays. Howevery, the president may call congress to a
corporation, or its subsidiary, during his special session at anytime; special session: no fixed limit.
term of office. He shall not intervene in can last as long as the congress wants
any matter before any office of the

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May the president limit the subjects which may be rules to determine the legality of the acts of Senate.
considered during a special session called by him? (involved internal matters).

1935: the president could - sec 9 art. 6 said that pres. could 2. A quorum to do business
call a special session to consider general legislation or only
such subjects as he may designate. US house of rep: sec 16 only members voting on a
proposition were counted for the purposes of determining
1987: "The president may call a special session at any the quorum
time." The language is not exclusive. The pres. is given the
power to call a session and to specify subjects he wants 1890: speacker Reed ruled that all members present,
considered, but it does not empower him to prohibit whether voting or not, should be counted. This ruling
consideration of other subjects. became Rule XV of the house and the U.S. supreme court
upheld the rule saying that,since the consti did not
prescribe the method for determining the presence of a
Section 16. (1) The Senate shall elect its majority, the house was competent to prescribe any method
President and the House of which shall be reasonably certain to ascertain the fact.
Representatives its Speaker, by a majority
vote of all its respective Members. - the base for computing the majority of the legislative body
for the purpose of determining the existence of a quorum
Each House shall choose such other should normally be the total membership of the body. In
Avelino v. Cuenco, the base used was 23, when the total
officers as it may deem necessary.
number of senate was 24. this was because the 24th
senator was abroad.
(2) A majority of each House shall
constitute a quorum to do business, but a 3. Internal rules and discipline
smaller number may adjourn from day to
day and may compel the attendance of inherent in legislative body: power of internal regulation
absent Members in such manner, and and discipline
under such penalties, as such House may
• 1935, Art 6 sec 10 : each house may determine the
provide.
rules of its proceedings, punish its members for
disorderly behavior, and, with the consent of 2/3 of
(3) Each House may determine the rules of all its Members, expel a member.
its proceedings, punish its Members for
disorderly behavior, and, with the • 1973: modified the above rules by prescribing a
concurrence of two-thirds of all its number of votes needed to impose a suspension
Members, suspend or expel a Member. A and by limiting suspension to sixty days
penalty of suspension, when imposed,
• 1987: follows 1973
shall not exceed sixty days.
-on matters affecting only internal operation of the
(4) Each House shall keep a Journal of its legislature, the legislature's formulation and
proceedings, and from time to time implementation of its rules is beyond the reach of the
publish the same, excepting such parts as courts. When, however, the legislative rule affects private
may, in its judgment, affect national rights, the courts cannot altogether be excluded (US v.
security; and the yeas and nays on any Smith)
question shall, at the request of one-fifth
of the Members present, be entered in the
Journal. 4. Journals, Record: publicity and probative value;
"enrolled bill" rule.
Each House shall also keep a Record of its
proceedings. -the duty to keep a journal has a dual purpose:

(1) to insure publicity to the proceedings of the


(5) Neither House during the sessions of legislature, and a correspondent responsibility of
the Congress shall, without the consent of the members of their respective constituents
the other, adjourn for more than three
days, nor to any other place than that in (2) to provide proof of what actually transpired in the
which the two Houses shall be sitting. legislature.

1935: congress could impose secrecy at its discretion


1. Officers of Congress

1973 & 1987: exempt from publication only such matters as


-the only officers prescribed by the consti are the president
may, in each House's judgment, affect national security.
of teh senate and the speaker of the house of
representatives
-what gives conclusive weight to journal, when balanced
side by side with extraneous evidence, is the fact that it is
-each house, however, may decide to have other officers to
an official act of legislature.
be chosen within the control of each house

enrolled billed doctrine- the signing of a bill by the Speaker


SC refused to intervene in Santiago v. Guingona because of
of the House and the President of the Senate and the
absense of constitutional or statutory guidelines or specific
certification by the secretaries of both Houses of Congress

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that such bill was passed are conclusive of its due passes to the Electoral Tribunal of either the House or the
enactment (Arroyo v. De Venecia) Senate.

5. Recess 3. Independence of the Electoral Tribunals

-both Houses may hold session practically all year round. • -although six members of the electoral tribunals
are members of Congress, the tribunals
- go on compulsory recess thirty days before the opening of themselves are not part of either House of
the next regular session Congress.

-each house may also adjourn for a voluntary recess but • they are independent constitutional creations
neither may adjourn, without the consent of the other for which have power to create their own rules and are
more than 3 days nor to any place than that in which the 2 not under the supervision or control of Congress.
house shall be sitting.
• -electoral are independent of the COMELEC hence
Sec 17. The Senate and the house of governed by the tribunal's own rules but they have
representatives shall each have an not jurisdiction over pre-proclamation
controversies which come under the jurisdiction of
electoral tribunal which shall be the sole
the COMELEC
judge of all contests relating to the
election, returns, and qualifications of • -ET decisions are not subject to appeal to the SC.
their respective members. Each electoral However, SC is not totally excluded. Under Art 8
sec 1, judicial power includes the authority to
tribunal shall be composed of nine
determine whether or not there has been a grave
members, three of whom shall be justices abuse of discretion amounting to lack or excess of
of the Supreme Court to be designated by jurisdiction on the part of any branch or
the Chief Justice, and the remaining six instrumentality of the government.
shall be members of the Senate or the
Section 18. There shall be a Commission
house of representatives, as the case may
on Appointments consisting of the
be, who shall be chosen on the basis of
President of the Senate, as ex officio
proportional representation from the
Chairman, twelve Senators, and twelve
political parties and the parties or
Members of the House of Representatives,
organizations registered under the party-
elected by each House on the basis of
list system represented therein. The
proportional representation from the
senior justice in the electoral tribunal
political parties or organizations
shall be its Chairman.
registered under the party-list system
1. Composition represented therein. The Chairman of the
Commission shall not vote, except in case
-mixture of members of Congress and of the Supreme Court
of a tie. The Commission shall act on all
2. Jurisdiction of the Electoral Tribunals. appointments submitted to it within thirty
session days of the Congress from their
-original provision in sec 7 par. 5 of the Act of the United
submission. The Commission shall rule by
States Congress of July 1, 1902 - "the assembly shall be the
judge of the elections, returns, and qualifications of its a majority vote of all the Members.
members.
Composition
-the provision was taken from sec 5 Art 1 of the consti of US
providing that "each house shall be the judge of the - The Senate President – ex-officio
chairman
elections, returns, and qualifications of its own members."
- 12 Senators^
-the Act of the US Congress of Aug 29, 1916 sec 18 par. 1,
modified the provision to read : "that senate and house of - 12 Members of the House of the
rep, respectively, shall be the SOLE judges of the elections, Representatives^
returns and qualifications of their elective members." This
exclusive grant of jurisdiction at once effectively barred ^elected by each house on the basis of proportional
either House from interference with the judgment of the representation from the political parties and parties and
other House and also completely removed the subject organizations registered under the party list system therein
matter from the jurisdiction of the courts in language that
was full, clear, and complete. Cases:

Coseteng vs. Mitra, Jr.

-under the 1987 consti, COMELEC decides who the winner is Coseteng- only member of KAIBA political party
in the election.
ISSUE: Can she be entitled to one of the 12 seats?
-in election contest, the jurisdiction of the COMELEC ends
once a candidate has been proclaimed and has taken his HELD: No
oath of office as a Member of Congress. Jurisdiction then

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RATIO: HOR-202 members, 1 seat for CA must have 16.8 such powers and functions as are herein
members in the HOR or 8.4% of the total membership.
conferred upon it.
KAIBA was short of required number even if she had the
support if members not belonging to her party.
• Shall be constituted within 30 days after the
Senate and HOR shall have been organized with
Guingona, Jr. Vs. Gonzales
the election of the President and the Speaker.
• Senatorial elections of 1992 yielded 15
LDP senators, 5 NPC, 3 LAKAS, 1 LP-PDP- • Commission on Appointments
Laban
• -may meet only while the congress is in session, at
• Proportional Representation: 7.5 LDP, 2.5 the call of its chairman or a majority of its
NPC, 1.5 LAKAS, .5 LP-PDP-Laban
Members
• The Senate rounded up LDP and LP PDP
Laban while NPC and LAKAS were not Consent to or confirm the nominations pursuant to Section
rounded up. 16, Article 7

ISSUE: Is this constitutional? Section 20. The records and books of


accounts of the Congress shall be
HELD: No
preserved and be open to the public in
RATIO: Deprived the other parties of their representation accordance with law, and such books shall
(NPC and LAKAS). 11 members only during that time. 12 is be audited by the Commission on Audit
nor mandatory. which shall publish annually an itemized
Daza vs. Singson
list of amounts paid to and expenses
incurred for each Member.
The composition is proportional to the size of the political
parties and organizations in the congress, periodic • Open to the public in accordance with the
reorganization may be necessary in order to reflect changes law
in the proportion within congress. It is understood that
these changes in party affiliation are permanent and not • Audited by the Commission on Audit
merely temporary.
• COA- published an annually itemized list
Nature of amounts paid and expenses incurred by
each member
• Legislative check on the appointing authority of the
president Section 21. The Senate or the House of
Representatives or any of its respective
• Independent of congress – Cunanan vs. Tan
committees may conduct inquiries in aid
• Powers emanate directly from the Constitution of legislation in accordance with its duly
published rules of procedure. The rights of
• Functions are purely executive in Nature persons appearing in or affected by such
inquiries shall be respected.
• Can promulgate its own rules
Power of inquiry—with process to enforce it—is an essential
• Supreme court cannot pass upon the correctness of the and appropriate auxiliary to the legislative function. A
interpretation placed by the Commission of its own legislative body cannot legislate wisely or effectively in the
rules absence of information respecting the conditions which the
legislation is intended to affect of change. (Aurnault vs.
• Shall act on all appointments submitted it within 30 Nazareno)
session days of the congress from the submission
Limitations of Legislative Investigation
• Ad interim appointments not acted upon are deemed
passed under Sec 16, Art 7. • It must be in aid of legislation

Section 19. The Electoral Tribunals and • In accordance with the duly published rules of
the Commission on Appointments shall be procedure
constituted within thirty days after the
• The rights of the person appearing in or affected
Senate and the House of Representatives by such inquiries shall be respected
shall have been organized with the
election of the President and the Speaker. • Bill of rights
The Commission on Appointments shall
• Right against self-incrimination
meet only while the Congress is in
session, at the call of its Chairman or a • Unreasonable searches and seizures
majority of all its Members, to discharge
• Right to demand

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• No person shall be punished for contumacy as a • Oversight functions of congress. Intended to
witness unless his testimony is required in a matter enable congress to determine how laws it has
into which legislature or any of its committees has passed are being implemented.
jurisdiction to inquire.
• Enable the department heads to be heard by the
• Not necessary that every question must be legislature and thereby achieve cooperation
material to a proposed legislation between the executive and legislative departments

• Materiality of the question is determined if • Appearance of department heads is not mandatory


germane to subject of inquiry and not by its but directory. Own initiative or upon the request of
indirect relation to any proposed or possible the house. It will be done as the rules of each
legislation house prescribe.

• Investigations can also be conducted by Congress • President may or may not consent the appearance
Committees of the department head. He may require the
appearance be in executive session.
• Punishment ceases when House of Representatives
reaches final adjournment. • Congress may refuse the initiative taken by the
department secretary.
• This power may be looked into by the Supreme
Court by virtue of Sec 1, Article 8. Section 23. (1) The Congress, by a vote of
two-thirds of both Houses in joint session
CASES:
assembled, voting separately, shall have
Bengzon Jr. vs. Senate Blue Ribbon Committee
the sole power to declare the existence of
a state of war.
• Not in aid of legislation
(2) In times of war or other national
• Speech of Senator Enrile contained no suggestion emergency, the Congress may, by law,
of contemplated legislation but merely pointed out authorize the President, for a limited
whether the relatives of President Aquino, period and subject to such restrictions as
particularly Mr. Ricardo Lopa, violated the law.
it may prescribe, to exercise powers
necessary and proper to carry out a
• Petitioners had been charged in Sandiganbayan for
the same transaction, appearance might prejudice
declared national policy. Unless sooner
their case withdrawn by resolution of the Congress,
such powers shall cease upon the next
Osmena Jr. vs. Pendatun adjournment thereof.

• Congress has suspended the operation of a House • Congress has the sole power to declare the existence of
rule which could have protected Congressman a state of war – renouncing aggressive war Section 2,
Osmena Article 2. By a vote of 2/3 of both houses in joint
session assembled, voting separately.
• Parliamentary rules may be waived or disregarded
by the legislative body—when private rights are • Does not prohibit the waging of defensive war even in
not affected the absence of a declaration of war or a declaration of
the existence of a state of war
Section 22. The heads of departments may
• Actual power to make war is an executive power-sword
upon their own initiative, with the consent
of war
of the President, or upon the request of
either House, as the rules of each House • Congress may authorize the President to exercise
shall provide, appear before and be heard powers necessary and proper to carry out a declared
national policy.
by such House on any matter pertaining to
their departments. Written questions shall Limits of the emergency powers
be submitted to the President of the
Senate or the Speaker of the House of • For a limited period

Representatives at least three days before


• Withdrawn by a resolution – does not need
their scheduled appearance. approval of the president
Interpellations shall not be limited to
written questions, but may cover matters o Or, next adjournment of congress

related thereto. When the security of the o Subject to restrictions as congress may
State or the public interest so requires provide
and the President so states in writing, the
appearance shall be conducted in Section 24. All appropriation, revenue or
executive session. tariff bills, bills authorizing increase of
public debt, bills of local application, and

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private bills shall originate exclusively in appropriations for other departments and
the House of Representatives, but the agencies.
Senate may propose or concur with
amendments. (4) A special appropriations bill shall
specify the purpose for which it is
• Bills that originates from the HOR: intended, and shall be supported by funds
actually available as certified by the
• Appropriation Bill –to set aside a sum of money National Treasurer, or to be raised by a
public use corresponding revenue proposed therein.

• Revenue or Tariff Bills –for raising revenues


(5) No law shall be passed authorizing any
• Bills of local application –reach is limited to specific
transfer of appropriations; however, the
localities, such as creation of a town President, the President of the Senate,
the Speaker of the House of
• Private bill –affect a private person, such as Representatives, the Chief Justice of the
granting citizenship to a foreigner Supreme Court, and the heads of
Constitutional Commissions may, by law,
• Presumed that district representatives are closer to be authorized to augment any item in the
the pulse of the people than senators are and are general appropriations law for their
therefore better in the position to determine both respective offices from savings in other
the extent of the legal burden they are capable of items of their respective appropriations.
bearing and the benefits that they need.

Tolentino vs. Secretary of Finance (6) Discretionary funds appropriated for


particular officials shall be disbursed only
• -involves RA 7716 or the Value Added Tax Law for public purposes to be supported by
appropriate vouchers and subject to such
• -After the House version was sent to the Senate, guidelines as may be prescribed by law.
the Senate introduced a substitute bill which
apparently it had prepared in anticipation of the
House bill. Later the President certified to the
(7) If, by the end of any fiscal year, the
urgency of passing the Senate version of the bill. Congress shall have failed to pass the
After the 2 versions had gone to the Conference general appropriations bill for the ensuing
Committee, the House approved the Conference fiscal year, the general appropriations law
Committee report which for all practical purposes for the preceding fiscal year shall be
was the senate bill. deemed reenacted and shall remain in
force and effect until the general
ISSUE: was there a violation of the rule on origination? appropriations bill is passed by the
Congress.
HELD: No.

RATIO: Bill must originate from the House; but the law itself No money shall be paid out of the Treasury except in
which is the product of the total bicameral legislative pursuance of an appropriation made by law is a limit not on
process originates not just from the House but from both the power of Congress but on the disbursing authority of the
Senate and House. executive department

Limitations:
Section 25. (1) The Congress may not
increase the appropriations recommended Sec 24
by the President for the operation of the
Government as specified in the budget. – shall originate from HOR but the Senate may propose or
concur with amendments
The form, content, and manner of
preparation of the budget shall be Sec 25
prescribed by law.
• The Congress may not increase appropriations
recommended by the President for the operation of
(2) No provision or enactment shall be the Government as specified in the budget
embraced in the general appropriations
bill unless it relates specifically to some • the congress may not clutter the general
particular appropriation therein. Any such appropriations law with provisions not specifically
provision or enactment shall be limited in related to some particular item of appropriation,
its operation to the appropriation to which and every such provision shall be limited in its
it relates. operation to the appropriation item to which it
relates

(3) The procedure in approving Garcia vs. Mata


appropriations for the Congress shall
strictly follow the procedure for approving • provision on the reversion of reserved officers into
active duty which was inserted in the Appropriation
Act of 1956-1957 was found to be unrelated to any

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provision in the appropriation bill and therefore (2) No bill passed by either House shall
unconstitutional become a law unless it has passed three
readings on separate days, and printed
• concept of riders
copies thereof in its final form have been
distributed to its Members three days
• may not adopt a procedure for approving
appropriations for itself different from the
before its passage, except when the
procedure for other appropriations President certifies to the necessity of its
immediate enactment to meet a public
• special appropriation bills must specify the purpose calamity or emergency. Upon the last
for which they are intended and must be supported reading of a bill, no amendment thereto
by funds certified as available by the National shall be allowed, and the vote thereon
Treasurer. If funds are not actually available, a shall be taken immediately thereafter, and
corresponding revenue proposal must be provided. the yeas and nays entered in the Journal.
• limited discretion to authorize transfer of funds
• Every bill shall embrace only one subject which
shall be expressed in the title thereof is mandatory
• -President, Senate President, Speaker, Chief Justice
and not directory. Compliance with it is essential to
may be authorize to augment any item in the
the validity of the legislation.
general appropriations law for their respective
offices from the savings in other items of their
• It should not cripple or impede proper legislation.
respective appropriations

• Giving the constitutional requirement a liberal


Demetria vs. Alba
interpretation (Sumulong vs. Comelec)
• -PD 1177
• Sufficient compliance: Title expresses the general
subject and all the provisions of the statute are
• -empowered the president to indiscriminately
germane to that general subject. Nature, scope
transfer funds without regard as to whether or not
and consequences of the proposed laws and its
the funds to be transferred are actually savings in
operation.
the item from which they are to be taken

See the following cases:


• -law is unconstitutional

• Cordero vs. Cabatuando


• -corrected by RA 6670

• Alalayan vs. National Power Corporation


• discretionary funds are appropriated for particular
officials shall be disbursed only for public purposes
• Tio vs. Videogram Regulatory Board
to be supported by appropriate vouchers and
subject to such guidelines as may be provided by
• Philippine Judges Association v. Prado
law

Pascual vs. Secretary of Public Works • Tobias vs. Abalos

• appropriation of money to construct feeder roads • Philconsa vs. Gimenez

• to be constructed on private property; • Garcia vs. Mata


appropriation set on private purpose
• Tan v. Del Rosario, Jr.
• cannot cripple the operation of government by its
failure or refusal to pass a General Appropriations • Lidasan vs. COMELEC – was not sufficient to cover the
Bill; automatic re-enactment of the GAB of the barrios outside of Lanao del Norte
preceding year
Why?

• To prevent hodge podge or log-rolling legislation


• Sec 29
• To prevent surprise or fraud upon the legislature by
means of provisions in bills of which the titles gave no
• Prohibits the expenditure of public money for
information and which might therefore be overlooked
religious purposes and carelessly and unintentionally adopted

• Sec 22 of Article 7 • To fairly appraise the people through such publication


of legislative proceedings made
• General Appropriations law must be based on the
budget prepared by the President PASSAGE OF THE BILL

Section 26. (1) Every bill passed by the • 3 readings on 3 separate days. Printed copies of
Congress shall embrace only one subject the bill in its final form should be distributed 3 days
before its passage except when the President
which shall be expressed in the title
certifies to the necessity of its immediate
thereof.
enactment.

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• The certification by the president is to dispense - 2 steps for a bill to become a law.
from the requirement that the readings be on
separate days and that the bill be printed in its • It must be approved by Congress. The legislative
final form and distributed there days before third action requires of Congress is a positive act-so not
reading (Tolentino vs. Secretary of Finance) enactment of law by legislative inaction (Miller v.
Mardo)

Section 27. (1) Every bill passed by the • It must be approved by the President. Approval by
Congress shall, before it becomes a law, the President may be by positive act/ inaction. If
be presented to the President. If he the Pres. doesnt act on the bill within 30 days after
approves the same, he shall sign it; the receipt of the bill, the bill automatically
otherwise, he shall veto it and return the becomes law.
same with his objections to the House
where it originated, which shall enter the • final approval of a bill doesn’t make it immediately
objections at large in its Journal and effective.
proceed to reconsider it. If, after such
reconsideration, two-thirds of all the • Laws only become effective after adequate
publication. (Tanada v. Tuvera)
Members of such House shall agree to
pass the bill, it shall be sent, together
• Conference Committees
with the objections, to the other House by
which it shall likewise be reconsidered, • bicameral system bills are
and if approved by two-thirds of all the independently processed by both House
Members of that House, it shall become a of Congress.
law. In all such cases, the votes of each
House shall be determined by yeas or • It is not unusual that the final
nays, and the names of the Members version approved by 1 House differs from
what has been approved by the other.
voting for or against shall be entered in its
Journal. The President shall communicate • Conference committee =
his veto of any bill to the House where it consists of members nominated from both
originated within thirty days after the Houses.
date of receipt thereof; otherwise, it shall
become a law as if he had signed it. • It is an extra-constitutional creation of the
Congress whose function is to propose to Congress
(2) The President shall have the power to ways of reconciling conflicting provisions found in the
Senate version and in the House version of a bill.
veto any particular item or items in an
appropriation, revenue, or tariff bill, but
• performs a necessary function in a bicameral
the veto shall not affect the item or items system, BUT should NOT perform functions that
to which he does not object. Congress itself may not do.

Section 27. (1) Every bill passed by the Congress shall, • their proposals need the confirmation by both
before it becomes a law, be presented to the President. Houses.

• If he approves the same, he shall sign it; otherwise, he • Extent of its power = (Tolentino
shall veto it and return the same with his objections to v. Sec of Finance) The Court had the
the House where it originated, which shall enter the opportunity to delve into what conference
objections at large in its Journal and proceed to committees may do. The petitioners
reconsider it. contended that the consolidation of the
House and Senate bills made by the
• If, after such reconsideration, two-thirds of all the conference committee contained
Members of such House shall agree to pass the bill, it provisions which neither the Senate
shall be sent, together with the objections, to the other bill/House bill had.
House by which it shall likewise be reconsidered, and if
approved by two-thirds of all the Members of that The Court’s answer: In the US, conference committees could
House, it shall become a law. be held in executive sessions and amendments germane to
the purpose of the bill be introduced even if these weren’t
• In all such cases, the votes of each House shall be in the original bill. BUT the court didn’t bother to check
determined by yeas or nays, and the names of the whether perhaps the US practice was based on a
Members voting for or against shall be entered in its constitutional context different from ours.
Journal. The President shall communicate his veto of
any bill to the House where it originated within thirty Petitioners also contended that the changes were made in a
days after the date of receipt thereof; otherwise, it shall secret meeting of the conference committee. Justice
become a law as if he had signed it. Mendoza replied: nothing unusual to this. Often the only
way to reach agreement on conflicting provisions is to meet
(2) The President shall have the power to veto any behind close doors, with only the conferees present.
particular item or items in an appropriation, revenue, or
tariff bill, but the veto shall not affect the item or items to The Court papered everything under the enrolled bill rule
which he does not object.
Note: the Consti commands the state to adopt and carry out
Passage of Bills a policy of full public disclosure of all its transactions

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involving public interest. Bill of Rights guarantees the right answer to that is Art 6, sec 25(7). This doctrine by
of all citizens to info on matters of public concern. the court is an alternative preventive measure.

Veto Power and Item-veto Executive impoundment

• Bill vetoed by the Pres. may still become a law= • another way exercise executive veto.
2/3 of all members of such House shall agree to
pass the bill. + approval of the other House by • Impundment = refusal of the President to spend
vote of 2/3 of all its members. funds already allocated by Congress for a specific
purpose.
• Their yeas/ nays will be recorded in its Journal.
• No provision in the Consti for the subject.
• General rule: Pres can only veto entire bill, not
allowed to veto separate items. • (Phil. Consti. Assoc. v. Enriquez) the amount
appropriated by Congress for compensation and
• Exception: appropriation, revenue and tariff bills- separation benefits of CAFGU’s members had a
he can item-veto. provision attached “ it shall be used for the
compensation of CAFGU including the payment of
• Appropriation bill= purpose is to set apart a certain their separation benefit not exceeding 1 year
amt from the public revenue for a specific purpose. subsistence allowance for the 11, 000 members to
be deactivated on 1994” President didn’t veto the
• Revenue bill= intended to levy taxes. provision but said in his veto message that the
implementation of the provision is subject to his
• Tariff bill= imposes duties/ imposts whether for prior approval. Challengers of the veto contended
revenue/ regulation. that the provision already required for the
deactivation of the members such that the
Note: (Bengzon v. Drilon) invalidated President’s President had no choice but to implement it.
veto. The case involved the Gen. Appropriation Act of 1992. President justified his impoundment on the basis of
The law appropriated 500M php for “general fund his duty as Commander-in-Chief to desist from
adjustment for operational and special requirements as implementing a law which would prejudice public
indicated hereunder”. President vetoed the use of the fund interest.
for the adjustment of the pension of justices. Court said that
it wasn’t a veto of an item, since the item was the whole Court refrained from passing judgment on the
500M, what the Pres. Vetoed was the method of meeting constitutionality of impoundment. It just said that the
unavoidable obligations or the manner of using the 500M. provision should be in a separate bill.

• Essence of item-veto: President may veto distinct Requirement of the “yeas and nay” of the Members:
and severable parts. (Arroyo v. De Venecia)

• (Phil Constitution Assoc. v. Enriquez) The court • upon the last and 3rd reading of a bill
invalidated the veto of a restriction on the use of
funds for road maintenance and purchase of • request of 1/5 of the members present
medicine since the veto didn’t include a veto of the
appropriated funds themselves. • in repassing a bill over the veto of the President.

• Invalid veto has no effect. It is as if the President


Section 28. (1) The rule of taxation shall
didn’t act on the bill at all. The bill becomes a law
be uniform and equitable. The Congress
by executive inaction (Bolinao Electronics v.
Valencia)
shall evolve a progressive system of
taxation.
• New doctrine of “inappropriate provisions”
(2) The Congress may, by law, authorize
• (Gonzales v. Macaraig, Jr.) doctrine says that a the President to fix within specified limits,
provision that is constitutionally inappropriate for and subject to such limitations and
an appropriation bill may be singled out for veto restrictions as it may impose, tariff rates,
even if it is not an appropriation or revenue item.
import and export quotas, tonnage and
President may veto riders. In this case, President
was allowed to veto an attempt by indirection to
wharfage dues, and other duties or
amend the Presidential decree authorizing imposts within the framework of the
automatic appropriation of funds for servicing national development program of the
foreign debts. Government.

• (Phil Consti Assoc v. Enriquez) Court reiterated that (3) Charitable institutions, churches and
the President possesses the power to veto a parsonages or convents appurtenant
provision in an appropriation bill even if it is not an
thereto, mosques, non-profit cemeteries,
item but is a rider.
and all lands, buildings, and
• Intent behind the doctrine- from (Henry v.
improvements, actually, directly, and
Edwards) to prevent the legislature from forcing exclusively used for religious, charitable,
the President to veto the entire appropriation law or educational purposes shall be exempt
thereby paralyzing the gov. But the our Consti’s from taxation.

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(4) No law granting any tax exemption Section 30. No law shall be passed
shall be passed without the concurrence increasing the appellate jurisdiction of the
of a majority of all the Members of the Supreme Court as provided in this
Congress.
Constitution without its advice and
concurrence.
Power of taxation: Scope and Purpose

Purpose of the power to tax: Section 31. No law granting a title of


royalty or nobility shall be enacted.
1. raise revenue
Section 32. The Congress shall, as early as
2. instrument of national and economic and social policy
possible, provide for a system of initiative
3. used as an instrument for the extermination of and referendum, and the exceptions
undesirable activities and enterprises. It involves the therefrom, whereby the people can
power to destroy
directly propose and enact laws or
4. tool for regulation approve or reject any act or law or part
thereof passed by the Congress or local
5. power to keep alive. The foundation for the imposition legislative body after the registration of a
of tariffs deisgned for the encouragement and
petition therefor signed by at least ten per
protection of locally produced goods against
competition of imports (Hampton and Co. v. US) centum of the total number of registered
voters, of which every legislative district
General limit: must be represented by at least three per
• exists for the general welfare
centum of the registered voters thereof.

• limitation: exercised only for a public purpose

• an attribute of sovereignty

• strongest of all of the powers of the gov.

• adversely affecting as it does property rights, both due


process and equal protection clauses of the Consti may
properly be invoked to invalidate in appropriate cases a
revenue measure

Section 29. (1) No money shall be paid out


of the Treasury except in pursuance of an
appropriation made by law.

(2) No public money or property shall be


appropriated, applied, paid, or employed,
directly or indirectly, for the use, benefit,
or support of any sect, church,
denomination, sectarian institution, or
system of religion, or of any priest,
preacher, minister, or other religious
teacher, or dignitary as such, except when
such priest, preacher, minister, or
dignitary is assigned to the armed forces,
or to any penal institution, or government
orphanage or leprosarium.

(3) All money collected on any tax levied


for a special purpose shall be treated as a
special fund and paid out for such purpose
only. If the purpose for which a special
fund was created has been fulfilled or
abandoned, the balance, if any, shall be
transferred to the general funds of the
Government.

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