Chapter 9: Powers of Congress
POWERS OF CONGRESS
 Legislative Powers
- Specific powers of (1) appropriation, (2)
taxation, and (3) expropriation
 Non-legislative Powers
- Power to canvass presidential elections
- Declare the existence of a state of war
- Give concurrence to treaties and amnesties
- Propose constitutional amendments
- Impeach
These powers are expressly conferred by the
Constitution. From some express powers may be derived
some implied powers (Doctrine of Implication)
 Implied Powers
- Punish contempt in legislative investigations
 Inherent Powers
- Determinations of its rules of proceedings
- Discipline of its members
LEGISLATIVE POWER IN GENERAL
 Legislative Power
- Is the power of lawmaking, the framing and
enactment of laws, affected through the
adoption of a bill. It is “peculiar within the
province of Legislature.”
 Bill
- A proposed or projected law, which once
approved, becomes a statute.
 Statute
- “is the written will of the legislature,
solemnly expressed according to the forms
necessary to constitute it as a law of the
state.”
Neither Martial Law nor a state of emergency can justify
the President’s exercise of legislative power by issuing
decrees.
 The power to make laws includes the power to
alter and repeal them.
 Which should prevail, executive agreements or
statutes?
- Gonzales v. Hechanova, [the Executive] may
not defeat legislative enactments by
indirectly repealing the same through an
executive agreement providing for the
performance of the very act prohibited by
such laws.
 Datu Michael Abas Kida v Senate of the
Philippines, subsequent laws that do not change
or revise any provision in an earlier law, and
which merely fill in gaps or supplement said
earlier law, cannot be considered as
amendments of the latter.
 League of Cities of the Philippines v COMELEC,
“the legislative body possesses plenary powers
for all purposes of civil government. Any power,
deemed legislative by usage and tradition, is
necessarily possessed by Congress, unless the
Constitution has lodged it elsewhere.”
 Power to Grant Immunity from Prosecution
- “the exclusive power of Congress to define
crimes and their nature and to provide for
their punishment concomitantly carries the
power to immunize certain persons from
prosecution to facilitate the attainment of
state interests, among them, solution and
prosecution of crimes with high political,
social and economic impact. In the exercise
of this power, Congress possesses broad
discretion and can lay down the conditions
and the extent of the immunity to be
granted.”
 Limitations of Powers of Congress (examples)
- Cannot provide for the holdover of elective
officers if the same would go beyond their
terms, as fixed in the Constitution.
- Cannot create a new term and effectively
appoint the occupant of the position for the
new ter.
- Cannot grant legislative franchise for the
operation of public utilities which shall be
exclusive in character and which shall not
be subject to amendment or repeal when
the common good so requires.
 Datu Michael Abas Kida, “where the legislature,
by its own act, attempts to limit its power to
amend or repeal laws, the Court has the duty to
strike down such act for interfering with the
plenary powers of Congress”
 Statutes can be given retroactive effect when
the law itself so expressly provides; in case of:
- remedial statutes
- curative statutes
- laws interpreting others
- laws creating new rights
PROCEDURE
A bill is introduced by any member of the House of
Representatives or the Senate except for some measures
that must originate only in the former chamber.
(1) First Reading
- involves only a reading of the number and title of the
measure and its referral by the Senate President or the
Speaker to the proper committee for study.
(Referral to the proper committee) The bill may
be “killed” in the committee or it may be recommended
for approval, with or without amendments, sometimes
 Chapter 9: Powers of Congress
after public hearings are first held. If there are other bills
of the same nature or purpose, they may all be
consolidated into one bill under common authorship or
as a committee bill. Once reported out, the bill shall be
calendared for second reading.
(2) Second Reading
- the bill is read in its entirety, scrutinized, debated upon
and amended when desired. The second stage is the
most important stage in the passage of the bill.
(Debates) A general debate is then opened after
the Second Reading and sponsorship speech of the
author of the bill. The House may either “kill” or pass the
bill.
The bill as approved is printed in its final form
and copies thereof are distributed at least 3 days before
the Third Reading.
(3) Third Reading
- The members merely register their votes and explain
them if they are allowed by the rules. No further debate
is allowed.
Once it passes the third reading, the bill is sent
to the other chamber, where it will undergo the 3
readings. If there are differences between the versions
approved by the two chambers, a Conference
Committee representing both Houses will draft a
compromise measure that, if ratified by both, will then
be submitted to the President for his consideration.
ORIGIN OF BILLS
 Section 24, Article VI of the Constitution
Bills that should be instituted by the House of
Representatives:
 Appropriation Bill
- Is one the primary and specific purpose of
which is to authorize the release of funds
from the public treasury.
 Revenue Bill
- One that levies taxes and raises funds for
the government.
 Tariff Bill
- Specifies the rates or duties to be imposed
on imported articles.
 Bill Increasing Public Debt
- Illustrated by one floating bonds for public
subscription redeemable after a certain
period.
 Bill of Local Application
- One involving purely local or municipal
matters, like a charter of a city.
 Private Bill
- Illustrated by a bill granting honorary
citizenship to a distinguished foreigner.
The above listed should be initiated only by the House of
Representatives because its members are presumed to
be more familiar with the needs of the country in regard
to the enactment of the legislation involved.
The Senate is, however, allowed much leeway in the
exercise of its power to propose or concur with
amendments to the bills initiated by the House of
Representatives.
 Amendment by Substitution
- May be introduced by the Senate; may
entirely replace the bill initiated in the
House of Representatives.
- Tolentino vs Secretary of Finance
PROHIBITIVE MEASURES
 Section 31, Article VI of the 1987 Constitution:
the purpose of this provision is to preserve the
republican and democratic nature of our society
by prohibiting the creation of privileged classes
with special perquisites not available to the rest
of the citizenry.
 Section 30, Article VI of the 1987 Constitution:
the purpose is to prevent further additions to
the present tremendous case load of the
Supreme Court which includes the backlog of
the past two decades. In meritorious cases,
however, such legislation may be enacted
provided the Supreme Court itself is consulted
and gives its concurrence.
TITLE OF BILLS
 Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the
title thereof.
PURPOSE:
(1) To prevent hodgepodge or log-rolling legislation
which means “any act containing several subjects
dealing with unrelated matters representing diverse
interests, the main object of such combination being
to unite the members of the legislature who favor
any one of the subjects in support of the whole act.
(2) To prevent surprise of fraud upon the legislature.
(3) To fairly appraise the people, through such
publications of its proceedings as are usually made, f
the subjects of legislation that are being considered
in order that they may have the opportunity of
 Chapter 9: Powers of Congress
being heard thereon, by petition or otherwise, if
they should so desire.
Cases: Lidasan v. Commission on Elections,
PHILCONSA v. Gimenez
The Title need not be a complete catalogue of a bill.
BANAT v. COMELEC, the “requirement is satisfied if the
title is comprehensive enough to include subjects related
to the general purpose which the statute seeks to
achieve; a title which declares a statute to be an act to
amend a specified code is sufficient and the precise
nature of the amendatory act need not be further
stated.”
FORMALITIES
 Section 26(2), Article VI of the 1987
Constitution
 The Certificate of Urgency can be issued only
for the purpose of meeting a public calamity or
emergency. In the absence of such justification,
bills must comply with the said requirements
prior to their final reading.
The determination by the President as to the
existence of a “punlic calamity” or “emergency”
constitutes essentially a political question.
 The Constitution provides that the bill calling for
a special election “after the vacancy in the
offices of the President and Vice-President shall
be deemed certified.”
 CONFERENCE COMMITTEE
- Composed of representatives from the
Senate and the House of Representatives,
which is a “mechanism for compromising
differences” between their respective
versions of the bill or joint resolution.
(See the VAT Case) It has been ruled that “it
is within the power of a conference committee
to include in its report an entirely new provision
that is not found either in the House bill or in the
Senate bill.”
Whatever changes may be agreed upon by
the Conference Committee need not undergo
another “three readings” in the Senate and the
House of Representatives.
“Art 26(2) must be construed as referring
only to bills introduced for the first time in
either house of Congress, not to the conference
committee report.”
APPROVAL OF BILLS
 Section 27, Article VI of the 1987 Constitution
 Three (3) Methods for a bill to become a law:
(1) When the President signs it;
(2) When the President vetoes it but the veto is
overridden by two-thirds vote of all the
members of each House; and
(3) When the President does not act upon the
measure within thirty days after it shall have
been presented to him.
 Presidential Veto
- President may disapprove or veto a
measure upon any ground sufficient for
him, as where he considers it
unconstitutional or merely inefficacious or
unwise.
Veto Message – the President, in
returning the measure to the House of
origin, should indicate his objections so
that the same can be studied by the
members for possible overriding of his
veto.
The Congress may agree with the
President’s objections and decide to revise the measures
as he suggests.
 Is partial veto allowed under the Constitution?
YES. But only for appropriation, revenue, and
tariff bills. (item veto)
 Bill approved through legislative inaction: Bar
Flunkers Bill
 The 30-day period during which the bill is
supposed to be considered by the President is
now counted from the date of its receipt by him.
 Rule on Presentment
- “every bill passed by Congress must be
presented to the President for approval or
veto. In the absence of presentment to the
President, no bill passed by Congress can
become a law. In this sense, law-making
under the Constitution is a joint act of the
Legislature and Executive.”
 From the moment the law becomes effective,
any provision of law that empowers Congress or
any of its members to play any role in the
implementation or enforcement of the law
violates the principle of separation of powers
and is thus unconstitutional.
 Legislative Veto is violative of the principle of
separation of powers.
 Congressional Oversight (Macalintal v.
COMELEC)
- Embraces all activities undertaken by
Congress to enhance its understanding of
and influence over the implementation of
legislation it has enacted.
 Chapter 9: Powers of Congress
- Post enactment measures:
(a) to monitor bureaucratic compliance with
program objectives;
(b) to determine whether agencies are
properly administered;
(c) to eliminate executive waste and
dishonesty;
(d) to prevent executive usurpation of
legislative authority; and
(e) to assess executive conformity with the
congressional perception of public interest.
“The power of oversight has been held to be intrinsic in
the grant of legislative power itself and integral to the
checks and balances inherent in a democratic system of
government.”
 Categories of Congressional Oversight:
- Congressional SCRUTINY implies a lesser
intensity and continuity of attention to
administrative corporations. It’s primary
purpose is to determine economy and
efficiency of the operation of government
activites.
- Congressional INVESTIGATION involves a
more intense digging of facts. The power of
Congress to conduct investigation is
recognized by the 1987 Constitution (sec 21,
Art 6)
- Legislative SUPERVISION connotes a
continuing and informed awareness on the
part of a congressional committee regarding
executive operations in a given
administrative area. This allows Congress to
scrutinize the exercise of delegated law-
making authority, and permits the Congress
to retain part of that delegated authority.
Congress exercises supervision over the
executive agencies through its veto
power.
 Legislative veto
- require the President or an agency to
present the proposed implementing rules
and regulations of a law to Congress, which
retains a “right” to approve or disapprove
any regulation before it takes effect.
 Supporters of legislative veto stress that it is
necessary to maintain the balance of power
between the legislative and the executive
branches of the government as it offers
lawmakers a way to delegate vast power to the
executive branch or to independent agencies
while retaining the option to cancel particular
exercise of such power without having to pass
new legislation or to repeal existing law.
 Without some means of overseeing post
enactment activities of the executive, Congress
would be unable to determine whether its
policies have been implemented according to
the legislative intent and thus whether
legislative intervention is appropriate.
 Subordinate Law
- Those enacted by the executive branch
pursuant to a delegation of authority by
Congress.
 Congressional oversight is not unconstitutional
per se, it neither necessarily constitutes an
encroachment on the executive power to
implement laws nor undermines the
constitutional separation of powers.
- Rather, it is integral to the checks and
balances inherent in a democratic system.
Two Basic and Related Constraints on Congress (to
forestall the danger of congressional encroachment
“beyond the legislative sphere”):
(1) it may not vest itself, any of its committees
or its members with either executive or judicial power.
(2) when it exercises its legislative power, must
follow the “single, finely wrought and exhaustively
considered procedures” specified under the
Constitution, including the procedure for enactment of
laws and presentment.
 Any post-enactment congressional measure
should be limited to scrutiny and investigation.
 Two Options when enacting legislation:
(1) It can itself formulate the details
(2) it can assign to the executive branch
the responsibility for making necessary
managerial decisions in conformity with
those standards.
 Supplementary Rule-making
- Executive branch fills up the details of a
complete law.
 Contingent Rule-making
- Ascertain facts necessary to bring the law
into actual operation.
 Administrative regulations enacted by the
administrative agencies to implement and
interpret the law which they are entrusted to
enforce have the force and effect of law and are
entitled to respect; they have the nature of a
statute and are just as binding as if they have
been written in the statute itself.
- They enjoy the presumption of
constitutionality and legality until they are
set aside with finality in an appropriate case
by a competent court.
LEGISLATIVE INQUIRIES
 Section 21, Article VI of the 1987 Constitution
 Chapter 9: Powers of Congress
This “power of inquiry” is granted not only to the
Senate and the House of representatives but also to
any of their respective committees.”
- The power of legislative investigation may
be implied from the express power of
legislation and does not have to be
expressly granted.
- The provision intended to limit the conduct
of legislative inquiries as this has been
abused in the past.
- It should always and only be in aid of
legislation.
- The rights of persons appearing in or
affected by such inquiries are required to be
respected.
- The conduct of the investigation must be in
conformity with the rules of procedure that
must have been published in advance for
the information and protection of the
witnesses.
 Neri v. Senate Committee on Accountability of
Public Officers and Investigations, it is
“incumbent upon the Senate to publish the
rules for its legislative inquiries in each Congress
or otherwise make the published rules clearly
state that the same shall be effective in
subsequent Congressses or until they are
amended or repealed to sufficiently put public
on notice.”
 Supreme Court acknowledged that other
prerogatives, principles and rights may validly
be invoked against this power of Congress.
Including:
(1) President’s executive privilege but “only in
relation to certain types of information of a sensitive
character.”
(2) The “fiscal autonomy and constitutional
independence of the Judiciary”
(3) The Sub Judice Rule “which retricts
comments and disclosures pertaining to judicial
proceedings to avoid prejudging the issue, influencing
the court, or obstructing the administration of justice.”
(4) The right to privacy
(5) The right to self- incrimination
 The subject of a legislative inquiry is a political
question and the mere filing of a criminal or an
administrative complaint before a court or a
quasi-judicial body should not automatically bar
the conduct of legislative investigation.
 Failure or refusal to attend a legitimate
legislative investigation or contumacy of the
witness may be punished as legislative
contempt. It includes imprisonment.
 Arnault case, questions that may be raised in a
legislative investigation do not necessarily have
to be relevant to any pending legislation,
provided only that they are relevant to the
subject matter of the investigation being
conducted.
How long may a private individual be imprisoned by
the legislature for contempt?
- Lopez v. De los Reyes, punishment could
last only for the duration of the session
when the contempt was committed.
- Arnault Case, the Supreme Court held that
the offender could be imprisoned
indefinitely by the Senate, it being a
continuing body, provided that the
punishment did not become so long as to
violate due process.
- As for the House of Representatives,
imprisonment could last only during the
session when the offense was committed
but until the final adjournment of the body.
This rule is presumably still valid and
may be applied, unless changed, to the
present Congress.
(skipped 2 pages re: Question Hour)
THE POWER OF APPROPRIATION
 Section 29 (1), Article VI of the 1987
Constitution
This constitutional edict requires that the GAA be
purposeful, deliberate, and precise in its provisions and
stipulations.
 While “law” as here used may refer to
constitutional appropriations, it is more often
supposed to denote statutes enacted by the
lawmaking body.
 Appropriation
- A statute that the primary and specific
purpose is to authorize the release of public
funds from the treasury, e.g. the public
works act and the general appropriations
act.
Classification:
(a) GENERAL appropriations law is passed
annually; intended to provide for the financial
 Chapter 9: Powers of Congress
operations of the entire government during one fiscal
period.
(b) SPECIAL appropriation is designed for a
specific purpose, such as the creation of a fund for the
relief of typhoon victims.
 Implied Limitations (on appropriations)
Requisites for a valid appropriation:
(1) must be devoted to a public purpose.
(2) the sum authorized to be released must be
determinate or at least determinable.
 Constitutional Limitations
(1) All appropriation bills should originate in the
House of Representatives.
(2) Section 25, Article VI of the 1987
Constitution
The President knows more about the needed
appropriations than the legislature. But while the
Congress may not increase the President’s budgetary
recommendations, there is no prohibition against its
reducing such recommendations. (However, reduction is
not permitted when it comes to the appropriations for
the judiciary)
 Budget
- Is only a proposal, a set of
recommendations on the appropriations to
be made for the operations of government;
used as basis for the enactment of the
general appropriations law.
 Section 29(1), Article VI of the 1987
Constitution, the purpose of which is to prevent
“riders” or irrelevant provisions that are
included in the general appropriations bill to
ensure their approval.
Suppose the rider is included in an ordinary bill only?
- The anomaly may still be attacked but not
on the basis of Article VI, Section 25(2). The
applicable rule will be Section 26(1), which
requires every bill to embrace only one
subject, to be expressed in the title.
 Section 25(5) of the 1987 Constitution prohibits
one department from transferring some of its
funds to another department and thereby make
it beholden to the former to the detriment of
the doctrine of separation of powers.
- Demetria v Alba
 Transfers of savings in one department from
one item to another in the general
appropriations act may be allowed by law in the
interest of expediency and efficiency. There is
no danger to the doctrine of separation of
powers because the transfer is made within a
department and not from one department to
another.
 The exception in favor of the high officials
named in Section 25(5) limiting the authority (to
the President, Speaker of the House, Senate
President, the Chief Justice, and the heads of
Constitutional Commissions) to transfer savings
only to augment another item in the GAA is
strictly but reasonably construed as exclusive.
- Doctrine of Qualified Political Agency
Nazareth v. Villar, such power (of the
President) could well be extended to his
Cabinet Secretaries as alter egos.
 “The individual members of Congress may only
determine the necessity of the realignment of
savings in the allotments for their operating
expenses because they are in the best position
to know whether there are savings available in
some items and whether there deficiencies in
other items of their operating expenses that
need augmentation. However, it is the Senate
President and the Speaker of the House of
Representatives who shall approve the
realignment.
 Pichay v. Office of the Deputy Executive
Secretary for Legal Affairs Ivestigative and
Adjudication Division, there is no usurpation of
the legislature’s power to appropriate funds
when the President simply allocates the existing
funds previously appropriated by Congress for
his office.
 Appropriations for Sectarian Purposes
- Whether it be general or specific, it must
conform to the prohibition against the use
of public funds or property for sectarian
purposes. (Section 29(2), Article 6 must be
read with Section 5, Article 3 and Section 6,
Article 2) The prohibition is applicable only
where the appropriation is intended
purposely to benefit a religious institution.
- The provision “does not inhibit the use of
public property for religious purposes when
the religious character of such use is merely
incidental to a temporary use which is
available indiscriminately to the public in
general.”
- Ecclesiastics may be paid from public funds
if they serve the government in a non-
ecclesiastical capacity.
 Automatic Re-appropriation
- Section 25(7), Article VI of the 1987
Constitution (rule from the Jones Law)
 Chapter 9: Powers of Congress
 Special Funds
- Section 29(3), Article VI of the 1987
Constitution
- The limitation continues to apply even if the
original purpose of the tax has already been
fulfilled or abandoned.
- Whatever of the special tax collections may
remain shall then be transferred to the
general funds of the government, for
general appropriation in the discretion of
the legislature.
THE POWER OF TAXATION
The power of taxation is inherent in the State and is
generally vested in the legislature, but it is limited by
Section 28, Article VI of the 1987 Constitution.
 Tax laws must be for a public purpose.
 A tax may not be levied for the purpose of
paying the corporate debts of a private
corporation.
 Uniformity in Taxation
- persons or things belonging to the same
class shall be taxed at the same rate.
 Equality in Taxation
- Requires the tax imposed to be determined
on the basis of the value of the property.
 The rule of taxation shall also be equitable,
which means that the tax burden must be
imposed according to the taxpayer’s capacity to
pay.
 Progressive Taxation
- is one which tends to accelerate instead of
arrest economic growth. To be progressive,
the tax system should be suited to the social
conditions of the people.
 Tax Exemption
- Section 28(3), Article VI of the 1987
Constitution
- in favor of educational, charitable and
religious institutions but only if they or their
lands, improvements and buildings are
actually, directly and exclusively devoted to
their basic purposes.
- Only “non-profit cemeteries”
- Includes mosques
- Angeles University Foundation v. City of
Angeles, “building permit fees are not
charges on property, they are not
impositions from which petitioner is
exempt.”
- Lladoc v. Commissioner of Internal Revenue,
“the tax imposed was an excise tax, a tax
levied not upon the church itself but upon
the parish priest for the exercise by him of
the privilege of receiving a donation. The
taxes covered by the constitutional
exemption are real estate taxes or ad
valorem taxes imposed on the property
itself.”
- To be entitled to this constitutional exemption, there
must be a “clear and unequivocal proof” that the entity
claiming the same is (1) a religious, charitable or
educational institution and (2) that its real properties are
actually, directly and exclusively used for their basic
purposes.
It is not the use of the income from the real
property that is determinative of whether the property
is used for tax-exempt purposes.
- Section 28(4), Article VI of the 1987
Constitution (vote of all the members of
Congress because a tax exemption
represents a withholding of the power to
tax and consequent loss of revenue to the
government)
-Congress has the power to grant tax exemptions over
and above the power of the local government’s
delegated power to tax.
-A claim for a tax refund under a statute partakes of the
nature of a tax exemption.
-“Being a derogation of the sovereign authority, a
statute granting tax exemption is strictly construed
against the person or entity claiming the exemption.” It
is liberally in favor of the taxing authority.
 Tax Amnesty
- Is a general pardon or the intentional
overlooking by the State of its authority to
impose penalties on persons otherwise
guilty of violation of a tax law.
- Must be construed strictly against the
taxpayer and liberally in favor of the taxing
authority.
“There is no vested right in tax exemption. Being a
mere statutory privilege, a tax exemption may be
modified or withdrawn at will by the granting authority.
THE POWER OF CONCURRENCE
 Section 19, Article VII authorizes the President
to grant amnesty with the concurrence of a
majority of all the members of Congress. The
purpose of the majority is the membership of
the legislature as a whole.
 Section 21, Aricle VII
THE WAR POWERS
 Chapter 9: Powers of Congress
 Sec 23(1), Article VI
- 2/3 of both Houses in joint session, voting
separately
- The provision suggests a war already begun
or provoked by the enemy and the
existence of which we are only affirming.
We are not the aggressor, but merely
reacting to an aggression.
- The President may so precipitate or
actually begin hostilities that the legislature
will have no choice except “to baptize the
hostilities with the name of war.”
- The armed forces must be raised by the
Congress. The President must depend
heavily on the Congress for the effective
exercise of his military powers.
REFERENDUM AND INITIATIVE
 Section 32, Article VI of the 1987 Constitution
 Initiative
- The power of the people to propose bills
and laws, and to enact or reject them at the
polls, independent of the legislative
assembly.
- It is the right of a group of citizens to
introduce a matter for legislation either to
the legislature or directly to the voters.
 Referendum
- The right reserved to the people to adopt or
reject any act or measure which has been
passed by a legislative body and which in
most cases would without action on the
part of the electors become a law.
- A method of submitting an important
legislative measure to a direct vote of the
people, the submission of a law passed by
the legislature for their approval or
rejection.
Three Systems of Initiative:
(1) Initiative on the Constitution refers to a
petition proposing amendments to the Constitution
(2) Initiative on Statutes refers to a petition
proposing to enact a national legislation; and
(3) Initiative on Local Legislation refers to a
petition proposing to enact a regional, provincial, city,
municipal, or barangay law, resolution,or ordinance.
 Indirect Initiative (provided for by RA 6735)
which is the “exercise of initiative by the people
through a proposition sent to Congress or the
local legislative body for action.”
Two Classes of Referendum:
(1) Referendum on Statutes which refers to a
petition to approve or reject an act or law, or part
thereof, passed by Congress.
(2) Referendum on Local Law which refers to a
petition to approve or reject a law, resolution or
ordinance enacted by regional assemblies and local
legislative bodies.
 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 registered
voters in the Philippines. The same conduct is
followed in rejecting a national law.
How to exercise the power of initiative and
referendum?
 National
o At least 10% of the total number of
registered voters, of which every
legislative district is represented by at
least 3% of the registered voters
thereof
o shall sign a petition for the purpose and
o register the same with the Commission
on Elections
o Petition
 Is defined as the written
instrument containing the
proposition, which is the
measure proposed by the
voters, and the required
number of signatories.
 It shall be in a form to be
determined by and submitted
to the Commission.
 The law prohibits petitions
embracing more than one
subject from being subjected to
the electorate.
 Autonomous Region, Province, or City
o The petition must be signed by ate
least 10% of the registered voters in the
province or city, of which every
legislative district must be represented
by at least 3% of the registered voters
therein
 If the province or city is
comprised of only one
legislative district, then at least
each municipality in a province
or each barangay in a city
should be represented by at
 Chapter 9: Powers of Congress
least 3% of the registered
voters therein.
 Municipality
o The petition must be signed by at least
10% of the registered voters in the
municipality, of which every barangay is
represented by at least 3% of the
registered voters therein.
 Barangay
o If signed by at least 10% of the
registered voters in said barangay.
 Within a period of 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 45
days but not later than 90 days from the
determination by the Commission of the
sufficiency of the petition.
o Decisions on the sufficiency of the
petition is appealable to the Supreme
Court.
 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 he registered voters of the
Philippines.
o If, as certified by the Commission, the
proposition is approved by a majority of
the votes cast, the national law
proposed for enactment, approval, or
amendment shall become effective 15
days following completion of its
publication in the Official Gazette or in
a newspaper of general circulation in
the Philippines;
o If, as certified by the Commission, the
proposition to reject is approved by a
majority of the votes cast, the national
law shall be deemed repealed and the
repeal shall become effective 15 days
following completion of its publication
in the Official Gazette or in a newspaper
of general circulation in the Philippines;
o If the majority vote is not obtained, the
national law sought to be rejected or
amended shall remain in full force and
effect.
o A national or local initiative
proposition approved by majority of the
votes cast in an election called for that
purpose shall become effective 15 days
after certification and proclamation by
the Commission.
 Statutes involving “emergency measures”, the
enactment of which is specially vested in
Congress by the Constitution, cannot be subject
to referendum until 90 days after its effectivity.
 Under the law, any duly accredited people’s
organization, as defined by law, may file a
petition for indirect initiative with the House of
Representatives, and other legislative bodies.
o Petition must contain the summary of
the chief purposes and contents of the
bill that the organization proposes to be
enacted into law.
o Procedure to be followed on the
initiative bill shall be the same as the
enactment of any legislative measure
before the HoR, except that said
initiative bill shall have precedence over
the pending legislative measures on the
committee.
Initiative
 Local Initiative
o Autonomous Regions: not less than
2,000 registered voters
o Provinces and Cities: 1,000 registered
voters
o Municipality: 100 registered voters
o Barangay: 50 registered voters
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.
o If no favorable action thereon is made by the
local legislative body within 30 days from its
presentation, the proponents through their duly
authorized representative may invoke their
power of initiative, giving notice thereof to the
local legislative body.
o 2 or more propositions may be submitted in an
initiative.
o Proponents shall have:
o Autonomous Regions: 120 days
o Provinces and Cities: 90 days
o Municipality: 60 days
o Barangay: 30 days
To collect the required number of
signatures.
o If the required number of the signatures is
obtained, the Commission shall then set a date
for the initiative at which the proposition shall
be submitted to the registered voters in the LGU
concerned within:
o Autonomous Regions: 90 days
 Chapter 9: Powers of Congress

o Provinces and Cities: 60 days

o Municipality: 45 days
o Barangay: 30 days
 The initiative shall then be held on the date set,
after which the results thereof shall be certified
and proclaimed by the COMELEC.
 If the proposition is approved by a majority of
the votes cast, it shall take effect 15 days after
certification by the Commission as if affirmative
action thereon had been made by the local
legislative body and local executive concerned.

 Initiative shall extend only to subjects or

matters which are within the legal powers of the
local legislative bodies to enact.
 The power of local initiative shall not be
exercised more than once a year.
 Any proposition or ordinance or resolution
approved through the system of initiative and
referendum as herein provided shall not be
repealed, modified or amended, by the local
legislative body concerned within 6 months
from the date therefrom, and may be amended,
modified or repealed by the local legislative
body within 3 years thereafter by a vote of ¾ of
all its members; in case of barangays, the period
shall be 1 year after the expiration of the 6
months.