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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.

Bicameralism vs Unicameralism
Bicameralism is:
1. an upper house is a body that looks at problems from the national perspective
and thus serves as a check on the parochial tendency of a body elected by
districts
2. bicameralism allows for a more careful study of legislation
3. bicameralism is less vulnerable to attempts of the executive to control the
legislature.

Unicameralism is :

1. the traditional grounds of simplicity and economy, and,


2. drawing from the recent experience with "people power," on the ground of
greater responsiveness to the needs of the masses because representatives,
3. senators without a fixed constituency, are forced to interact more intensely
with their limited and clearly identifiable constituencies

LEGISLATIVE POWER
-is the authority to make laws and to alter and repeal them. It is a derivative and
delegated power.

The legislature may NOT pass irrepealable laws because it may alter the very
constitution from which it derives its authority and may reduce the legislative
power of its successors.

Separation of Powers

-In essence, separation of powers means that legislation belongs to Congress,


execution to the executive, settlement of legal controversies to the judiciary. Each is
prevented from invading the domain of the others. But the separation is not total. The
system allows for "checks and balances" the net effect of which being that, in
general, no one department is able to act without the cooperation of at least one of
the other departments. Thus, for instance, legislation needs the final approval of the
President; the President cannot act against laws passed by Congress and must
obtain the concurrence of Congress to complete certain significant acts; money can
be released from the treasury only by authority of Congress. The Supreme Court can
declare acts of Congress or of the President unconstitutional.

Non-Delagativity of Legislative Power ("Delegata potestas non potest


delegari")
What cannot be delegated is the authority under the Constitution to make laws and
to alter and repeal them.

Exceptions of Delagativity
Local governments may be allowed to legislate on purely local matters. Local
legislative body has executive power, the rules applicable to the empowerment of
administrative agencies also becomes applicable to the local law-making body.
SEC 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.

Senate
Composition and Election

 24 Senators, what is the basis? Proponents of Bicameralism had argued


that smaller number of Senate suggested superior quality and that number
higher than 24 would tend to dilute the quality of the Senate.
 Can the number increased? The number can be changed only by
constitutional amendment and that the phrase "as may be provided by law"
has reference to the mechanics for electing the Senators at large and not to
the number of Senators.
 Why Senators are elected at large? To satisfy the desire that the Senate
look on problems from the national and not parochial perspective.

SEC. 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.

Qualification of Senators

(1) that the residence requirement is satisfied if one is domiciled in the Philippines
even if not physically present in the Philippines during the two-year period, and
(2) that the age qualification must be possessed on the day the votes are cast as
fixed by law and not on the day of proclamation.

SEC. 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 FOR WHICH HE WAS ELECTED.

Term of Senators
Why six years of term? The term of the Senators came out as part of a total
package which could facilitate synchronization of elections — six years for the
President, Vice President, and Senators, and three years for members of the House.

How about Re Election? (1) a sixyear term with an absolute bar against re-election,
(2) a six-year term with one immediate re-election, (3) a six-year term without
immediate re-election, and (4) a six-year term without limit on the possible number of
re-elections. Twenty-two voted for the second alternative which is now the second
paragraph of Section 4. Moreover, "[v]oluntary 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."

After expiration of 2nd term, the senator can run again after 3 years.

SEC. 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.

COMPOSITION OF HOUSE OF REPRESENTATIVE


Number of HOR depends on the population that is why the phrase “ unless otherwise
fixed by law” which can be done through reapportionment resulting in the creation of
new districts through the creation of provinces or through the creation of cities. Must
be done within 3 years in order to ensure the proportionality.

District Representatives
1. District representatives elected by districts and
2. Party representatives elected through the party-list system.
3. Sectoral Representative ( three consecutive only after the ratification of 1987
Constitution)

“They 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." The
underlying principle behind this rule for apportionment is the concept of equality of
representation which is a basic principle of republicanism.74 One man's vote should
carry as much weight as the vote of every other man. In a representative system,
this equality is ensured by requiring that the representatives represent as much as
possible an equal number of constituents. This can be achieved either by making
representatives represent districts of equal sizes in terms of inhabitants or by
requiring that larger representative districts should be entitled to more
representatives.

250,000 people is equal to 1 representative

APPORTIONMENT

1. The first basic rule, found in Section 5(1), is that the legislative districts shall
be "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."
2. The second rule, stated in Section 5(3), is that "Each legislative district shall
comprise, as far as practicable, contiguous, compact and adjacent territory."
Gerrymandering means the creation of representative districts out of
separate portions of territory in order to favor a candidate. This was also
prohibited under the 1935 Constitution. It should be noted, however, that the
requirement that representative districts should consist of "contiguous,
compact and adjacent territory" is qualified by the phrase "as far as
practicable."
3. A third rule, also found in Section 5(3) is that "Each city with a population of at
least two hundred fifty thousand, or each province, shall have at least one
representative."
4. The fourth rule, found in Section 5(4) says: "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." This
provision is intended to allow for correction of imbalances in representation
due to rise and movements of population. The frequency of reapportionment
will depend partly on the frequency of censuses.

Doctrine of Equal Representation


Sectoral Representation and Party List Representation

Sectoral representation is a necessity; especially in these times when the people are
giving the democratic process another chance, if not its last chance.

Under the party list system, every voter has two votes, so there is no discrimination.
First, he will vote for the representative of his legislative district. That is one vote. In
that same ballot, he will be asked: What party or organization or coalition do you
wish to be represented in the Assembly? And here will be attached a list of the
parties, organizations or coalitions that have been registered with the COMELEC
and are entitled to be put in that list. This can be a regional party, a sectoral party, a
national party, UNIDO, Magsasaka or a regional party in Mindanao.

R.A. No. 7941, was not to allow all associations to participate indiscriminately in the
system but to limit participation to parties or organizations representing the
"marginalized and underprivileged." The Court said: "The party-list system is a social
justice tool designed not only to give more law to the great masses of our people
who have less in life, but also to enable them to become veritable lawmakers
themselves, empowered to participate directly in the enactment of laws designed to
benefit them." For this purpose, the Court laid down guidelines for the COMELEC to
apply in deciding which organizations qualified. Among the guidelines was the
requirement that the parties or organizations must represent the marginalized and
underrepresented sector. The Court said that even political parties must comply with
this requirement.

SECTION 9. Qualifications of Party-List Nominees. — No person shall be


nominated as party-list representative unless he is a natural-bom citizen of the
Philippines, a registered voter, a resident of the Philippines for a period of not less
than one (1) year immediately preceding the day of the election, able to read and
write, a bona fide member of the party or organization which he seeks to represent
for at least ninety (90) days preceding the day of the election, and is at least twenty-
five (25) years of age on the day of the election. In case of a nominee of the youth
sector, he must at least be twenty-five (25) but not more than thirty (30) years of age
on the day of the election. Any youth sectoral representative who attains the age of
thirty (30) during his term shall be allowed to continue in office until the expiration of
his term.

SEC. 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.

Qualifications of district and party-list Representatives


A district representative must be a natural-born citizen of the Philippines, a
registered voter in the district in which he shall be elected, and a resident of that
district for a period of not less than one year immediately preceding the day of the
election. The qualifications must be possessed on the day of the election.

A party-list representative must possess the same qualifications except for the
exemption from the requirement of being a resident of a district for at least one year
immediately preceding the election. This is because a party-list representative does
not represent a district. It is understood, moreover, that implicit in this requirement is
that a party-list representative must be a registered voter and a resident of the
Philippines. However, as noted above, Ang Bagong Bayani seems to have amended
the Constitution by adding the requirement that party-list nominees "must represent
marginalized and underrepresented sectors."

SEC. 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.

Term of Office
The three-year term for Representatives was arrived at to facilitate synchronization
with the six-year term of the President, Vice-President and the Senators.
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." If one is elected Representative to serve the unexpired term of another, that
unexpired term, no matter how short, will be considered one term for the purpose of
computing the number of successive terms allowed.

SEC. 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.

SEC. 9. IN CASE OF VACANCY IN THE SENATE OR IN THE HOUSE OF


REPRESENTATIVES, A SPECIAL ELECTION MAY BE CALLED TO FILL SUCH
VACANCY IN THE MANNER PRESCRIBED BY LAW, BUT THE SENATOR OR
MEMBER OF THE HOUSE OF REPRESENTATIVES THUS ELECTED SHALL
SERVE ONLY FOR THE UNEXPIRED TERM.

Vacancies
Service of the unexpired term will be counted as one term for purposes of counting
the number of allowable successive terms. Note, moreover, that the holding of
special elections has not been made mandatory; and, if held, no set date is
prescribed for it. In the case of Senators, for instance, the special election for a
vacant seat could wait until the next triennial election for Senators.
Salary

SEC. 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.

The annual salary of the members of Congress has been initially fixed by Article
XVIII, Section 17 at two hundred four thousand pesos, and that of President of the
Senate and of the Speaker at two hundred forty thousand pesos.

Although the term of Representatives is only three years, the term of Senators is six
years. It is only after the expiration of the six-year term of Senators who approved
the increase that the increase in salary becomes effective.136 Moreover, the
retirement benefits of a legislator must be based on the salary in effect during his
term and not on the increased salary of the subsequent term.

Allowances

The 1935 Constitution allowed for traveling expenses of legislators but it said nothing
about office expenses for supplies and personnel. It is common knowledge,
however, that the old Congress was generous in providing for office expenses.

Privilege from Arrest

SEC. 11. A SENATOR OR MEMBER OF THE HOUSE OF REPRESENTATIVES


SHALL, IN ALL OFFENSES PUNISHABLE BV 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.

For offenses punishable by not more than six years imprisonment both civil and
criminal arrests.

When it comes to freedom from arrest, however, it would amount to the creation of a
privileged class, without justification in reason, if notwithstanding their liability for a
criminal offense, they would be considered immune during their attendance in
Congress and in going to and returning from the same. There is likely to be no
dissent from the proposition that a legislator or a delegate can perform his functions
efficiently and well, without the need for any transgression of the criminal law. Should
such an unfortunate event come to pass, he is to be treated like any other citizen
considering that there is a strong public interest in seeing to it that crime should not
go unpunished.

People v. Jalosjos1"1 ruled that Members of Congress are not exempt from
detention for crime. They may be arrested, even when the House is in session, for
crimes punishable by a penalty of more than six months. There is no basis
whatsoever for treating him or her differently from other convicts.

Parliamentary Freedom from Speech and Debate


Parliamentary immunity which is a fundamental privilege cherished in every
legislative assembly of the democratic world. Its purpose "is to enable and
encourage a representative of the public to discharge his public trust with firmness
and success" for "it is indispensably necessary that he should enjoy the fullest liberty
of speech, and that he should be protected from the resentment of every one,
however powerful, to whom the exercise of that liberty may occasion offense."149
Such immunity has come to this country from the practices of Parliament as
construed and applied by the Congress of the United States. Its extent and
application remain no longer in doubt in so far as related to the question before us. It
guarantees the legislator complete freedom of expression without fear of being made
responsible in criminal actions before the courts or any other forum outside of the
Congressional Hall. 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.

Financial and Business in interest

SEC. 12. ALL MEMBERS OF THE SENATE AND THE HOUSE OF


REPRESENTATIVES SHALL, UPON ASSUMPTION OF OFFICE, MAKE A FULL
DISCLOSURE OF THEIR FINANCIAL AND BUSINESS 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.

Disqualifications

SEC 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.

The prohibited offices include membership in the board of regents, board of trustees,
or board of directors of state universities and colleges. Since the prohibition is only
during his tenure, a legislator is not prevented from accepting an appointment.
However, if he chooses to accept another office, he automatically forfeits his seat in
Congress.

Under the 1935 and 1973 Constitutions, to come under this disqualification, two
conditions must concur: (1) the office must be civil; and (2) such office must have
been created or its emoluments increased "while he was a member" of the
legislature. Under the 1987 provision, the office need not be a civil one; it could be a
military office.

Prohibitions

SEC. 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.

Are intended to prevent members of Congress from taking advantage, pecuniary or


otherwise, of their position in their dealings with the courts, or in their business
operations, or in their dealings with any government agency or corporation

A lawyer legislator may not "personally appear as counsel before any court of
justice." This prohibition cannot be circumvented under the guise of appearing "in
intervention" in one's behalf.

Legislators are also prohibited from being '"directly or indirectly . .. 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." Thus, they cannot be members of the board of corporations with contract with
the government. Such would be at least indirect financial interest.

Sessions of Congress

SEC. 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.

The President is given the power to call a session and to specify subjects he wants
considered, but it does not empower him to prohibit consideration of other subjects.
After all, Congress, if it so wishes, may stay in regular session almost all year round.

 Officers of Congress
SEC. 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.

 Internal Rules and Discipline

"Each house may determine the rules of its proceedings, punish its members for
disorderly behavior, and, with the consent of two-thirds of all its Members, expel a
member." The 1973 counterpart modified the above rule by prescribing the number
of votes needed to impose a suspension and by limiting suspension to sixty days.
The 1987 provision follows that of 1973. In other respects, the 1935 provision has
been preserved; hence, jurisprudence prior to 1973, mutatis mutandis, still applies.

 Journals, Records

The duty to keep a journal has a dual purpose: (1) "to insure publicity to the
proceedings of the legislature, and a correspondent responsibility of the members to
their respective constituents,""7 and (2) to provide proof of what actually transpired in
the legislature.
The journal is usually an abbreviated account of the daily proceedings; the Record
contains a word for word transcript of the deliberations of Congress.

Enrolled BILL Rule


As the Court said in Casco Philippine Chemical Co. v. Gimenez:10* "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, 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, not by judicial decree."

 Recess

Both Houses may hold session practically all year round. They go on compulsory
recess thirty days before the opening of the next regular session. Each House may
also adjourn for a voluntary recess; but neither House may adjourn, without the
consent of the other, for more than three days nor to any place than that in which the
two Houses shall be sitting. This coordinative rule is necessary because the two
houses form only one legislative body.

ELECTORAL TRIBUNALS

SEC. 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 PARTYLIST SYSTEM
REPRESENTED THEREIN. THE SENIOR JUSTICE IN THE ELECTORAL
TRIBUNAL SHALL BE ITS CHAIRMAN.

COMPOSITIONS

The legislative part of the mix, however, departs from the 1935 rule which gave three
seats each to only the two political parties having the largest number of votes in each
House. The 1987 formula of proportional party representation reflects the
Constitution's desire to encourage the growth of a multi-party system. It should be
noted, however, that representation in the Electoral Tribunals is given to "political
parties and the parties or organizations registered under the party-list system." There
is no provision for the representation of sectors except in so far as they might be part
of the party-list system.

POWERS AND JURISDICTION

Act of the United States Congress of July 1,1902. The Act provided that "the
assembly shall be the judge of the elections, returns, and qualifications of its
members."
The effect of this modification was to emphasize the exclusive character of the
jurisdiction conferred upon each House.2'6 This exclusive grant of jurisdiction at
once effectively barred either House from interference with the judgment of the other
House and also completely removed the subject matter from the jurisdiction of the
courts in language that was "full, clear and complete.

In election contests, the jurisdiction of the COMELEC ends once a candidate has
been proclaimed and has taken his oath of office as a Member of Congress.
Jurisdiction then passes to the Electoral Tribunal of either the House or the Senate.
This is true even if there is allegation that the proclamation was invalid. The Tribunal
will decide that too.

Independence of the Electoral Tribunals

Although six members of the Electoral Tribunals are members of Congress, the
Tribunals themselves are not part of either House of Congress. They are
independent constitutional creations which have power to create their own rules238
and are not under the supervision or control of Congress

Electoral Tribunals are independent of the Commission on Elections. Hence, cases


before the Electoral Tribunal are governed not by the rules of procedure for election
controversies prescribed by the Commission on Elections but by the Tribunal's own
rules.241 But since the jurisdiction of Electoral Tribunals is over "election contests" in
the statutory sense, they do not have jurisdiction over pre-proclamation
controversies which come under the jurisdiction of the Commission on Elections

However, the Supreme Court is not totally excluded. Under Article VIII, Section 1,
judicial power includes the authority "to determine whether or not there has been a
grave abuse of discretion amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of the government

COMMISSION ON APPOINTMENTS

SEC. 18. THERE SHALL BE A COMMISSION ON APPOINTMENTS CONSISTING


OF THE PRESIDENT OF THE SENATE, AS EX-OFFIC10 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 WITHES THIRTY SESSION DAYS
OF THE CONGRESS FROM THEIR SUBMISSION. THE COMMISSION SHALL
RULE BY A MAJORITY VOTE OF ALL THE MEMBERS.
SEC. 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.

COMPOSITION
The Commission on Appointments consists of "the President of the Senate, as ex-
officious 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." With the Chairman, therefore, the total complement is
twentyfive, thus making it easier to allow for representation of more parties.

NATURE
As an independent body, it can promulgate its own rules253 and the Supreme Court
cannot pass upon the correctness of the interpretation placed by the Commission of
its own rules

FUNCTION
The function of the Commission on Appointments is to consent to or confirm
nominations or appointments submitted to it by the President pursuant to Article VII,
Section 16 which enumerates the appointments which need action by the
Commission on Appointments. The Commission is thus intended to serve as an
administrative check on the appointing authority of the President. The powers of the
Commission, however, can be abused. Hence, in order to lessen the possibility that
political vindictiveness might make the Commission freeze the confirmation of
unwanted nominees or allow one member to block the confirmation of a nominee,
the rule was added that the Commission shall act on all appointments submitted to it
within thirty session days of Congress from their submission and that the
Commission should rule by majority vote

LEGISLATIVE INVESTIGATION

SEC. 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 INCURRED FOR EACH
MEMBER.

SEC. 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

Although there is no provision in the [1935] Constitution expressly investing either


House of Congress with power to make investigations and exact testimony to the
end that it may exercise its legislative functions advisedly and effectively, such power
is so far incidental to the legislative function as to be implied. In other words, the
power of inquiry — with process to enforce it — is an essential and appropriate
auxiliary to the legislative function. A legislative body cannot legislate wisely or
effectively in the absence of information respecting the conditions which the
legislation is intended to affect or change; and where the legislative body does not
itself possess the requisite information — which is not infrequently true — recourse
must be had to others who do possess it.

Limitations on the power of legislative investigation: (1) it must be "in aid of


legislation"; (2) it must be "in accordance with its duly published rules of procedure;"
and (3) "The rights of persons appearing in or affected by such inquiries shall be
respected.

1. On the basis of this interpretation of what "in aid of legislation" means, it can
readily be seen that the phrase contributes practically nothing towards
protecting witnesses. Practically any investigation can be in aid of the broad
legislative power of Congress

2. When, however, the private rights of witnesses in an investigation are


involved, Section 21 now prescribes that Congress and its committees must
follow the "duly published rules of procedure." Moreover, Section 21 may also
be read as requiring that Congress must have "duly published rules of
procedure" for legislative investigations. Violation of these rules would be an
offense against due process.

3. The third limitation on legislative investigatory power is that "the rights of


persons appearing in or affected by such inquiries shall be respected." This is
just another way of saying that legislative investigations must be "subject to
the limitations placed by the Constitution on governmental action."276 And
since all governmental action must be exercised subject to constitutional
limitations, principally found in the Bill of Rights, this third limitation really
creates no new constitutional right. But it emphasizes such fundamentals as
the right against self incrimination and unreasonable searches and seizures
and the right to demand, under due process, that Congress observe its own
rules.

DECLARATION OF EXISTENCE OF STATE OF WAR

1973 Constitution, gives to Congress, in joint session assembled and voting


separately, "the sole power to declare the existence of a state of war."

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
promulgate rules and regulations to carry out a declared national policy

Two limits on the emergency powers.

1. It can be given only "for a limited period." If Congress does not set a limit, the
provision adds: "Unless sooner withdrawn by resolution of the Congress, such
powers shall cease upon the next adjournment thereof."
2. The emergency powers are subject to such restrictions as the Congress may
provide. Thus, the emergency powers can be as narrow or as broad as the
Congress may make them.

ORIGIN OF APPROPRIATION BILLS, REVENUE, TARIFF BILLS, AND BILLS OF


LOCAL APPLICATION
LIMITS ON POWER TO APPROPRIATE

SEC. 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.

An appropriation bill is one whose purpose is to set aside a sum of money for public
use. Only appropriation bills in the strict sense of the word are comprehended by the
provision; bills for other purposes which incidentally set aside money for that purpose
are not included.

Similarly revenue or tariff bills are those which are strictly for the raising of revenues;
bills for other purposes which incidentally create revenue are not comprehended.

Bills of local application are those whose reach is limited to specific localities, such
for instance as the creation of a town. Private bills are those which affect private
persons, such for instance as a bill granting citizenship to a specific foreigner.

The theory behind the rule requiring that these originate in the House of
Representatives is that district Representatives are closer to the pulse of the people
than senators are and are therefore in a better position to determine both the extent
of the legal burden they are capable of bearing and the benefits that they need.

PROHIBITION OF INCREASE IN PROHIBITION

SEC 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 BELL 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.

The provision that "No money shall be paid out of the Treasury except in pursuance
of an appropriation made by law" is a limit not on the power of Congress but on the
disbursing authority of the executive department.

1. "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

2. "The Congress may not increase the appropriations recommended by the


President for the operation of the Government as specified in the budget

3. The Congress may not clutter the general appropriation law with provisions
not specifically related to some particular item of appropriation, and every
such provision shall be limited in its operation to the appropriation item to
which it relates

4. Fourth, Congress may not adopt a procedure for approving appropriations for
itself different from the procedure for other appropriations.312
5. Fifth, special appropriation bills must specify the purpose for which they are
intended and must be supported by funds certified as available by the
National Treasurer. If the funds are not actually available, the special
appropriation bill must provide a corresponding revenue proposal.313

6. Sixth, Congress has limited discretion to authorize transfer of funds.314

7. Seventh, "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." This is a new
provision intended to prevent abuse in the use of discretionary funds.

8. Eighth, Congress cannot cripple the operation of government by its failure or


refusal to pass a general appropriations bill. Section 25(7) provides for
automatic re-enactment of the general appropriations law of the preceding
fiscal year. Such "reappropriation" remains in force until the new general
appropriations law is approved.

9. Ninth, Section 29(2) prohibits the expenditure of public money or property for
religious purposes. The scope of this prohibition is discussed under the
religion clause of the Bill of Rights.

10. Finally, the general appropriation law must be based on the budget prepared
by the President.315 This is discussed under Article VII.

PROHIBITION OF INCREASE

"The Congress may not increase the appropriations recommended by the President
for the operation of the Government as specified in the budget." This text is different
from Article VI, Section 19(1) of the 1935 Constitution which said in part: "The
Congress may not increase the appropriations recommended by the President for
the operation of the Government as specified in the Budget, except the
appropriations for the Congress and the Judicial Department."

"Is there no prohibition to increase the presidential budget? The historic practice is
that the presidential budget may be decreased but not increased." He explained that
this historic prohibition was intended to prevent big budget deficits. For this reason,
Commissioner Natividad hinted that he would propose an amendment to incorporate
the prohibition explicitly.

PROHIBITION OF “RIDERS” IN APPROPRIATION BILL

Provisions unrelated to the appropriation bill are considered prohibited "riders." Thus,
a provision on the reversion of reserved officers into active duty which was inserted
in the Appropriation Act of 19561957 was found to be unrelated to any provision in
the appropriation act and therefore unconstitutional
TRANSFER OF FUNDS
The rule on the transfer of funds says: "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."

The President shall have the authority to transfer any fund, appropriated for the
different departments, bureaus, offices and agencies of the Executive Department,
which are included in the General Appropriations Act, to any program, project or
activity of any department, bureau, or office included in the General Appropriations
Act or approved after its enactment

Commenting on the constitutional text, the Court said that the provision is intended
"to afford the heads of the different branches of the government and those of the
constitutional commissions considerable flexibility in the use of public funds and
resources" but that the leeway granted was limited. "The purpose of augmenting an
item and such transfer may be made only if there are savings from another item in
the appropriation of the government branch or constitutional body."

PUBLIC PURPOSE

If the purpose of the appropriation is one for which a tax may be collected, the
appropriation is legitimate. Put differently, "The test of the constitutionality of a
statute requiring the use of public funds is whether the statute is designed to
promote the public interest, as opposed to the furtherance of the advantage of
individuals, although such advantage to individuals might incidentally serve the
public.

BILLS

SEC. 26. (1) EVERY BILL PASSED BY THE CONGRESS SHALL EMBRACE ONLY
ONE SUBJECT WHICH SHALL BE EXPRESSED IN THE TITLE THEREOF.

(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.

1. Subject and title of bills: general prohibition of "riders."

The requirement that "Every bill shall embrace only one subject which shall be
expressed in the title thereof is mandatory and not directory and compliance with it is
essential to the validity of legislation
2. Three readings.

In order to ensure a more thorough study of the bills, Section 26(2), copying the text
of Article VIII, Section 19(2) of the 1973 Constitution, not only requires that there be
three separate readings but also that the separate readings be on "separate days"
and that printed copies of the bill in its final form should be distributed three days
before its passage. The only exception to the rule is when the President certifies to
the necessity of its immediate enactment. The effect of the certification by the
President is to dispense from the requirement that the readings be on separate days
and that the bill be printed in its final form and distributed three days before third
reading.

No bill shall be passed by either House unless it shall have been printed and copies
thereof in its final form furnished its Members at least three calendar days prior to its
passage, except when the President shall have certified to the necessity of its
immediate enactment."

SEC. 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 TWO-THIRDS OF ALL
THE MEMBERS OF THAT HOUSE, n 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 THE
VETO SHALL NOT AFFECT THE ITEM OR ITEMS TO WHICH HE DOES NOT
OBJECT.

1. Passage of bills.

Two steps are required before a bill finally becomes a law. First, it must be approved
by both Houses of Congress. The legislative action required of Congress is a
positive act; there is no enactment of law by legislative inaction.351 The votes of the
members of Congress may be obtained viva voce. However, there are instances
when a roll call vote is required and individual members must vote with a yea or a
nay. Such roll call vote is required
(1) upon the last and third readings of a bill ;
(2) at the request of one-fifth of the Members present ; and
(3) in re-passing a bill over the veto of the President.

Second, it must be approved by the President. Approval by the President may be by


positive act or by inaction. If the President does not act on the bill within thirty days
after the receipt of the bill, the bill automatically becomes law.

"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."

The final approval of a bill, however, does not make it immediately effective. Tanada
v. Tuvera™ has made it very clear that laws become effective only after adequate
publication. Tanada involved the interpretation of Article 2 of the Civil Code which
says: "Laws shall take effect after fifteen days following the completion of their
publication in the Official Gazette, unless it is otherwise provided...." The Court said
that the phrase "unless it is otherwise provided" refers "to the date of effectivity and
not to the requirement of publication itself, which cannot in any event be omitted.
This clause does not mean that the legislature may make the law effective
immediately upon approval, or on any other date, without its previous publication."

2.The "conference committee," consisting of members nominated from both


Houses, is an extra-constitutional creation of Congress whose function is to propose
to Congress ways of reconciling conflicting provisions found in the Senate version
and in the House version of a bill.

3. Veto power; 'item veto."


In the veto power the Constitution has given to the President an instrument of control
over legislation completed by Congress. But Congress may override a presidential
veto by a vote of two-thirds of all its members. The Constitution says: "If [the
President] 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 two-thirds of all the Members of that
House, it shall become a law."
As a general rule, if the President disapproves of a provision in a bill approved by
Congress, he should veto the entire bill. He is not allowed to veto separate parts of a
bill while retaining others. It is only in the case of appropriation, revenue, and tariff
bills that he is authorized to exercise item-veto.

4. The new "doctrine of inappropriate provisions."


Gonzales v. Macaraig, Jr.,313 marks the Court's acceptance of what eventually
would be referred to as the "doctrine of inappropriate provisions." What the doctrine
says is that a provision that is constitutionally inappropriate for an appropriation bill
may be singled out for veto even if it is not an appropriation or revenue "item."
The Bolinao Electronics case cited above involved a provision that was related to
items of an appropriation bill. The veto of the provision could be allowed but only if
the items to which it was related would also be vetoed. In effect, the cited 1935
provision was a subsidiary rule to the rule that only items may be vetoed separately
in an appropriation bill. It was not a rule saying that separable provisions which are
not "items" could be vetoed separately from the entire bill. The proper remedy in a
case of a provision that has no relation to any other in the appropriation bill is to
consider it an unconstitutional "rider" under Section 25(2)
In Philippine Constitution Association v. Enriquez,™ the Court reiterated its view that
the President possesses the power to veto a provision in an appropriation bill even if
it is not an item. This time, however, the Court argued not from the omitted 1935
provision on item veto but from what it called "the doctrine of 'inappropriate
provisions.
As the Constitution is explicit that the provision which Congress can include in an
appropriations bill must "relate specifically to some particular appropriation therein"
and "be limited in its operation to the appropriation to which it relates," it follows that
any provision which does not relate to any particular item, or which extends in its
operation beyond an item of appropriation, is considered "an inappropriate provision"
which can be vetoed separately from an item. Also to be included in the category of
"inappropriate provisions" are unconstitutional provisions and provisions which are
intended to amend other laws, because clearly these kind of laws have no place in
an appropriation bill. These are matters of general legislation more appropriately
dealt with in separate enactments.
The intent behind this doctrine, is to prevent the legislature from forcing the
President to veto an entire appropriation law thereby paralyzing government.

What all this comes down to is that under the new doctrine of "inappropriate
provisions," any provision or condition in an appropriation bill which in the judgment
of the President violates the Constitution may be vetoed separately from the entire
bill without need to veto the appropriation to which they are attached. This is a judge-
made rule which expands the "item veto" rule so much debated in 1935. It expands
the power of the President because admittedly it is more expeditious than forcing the
President to go to court to challenge the validity of a provision in an appropriation bill.
5. Executive 'impoundment."
Another way of exercising executive veto is through what is called "impoundment."
Impoundment simply means refusal of the President to spend funds already
allocated by Congress for a specific purpose. There is no provision in the
Constitution on the subject. Impoundment came up also in Philippine Constitution
Association v. Enriquez. To the amount appropriated by Congress for the
compensation and separation benefits of members of CAFGU was attached a
provision that "it shall be used for the compensation of CAFGU's including the
payment of their separation benefit not exceeding one (1) year subsistence
allowance for the 11,000 members who will be deactivated in 1994."37' The
President did not veto the provision but said instead in his veto message that the
implementation of the provision would be subject to his prior approval taking into
consideration the peace and order situation in the affected localities.
1. Power of taxation: scope and purpose.
"The Congress shall have the power to lay and collect taxes, duties, imposts and
excises, to pay the debts and provide for the common defense and general welfare
of the United States.
The extent of the taxing power is as broad as the purpose for which it is given. The
power to tax is given in order for government to be able "to pay the debts and
provide for the common defense and general welfare...." When one considers the
broad scope of "general welfare," as it is understood in the jurisprudence on police
power and the power of eminent domain, one can easily see the almost endless
uses to which the power to tax can be put by government.
a) The obvious primary and specific purpose of the power to tax is to raise
revenue.
b) The power to tax has been recognized as an instrument of national economic
and social policy.
c) The power to tax has also been used as a tool for regulation. For the purpose
of regulating property the state can choose to exercise either its police power
or its power to tax
d) "The power to keep alive."390 This is the foundation for the imposition of
tariffs designed for the encouragement and protection of locally produced
goods against competition from imports.
2. Limitations on the power to tax.
1. Should be exercise only for a public purpose
2. Must be exercised with the utmost extreme caution.
3. Specific limits on the taxing power: "uniform and equitable.
Philippine rule derived has reference to "duties, imposts, and excises," that is, to
indirect taxes, the Philippine requirement of uniformity applies to taxation in general.
Philippine jurisprudence, however, from its earliest days has interpreted "uniformity"
in the Philippine Constitution in the same way as "uniformity" in the American
Constitution.
Uniformity of taxation simply means that 1) the standards that are used therefore are
substantial and not arbitrary, (2) the categorization is germane to achieve the
legislative purpose, (3) the law applies, all things being equal, to both present and
future conditions, and (4) the classification applies equally well to all those belonging
to the same class.

4. Progressive system of taxation.


A tax is progressive when the rate increases as the tax base increases. The second
sentence of Section 28(1) commands Congress to "evolve a progressive system of
taxation." This is not to say that, absent this provision, the Congress cannot adopt a
progressive system of taxation. The existing system of income taxation, in fact, is
progressive and there was nothing in the old law which could prevent the legislature
from adopting a progressive system of taxation.406 The explicit mention of
progressive taxation in this provision reflects the wish of the Convention that the
legislature, following the social justice command, should use the power of taxation as
an instrument for a more equitable distribution of wealth.
5. Delegated tax legislation.
As already seen, Congress may not delegate its law-making authority. This rule,
however, is not absolute and one exception to it is that the power may be delegated
in the instances where the Constitution itself specifically authorizes the delegation.
One such instance of allowable delegation is what is provided for in Section 28(2):
"The Congress may, by law, authorize the President to fix within specified limits, and
subject to such limitations and restrictions is it may impose, tariff rates, import and
export quotas, tonnage and wharf age dues, and other duties or imposts within the
framework of the national development program of the Philippines."
TAX EXEMPTION
The exemption in favor of property used exclusively for charitable or educational
purposes is "not limited to property actually indispensable" therefore, but extends to
facilities which are "incidental to and reasonably necessary for" the accomplishment
of said purposes, such as, in the case of hospitals, "a school for training nurses, a
nurses' home, property used to provide housing facilities for interns, resident doctors,
superintendents, and other members of the hospital staff, and recreational facilities
for student nurses, interns and residents," such as "athletic fields," including "a farm
used for the inmates of the institution."
SEC. 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, DT ANY,
SHALL BE TRANSFERRED TO THE GENERAL FUNDS OF THE GOVERNMENT.
1. Fiscal powers of Congress.
The power of the purse comprehends both the power to generate money for the
government by taxation and the power to spend it.
The spending power of Congress is stated in Section 29 "No money shall be paid out
of the Treasury except in pursuance of an appropriation made by law." Congress
alone can authorize the expenditure of public funds through its power to appropriate.
The power to appropriate carries with it the power to specify not just the amount that
may be spent but also the purpose for which it may be spent.
2. Special funds.
Section 29(3) is new. It says: "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." This is
intended to prevent abuse in the disposition of special funds.
The fundamental rule is that tax proceeds may only be used for a public purpose,
which may either be a general public purpose to support the existence of the state or
a special public purpose to pursue certain legitimate objects of government in the
exercise of police power, and none other. As a measure to ensure the proper
utilization of money collected for a specified public purpose, the 1987 Constitution,
restating another general principle, treats the proceeds as a special fund to be paid
out for such purpose. If, however, that purpose has been fulfilled or is no longer
forthcoming, the balance, if any, shall then be transferred to the general funds of the
government, which may thereafter be appropriated by Congress and expended for
any legitimate purpose within the scope of the general fund.
SEC. 30. No LAW SHALL BE PASSED INCREASING THE APPELLATE
JURISDICTION OF THE SUPREME COURT AS PROVIDED IN THIS
CONSTITUTION WITHOUT ITS ADVICE AND CONCURRENCE
1. Appellate jurisdiction of the Supreme Court.
Section 30 is a response to the concern that the Supreme Court might be swamped
with jurisdictional concerns which might inhibit it from an expeditious disposition of
important cases. Section 30 does not prohibit Congress from increasing the
jurisdiction of the Supreme Court but simply prescribes that any such increase
should be with the advice and concurrence of the Court. Thus, Art. 82 of the
Omnibus Investment Code of 1987 granting the right of appeal to the Supreme Court
was invalidated because it was passed without the advice and concurrence of the
Supreme Court.434
SEC. 31. No LAW GRANTING A TITLE OF ROYALTY OR NOBILITY SHALL BE
ENACTED.
1. Titles of royalty or nobility.
SEC. 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.

1. Initiative and referendum.


This has been initially discussed under Section 1. When this subject was being
considered by the 1986 Constitutional Commission, one major objection to it was the
matter of practicality and practicableness. The Commission, however, felt that
Congress could wrestle with the problem of implementation.436
The current implementing law is R.A. No. 6735 some of the details of which are:
Sec. 5. Requirements. — (a) To exercise the power of initiative or referendum, at
least ten per centum (10%) of the total number of the registered voters, of which
every legislative district is represented by at least three per centum (3%) of the
registered voters thereof, shall sign a petition for the purpose and register the same
with the Commission.
(c) The petition shall state the following:
1. contents or text of the proposed law sought to be enacted, approved or
rejected, amended or repealed, as the case may be;
2. the proposition;
3. the reason or reasons therefor;
4. that it is not one of the exceptions provided herein;
5. signatures of the petitioners or registered voters; and
6. an abstract or summary in not more than one hundred (100) words
which shall be legibly written or printed at the top of every page of the
petition.

Sec. 6. Special Registration. — The Commission on Election shall set a special


registration day at least three (3) weeks before a scheduled initiative or referendum.
Sec. 7. Verification of Signatures. — The Election Registrar shall verify the
signatures on the basis of the registry list of voters, voters' affidavits and voters
identification cards used in the immediately preceding election.
Sec. 8. Conduct and Date of Initiative or Referendum. — The Commission shall call
and supervise the conduct of initiative or referendum.
Within a period of thirty (30) days from receipt of the petition, the Commission shall,
upon determining the sufficiency of the petition, publish the same in Filipino and
English at least twice in newspapers of general and local circulation and set the date
of the initiative or referendum which shall not be earlier than fortyfive (45) days but
not later than ninety (90) days from the determination by the Commission of the
sufficiency of the petition.
Sec. 9. Effectivity of Initiative or Referendum Proposition. — (a) The Proposition of
the enactment, approval, amendment or rejection of a national law shall be
submitted to and approved by a majority of the votes cast by all the registered voters
of the Philippines.
If, as certified to by the Commission, the proposition is approved by a y the
Commission, the proposition to reject a national law is approved by a majority of the
votes cast, the said national law shall be deemed repealed and the repeal shall
become effective fifteen (15) days following the completion of publication of the
proposition and the certification by the Commission in the Official Gazette or in
newspaper of general circulation in the Philippines.
However, if the majority vote is not obtained, the national law sought to be rejected
or amended shall remain in full force and effect.
(c) A national or local initiative proposition approved by majority of the votes cast in
an election called for the purpose shall become effective fifteen (15) days after
certification and proclamation by the Commission.
.32 ART. VI - THE LEGISLATIVE DEPARTMENT
Sec. 10. Prohibited Measures. — The following cannot be the subject of an initiative
or referendum petition:
(a) No petition embracing more than one (1) subject shall be submitted to the
electorate; and
(b) Statutes involving emergency measures, the enactment of which are specifically
vested in Congress by the Constitution, cannot be subject to referendum until ninety
(90) days after its effectivity.