Puno

Creation of and powers given to Joint Congressional Oversight Committee

o The power of Congress does not end with the finished task of
legislation. Concomitant with its principal power to legislate is the
o

auxiliary power to ensure that the laws it enacts are faithfully executed
Concept of oversight:
power of oversight embraces all activities undertaken by
Congress to enhance its understanding of and influence over the

implementation of legislation it has enacted

concerns post-enactment measures undertaken by Congress:
to monitor bureaucratic compliance with program

objectives
to determine whether agencies are properly administered,
to eliminate executive waste and dishonesty
to prevent executive usurpation of legislative authority
to assess executive conformity with the congressional

perception of public interest.

intrinsic in the grant of legislative power itself and integral to the
checks and balances inherent in a democratic system of

government
Categories of congressional oversight functions
Scrutiny
Purpose: determine economy and

efficiency

of

the

operation of government activities

Passive process of looking at facts provided
Based on power of appropriation of the congress
Best seen in budget hearings for GAA and confirmation of

appointments
Can also be used under Section 22 Article VI of Consti

(question hour)
Congressional investigation
Intense digging of facts (Section 21 Article VI of Consti)
Once an inquiry is established, investigating committee
has power to require witnesses to answer any question
pertinent to the inquiry but subject to right of against self

incrimination
Limitations:
o must be in aid of its legislative functions
o must be conducted in accordance with
published rules of procedure

duly

persons

appearing

therein

are

afforded

their

constitutional rights.
Powers:
o issue subpoena and subpoena duces tecum to a
witness in any part of the country, signed by the
chairperson or acting chairperson and the Speaker
o

or acting Speaker
thirds (2/3) of all its members constituting a

quorum, punish for contempt any person who:

refuses, after being duly summoned, to obey such

o
o
o

summons without legal excuse

refuses to be sworn or placed under affirmation
refuses to answer any relevant inquiry
refuses to produce any books, papers, documents
or records that are relevant to the inquiry and are

in his/her possession;
acts in a disrespectful manner towards any member
of the Committee or commits misbehavior in the

presence of the committee

unduly interferes in the conduct of proceedings

during meetings
Legislative supervision
allows Congress to scrutinize the exercise of delegated
law-making authority, and permits Congress to retain part

of that delegated authority

the two previous powers look into past executive actions

while supervision is for the present

Congress exercises supervision over the executive
agencies through its veto power. It typically utilizes
veto provisions when granting the President or an
executive agency the power to promulgate regulations
with the force of law. These provisions require the
President

or

an

agency

to

present

the

proposed

regulations to Congress, which retains a right to

approve or disapprove any regulation before it takes
effect.

Legislative veto has 2 sides: necessary to maintain the

balance of power between the legislative and the
executive

branches

of

government

or

encroachment upon the executive prerogatives

undue