THE POWER OF THE CONGRESS

Power of the congress may be classified into:

• Legislative – includes specific powers of appropriation, taxation, and expropriation.

• Non legislative – power to canvass the presidential elections, to declare the existence of a state
of war, to give concurrence to treaties and amnesties, to propose constitutional amendments,
and to impeach.

These powers are EXPRESSLY conferred by the Constitution.

IMPLIED POWERS – power to punish contempt in legislative investigations.
INHERENT POWERS – determination of its rules of proceedings and the discipline of its members.

LEGISLATIVE POWER IN GENERAL

Is the power of lawmaking, the framing and enactment of laws.

Effected through:
- Adoption of a bill
- Adoption of a proposed or projected law which once approve becomes a statute.
Statute: the written will of the legislature, solemnly expressed according to the forms necessary to
constitute it the law of the state.

CASE: ASSOCIATION OF SMALL LANDOWNERS IN THE PHILIPPINES, INC. v. SECRETARY OF AGRARIAN

REFORM

SC observed that during the past dictatorship, every presidential issuance, by whatever name it
was called, had the force and effect of law.

The power to make laws includes the power to alter and repeal them.
CASE: GONZALES v. HECHANOVA

Pres. Macapagal entered into 2 executive agreements for the importation of rice without
complying with a statutory requirement for the prior obtention from the National Economic
Council of a certification of shortage of the cereal. The question is which should prevail as
between the executive agreement and the statutes, the SC decided in favor of the latter.

“under the constitution, the main function of the Executive is ti enforce laws enacted by
congress. The former may not interfere in the performance of the legislative powers of the
latter except in, the exercise of the veto power. He 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.

CASE: DATU MICHAEL ABAS KIDA v. SENATE

The SC clarified that subsequent laws 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.

SC stressed out that Congress cannot pass irrepealable laws.
CASE: LEAGUE OF CITIES OF THE Philippines v. COMELEC

SC stressed that the legislative body possesses plenary powers for all purposes of civil
government.

Laws in general have no retroactive effect unless:

When the law expressly provides

In case if remedial statutes

In case of curative statutes

In case of laws interpreting others

In case of law creating new rights

CASE: PERT/CPM MANPOWER EXPONENT CO., INC. v. VINUYA

SC explained the amendement introduced by RA 10022 (restoring a provision of RA 8043)
declared unconstitutional - - cannot be given retroactive effect because retroactive application
will result in an impairment of a right that had accrued to the respondents by virtue of the
Serrano ruling.

CASE: ATIZADO v. PEOPLE

SC affirmed the retroactive application of RA 9344, which favors “children in conflict with the
law”

PROCEDURE
THE PROCEDURE IN THE APPROVAL OF BILLS IS BRIEFLY AS FOLLOWS:

1. 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.
2. The 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.
3. The bill may be killed in the committee or it may be recommended for approval, with or
without amendments, sometimes after public hearings are first held thereon. 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.
4. Once reported out, the bill shall be calendared for second reading. It is at this stage that the
bill is read in its entirety, scrutinized, debated upon and amended when desired. The second
reading is the most important stage in the passage of a bill.
5. The bill as approved on second reading is printed in its final form and copies thereof are
distributed atleast three days before the third reading.
6. On the third reading, the members merely register their votes and explain them if they are
allowed by the rules. No further debate is allowed.
7. Once the bill passes third reading, it is sent to the other chamber, will it will also undergo
three 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 the Senate and the house of Representatives, will then be
submitted to the PRESIDENT for his consideration.
8. The bill is enrolled when printed as finally approved by the Congress, thereafter
authenticated with the signature of the Secretaries of their respective chambers, and
approved by the President.

ORIGIN OF BILLS

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.

• Appropriation bill : 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, while a tariff bill
specifies the rates or duties to be imposed on imported articles.
• Biill increasing the public debt : is illustrated by one floating bonds for public subscription
redeemable after a certain period.
• Bill of local application : is one involving purely local or municipal matters, like a charter of a
city.
• Private bills : illustrated by a bull granting honorary citizenship to a distinguished foreigner.

Amendment by substitution (exercised by senate) > may entirely replace the bill initiated in the
HOR.

CASE: TOLENTINO v SECRETARY IF FINANCE

EXPANDED VAT LAW was questioned on the ground that the revenue measure did not
originate exclusively in the House of REPRESENTATIVES.

By a 9-6 vote, the SC rejected the challenge, holding that such consolidation was consistent
with the power of the senate to propose or concur with amendments to the version
originated in the HOR.

PROHIBITED MEASURES

Measures that may not be passed by the congress:

1. Those impairing the doctrine of separation powers

2. Providing for the appointment of elective officers.
3. Enactment of ex post facto laws, bills of attainder, or laws impairing the obligation of contracts.
4. Section 31. No law granting a title of royalty or nobility shall be enacted.
 5. Section 30. No law shall be passed increasing the appellate jurisdiction of SC as provided in this
constitution without advice and concurrence.

TITLE OF BILLS

EVERY BILL PASSED BY THE CONGRESS SHALL EMBRACE ONLY ONE SUBJECT WHICH SHALL BE
EXPRESSED IN THE TITLE THEREOF.

The purpose of this rule are:

1. To prevent hodgepodge or log-rolling legislation.

Log-rolling legislation : any act containing several subjects dealing with unrelated
matters representing diverse interests, the main object of such combination being to
unite members if the legislature who favor anyone if the subjects in support if the whole
act.
2. To prevent surprise or fraud upon the legislature
3. To fairly apprise the people, through such publications of its proceedings as are usually made, of
the subjects of legislation that are being considered in order that they may have the opportunity
of being heard thereon, by petition or otherwise, if they should so desire.

CASE: LIDASAN v. COMELEC

CASE: PHILCONSA v. GIMENEZ

CASE: TOBIAS v. ABALOS

CASE: BANAT v. COMELEC

CASE: GIRON v. COMELEC

FORMALITIES
Article VI, section 26 (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.
APPROVAL OF BILLS

3 METHODS BY WHICH A BILL BECOMES 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.
3. When the president does not act upon the measure within thirty days after it shall have been
presented to him.

The pres may veto a measure upon any ground sufficient for him, as where he considers it
unconstitutional or merely inefficacious or unwise. In every case, he shoukd, in returning the measure to
the house of origin, indicates his objection thereto in what is known as “veto message”

CASE: BOLINAO ELECTRONUCS CORPORATION v. VALENCIA

The last method is employed whether the president, while not convinced of the necessity or validity of
the measure under consideration, is nonetheless unwilling to disapprove it. An illustration of a bill
approved through executive inactions is the BAR FLUNKERS BILL, which the Pres Quirino refused to sign
although he allowed it to lapse into law. The SC however declared it partially unconstitutional.

Note: The 30 days 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 presentation to the president, no bill passed by Congress can become a law.

CASE: MACALINTAL v. COMELEC

Concept of Congressional Oversight: the power of oversight embraces all activities undertaken
by Congress to enhance its understanding of and influence over the implementation legislation
it has enacted.

3 categories of oversight:
1. Scrutiny – implies a lesser intensity and continuity of administration to administrative
operations.
2. Congressional investigation – involves a more intense dighing of facts
3. Legislative supervision – most encompassing form.
- Connotes a continuing and informed awareness on the part of congressional committee
regarding executive operations in a given administrative area.
 - Congress exercises supervision over the executive agencies through its veto power. Thus
we have legislative veto. > it utilizes veto provisions when granting the president or an
executive agency the power to promulgate regulations with the force of law.
- Supporters of legislatibe veto stress that it is necessary ti maintain balance of power
between the legislative and executive branch.

Legislative Veto: a statutory provision requiring the President or an administrative agency

to present the proposed implementing rules and regulations of a law to Congress, which, by
itself or through a committee formed by it, retains a ‘right’ or power to approve or
disapprove such regulationsbefore they take effect.

LEGISLATIVE INQUIRY

Section 21. The Senate or the House of Representatives or any of its respective committees may conduct
inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of
persons appearing in or affected by such inquiries shall be respected.

CASE: GARCILLANO v. HOUSE OF REPRESENTATIVES

The SC stressed that the Senate cannot be allowed to continue with the conduct
of the questioned legislative inquiry derogation of the constitutional
requirement.

The petitioners claimed that there was no need to publish anew the Senate’s
Rules of Procddure Governing Inquiries in Aid of Legislation, considering that
they have been published in a newspaper of general circulation only in 1995 and
in 2006.

CASE: NERI v. SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS

The court clarified that it is incumbent upon the State to publish the rules for its
legislative inquiries in each Congress or until they are amended or repealed to
sufficiently put public on notice. The court likewise explained that publication of said
Rules through the internet cannot be considered as compliance with this constitutional
requirement.

CASE: GUDANI v. SENGA

The court declared that the President, as a commander-in-chief, may validly prohibit a
general frim appearing in a legislative inquiry, although the legislature wouldn’t be
precluded from seeking judicial relief to compel his attendance.

CASE: BENGZON v. SENATE BLUE RIBBON COMMITTEE


Peitioners sought to restrain the respondent from investing their participation in an
alleged misuse of government funds.

THE POWER OF APPROPRIATION

Article VI, section 29(1). No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law.

CASE: NAZARETH v. VILLAR

Funds were released by the DOST to cover the benefits for its personnel provided for
under a law despite the absence of a specific appropriation for the same in the existing
General Appropriations Act (GAA) and notwithstanding an express provision in said law
requiring said funds to be covered by the GAA.

Appropriation : an appropriation measure may be defined as a statute the primary and specific purpose
of which is to authorize the release of public funds from the treasury, e.g. the public works act and the
general appropriations act.

Classification:

• General appropriations law – passed annually is intended to provide for the financial operations
of the entire government during one fiscal period
• Special appropriation – is designed for a specific purpose, such as the creation of a fund for the
relief of typhoon victims.

Implied Limitations : essential to the validity of an appropriation that it be devoted to a public purpose.

CASE: PASCUAL v. SECRETARY OF PUBLIC WORKS AND COMMUNICATION

CONSTITUTIONAL LIMITATIONS

1. All appropriation bills should originate in the House of Representatives.

2. 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.
3. No law shall be passed authorizing any transfer of appropriations; however, the President, the
Pres of Senate, the Speaker of the HOR, the Chief Justice of the SC, 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.

APPROPRIATIONS FOR SECRETARIAN PURPOSES

Article VI, section 29 (2). No public money or property shall ever be appropriated, applied, paid, or
used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination,
sectarian, institution, or any system of religion, or for the use, benefit, or support of any priest,
preacher, minister, or other religious teacher or dignity as such, except when such priest, preacher,
minster, or dignitary is assigned to the armed forces, or to any penal institution, or govt orphanage or
leprosarium.