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Gallego v Verra

FACTS
CA declared Gallegos win as mayor of
Abuyog Leyta illegal and void
-

Pedro Gallego was a native of A,L.


Teacher in Catarman, Samar; Burawen,
Dulag; Abuyog Leyte
Resigned and ran for mayor in A,L.
DEFEATED
Went to Mindanao to look for work.
Found in Malaybalay Bukidnon as
nurseryman in chinchona
plantation.
Offered teaching job in Abuyog,
declined, resumed nurseryman job.
During period of job as nurseryman,
visited family back in abuyog. Never
brought family in free house in
chinchona plantation. Never availed of
offer of 10 hectares of land.
THEN registered as elector in precinct
of Lantapan, voted there. THOUGH
voters affidavit, did not state length
of time he resided in Malaybalay
Obtained and paid for residence cert
wherein stated he had resided therein
for 1 year and a half.

CA said Gallego had acquired residence of


choice in Malaybalay, lost domicile of
origin in Abuyog because:
1. Registration as voter
2. Voted in malaybalay
3. Residence certificate.
ISSUE
WON Pedro had been a resident of
Abuyog for at least 1 year.
-

Did he lose his domicile in abuyog bc


of the 3 aforesaid facts?
Assuming he did, has he reacquired
his domicile of origin at least 1 year
before election as mayor? N

HELD
Yes, abuyog redient for a year.
Residence synonymous with domicile
In order to acquire domicile by choice:

1. Residence or bodily presence in the


new locality
2. Intention to remain there
3. Intention to abandon old domicile
- Purpose to remain must be for an
indefinite period.
- Acts must conform with purpose.
- Change of residency is voluntary
- To the fact of residence there must be
animus manendi
He is a native of abuyog, always returned
there. Departure therefrom is a result of
first loss, to look for a job bc of financial
drawback. Did not take his family despite
free house. Bought piece of land > offer
of govt of 10 hectares within chinchona
reservation in malaybalay.

RomualdezMarcos v
COMELEC
FACTS
Petitioner Imelda Marcos filed Cert of
Candidacy for Rep of 1st district of Leyte.
[Residence in the constituency where I seek
to be elected immediately preceding the
election: ______ years and seven months]
Cirilo Roy Montejo (private respondent):
petition for cancellation and
disqualification of Marcos because did not
meet consti requirement for residency.
Evidence: voter registration.
Imelda: omission of seven in original cert
of candidacy was honest misinterpretation,
she sought to rectify by adding words since
childhood
-

She has always maintained Tacloban


as domicile

Montejo immediately opposed her (he


wrote letter saying shes not a resident of
tacloban but Tolosa, leyte) when she
announced she inteds to register as voter
in tacloban and run for congress. He also
filed petition with comelec to transfer
town of tolosa from 1st to 2nd district
-

8 year old Imelda established domicile


in Tacloban. Studied, graduated in
Holy Infant Academy. Pursued college
degree in St. Pauls College now Divine
Word University in Tacloban.
Went to Manila to work with cousin
Daniel Romualdez in H of R. Married
Ferdinand.
Ferdinand elected senator: they lived
in San Juan Rizal, Imelda registered as
voter.
Moved to Malacanang when Ferds is
pres
Became member of Batasang
Pambansa

COMELEC:

1. Montejos petition for disqualification


is MERITORIOUS
2. Strike off Imeldas corrected cert of
candidacy
3. Canceled her original cert of
candidacy
ISSUE

1. A minor follows domicile of her


parents. Tacloban became Imedas
domicile of origin by operation my law
when her father brought them to
Leyte.
2. Domicile of origin is only lost
when: 1) there is actual removal
or change of domicile, 2) a bona
fide intention of abandoning
former residence and establishing
a new one, and 3) acts which
correspond with the purpose. In
absence of these, it is deemed to
continue.
3. Wife does not automatically gain
husbands domicile. Imelda kept her D
of O, mere gained new home and not
domicilium necessarium.
4. Imelda even obtained residence cert in
Tacloban Leyte. Supports the
domiciliary intention cleartly
manifested.

Aquino v
COMELEC
FACTS
1995: Agapito Aquino filed Cert of Candidacy
for Rep for 2nd legislative district of Makati
City.

WON petitioner was a resident of the 1st


district of Leyte for a period of one year at
the time of the May 1995 elections

HELD

Court: domicile means place of habitual


residence permanent home place to
which whenever absent for business or
pleasure, one intends to return
Twin elements
-

Fact of residing or physical presence in


a fixed place
Animus manendi (intention of
returning there permanently)

Residence is used synonymously with


domicile for election purposes.

[residence in the constituency where I


seek to be elcted immediately
preceding the election: __ years and
10 months]
Move Makati (political party) and
chairman of LAKAS-NUCD-UMDP of
Baranggay Cembo in Makati filed
petition to disqualify Aquino.
Petitioner filed another cert, amending
first cert. says he resided for 1 year
and 13 days
COMELEC: dismissed petition, allowed
Aquino to run
COMELEC acted on another petition.
Suspended proclamation of Aquino til
Comission resolved issue.
COMELEC found Aquino ineligible.
Disqualified for lack of consti
qualification of residence.

ISSUE
WON residency in the cert of candidacy
actually connotes domicile to warrant the
disqualification

WON provent hat Aquino has established


domicile of choice and not just residence in
district hes running in
HELD

YES. In order for petitioner to qualify as


candidate, he must prove that he has
established not just residence but domicile of
choice.

Consti requires person seeking election to


the H of R should be a resident of the district
in which he seeks election for a period of not
less than 1 year.
residence = domicile
Purpose: to exclude strangers or newcomers
unfamiliar with the conditions and needs of
the community from taking advantage of
favorable circumstances existing in that
community.
Aquino DID NOT establish domicile of choice
in the district he was running in. (he should
prove he did)
Cert of Candidacy in a previous election: he
was resident and registered voter of San Jose
Conception. His birth certificate says
Conception is birthplace. THUS, domicile was
in Tarlac.
DISQUALIFIED BY COMELEC. SC UPHOLDS.

Domino v
COMELEC

His Voters Registration Record dated


June 22 1997. Counting from that day,
up to and until the day of the
elections, respondent lacks one year.
ISSUE
WON petitioner has resided in Sarangani for
at least 1 year immediately preceding May
11, 1998 elections. ]
HELD
no. residence = domicile.
3 rules in consideration of circumstances
1. A man must have a residence or
domicile somewhere,
2. Once established, remains until new
one is required.
3. A man can have but one residence of
domicile at a time.
Records show that petitioners domicile of
origin was candon, ilocos sur. Domicile of
choice in QC, as shown by his COC for rep of
3rd district of QC in May 1995.
He claims he has established a new domicile
of choice.

FACTS

1998 Domino filed Cert of Candidacy for Rep


of the lone legislative district of Sarangani.
Indicated in item 9: he has resided for one
year and 2 months.

Private respondents filed with


COMELEC petition to denie due
course/ cancel cert of candidacy.

Domino is not a resident, much less a


registered voter of the province.
Evidence:
a. COC item 4: birth date as Dec 5,
1953,
Item 9 claims resided for 1yr2mon
Item 10 registered voter
b. Voters registration record
ETC.
DOMINO says he complied, presented
his own set of evidences.
COMELEC promulgated resolution
declaring domino DISQUALIFIED for
lack of one year residence based on:

Ones domicile once established is


considered to contine. To effect a
change, see 3 requisites stated above
Contract of lease of a house and lot
entered into sometime 1997 does not
support a change of domicile.

Hdominos lack of intention to abandon


his residence is strengthened by his act of
registering as voter in QC.

Voting = not conclusive of residence, BUT


it is strong presumption of residence.
Continuously voted in a particular locality
= strong factor in assisting to determine
domicile.
Lease contract may be indicative of
Dominos intention to reside in Sarangani,
but it does not engender the kind of
permanency required to prove
abandonment of ones original domicile.

Co v Electoral
tribunal of the H
of R
FACTS
-

Petitioners: came to this court asking


to set aside and reversal of HRET.
HRET declared Ong is natural born, a
resident of Laoang, northern samar.
Respondent Ong: duly electer
drepresentative
The petitioners filed election
principles, FILED ELECTION PROTESTS
AGAINST PRIVATE RESPONDENT,
DIJLAS;

ISSUE
WON Jose Ong Jr. is a natural born citizen of
the Philippines
HELD
YES
-

As he grew older he absorbed Filipino


cultural values and practices.
As years passed, back to jose ong met
natural Filipino Agripina Lao, married
according to faith and practice.

Bengzon v Cruz
FACTS

The citizenship of respondent Cruz is at


issue in this case, in view of the constitutional
requirement that no person shall be a Member
of the House of Representatives unless he is a
natural-born citizen.
Cruz was a natural-born citizen of the
Philippines. He was born in Tarlac in 1960 of
Filipino parents. In 1985, however, Cruz enlisted
in the US Marine Corps and without the consent
of the Republic of the Philippines, took an oath of
allegiance to the USA. As a Consequence, he lost
his Filipino citizenship for under CA No. 63 [(An
Act Providing for the Ways in Which Philippine
Citizenship May Be Lost or Reacquired (1936)]
section 1(4), a Filipino citizen may lose his
citizenship by, among other, rendering service
to or accepting commission in the armed forces
of a foreign country.
Whatever doubt that remained regarding
his loss of Philippine citizenship was erased by his
naturalization as a U.S. citizen in 1990, in
connection with his service in the U.S. Marine
Corps.
In 1994, Cruz reacquired his Philippine
citizenship through repatriation under RA 2630
[(An Act Providing for Reacquisition of Philippine
Citizenship by Persons Who Lost Such Citizenship
by Rendering Service To, or Accepting
Commission In, the Armed Forces of the United
States (1960)]. He ran for and was elected as the
Representative of the 2nd District of Pangasinan
in the 1998 elections. He won over petitioner
Bengson who was then running for reelection.
Subsequently, petitioner filed a case for Quo
Warranto Ad Cautelam with respondent HRET
claiming that Cruz was not qualified to become a
member of the HOR since he is not a natural-born
citizen as required under Article VI, section 6 of
the Constitution.
HRET rendered its decision dismissing the
petition for quo warranto and declaring Cruz the
duly elected Representative in the said election.

ISSUE:
WON Cruz, a natural-born Filipino who became an
American citizen, can still be considered a
natural-born Filipino upon his reacquisition of
Philippine citizenship.

HELD:
petition dismissed
YES
Filipino citizens who have lost their citizenship
may however reacquire the same in the manner
provided by law. C.A. No. 63 enumerates the 3
modes by which Philippine citizenship may be
reacquired by a former citizen:
1. by naturalization,
2. by repatriation, and
3. by direct act of Congress.
**
Repatriation may be had under various statutes
by those who lost their citizenship due to:
1. desertion of the armed forces;
2. services in the armed forces of the allied forces
in World War II;
3. service in the Armed Forces of the United
States at any other time,
4. marriage of a Filipino woman to an alien; and
5. political economic necessity
Repatriation results in the recovery of the original
nationality This means that a naturalized Filipino
who lost his citizenship will be restored to his
prior status as a naturalized Filipino citizen. On
the other hand, if he was originally a natural-born
citizen before he lost his Philippine citizenship, he
will be restored to his former status as a naturalborn Filipino.
R.A. No. 2630 provides:
Sec 1. Any person who had lost his Philippine
citizenship by rendering service to, or accepting
commission in, the Armed Forces of the United
States, or after separation from the Armed Forces
of the United States, acquired United States
citizenship, may reacquire Philippine citizenship
by taking an oath of allegiance to the Republic of
the Philippines and registering the same with
Local Civil Registry in the place where he resides
or last resided in the Philippines. The said oath of
allegiance shall contain a renunciation of any
other citizenship.
Having thus taken the required oath of allegiance
to the Republic and having registered the same
in the Civil Registry of Magantarem, Pangasinan
in accordance with the aforecited provision, Cruz
is deemed to have recovered his original status
as a natural-born citizen, a status which he

acquired at birth as the son of \a Filipino father. It


bears stressing that the act of repatriation allows
him to recover, or return to, his original status
before he lost his Philippine citizenship.

Valles v COMELEC
FACTS
Rosalind Ybasco Lopez, born May 16 1934,
Napier Terrace, Broome, Western Australia.
Parents: Telesforo (Filipino from Camarines
Norte) & Teresa Marquez (Australian)
-

At 15, left AUS, settled in PH


Age 18: married to Leopoldo (Filipino)
at Malate Catholic Church.
Continually participated in the
electoral process as voter & candidate
Provincial board member of
Sangguniang Panlalawigan of Davao
Oreintal.
1992: elected governor of Davao
Oriental
Gil Taojo Jr (losing opponent) filed case
alleging AUSSIE citizenship
COMELEC en banc dismissed
no other evidence substantial
surfaced to confirm allegations.
Express renunciation of citizenship as
a mode of losing citizenship under
commonwealth act 63 is an equivocal
and deliberate act with full awareness
of its significance and consequence.
1995: ran for reelection, Francisco
Rabat also filed petition for disquali,
DISMISSED
Raised again during 1998 she ran for
re-election. Filed by now opponent
Cirilo Valles, DISMISSED; filed til
reached SC(lack of evidence)

COMELEC: respondent is Filipino bc


1. Father is Fil. Jus Sanguinis
2. Married to a Filipino
3. Renounced AUS 1992 BEFORE
DEPT OF Immigration and Ethnic
Affairs of Australia. AUSSIE
passport accordingly cancelled.
4. COMELEC resolutions declaring her
a Filipino

Petitioner: 1888 she registered with Bureau


of Immigration as Aussie and issued Alien
Cert of Registration, applied for Immigrant
Cert of Residence, also issued AUS passport
same year
HELD

Jus Sanguinis: a child follows the


nationality or citizenship of the
parents regardless of the place of
his/her birth
Jus Soli: nationality is based on place
of birth
She was born a year before 1936 consti

ACT 7160, SECTION 40 (LGC OF 1991)


DISQUALIFICATIONSTHE FF PERSONS ARE
DISQUALIFIED FROM RUNNING FOR ANY ELECTIVE

(D) THOSE WITH DUAL CITIZENSHIP


MERCADO V MANZANO:
XX THE PHRASE DUAL CITIZENSHIP IN
RA 7160, XXX 40 (D) AND RA 7854, X X X
20 MUST BE UNDERSTOOD AS REFERRING TO
DUAL ALLEGIANCE CONSEQUENTLY, PERSONS
WITH MERE DUAL CITIZENSHIP DO NOT FALL

JUS SANGUINIS

UNDER THIS DISQUALIFICATION.

1. THOSE WHO ARE CITIZENS OF THE PH


ISLANDS AT THE TIME OF THE ADOPTION OF

2.

(RENUNCIATION MUST BE EXPRESS)

XXX

If AUS is jus soli, she can claim dual


citizenship

THIS CONSTITUTION
THOSE BORN IN THE

5. IN CASE OF A WOMAN, UPON HER MARRIAGE,


TO A FOREIGNER IF, BY VIRTYE OF THE LAWS
IN FORCE IN HER HUSBANDS COUNTRY, SHE
ACQUIRES HIS NATIONALITY.

LOCAL POSITION:

PH bill of 1902
Jones Law

Both organic acts says all inhabitants of


the PJ who were Spanish subjects are
deemed to be Philippine citizens. so Her
father was deemed Filipino.

TWENTY-ONE YEARS OF AGE OR MORE


4. BY HAVING BEEN DECLARED BY COMPETENT
AUTHORITY, A DESERTER OF THE PJ ARMED
FORCES IN TIME OF WAR, UNLESS
SUBSEQUENTLY, A PLENARY PARDON OR
AMNESTY HAS BEEN GRANTED

PH law on citizenship:

A FOREIGN COUNTRY UPON ATTAINING

PH ISLANDS OF FOREIGN

PARENTS WHO, BECAUSE THE ADOPTION OF


THIS CONSTITUTION HAD BEEN ELECTED TO
PUBLIC OFFICE IN THE PH ISLANDS
3. THOSE WHOSE FATHERS ARE CITIZENS OF THE
PH
4. THOSE WHOSE MOTHERS ARE CITIZENS OF
THE PH AND, UPON REACHING THE AGE OF
MAJORITY, ELECT PJ CITIZENSHIP
5. THOSE WHO ARE NATURALIZED IN
ACCORDANCE WITH LAW

COMMONWEALTH ACT 63: A FILIPINO CITIZEN MAY


LOSE CITIZENSHIP:
1. BY NATURALIZATION IN A FOREGN COUNTRY
2. BY EXPRESS RENUNCIATION OF CITIZENSHIP
3. BY SUBSCRIBING TO AN OATH OF ALLEGIANCE
TO SUPPORT THE CONSTITUTION OR LAWS OF

ARTICLE VI
THE LEGISLATIVE DEPARTMENT
Section 1. The legislative power shall be
vested in the Congress of the Philippines which
shall consist of a Senate and a House of
Representatives, except to the extent reserved
to the people by the provision on initiative and
referendum.
Section 2. The Senate shall be composed of
twenty-four Senators who shall be elected at
large by the qualified voters of the Philippines,
as may be provided by law.
Section 3. No person shall be a Senator unless
he is a natural-born citizen of the Philippines
and, 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.
Section 4. The term of office of the Senators
shall be six years and shall commence, unless
otherwise provided by law, at noon on the
thirtieth day of June next following their
election. No Senator shall serve for more than
two consecutive terms. 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 of which he was
elected.
Section 5.
1. The House of Representatives shall be
composed of not more than two hundred
and fifty members, unless otherwise
fixed by law, who shall be elected from
legislative districts apportioned among

the provinces, cities, and the


Metropolitan Manila area in accordance
with the number of their respective
inhabitants, and on the basis of a
uniform and progressive ratio, and those
who, as provided by law, shall be
elected through a party-list system of
registered national, regional, and
sectoral parties or organizations.
2. The party-list representatives shall
constitute twenty per centum of the
total number of representatives
including those under the party list. For
three consecutive terms after the
ratification of this Constitution, one-half
of the seats allocated to party-list
representatives shall be filled, as
provided by law, by selection or election
from the labor, peasant, urban poor,
indigenous cultural communities,
women, youth, and such other sectors
as may be provided by law, except the
religious sector.
3. Each legislative district shall comprise,
as far as practicable, contiguous,
compact, and adjacent territory. Each
city with a population of at least two
hundred fifty thousand, or each
province, shall have at least one
representative.
4. Within three years following the return
of every census, the Congress shall
make a reapportionment of legislative
districts based on the standards
provided in this section.
Section 6. No person shall be a Member of the
House of Representatives unless he is a
natural-born citizen of the Philippines and, 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.
Section 7. The Members of the House of
Representatives shall be elected for a term of
three years which shall begin, unless otherwise
provided by law, at noon on the thirtieth day of
June next following their election. No Member
of the House of Representatives shall serve for
more than three consecutive terms. 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.
Section 8. Unless otherwise provided by law,
the regular election of the Senators and the
Members of the House of Representatives shall
be held on the second Monday of May.
Section 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.
Section 10. 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 term of all the Members of
the Senate and the House of Representatives
approving such increase.
Section 11. 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.
Section 12. All Members of the Senate and
the House of Representatives shall, upon
assumption of office, make a full disclosure of
their financial and business interests. They
shall notify the House concerned of a potential
conflict of interest that may arise from the
filing of a proposed legislation of which they
are authors.
Section 13. 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.
Neither shall he be appointed to any office
which may have been created or the
emoluments thereof increased during the term
for which he was elected.
Section 14. No Senator or Member of the
House of Representatives may personally

appear as counsel before any court of justice or


before the Electoral Tribunals, or quasi-judicial
and other administrative bodies. Neither shall
he, directly or indirectly, be interested
financially in any contract with, or in any
franchise or special privilege granted by the
Government, or any subdivision, agency, or
instrumentality thereof, including any
government-owned or controlled corporation,
or its subsidiary, during his term of office. He
shall not intervene in any matter before any
office of the Government for his pecuniary
benefit or where he may be called upon to act
on account of his office.
Section 15. The Congress shall convene once
every year on the fourth Monday of July for its
regular session, unless a different date is fixed
by law, and shall continue to be in session for
such number of days as it may determine until
thirty days before the opening of its next
regular session, exclusive of Saturdays,
Sundays, and legal holidays. The President may
call a special session at any time.
Section 16.
1. The Senate shall elect its President 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.
2. A majority of each House shall
constitute a quorum to do business, but
a smaller number may adjourn from day
to day and may compel the attendance
of absent Members in such manner, and
under such penalties, as such House
may provide.
3. Each House may determine the rules of
its proceedings, punish its Members for
disorderly behavior, and, with the
concurrence of two-thirds of all its
Members, suspend or expel a Member. A
penalty of suspension, when imposed,
shall not exceed sixty days.
4. Each House shall keep a Journal of its
proceedings, and from time to time
publish the same, excepting such parts
as may, in its judgment, affect national
security; and the yeas and nays on any
question shall, at the request of one-fifth
of the Members present, be entered in

the Journal. Each House shall also keep


a Record of its proceedings.
5. Neither House during the sessions of the
Congress shall, without the consent of
the other, adjourn for more than three
days, nor to any other place than that in
which the two Houses shall be sitting.
Section 17. The Senate and the House of
Representatives shall each have an Electoral
Tribunal which shall be the sole judge of all
contests relating to the election, returns, and
qualifications of their respective Members.
Each Electoral Tribunal shall be composed of
nine Members, three of whom shall be Justices
of the Supreme Court to be designated by the
Chief Justice, and the remaining six shall be
Members of the Senate or the House of
Representatives, as the case may be, who shall
be chosen on the basis of proportional
representation from the political parties and
the parties or organizations registered under
the party-list system represented therein. The
senior Justice in the Electoral Tribunal shall be
its Chairman.
Section 18. There shall be a Commission on
Appointments consisting of the President of the
Senate, as ex officio Chairman, twelve
Senators, and twelve Members of the House of
Representatives, elected by each House on the
basis of proportional representation from the
political parties and parties or organizations
registered under the party-list system
represented therein. The chairman of the
Commission shall not vote, except in case of a
tie. The Commission shall act on all
appointments submitted to it within thirty
session days of the Congress from their
submission. The Commission shall rule by a
majority vote of all the Members.
Section 19. The Electoral Tribunals and the
Commission on Appointments shall be
constituted within thirty days after the Senate
and the House of Representatives shall have
been organized with the election of the
President and the Speaker. The Commission on
Appointments shall meet only while the
Congress is in session, at the call of its
Chairman or a majority of all its Members, to
discharge such powers and functions as are
herein conferred upon it.
Section 20. The records and books of
accounts of the Congress shall be preserved
and be open to the public in accordance with

law, and such books shall be audited by the


Commission on Audit which shall publish
annually an itemized list of amounts paid to
and expenses for each Member.
Section 21. The Senate or the House of
Representatives or any of its respective
committees may conduct inquiries in aid of
legislation in accordance with its duly
published rules of procedure. The rights of
persons appearing in, or affected by, such
inquiries shall be respected.
Section 22. The heads of departments may,
upon their own initiative, with the consent of
the President, or upon the request of either
House, as the rules of each House shall
provide, appear before and be heard by such
House on any matter pertaining to their
departments. Written questions shall be
submitted to the President of the Senate or the
Speaker of the House of Representatives at
least three days before their scheduled
appearance. Interpellations shall not be limited
to written questions, but may cover matters
related thereto. When the security of the State
or the public interest so requires and the
President so states in writing, the appearance
shall be conducted in executive session.
Section 23.
1. The Congress, by a vote of two-thirds of
both Houses in joint session assembled,
voting separately, shall have the sole
power to declare the existence of a state
of war.
2. In times of war or other national
emergency, the Congress may, by law,
authorize the President, for a limited
period and subject to such restrictions
as it may prescribe, to exercise powers
necessary and proper to carry out a
declared national policy. Unless sooner
withdrawn by resolution of the Congress,
such powers shall cease upon the next
adjournment thereof.
Section 24. All appropriation, revenue or tariff
bills, bills authorizing increase of the public
debt, bills of local application, and private bills,
shall originate exclusively in the House of
Representatives, but the Senate may propose
or concur with amendments.
Section 25.

1. The Congress may not increase the


appropriations recommended by the
President for the operation of the
Government as specified in the budget.
The form, content, and manner of
preparation of the budget shall be
prescribed by law.
2. No provision or enactment shall be
embraced in the general appropriations
bill unless it relates specifically to some
particular appropriation therein. Any
such provision or enactment shall be
limited in its operation to the
appropriation to which it relates.
3. The procedure in approving
appropriations for the Congress shall
strictly follow the procedure for
approving appropriations for other
departments and agencies.
4. A special appropriations bill shall specify
the purpose for which it is intended, and
shall be supported by funds actually
available as certified by the National
Treasurer, or to be raised by a
corresponding revenue proposal therein.
5. No law shall be passed authorizing any
transfer of appropriations; however, the
President, the President of the Senate,
the Speaker of the House of
Representatives, the Chief Justice of the
Supreme Court, and the heads of
Constitutional Commissions may, by
law, be authorized to augment any item
in the general appropriations law for
their respective offices from savings in
other items of their respective
appropriations.
6. Discretionary funds appropriated for
particular officials shall be disbursed
only for public purposes to be supported
by appropriate vouchers and subject to
such guidelines as may be prescribed by
law.
7. If, by the end of any fiscal year, the
Congress shall have failed to pass the
general appropriations bill for the
ensuing fiscal year, the general
appropriations law for the preceding
fiscal year shall be deemed re-enacted
and shall remain in force and effect until

the general appropriations bill is passed


by the Congress.
Section 26.

the veto shall not affect the item or


items to which he does not object.
Section 28.

1. Every bill passed by the Congress shall


embrace only one subject which shall be
expressed in the title thereof.

1. The rule of taxation shall be uniform and


equitable. The Congress shall evolve a
progressive system of taxation.

2. No bill passed by either House shall


become a law unless it has passed three
readings on separate days, and printed
copies thereof in its final form have
been distributed to its Members three
days before its passage, except when
the President certifies to the necessity of
its immediate enactment to meet a
public calamity or emergency. Upon the
last reading of a bill, no amendment
thereto shall be allowed, and the vote
thereon shall be taken immediately
thereafter, and the yeas and nays
entered in the Journal.

2. The Congress may, by law, authorize the


President to fix within specified limits,
and subject to such limitations and
restrictions as it may impose, tariff
rates, import and export quotas,
tonnage and wharfage dues, and other
duties or imposts within the framework
of the national development program of
the Government.

Section 27.
1. Every bill passed by the Congress shall,
before it becomes a law, be presented
to the President. If he approves the
same he shall sign it; otherwise, he shall
veto it and return the same with his
objections to the House where it
originated, which shall enter the
objections at large in its Journal and
proceed to reconsider it. If, after such
reconsideration, two-thirds of all the
Members of such House shall agree to
pass the bill, it shall be sent, together
with the objections, to the other House
by which it shall likewise be
reconsidered, and if approved by twothirds of all the Members of that House,
it shall become a law. In all such cases,
the votes of each House shall be
determined by yeas or nays, and the
names of the Members voting for or
against shall be entered in its Journal.
The President shall communicate his
veto of any bill to the House where it
originated within thirty days after the
date of receipt thereof, otherwise, it
shall become a law as if he had signed
it.
2. The President shall have the power to
veto any particular item or items in an
appropriation, revenue, or tariff bill, but

3. Charitable institutions, churches and


personages or convents appurtenant
thereto, mosques, non-profit cemeteries,
and all lands, buildings, and
improvements, actually, directly, and
exclusively used for religious, charitable,
or educational purposes shall be exempt
from taxation.
4. No law granting any tax exemption shall
be passed without the concurrence of a
majority of all the Members of the
Congress.
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, 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.
Section 30. No law shall be passed increasing
the appellate jurisdiction of the Supreme Court
as provided in this Constitution without its
advice and concurrence.
Section 31. No law granting a title of royalty
or nobility shall be enacted.

Section 32. The Congress shall, as early as


possible, provide for a system of initiative and
referendum, and the exceptions therefrom,
whereby the people can directly propose and
enact laws or approve or reject any act or law
or part thereof passed by the Congress or local
legislative body after the registration of a
petition therefor signed by at least ten per
centum of the total number of registered
voters, of which every legislative district must
be represented by at least three per centum of
the registered voters thereof.