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composition -sema vs comelec
Thus, the creation of any of the four local government units – province, city, municipality or barangay – must comply with three conditions. First, the creation of a local government unit must follow the criteria fixed in the Local Government Code. Second, such creation must not conflict with any provision of the Constitution. Third, there must be a plebiscite in the political units affected.
Legislative Districts are Created or Reapportioned Only by an Act of Congress
Under the present Constitution, as well as in past Constitutions, the power to increase the allowable membership in the House of Representatives, and to reapportion legislative districts, is vested exclusively in Congress. Section 5, Article VI of the Constitution provides:
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. xxxx (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. (Emphasis supplied)
is at least thirty-five years of age[MUST BE POSSESSED ON THE DAY THE VOTES ARE CAST AS FIXED BY LAW AND NOT ON THE DAY OF PROCLAMATION]. a. only through a national law passed by Congress. –NO OF SENATORS MAY BE INCREASED Section 3. we held that the “power of redistricting x x x is traditionally regarded as part of the power (of Congress) to make laws. Article VI of the Constitution vests in Congress the power to increase. COMELEC. through a law. Congress is a national legislature and any increase in its allowable membership or in its incumbent membership through the creation of legislative districts must be embodied in a national law. No person shall be a Senator unless he is a natural-born citizen of the Philippines and. This textual commitment to Congress of the exclusive power to create or reapportion legislative districts is logical. EVEN IF NOT PHYSICALLY PRESENT IN THE PHIL DURING THE 2 YEAR PERIOD]. and not through a law that regional or local legislative bodies enact. It would be anomalous for regional or local legislative bodies to create or reapportion legislative districts for a national legislature like Congress. unless otherwise provided by law. Section 5 (4) empowers Congress to reapportion legislative districts. a registered voter. In Montejo v. and new legislative districts of Congress can be created. the allowable membership in the House of Representatives. created by a superior legislative body. on the day of the election. The term of office of the Senators shall be six years and shall commence.” and thus is vested exclusively in Congress.1. Senate Section 2.Section 5 (1). able to read and write. An inferior legislative body. The allowable membership of the House of Representatives can be increased. Congress exercises these powers through a law that Congress itself enacts. Only Congress can enact such a law. The power to reapportion legislative districts necessarily includes the power to create legislative districts out of existing ones. and a resident of the Philippines for not less than two years immediately preceding the day of the election[DOMICILED IN THE PHILIPPINES. at noon on the thirtieth day of . Section 4. cannot change the membership of the superior legislative body. as may be provided by law[MECHANICS FOR ELECTING SENATORS AT LARGE]. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines.
regional. Section 6. House of Representatives Section 5. shall have at least one representative. as provided by law. except the religious sector. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and. women. a. No Senator shall serve for more than two consecutive terms[SENATOR COULD RUN AGAIN THREE YERS AFTER THE EXPIRATION OF THE SECOND TERM]. compact. peasant. (3) Each legislative district shall comprise. and the Metropolitan Manila area in accordance with the number of their respective inhabitants. able to read and write. For three consecutive terms after the ratification of this Constitution. as provided by law. as far as practicable. and those who. unless otherwise fixed by law. and. (2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. one-half of the seats allocated to party-list representatives shall be filled. and adjacent territory. or each province. a registered voter in the district in . (4) Within three years following the return of every census. cities. contiguous. is at least twenty-five years of age. indigenous cultural communities. shall be elected through a party-list system of registered national. and such other sectors as may be provided by law. and sectoral parties or organizations.2. youth. except the party-list representatives. on the day of the election. the Congress shall make a reapportionment of legislative districts based on the standards provided in this section. 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. Each city with a population of at least two hundred fifty thousand. (1) The House of Representatives shall be composed of not more than two hundred and fifty members. who shall be elected from legislative districts apportioned among the provinces.June next following their election. and on the basis of a uniform and progressive ratio. by selection or election from the labor. urban poor.
Jr. "unless otherwise provided by law." The inescapable import of the latter clause is that the present composition of Congress may be increased. Therefore. Congress cannot possibly preempt itself on a right which pertains to itself. unless otherwise provided by law.7 or alter or enlarge the Constitution. deliberated upon and enacted the assailed law.A. a reading of the applicable provision. shows that the present limit of 250 members is not absolute. No. vs COMELEC B. or weaken the force of a constitutional mandate. Qualifications and terms of Office Social Justice Society vs Dangerous Drugs Board Beyond these stated qualification requirements. Section 7. Mariano. that issuance is null and void and has no effect. as it cannot disregard. The Members of the House of Representatives shall be elected for a term of three years which shall begin. . Tobias vs abalos As to the contention that the assailed law violates the present limit on the number of representatives as set forth in the Constitution. Article VI.which he shall be elected. the increase in congressional representation mandated by R. and a resident thereof for a period of not less than one year immediately preceding the day of the election. 7675 in effect preempts the right of Congress to reapportion legislative districts. if Congress itself so mandates through a legislative enactment. Section 5(1). candidates for senator need not possess any other qualification to run for senator and be voted upon and elected as member of the Senate. The Congress cannot validly amend or otherwise modify these qualification standards. No Member of the House of Representatives shall serve for more than three consecutive terms. as aforequoted. The Constitution clearly provides that the House of Representatives shall be composed of not more than 250 members. including Section 49 thereof. Section 8. Unless otherwise provided by law. The Constitution is the . 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.A. evade. the said argument borders on the absurd since petitioners overlook the glaring fact that it was Congress itself which drafted. It is basic that if a law or an administrative rule violates any norm of the Constitution. 7675 is not unconstitutional. No. at noon on the thirtieth day of June next following their election. As to the contention that Section 49 of R. the regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May.
no act shall be valid if it conflicts with the Constitution. The essential distinction between . Residence. validly impose qualifications on candidates for senator in addition to what the Constitution prescribes. absentee voting was unknown to. The right of a citizen in the democratic process of election should not be defeated by unwarranted impositions of requirement not otherwise specified in the Constitution. (2) not otherwise disqualified by law. (3) at least eighteen years of age. It is the physical presence of a person in a given area.basic law to which all laws must conform.13 b. Residence Requirement Macalintal vs Comelec Section 1. and (4) who are residents in the Philippines for at least one year and in the place where they propose to vote for at least six months immediately preceding the election. implies the factual relationship of an individual to a certain place. community. The right of absentee and disabled voters to cast their ballots at an election is purely statutory. is also without such power. Domicile includes the twin elements of “the fact of residing or physical presence in a fixed place” and animus manendi.8 In the discharge of their defined functions. the COMELEC. the three departments of government have no choice but to yield obedience to the commands of the Constitution. the common law. Article V of the Constitution specifically provides that suffrage may be exercised by (1) all citizens of the Philippines. or country. Whatever limits it imposes must be observed In the same vein. 36(g). in its ordinary conception. or an absolute right. to be sure. and not recognized at. the COMELEC cannot. If Congress cannot require a candidate for senator to meet such additional qualification. or the intention of returning there permanently. Statutes on absentee voting are regarded as conferring a privilege and not a right. in the guise of enforcing and administering election laws or promulgating rules and regulations to implement Sec.
Ordinarily. the strategic location of Section 2 indicates that the Constitutional Commission provided for an exception to the actual residency requirement of Section 1 with respect to qualified Filipinos abroad.” viz: By the doctrine of necessary implication in statutory construction. the execution of the affidavit itself is not the enabling or enfranchising act. Madam Justice Martinez. Article V of the 1987 Constitution mandating Congress to devise a system for overseas absentee voting operates as an exception to the residence requirements as the members of the Constitutional Commission manifested a clear intent “to enfranchise as much as possible all Filipino citizens abroad who have not abandoned their domicile of origin. an absentee remains attached to his residence in the Philippines as residence is considered synonymous with domicile.” Contrary to the claim of petitioner.residence and domicile in law is that residence involves the intent to leave when the purpose for which the resident has taken up his abode ends. However. a person cannot be at the same time. it becomes his domicile. “there is no sense for the framers of the Constitution to mandate Congress to establish a system for absentee voting. unless. A person can only have a single domicile. The affidavit required in Section 5(d) is not only proof of the intention of the immigrant or permanent resident to go back and resume residence in the Philippines. Article V of the Constitution. thru our esteemed colleague. he successfully abandons his domicile in favor of another domicile of choice. rules that section 2. The same Commission has in effect declared that qualified Filipinos who are not in the Philippines may be allowed to vote even though they do not satisfy residency requirement in Section 1. If a person’s intent be to remain. (emphases ours) The majority further holds that if actual physical residence in the Philippines is required. SEPARATE OPINION OF JUSTICE PUNO The majority. both a resident and an absentee. it serves as an . but more significantly. under our election laws and the countless pronouncements of the Court pertaining to elections. if his intent is to leave as soon as his purpose is established it is residence. an absentee is not a resident and vice versa. for various reasons. which may be applied in construing constitutional provisions.
Angeles. Neither does it preclude the legislature from prescribing other grounds. Only the moment and act of filing are considered. Tenure may be shorter than the term or it may not exist at all. of filing a certificate of candidacy for another office constitutes an overt. is allowed to serve its unexpired portion. That the act. it is otherwise.L. it is not necessary. Thus. that the other position be . he is deemed to have voluntarily cut short his tenure. not his term.P. a case involving Section 27 of R. Events so enumerated in the constitution or statutes are merely conditions the occurrence of any one of which the office shall become vacant not as a penalty but simply as the legal effect of any one of the events.C. 180 above-quoted. 76 Phil 12). this Court categorically pronounced that "forfeiture (is) automatic and permanently effective upon the filing of the certificate of candidacy for another office. if any. because he is running for the same position. Blg.explicit expression that he had not in fact abandoned his domicile of origin. Once the certificate is filed. contemplated in Section 67. These situations will not change the duration of the term of office (see Topacio Nueno vs. The term remains and his successor. As the mere act of filing the certificate of candidacy for another office produces automatically the permanent forfeiture of the elective position being presently held. the seat is forever forfeited and nothing save a new election or appointment can restore the ousted official. In Monroy vs. 881.). Berge vs. the expression in the constitution of the circumstances which shall bring about a vacancy does not necessarily exclude all others. it is not correct to say that the execution of the affidavit under Section 5(d) violates the Constitution that proscribes “provisional registration or a promise by a voter to perform a condition to be qualified to vote in a political exercise. as petitioner opines. 2 Term vs Tenure Dimaporo vs Mitra The term of office prescribed by the Constitution may not be extended or shortened by the legislature (22 R. Lansing. No.A.” b. Under the questioned provision. but the period during which an officer actually holds the office (tenure) may be affected by circumstances within or beyond the power of said officer. in the case of State ex rel. when an elective official covered thereby files a certificate of candidacy for another office. concrete act of voluntary renunciation of the elective office presently being held is evident from this exchange between then Members of Parliament Arturo Tolentino and Jose Rono And in the other. Article IX of B. Court of Appeals.
16 (2) – The Senate shall elect its president and the house of representative its speaker. There is no need to expressly state the beginning of the term of office as this is understood to coincide with the effectivity of the Constitution upon its ratification (on February 02. Section 1 (2) of the 1987 Constitution that uniformly prescribed a seven-year term of office for Members of the Constitutional Commissions. Section 1 (2). The ground for forfeiture in Section 13. Section 1 (2) and Article IX (D)..P.actually held. Avelino. five and three years. without re-appointment. we considered the plain language of Article IX (B). [T]he term of an office must be distinguished from the tenure of the incumbent. 192. In no case shall any Member be appointed or designated in a temporary or acting capacity.. par. D. 83. Election of Officers d. there is a settled distinction between term and tenure. The tenure may be shorter than the term for reasons within or beyond the power of the incumbent. the political nature of the controversy (Alejandrino vs. 1) . by a majority vote of all its respective members. Article IX (C).1 Election of Officers Sec. 2 of Article VI of the Constitution. 46 Phil. which is actually a mode of voluntary renunciation of office under Section 7. and fixes the interval after which the several incumbents shall succeed one another. 1987). 1987 is the proper starting point of the terms of office of the first appointees to the Constitutional Commissions of a staggered 75-3 year terms. Mabanag vs. Article VI of the 1987 Constitution is different from the forfeiture decreed in Section 67. the court will be against the doctrine of separation of powers. Gaminde vs Mitra In the law of public officers. The term means the time during which the officer may claim to hold office as of right. Blg. Avelino vs Cuenco The Court has no jurisdiction of the case because the subject matter is political in nature and in doing so. To the first question. Vera vs. The term of office is not affected by the hold-over. Quezon. in view of the separation of powers. Each house shall choose such other officers as it may deem necessary. 78 Phil. The tenure represents the term during which the incumbent actually holds the office. 881. In concluding that February 02. Article IX of B. 77 Phil. and for the first appointees terms of seven. Lopez Vito. without re-appointment.. the answer is in the negative.
In fine. the said twelve senators who approved the resolutions herein involved could ratify all their acts and thereby place them beyond the shadow of a doubt. modification or waiver at the pleasure of the body adopting . A fortiori we should abstain in this case because the selection of the presiding officer affect only the Senators themselves who are at liberty at any time to choose their officers. change or reinstate them. shall not exceed thirty days. punish its members for disorderly behavior. The rights of persons appearing in or affected by such inquiries shall be respected. Avelino vs Cuenco It was held that there is a quorum that 12 being the majority of 23. when imposed. which power should not be interfered with. 3 Rules of proceedings Section 16.Each house may determine the rules of proceedings. 2 Qurom – a number sufficient to transact business. They are subject to revocation. A penalty for suspension. in order to avoid all controversy arising from the divergence of opinion here about quorum and for the benefit of all concerned. all the four justice agree that the Court being confronted with the practical situation that of the twenty three senators who may participate in the Senate deliberations in the days immediately after this decision. at most. twelve senators will support Senator Cuenco and. if. Arroyo vs de Venecia Rules of each House of Congress are hardly permanent in character. and with the concurrence of two thirds of all its members. We refused to take cognizance of the Vera case even if the rights of the electors of the suspended senators were alleged affected without any immediate remedy. by the judiciary. suspend or expel a member. d. as the petition must imply to be acceptable. d. the majority of the Senators want petitioner to preside. that office being essentially one that depends exclusively upon the will of the majority of the senators. . eleven will side with Senator Avelino. Section 21 –The senate or the House of Representatives or any of its respective committees may conduct inquiries in and of legislation in accordance with its duly published rules of procedure. his remedy lies in the Senate Session Hall — not in the Supreme Court.and the constitutional grant to the Senate of the power to elect its own president. nor taken over. the rule of the Senate about tenure of the President of that body being amenable at any time by that majority. it would be most injudicious to declare the latter as the rightful President of the Senate. And at any session hereafter held with thirteen or more senators. Anyway.
It is here only necessary to recall that under our system of government. To this extent. chose to transfer the dispute to the Court. In the case. The claim is not that there was no quorum but only that Rep. Arroyo was effectively prevented from questioning the presence of a quorum. punish its members for disorderly behavior. Alejandro vs Quezon There are certain basic principles which lie at the foundation of the Government of the Philippine Islands. The power to control is the power to abrogate and the power to abrogate is the power to usurp. Rep. Even its validity is open to question in a case where private rights are involved. Each department may. A penalty for suspension. to enforce the Constitution. 4 Discipline of Members Section 16. It is peculiarly the duty of the judiciary to say what the law is. The question of quorum cannot be raised repeatedly especially when the quorum is obviously present for the purpose of delaying the business of the House. Consequently. do the courts restrain the other departments. each of the three departments is distinct and not directly subject to the control of another department. Arroyo’s earlier motion to adjourn for lack of quorum had already been defeated. instead of seeking redress in the House. indirectly restrain the others. The courts must determine the validity of legislative enactments as well as the legality of all private and official acts. d. shall not exceed thirty days. Courts ordinarily have no concern with their observance. when imposed. as the roll call established the existence of a quorum. But this is subject to qualification. The matter complained of concerns a matter of internal procedure of the House with which the Court should not be concerned. the question presented is necessarily judicial in character. They may be waived or disregarded by the legislative body. no rights of private individuals are involved but only those of a member who. nevertheless. and to decide whether the proper constitutional sphere of a department has been transcended. Where the construction to be given to a rule affects person other than members of the legislative body.Each house may determine the rules of proceedings. suspend or expel a member. mere failure to conform to them does not have the effect of nullifying the act taken if the requisite number of members has agreed to a particular measure. which are familiar to students of public law. Conceding therefore that the power of the Senate to punish its members for disorderly behavior does not authorize it to suspend on .  . and with the concurrence of two thirds of all its members.them as they are primarily procedural.
xxx It would appear. For one thing. Sandiganbayan observed: “x x x It is not a penalty because it is not imposed as a result of judicial . 3019 has both legal and jurisprudential support.” Explaining the nature of the preventive suspension. for the all-conclusive reason that the Supreme Court does not possess the power of coercion to make the Philippine Senate take any particular action. yet the writ prayed for cannot issue. the Senators or Members of the House of Representatives shall not be questioned in any other place. it would have assumed appellate jurisdiction. But it does not protect him from responsibility before the legislative body itself whenever his words and conduct are considered by the latter disorderly or unbecoming a member thereof. who passes down the halls of legislation and of administration giving heed to those who have grievances against the Legislature and the Chief Executive. VI of the Constitution provides that for any speech or debate in Congress. and adjudication by the Courts. but also because the matter depends mainly on factual circumstances of which the House knows best but which can not be depicted in black and white for presentation to. The Constitution enshrines parliamentary immunity which is a fundamental privilege cherished in every legislative assembly of the democratic world. Art. If it be said that this conclusion leaves the petitioner without a remedy.appointive member from the exercise of his office for one year. to be a ministerial duty of the court to issue an order of suspension upon determination of the validity of the information filed before it. a querulous censor. conceding all this and more. 15 (now Sec. Osmena vs Pandatun Sec. indeed. the Court believes that the House of Representatives is the judge of what constitutes disorderly behavior. It would hardly be becoming for the judiciary to assume the role of either a credulous inquisitor. On the question whether delivery of speeches attacking the President constitutes disorderly conduct for which Osmena may be disciplined. Santiago vs Sandiganbayan The authority of the Sandiganbayan to order the preventive suspension of an incumbent public official charged with violation of the provisions of Republic Act No. which the Constitution never intended to confer upon a coordinate branch of the government. It guarantees the legislator complete freedom of expression without fear of being made responsible in criminal or civil actions before the courts or any other forum outside of the Congressional Hall. conceding what has been so well stated by the learned counsel for the petitioner. and there seems to be “no ifs and buts about it. if the Court assumed the power to determine whether Osmena’s conduct constituted disorderly behavior. the Court in the case of Bayot vs. 11). or a jaunty knight. not only because the Constitution has conferred jurisdiction upon it. the answer is that the judiciary is not the repository of all wisdom and all power. the court is bound to issue an order of suspension as a matter of course. Once the information is found to be sufficient in form and substance.
with the concurrence of two-thirds of all its Members. the Sandiganbayan merely adhered to the clear an unequivocal mandate of the law. 5 Journal and Congressional Records sec. the official concerned shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during suspension. 3019 is distinct from the power of Congress to discipline its own ranks under the Constitution which provides that each“x x x house may determine the rules of its proceedings.” The suspension contemplated in the above constitutional provision is a punitive measure that is imposed upon determination by the Senate or the house of Representatives. shall not exceed sixty days. The Court held that to go behind the enrolled bills which were already authenticated and to investigate the journals amounts to disregard of the respect due to the coequal and independent department of the state. as well as the jurisprudence in which the Court has. the frequent exercise of which must lead to confusion in the administration of the law. suspend or expel a Member. when imposed. upon an erring member. 16  – Mabanag vs Lopez Vito Petition is dismissed without cost. Power of Sandiganbayan to Decree Preventive Suspension vis-à-vis Congress’ Prerogative to Discipline its Members The pronouncement. A penalty of suspension. d. if acquitted. a very delicate power. upheld Sandiganbayan’s authority to decree the suspension of public officials and employees indicted before it.” In issuing the preventive suspension of petitioner. In fact. the Sandiganbayan did not err in thus decreeing the assailed preventive suspension order. The order of suspension prescribed by Republic Act No. 3019 does not exclude from its coverage the members of Congress and that. and. Duly certified copies shall be conclusive proof of the provisions of Acts and the due enactment thereof. more than once. punish its Members for disorderly behavior. as the case may be. xxx Republic Act No.proceedings. therefore. . behooved Sandiganbayan to discharge its mandated duty to forthwith issue the order of preventive suspension. and it would be an inquisition into the conduct of the members of the legislature. upholding the validity of the information filed against petitioner.
L-18684. 1. Macias vs. it is well settled that the enrolled bill — which uses the term "urea formaldehyde" instead of "urea and formaldehyde" — is conclusive upon the courts as regards the tenor of the measure passed by Congress and approved by the President (Primicias vs. on Elections. Comm. yeas and nays on 3rd and final reading. Morales vs Subido It is contended.5. 78 Phil. Petitioner’s argument that the attestation of the presiding officers of Congress is conclusive proof of a bill’s due enactment. 6 The case cited is inapposite of it does not involve a . Paredes. Absent such attestation as aresult of the disclaimer. 120. is neutralized by the fact that the Senate President declared his signature on the bill to be invalid and issued a subsequent clarification that the invalidation of his signature meant that the bill he had signed had never been approved by the Senate. 1961). The journal discloses that substantial and lengthy amendments were introduced on the floor and approved by the Senate but were not incorporated in the printed text sent to the President and signed by him. The Court declares that the bill was not duly enacted and therefore did not become a law. b Probative Value of Journal Us vs Pons See Bernas pp 744 d. the petitioner citing United States v. that in this jurisdiction the journals of the legislature have been declared conclusive upon the courts. however. d. not by judicial decree. all bills authenticated in the right manner. If there has been any mistake in the printing ofthe bill before it was certified by the officers of Congress and approved by the Executive — on which we cannot speculate. 61 Phil. as having passed Congress.5. Pons.sec. and consequently there being no enrolled bill to speak of. veto message of the president.27 c. the entries in the journal should be consulted. which requires the judicial department to accept. without jeopardizing the principle of separation of powers and undermining one of the cornerstones of our democratic system — the remedy is by amendment or curative legislation. Matters to be entered in a journal a. d.26 b. yeas and nays of repassing a vetoed bill [id] d.16 d.sec. C. September 14. Mabanag vs. Journal Entry rule vs enrolled bill theory astorga vs villegas The enrolled bill theory is based mainly on the respect due to coequal and independent departments.Casco vs Gimenez Furthermore. yeas and nays on any question upon request of 1/5 of members present – sec. by the respect due to a co-equal department of the government. 5. required. 118. it is said. Lopez Vito.
"the resultant evil might be slight as compared with that of altering the probative force and character of legislative records. and so imperfect on account of the treachery of memory. in view of the dissent of three Justices in Mabanag. 12 All we hold is that with respect to matters not expressly required to be entered on the journal. 118.nêt Thus in Mabanag the enrolled bill theory was adopted.lawphi1. 78 Phil. Lopez Vito. 9 was finally laid to rest by the unanimous decision in Casco Philippine Chemical Co. 8 and we there held that an enrolled bill "imports absolute verity and is binding on the courts". L18684. Comm. 1961). LopezVito. is a question which we do not now decide. on Elections. Mabanag vs." In answering in the negative this Court held that if the clock was in fact stopped. Macias vs. Paredes." 7 This Court "passed over the question" whether the enrolled bill was conclusive as to its contents and mode of passage. To what extent the validity of a legislative act may be affected by a failure to have such matters entered on the journal. 1. 10 Speaking for the Court. 1914 but after.discrepancy between an enrolled bill and the journal. Rather the issue tendered was whether evidence could be received to show that. September 14. Arroyo vs de Vencia . without jeopardizing the principle of separation of powers and undermining one of the cornerstones of our democratic system — the remedy is by amendment or curative legislation. If there has been any mistake in the printing of the bill before it was certified by the officers of Congress and approved by the Executive — on which we cannot speculate. Gimenez. not by judicial decree. the then Justice (now Chief Justice) Concepcion said: Furthermore it is well settled that the enrolled bill — which uses the term "urea formaldehyde" instead of "urea and formaldehyde" — is conclusive upon the courts as regards the tenor of the measure passed by Congress and approved by the President (Primicias vs. the enrolled bill prevails in the event of any discrepancy. the legislature did not adjourn at midnight of February 28. To be sure there are certain matters which the Constitution 11 expressly requires must be entered on the journal of each house. and that "the hands of the clock were stayed in order to enable the legislature to effect an adjournment apparently within the time fixed by the Governor's proclamation for the expiration of the special session. This Court held itself bound by an authenticated resolution despite the fact that the vote of three-fourths of the members of the Congress (as required by the Constitution to approve proposals for constitutional amendments) was not actually obtained on account of the suspension of some members of the House of Representative and the Senate. By what we have essayed above we are not of course to be understood as holding that in all cases the journals must yield to the enrolled bill. liable to loss by death or absence. It was not until 1947 that the question was presented Mabanao v. 120. Whatever doubt there might have been as to the status and force of the theory in the Philippines. contrary to the entries of the journals. and making the proof of legislative action depend upon uncertain oral evidence. v. 61 Phil.
and legal holidays. and legal holidays. 1. but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner. without the consent of the other. and under such penalties. Appropriations for the special election shall be charged against any current appropriations and shall be exempt from the requirements of paragraph 4. Sundays. special sessions Section 15. as such House may provide.Section 15. and until he transmits to . The Congress shall convene once every year on the fourth Monday of July for its regular session. enact a law calling for a special election to elect a President and a Vice-President to be held not earlier than forty-five days nor later than sixty days from the time of such call. Section 25. Regular sessions section 15 . sessions f. Section 26. Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office. The convening of the Congress cannot be suspended nor the special election postponed. The Congress shall. nor to any other place than that in which the two Houses shall be sitting. Article V1 of this Constitution. unless a different date is fixed by law. unless a different date is fixed by law. The bill calling such special election shall be deemed certified under paragraph 2. at ten o'clock in the morning of the third day after the vacancy in the offices of the President and Vice-President occurs. Article V1 of this Constitution and shall become law upon its approval on third reading by the Congress. exclusive of Saturdays. f. The President may call a special session at any time. The President may call a special session at any time.2. 7 secs 10 – 11 Section 10. Congressional Recorde section 16. par 2 (2) A majority of each House shall constitute a quorum to do business. 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. adjourn for more than three days. No special election shall be called if the vacancy occurs within eighteen months before the date of the next presidential election. 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. f. Section 16  . The Congress shall convene once every year on the fourth Monday of July for its regular session. Art.e. Sundays.(5) Neither House during the sessions of the Congress shall. convene in accordance with its rules without need of a call and within seven days. exclusive of Saturdays. Section 11.
The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date. f. determines by a twothirds vote of both Houses. If the Congress. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time. Section 4. in accordance with its rules and without need of call. within ten days after receipt of the last written declaration. their written declaration that the President is unable to discharge the powers and duties of his office. or. Unless otherwise provided by law. should a majority of all the Members of the Cabinet transmit within five days to the President of the Senate and to the Speaker of the House of Representatives. The President shall not be eligible for any reelection. otherwise. For that purpose. in an appropriate proceeding filed by any citizen. a. 3. that the President is unable to discharge the powers and duties of his office. . voting separately article vii. such powers and duties shall be discharged by the Vice-President as Acting President. the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof. if it is not in session. within twelve days after it is required to assemble. Whenever a majority of all the Members of the Cabinet transmit to the President of the Senate and to the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Article 7 section 18 par 3 The Supreme Court may review. Thereafter. voting separately. sec 4. he shall reassume the powers and duties of his office. and must promulgate its decision thereon within thirty days from its filing.3. six years thereafter. Joint sessions f. the Congress shall decide the issue. the regular election for President and VicePresident shall be held on the second Monday of May. No Vice-President shall serve for more than two successive terms. when the President transmits to the President of the Senate and to the Speaker of the House of Representatives his written declaration that no inability exists. Meanwhile.them a written declaration to the contrary. the Congress shall convene. the Vice-President shall act as President. the President shall continue exercising the powers and duties of his office. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected. the Vice-President shall immediately assume the powers and duties of the office as Acting President. if not in session. within forty-eight hours.
The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary. open all the certificates in the presence of the Senate and the House of Representatives in joint public session. this Constitution may be proposed by: (1) The Congress. canvass the votes. 11. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected.The returns of every election for President and Vice-President. sitting en banc. section Section 1. shall be the sole judge of all contests relating to the election. Art. Section 23. voting separately. within twelve days after it is required to assemble. the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress. returns. upon a vote of three-fourths of all its Members.Section 1. and qualifications of the President or Vice-President. voting jointly art. if not in session. Any amendment to. The Congress shall promulgate its rules for the canvassing of the certificates. directed to the President of the Senate. Section 9.  = If the Congress. invasion or rebellion. the President of the Senate shall. Xvii. the VicePresident shall act as President. one of them shall forthwith be chosen by the vote of a majority of all the Members of both Houses of the Congress. duly certified by the board of canvassers of each province or city. not later than thirty days after the day of the election. determines by a two-thirds vote of both Houses. b. and may promulgate its rules for the purpose. that the President is unable to discharge the powers and duties of his office. he may call out such armed forces to prevent or suppress lawless violence. or. voting separately. The Supreme Court.  . In case .3. shall be transmitted to the Congress. but in case two or more shall have an equal and highest number of votes. and the Congress. f. Vii section 18 Section 18. or revision of. the President shall continue exercising the powers and duties of his office. The person having the highest number of votes shall be proclaimed elected. or (2) A constitutional convention. The President shall address the Congress at the opening of its regular session. He may also appear before it at any other time. voting separately. within ten days after receipt of the last written declaration. upon determination of the authenticity and due execution thereof in the manner provided by law. Upon receipt of the certificates of canvass. otherwise.
During the suspension of the privilege of the writ of habeas corpus. he may. extend such proclamation or suspension for a period to be determined by the Congress. The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in. and must promulgate its decision thereon within thirty days from its filing. the President shall submit a report in person or in writing to the Congress. any person thus arrested or detained shall be judicially charged within three days. invasion. voting jointly. suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. A state of martial law does not suspend the operation of the Constitution. nor supplant the functioning of the civil courts or legislative assemblies. otherwise he shall be released. The Congress. in the same manner. the Congress may. shall. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus. if not in session. when the public safety requires it. within twenty-four hours following such proclamation or suspension. or directly connected with. if the invasion or rebellion shall persist and public safety requires it. The Congress. may revoke such proclamation or suspension. Upon the initiative of the President.of invasion or rebellion. convene in accordance with its rules without need of a call. in an appropriate proceeding filed by any citizen. by a vote of at least a majority of all its Members in regular or special session. nor automatically suspend the privilege of the writ of habeas corpus. . for a period not exceeding sixty days. the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof. which revocation shall not be set aside by the President. nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function. The Supreme Court may review.