II.
LEGISLATIVE DEPARTMENT
THE LEGISLATIVE POWER
Legislative power is the power to propose,
enact, amend, and repeal laws. It is vested in the
Congress, except to the extent reserved to the people
by the provision on initiative and referendum.
System of initiative and referendum
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 10% of the total
number of registered voters, of which every
legislative district must be represented by at least 3%
of registered voters thereof. (Sec. 32. Art. VI)
In compliance with the constitutional
mandate, Congress passed R.A. No. 6735 (An Act
Providing for a System of Initiative
Referendum).
Initiative
Initiative is the power of the people to
propose amendments to the Constitution or to
propose and enact legislation through an election
called for the purpose. The following are the three (3)
systems of initiative:
 Initiative on the Constitution – which
refers to a petition proposing
amendments to the Constitution;
 Initiative on statutes – which refers to a
petition proposing to enact a national
legislation; and
 Initiative on local legislation – refers to
a petition proposing to enact a regional,
provincial, city, municipal or barangay
law, resolution or ordinance.
Note: An “indirect initiative” is the exercise
of initiative by the people through a proposition sent
to Congress or local legislative body for action.
Referendum
Referendum is the power of the electorate to
approve or reject legislation through an election
called for the purpose. Referendum may be had on
statutes (which refers to a petition to approve or
reject an act or law, or part thereof, passed by
Congress) and a referendum on local laws (which
refers to a petition to approve or reject a law,
resolution or ordinance enacted by regional
assemblies and local legislative bodies). (Sec. 2[c]
and R.A. 6735)
No petition embracing more than 1 subject
shall be submitted to the electorate; and statutes
involving emergency measures, the enactment of
which is specifically vested in the Congress by the
Constitution, cannot be subject to referendum until
90 days after their effectivity. (Sec. 10, R.A. 6735)
Note: Not less than 2,000 registered voters
in case of autonomous regions, 1,000 in case of
provinces and cities, 100 in case of municipalities,
and 50 in case of barangays, may file a petition with
the Regional Assembly or local legislative body,
respectively, proposing the adoption, enactment,
repeal, or amendment, of any law, ordinance, or
resolution. (Sec. 13, R.A. 6735)
Limitations on local initiative:
 The local initiative shall not
exercised more than once a year;
 Initiative shall extend only to subjects
or matters which are within the legal
powers of the local legislative bodies to
enact; and
 If at any time before the initiative is
held, the local legislative body shall
adopt in toto the proposition presented,
the initiative shall be cancelled.
Composition of Congress – a Senate and a
House of Representatives. Note: This exemplifies
“bicameralism”.
THE SENATE
There shall be 24 senators elected at large by
the qualified voters of the Philippines.
Qualifications of a Senator:
 Natural-born citizen of the Philippines;
 On the day of the election, at least 35
years of age;
 Able to read and write;
 A registered voter; and
 A resident of the Philippines for not less
than 2 years immediately preceding the
day of the election.
Term of office
The term of office shall be 6 years,
commencing at noon on the 30th day of June next
following their election. (Sec. 4, Art. VI)
No Senator shall serve for more than 2
be consecutive terms. Voluntary renunciation of 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 elected.
THE HOUSE OF REPRESENTATIVES
The House shall be composed of not more
than 250 members, unless otherwise provided by law,
consisting of:
 District representatives – elected from
legislative districts apportioned among
the provinces, cities and the
Metropolitan Manila area.
 Party-list representatives (who shall
constitute 20% of the total number of
representatives, elected through a party-
list system of registered national,
regional, and sectoral parties or
organizations).
 Sectoral representatives – for 3
consecutive terms after the ratification
of the Constitution, ½ 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. Note:
Until a law is passed, the President may
fill by appointment from a list of
nominees by the respective sectors the
 seats reserved for
representation. (Sec. 7, Art. XVIII,
Constitution) These appointments shall
be subject to confirmation by the
Commission on Appointments.
(Quintos-Deles vs. Committee
Constitutional Commissions)
Apportionment of legislative districts
Apportionment shall be made in accordance
with the number of respective inhabitants, on the
basis of a uniform and progressive ration. But:
 Each city with not less than 250,000
inhabitants shall be entitled to at least
one (1) representative; and
 Each province, irrespective of number
of inhabitants, is entitled to at least 1
representative.
 Each legislative district shall comprise,
as far as practicable,
compact and adjacent territory. Note:
This is intended to
gerrymandering.
 Congress shall make reapportionment
of legislative districts within 3 years
following the return of every census.
Other matters:
 Reapportionment of legislative districts
may be made through a special law.
(Tobias vs. Abalos)
 Congress cannot validly delegate to the
ARMM Regional Assembly the power
to create legislative districts. nothing in
Sec. 20, Article X of the Constitution
authorizes autonomous
sectoral expressly or impliedly, to create or
reapportion legislative districts.
Qualifications of a Member of the House of
Representatives:
on  Natural-born Filipino citizen;
 On the day of the election, at least 25
years of age;
 Able to read and write; and
 (Note: Except party-list representatives)
A registered voter in the district in
which he shall be elected; and
 A resident thereof for not less than 1
year immediately preceding the day of
the election.
Term of office
The term of office shall be 3 years,
commencing at noon on the 30th day of June next
contiguous, following their election. He shall not serve more than
3 consecutive terms. (Sec. 7, Art. VI)
prevent
THE PARTY-LIST SYSETM
The Party-List System is a mechanism of
proportional representation in the election of
representatives to the House of Representatives from
national, regional and sectoral parties or
organizations or coalitions thereof registered with the
COMELEC.
Definition of terms:
 Party – either a political or sectoral
party, or a coalition of parties.
 Political party – an organized group of
regions, citizens advocating an ideology or
 platform, principles and policies for the
general conduct of government and
which, as the most immediate means of
securing their adoption, regularly
nominates and supports certain of its
leaders and members as candidates for
public office.
o National party – when its
constituency is spread over the
geographical territory of at
least a majority of the regions.
o Regional party – when its
constituency is spread over the
geographical territory of at
least a majority of the cities
and provinces comprising the
region.
 Sectoral party – an organized group of
citizens belonging to any of the
following sectors: labor, peasant,
fisherfolk, urban poor, indigenous
cultural communities, elderly,
handicapped, women, youth, veterans,
overseas workers and professionals,
whose principal advocacy pertains to
the special interest and concerns of their
sector.
 Sectoral organization – a group of
citizens or a coalition of groups of
citizens who share similar physical
attributes or characteristics,
employment, interests or concerns.
 Coalition – refers to an aggrupation of
duly registered national, regional,
sectoral parties or organizations for
political and/or election purposes.
Registration
Any organized group of persons may
register as a party, organization or coalition for
purposes of the party-list system by filing with the
COMELEC not later than 90 days before the election
a petition verified by its president or secretary stating
its desire to participate in the party-list system as a
national, regional or sectoral party, organization, or
coalition.
Any party, organization or coalition already
registered with the COMELEC need not register
anew, but shall file with the COMELEC not later
than 90 days before the election a manifestation of its
desire to participate in the party-list system.
Grounds for refusal and/or cancellation of
registration:
 It is a religious sect or denomination,
organization or association organized
for religious purposes;
 It advocates violence or unlawful means
to seek its goal;
 It is a foreign party or organization;
 It is receiving support from any foreign
government, foreign political party,
foundation, organization, whether
directly or through any of its officers or
members, or indirectly through third
parties, for partisan election purposes;
 It violates or fails to comply with laws,
rules or regulations relating to elections;
 It declares untruthful statements in its
petition;
 It has ceased to exist for at least 1 year;
and
  It fails to participate in the last 2
preceding elections, or fails to obtain at
least 2% of the votes cast under the
party-list system in the 2 preceding
elections for the constituency in which
it has registered.
Nomination of party-list representatives
Each registered party, organization or
coalition shall submit to the COMELEC not later
than 45 days before the election a list of names, not
less than 5, from which party-list representatives
shall be chosen in case it obtains the required number
of votes. Note: A person may be nominated in one
list only. Only persons who have given their consent
in writing may be named in the list.
The list shall not include any candidate for
any elective office or a person who has lost his bid
for an elective office in the immediately preceding
election.
No change shall be allowed after the list
shall have been submitted to the COMELEC except
in cases where the nominee dies, or withdraws in
writing his nomination, becomes incapacitated, in
which case the name of the substitute nominee shall
be placed last in the list.
Qualifications of party-list nominees:
 Natural-born citizen of the Philippines;
 A registered voter;
 A resident of the Philippines for at least
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 90 days preceding
the day of the election; and
 At least 25 years of age on the day of
the election. Note: For the youth sector,
he must be at least 25 years of age but
not more than 30 years of age on the
day of the election. Any youth
representative who attains the age of 30
during his term shall be allowed to
continue in office until the expiration of
his term.
Manner of voting
Every voter shall be entitled to 2 votes: the
first is a vote for the candidate for member of the
House of Representatives (or House); and second, a
vote for the party, organization or collation he wants
represented in the House.
Rules in seat allocations:
 The party-list representatives shall
constitute 20% of the total number of
the members of the House including
those under the party-list.
 The parties, organizations and coalitions
shall be ranked from the highest to the
lowest based on the number of votes
garnered during the elections.
 The parties, organizations and coalitions
receiving at least 2% of the total votes
cast for the party-list system shall be
entitled to one-seat each; provided that
those garnering more than 2% of the
votes shall be entitled to additional seats
in proportion to their total number of
votes.
  Each party, organization or coalition  The party must not be an adjunct of an
shall be entitled to not more than 3 entity or project funded by the
seats. government;
 The party and its nominees must
The formula for allocating additional seats: comply with the requirements of the
law;
 The nominee must also represent a
Additional seats = (Votes cast for QF*/Votes cast marginalized or under-represented
for FP**) x Alloted seats for FP sector; and
 The nominee must be able to contribute
*QP is “Qualified Party” to the formulation and enactment of
**FP is “First Party” appropriate legislation that will benefit
the nation.
Note: This formula was used by the Supreme Court
in Ang Bagong Bayani – OFW Labor Party vs. Other matters:
COMELEC.  Party-list representatives are proclaimed
by the COMELEC based on the list of
names submitted by the respective
In Ang Bagong Bayani – OFW Labor Party parties, organizations or coalitions to
vs. COMELEC, the Supreme Court said that even if the COMELEC according to their
major political parties are allowed by the Constitution ranking in the list.
to participate in the party-list system, they must  Effect of change of affiliation – any
show, however, that they represent the interests of the elected party-list representative who
marginalized and under-represented. changes his political party or sectoral
affiliation during his term of office shall
The guidelines for entitlement of seats in the house: forfeit his seat; provided that if he
 A political party must represent changes his political party or sectoral
marginalized and under-represented affiliation within 6 months before an
sectors; election, he shall not be eligible for
 Major political parties must comply nomination as party-list representative
with this statutory policy; under his new party or organization.
 The party must be subject to the express  Vacancy – it shall be filled by the next
constitutional prohibition against representative from the list of nominees
religious sects; in the order submitted to the
 The party must not be disqualified COMELEC by the same party,
under R.A. 7941; organization or coalition who shall
serve for the unexpired term. If the list
 is exhausted, the party, organization or Privilege of speech and of debate
collation concerned shall submit
additional nominees. No Member shall be questioned no be held
 Term of office – it shall be elected for a liable in any other place for any speech or debate in
term of 3 years, and shall be entitled to the Congress or in any committee thereof.
the same salaries and emoluments as Parliamentary Freedom of Speech cannot
regular members of the House. be invoked when the lawmaker’s speech or
utterance is made outside sessions, hearings or
ELECTION AND SALARIES debates in Congress, extraneous to the “due
functioning of the legislative process”. To
Election participate in or respond to media interviews is not an
official function of any lawmaker. (Trillanes vs.
Regular – on the second Monday of May, Castillo-Marigomen)
unless otherwise provided by law. (Sec. 8, Art. VI)
DISQUALIFICATION / INHIBITIONS /
Salaries PROHIBITIONS

The salaries of Senators and Members of the The following are the disqualifications and
House of Representatives shall be determined by law. inhibitions:
No increase in said compensation shall take effect  Incompatible office (Sec. 13, Art. VI).
until after the expiration of the full term of all  Forbidden office (Sec. 13, Art. VI).
members of the Senate and the House of  Personally appearing as counsel and
Representatives approving such increase. financial interest in any contract,
franchise or privilege granted by
PRIVILEDGES government (Sec. 14, Art. VI).
 Full disclosure of financial and business
The following are the privileges: interests (Sec. 12, Art. VI).
 Freedom from arrest.
 Privilege of speech and debate. Incompatible office

Freedom from arrest No Senator or Member of the House of

A Senator or Member of the House of
Representatives shall, in all offenses punishable by
not more than 6 years imprisonment, be privileged
from arrest while the Congress is in session.
Representatives may hold any other office or
employment in the Government, or any subdivision,
agency, or instrumentality thereof, including GOCCs
or their subsidiaries during his term without forfeiting
his seat.
 Forfeiture of the seat in Congress shall be
automatic upon the member’s assumption of such
other office deemed incompatible with his seat in
Congress. (Adaza vs. Pacana) Note: However, no
forfeiture shall take place if the member of Congress
holds the other government office in an ex officio
capacity (e.g. membership in the Board of Regents of
the UP, or Chairman of the Committee on Education
in the Senate).
Forbidden office
Neither shall he (Senator or Member of the
House) be appointed to any office which may have
been created or the emoluments thereof increased
during the term for which he was elected.
Personally appearing as counsel and financial interest
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 or 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 GOCC 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.
Full disclosure of financial and business interests
Upon assumption of office, he must make a
full disclosure of financial and business interests. He
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. (Sec.
12, Art. VI)
Sessions:
 Regular – Congress shall convene once
every year on the 4th Monday of July,
unless a different date is fixed by law,
and shall continue for such number of
days as it may determine until 30 days
before the opening of its next regular
session, exclusive of Saturdays,
Sundays, and legal holidays. (Sec. 15,
Art. VI)
 Special – the President may call a
special session at any time. (Sec. 15,
Art. VI) Note: This is usually to
consider legislative measures which the
President may designate in his call.
Joint sessions:
 Voting separately:
o Choosing the President (Sec. 4,
Art. VII).
o Determine the President’s
disability (Sec. 11, Art. VII).
o Confirming the nomination of
the Vice President (Sec. 9, Art.
VII).
o Declaring the existence of a
state of war (Sec. 23, Art. VI).
o Proposing constitutional
amendments (Sec. 1, Art.
XVII).
  Voting jointly – to revoke or extend
proclamation suspending the privilege
of the writ of habeas corpus or placing
the Philippines under martial law. (Sec.
18, Art. VII)
Other matters:
 Adjournment – Neither House during
the sessions of the Congress shall,
without the consent of the other,
adjourn for more than 3 days, nor to any
other place than that in which the 2
Houses shall be sitting. (Sec. 16[5], Art.
VI)
 Officers – Senate shall elect its
President, and the House shall elect its
Speaker, by a majority vote of all its
respective members. Each House shall
choose such other officers as it may
deem necessary.
 Each House may determine the rules of
its proceedings.
DISCIPLINE OF MEMBERS
Each House may punish its members for
disorderly behavior, and with the concurrence of 2/3
of all its members, suspend (for not more than 60
days) or expel a member. Note: The determination of
“disorderly behavior” is within the full discretionary
authority of the House, hence, a political question.
Preventive suspension in the Anti-Graft and
Corrupt Practices Act (R.A. No. 3019) is not a
penalty, but a preliminary preventive measure.
Hence, the order of suspension by the court pursuant
to the said law is not an encroachment upon the
power of Congress.
RECORDS, BOOKS, LEGISLATIVE
JOURNAL, AND CONGRESSIONAL RECORD
Records and books of accounts shall be
preserved and open to the public in accordance with
law. Books shall be audited by COA which shall
publish annually an itemized lits of amounts paid to
and expenses incurred for each member. (Sec. 20,
Art. VI)
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 1/5 of the Members
present, be entered in the Journal. Each House shall
also keep a Record of its proceedings. (Sec. 16[4],
Art. VI)
Matters which are to be entered in the Journal:
 Yeas and nays on third and final reading
of a bill;
 Veto message of the President;
 Yeas and nays on the repassing of a bill
vetoed by the President; and
 Yeas and nays on any question at the
request of 1/5 of members present.
Enrolled Bill Theory
An “enrolled bill” is one duly introduced
and finally passed by both Houses, authenticated by
the proper officers of each, and approved by the
President. The enrolled bill is conclusive upon the
courts as regards the tenor of the measure passed by
Congress and approved by the President. Note: If a
mistake was made in the printing of the bill before it
was certified by Congress and approved by the
President, the remedy is amendment or corrective certiorari filed under Rule 65. (Pena vs. House of
legislation, and not a judicial decree. Representatives)

ELECTORAL TRIBUNALS COMMISSION ON APPOINTMENTS

Composition of either Senate Electoral Composition:

Tribunal (SET) or House of Representatives Electoral  Senate President (as ex officio
Tribunal (HRET): Chairman). Note: He shall not vote,
 Three (3) Supreme Court Justices. Note: except in case of a tie.
The Senior Justice shall be its  12 Senators; elected on the basis of
Chairman. proportional representation from the
 Six (6) members of the House chosen political parties registered under the
on the basis of proportional party-list system represented therein.
representation from the political parties  12 Members of the House; elected on
registered under the party-list system the basis of proportional representation
represented therein. from the political parties registered
under the party-list system represented
Power of electoral tribunals (SET or HRET) therein.

They shall be the sole judge of all contests Powers:

relating to the election, returns and qualifications of  To act on all appointments submitted to
their respective members. it within 30 session days of Congress
The HRET [or even SET] may assume from their submission.
jurisdiction only after the winning candidate who is a  The power to rule by a majority vote of
party to the election controversy shall have been duly its members.
proclaimed, has taken his oath of office and has  To meet only while Congress is in
assumed the functions of the office, because it is only ession, at the call of its Chairman or a
then that he is said to be a member of the House. majority of all its members.
Note: This time, the COMELEC’s jurisdiction over  The power to promulgate its own rules
the election contest relating to election, returns, and or proceedings.
qualifications ends, and the HRET’s [or SET’s]
jurisdiction begins. (Aquino vs. COMELEC; Powers of Congress:
Vinzons-Chato vs. COMELEC; Guerrero vs.  General [plenary] legislative power.
COMELEC).
 Power of appropriation.
The Electoral Tribunal’s decisions may be
 Power of taxation.
reviewed by the Supreme Court in a petition for
 Power of legislative investigation (and o Nominations made by the
with this power, rests the power to President under Sec. 16, Art.
punish contempt). VII, confirmed by Commission
 Question hour. on Appointments.
 War powers – by a vote of 2/3 of both  Power of impeachment.
Houses in joint session assembled,  Power relative to natural resources.
voting separately, declare the existence  Power to propose amendments to the
of a state of war. (Sec. 23[1], Art. VI) Constitution.
 Power to act as Board of Canvassers in
election of President. a. Legislative power
 Power to call a special election for
President and Vice President. Legislative power is the power to propose,
 Power to judge a President’s physical enact, amend and repeal laws.
fitness to discharge the functions of
presidency. Procedural limitations on exercise of legislative

 Power to revoke or extend suspension power:

of the privilege of the writ of habeas  Only one (1) subject to be expressed in
corpus or declaration of martial law. the title thereof – It was held that the

 Power to concur in Presidential title is not required to be an index of the

amnesties. Note: Concurrence must be contents of the bill. It is sufficient

majority of all members of Congress. compliance if the title expresses the

 Power to concur in treaties or general subject, and all the provisions of

international agreements. Note: the statute are germane to that subject.

Concurrence of at least 23 of all the  Three (3) readings on separate days –

members of the Senate. Printed copies of bill in its final form

 Power to confirm certain distributed to Members 3 days before its

appointments/nominations made by the passage, except when the President

President. certifies to its immediate enactment to

o Nomination made by the meet a public calamity or emergency

President in the event of a upon last reading, no amendment

vacancy in the Office of Vice allowed, and vote thereon taken

President, from among the immediately and yeas and nays entered

members of Congress, into the Journal.

confirmed by a majority vote

of all the Members of both Legislative process, requirements as to bills:

Houses of Congress, voting  Only 1 subject to be expressed in the

separately. title thereof.

  Appropriation, revenue or tariff bills, When a bill becomes a law:
bills authorizing increase of public debt,  When the President approves and signs
bills of local application, and private it.
bills shall originate exclusively in the  When Congress overrides the
House of Representatives. (Sec. 24, Art. Presidential veto. Note: The veto is
VI) Note: It is important to emphasize overridden upon a vote of 2/3 of all
that it is not the law, but the bill, which members of the House of origin and the
is required to originate from the House, other House.
because the bill may undergo extensive o No pocket veto.
changes in the Senate that the result o Partial veto is generally
may be a rewriting of the whole. invalid, but is allowed only for
o NF: To insist that a revenue particular items in an
statute, not just the bill, must appropriation, revenue, or
be substantially the same as the tariff bill. The President cannot
House bill would be to deny veto part of an item in an
the Senate’s power not only to appropriation bill while
concur with amendments but approving the remaiing portion
also to propose amendments. It of the item.
would violate the coequality of o Legislative veto – it is a means
legislative power of the Senate. whereby the legislature can
block or modify administrative
Well-settled jurisprudence: action taken under a statute. It
 A legislative act will not be declared is a legislative control in the
invalid for non-compliance with the implementation of a particular
internal rules of the House. (Arroyo vs. executive action. It can be
De Venecia) negative (subjecting the
 Presidential certification dispensed with executive action to disapproval
the requirement of printing, distribution, by Congress) or affirmative
and reading of the bill on separate days. (requiring approval of the
(Tolentino vs. Secretary of Finance) executive action by Congress).
 The Bicameral Conference Committee’s  When the President fails to act upon the
jurisdiction is not limited to resolving bill for thirty (30) days from receipt
differences between the Senate and thereof, the bill shall become a law as if
House versions of the bill. It may he had signed it. (Sec. 27[1], Art. VI)
propose a new provision. (Philippine
Judges Association vs. Prado) b. Power of appropriation
 The spending power, called “the power of
purse” belongs to Congress, subject only to the veto
power of the President. The power of appropriation
carries with it the power to specify the project or
activity to be funded under the appropriation law. It
can be as detailed and as broad as Congress wants it
to be. (Philconsa vs. Enriquez)
No money shall be paid out of the Treasury
except in pursuance of an appropriation made by law.
(Sec. 29[1], Art. VI)
Classifications of appropriation:
 General appropriation law – this is
passed annually, and intended to
provide for the financial operations of
the entire government during 1 fiscal
period.
 Special appropriation law – designed
for a specific purpose.
Other matters:
 Appropriation must be devoted to a
public purpose. (Pascual vs. Secretary
of Public Works and Communications)
 The sum authorized to be released must
be determinate, or at least determinable.
Note: The Supreme Court upheld the
constitutionality of the automatic
appropriation for debt service under the
1990 General Appropriations Act.
Although the decrees do not state the
specific amounts to be paid, the
amounts nevertheless are made certain
by the legislative parameters provided
in the decrees. The madate is to pay
only the principal, interest, taxes and
other normal banking charges when
they shall become due. No uncertainty
arises in executive implementation as
the limit will be the exact amounts as
shown by the books in the Treasury.
(Guingona vs. Carague)
Constitutional limitations on special appropriation
measures:
 Must specify the public purpose for
which the sum is intended.
 Must be supported by funds actually
available as certified to by the National
Treasurer, or to be raised by a
corresponding revenue proposal
included therein.
Constitutional limits on general appropriations law:
 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.
 No provision or enactment shall be
embraced 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.
Prohibition against transfer of appropriations
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 appropriation law for their respective
offices from savings in other items of their respective
appropriations. (Sec. 25[5], Art. VI; See Demetria vs.
Alba)
A Special Provision in the 1994 GAA which
allows a member of Congress to realign his allocation
for operation expenses to any other expense category
was declared valid by the Supreme Court, holding
that members of Congress only determine the
necessity of the realignment of savings in the
allotments for their operational expenses because
they are in the best position to do so. However, it is
the Senate President or House Speaker who shall
approve the realignment. (Philconsa vs. Enriquez)
Prohibition against appropriation for sectarian benefit
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.
(Sec. 29[2], Art. VI; See Aglipay vs. Ruiz)
Automatic reappropriation
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 Congress. (Sec. 25[7], Art. VI)
Other matters:
 Impoundment – it is the refusal by the
President for whatever reason to spend
funds made available by Congress.
 The Budget Secretary is authorized by
law (Sec. 37 of the Administrative
Code) to establish reserves against
appropriations to provide for
contingencies and emergencies which
may arise during the year.
c. Power of taxation
Rule of taxation shall be uniform and
equitable. Congress shall evolve a progressive system
of taxation.
Charitable institutions, and all lands,
building and improvements actually, directly and
exclusively used for religious, charitable or
educational purposes shall be exempt from taxation.
All revenues and assets of non-stock, non-
profit educational institutions used actually, directly
and exclusively for educational purposes shall be
exempt from taxes and duties.
Law granting tax exemption shall be passed
only with the concurrence of the majority of all
members of Congress.
d. Power of legislative investigation
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 The heads of departments may upon their
shall be respected. (Sec. 21, Art. VI) own initiative, with the consent of the President, or
Executive Order No. 1 issued by President upon the request of either House, as the rules of each
Aquino (which provides that members of the PCGG House shall provide, appear before and be heard by
shall not be required to testify or produce evidence in such house on any matter pertaining to their
any judicial, legislative or administrative departments.
proceedings) was deemed repugnant to the Written questions shall be submitted to the
Constitution since a mere statute cannot limit a Senate President or House Speaker at least 3 days
constitutionally-granted power of Congress. It before their scheduled appearance. Interpellations
violates as well Sec. 1 of Article XI of the shall not be limited to written questions, but may
Constitution which states that “public office is a cover matters related thereto.
public trust” as it goes against the grain of public When the security of the State or the public
accountability and places PCGG members and staff interest so requires, the appearance shall be
beyond the reach of courts, Congress, and other conducted in executive session.
administrative bodies. (Miguel vs. Gordon)
The mere filing of a criminal or Question hour vs. in aid of legislation:
administrative complaint before a court or quasi-  In question hour, the Congress may
judicial body should not automatically bar the only request the appearance of
conduct of legislative inquiry. (Standard Chartered department heads. Note: Hence, the
Bank vs. Senate Committee on Banks) requirement for Cabinet Members to
secure Presidential consent under Sec. 1
Matters regarding rights of persons appearing: of E.O. 464 (which is limited only to
 The right of the people to access appearances in the question hour) is
information on matters of public valid on its face.
concern generally prevails over the right  However, in proceedings in aid of
to the privacy of ordinary financial legislation when the inquiry in which
transactions. (Standard Chartered Bank Congress requires their appearance, the
vs. Senate Committee on Banks) appearance is mandatory. The only way
 The inquiry does not violate the for department heads to exempt
petitioner’s right against self- themselves is by a valid claim of
incrimination since they are not being executive privilege. (Senate vs. Ermita)
indicted as accused in a criminal
proceeding but as mere resource
persons or witnesses. (Standard
Chartered Bank, supra)

e. Question hour (Sec. 22, Art. VI)