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a. Express limitations
• No ex post facto laws
• No bill of attainder
• Congress may not increase
appropriations recommended by the
President for the operation of
government as specified in the
budget. (Sec. 25(1), Art. VI).
• 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
religious teacher, or dignitary as
such, EXCEPT when such priest,
preacher, minister, or dignitary is
assigned to the:
i. armed forces, or
ii. any penal institution, or
iii. government orphanage, or
iv. government leprosarium (Sec.
29(2), Art. VI).
• No law increasing the appellate
jurisdiction of the SC without its
advice and concurrence. (Sec. 30,
Art. VI).
• All revenues and assets of non­
stock, non-profit educational
institutions used actually, directly,
and exclusively for educational
purposes shall be exempt from taxes
ad duties. (Sec. 4(3), Art. XIV).
• No law granting a title of royalty or
nobility shall be passed. (Sec. 31,
Art. VI).
b. Implied
• Non-delegation of legislative powers:
delegate potestas non potest
delegari.
• Prohibition against the passage of
irrepealable laws
2. Procedural
a. One-title-one-subject (proscription
against riders)
b. Three readings on separate days
EXCEPT:
1. When the president certifies to its
immediate enactment to meet a
public calamity or emergency.
(Sec.26, Art. VI).
2. Calling for a special election during
vacancy in the offices of the
President and Vice-President (Sec.
10, Art VII).
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Q: What are the non-legislative functions of
Congress?
1. To act as national board of canvassers for
President and Vice President. (Art. VII, sec.
4).
2. To decide whether the President is
temporarily disabled in the event he
reassumes his office after the Cabinet, by a
majority of vote of its members, declares that
he is unable to discharge the powers and
duties of his office. (Art. VII, sec. 11).
3. To concur in the grant of amnesty by the
President. (Art. VII, sec. 19).
4. To initiate (HOR) and, to try all cases of
impeachment (Senate), against the:
a. President
b. Vice President
c. Members of the SC
d. Members of the Constitutional
Commissions
e. Ombudsman
For any of the following offenses:
i. culpable violation of the Constitution
ii. treason
iii. bribery
iv. graft and corruption
v. betrayal of public trust
vi. other high crimes
(Art. XI, Sec. 2-3).
5. To act as a constituent assembly for the
revision or amendment of the Constitution.
(Art. XVII).
b. PRINCIPLE OF NON DELEGABILITY;
EXCEPTIONS
B. HOUSES OF CONGRESS
1. SENATE
2. HOUSE OF REPRESENTATIVES
(a) District representatives and questions of
reapportionment
Q: What is the rule on Apportionment of
Legislative Districts? (Phil. Const, art. VI, §5)
1. It must be based on uniform and progressive
ratio;
2. Each city with at least 250,000 inhabitants
shall be entitled to at least 1 representative;
3. Each province, irrespective of number of
inhabitants, shall be entitled to at least 1
representative;
4. Each legislative district shall comprise, as far
as practicable, contiguous, compact, and
adjacent territory. No gerrymandering; and
5. Reapportionment is done by Congress within
3 years following the return of every census.
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Q: Is Congress precluded from increasing its
membership in excess of 250 based on Sec.
5, Art. VI?
No, the Constitution does not preclude Congress
from increasing its membership by passing a law
other than a general apportionment law (Mariano
v. COMELEC).
Q: May Congress validly delegate to the
ARMM Regional Assembly the power to
create Legislative Districts?
No, nothing in Sec. 20, Art. X authorizes
autonomous regions, expressly or impliedly, to
create or reapportion legislative districts. This
power is vested exclusively in Congress.
Accordingly, Sec. 19, Art. VI of R.A. 9054
granting the ARMM Regional Assembly the
power to create provinces and cities, is VOID for
being contrary to Sec. 5, Art. VI, and Sec. 20, Art.
X, as well as Sec.3 of the Ordinance appended to
the Constitution (Sema v. COMELEC, 2008).
Q: Is the population requirement of 250,000 an
indispensable Constitutional requirement for
the creation of a new legislative district?
Distinction must be made between the
entitlement of a city to a district on one hand, and
the entitlement of a province to a district on the
other. While a province is entitled to at least 1
representative regardless of population, a city
must initially meet a minimum population of
250,000 in order to be similarly entitled (Aquino v.
COMELEC, G.R. No. 189793, 2010.)
Q: To be entitled to an additional district, does
a city have to increase its population by
another 250,000?
No, while Sec. 5(3), Art. VI requires a city to have
a minimum population of 250,000 to be entitled to
a representative, it does not have to increase its
population by another 250,000 to be entitled to an
additional district.
Q: In case of vacancy in the Senate or the
HOR, is it mandatory to fill up the vacancy?
No, Sec. 9 of Art VI provides, “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 (See also Tolentino v.
COMELEC, G.R. No. 187958, 2004).
(b) Party-list system (R.A. No. 7941)
Q: Can party lists that garnered less than 2 %.
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of the total votes casts occupy a seat in the
House?
Yes. The additional seats (those remaining after
allocation of the guaranteed seats to those with a
minimum of 2%), shall be distributed to the party-
list organizations including those that received
less than two percent of the total votes. (Atong
Paglaum v. COMELEC, G.R. No. 203766, 2013).
Q: How can a party-list join an electoral
contest?
It must undergo the process of (1) registration
and (2) accreditation. Registration bestows
juridical personality; Accreditation relates to the
privileged participation that our election law grant
to qualified registered parties. Registration
precedes accreditation (Magdalo v. COMELEC,
G.R. 190793, 2012).
Q: What are the parameters on parties
participating in the party list elections?
a. Three different groups may participate in the
party-list system: (1) national parties or
organizations, (2) regional parties or
organizations, and (3) sectoral parties or
organization
b. National parties or organizations and regional
parties or organizations do not need to
organize along sectoral lines and do not need
to represent any “marginalized and
underrepresented” sector.
c. Political parties can participate in party-list
elections provided they register under the
party-list system and do not field candidates
in legislative district elections. A political
party, whether majority or not, that fields
candidates in legislative district elections can
participate in party-list elections only through
its sectoral wing that can separately register
under the party-list system. The sectoral wing
is by itself an independent sectoral party, and
is linked to a political party through a
coalition.
d. Sectoral parties or organizations may either
be “marginalized and underrepresented” or
lacking in well-defined political
constituencies." It is enough that their
principal advocacy pertains to the special
interest and concerns of their sector. The
sectors that are “marginalized and
underrepresented” include labor, peasant,
fisherfolk, urban poor, indigenous cultural
communities, handicapped, veterans, and
overseas workers. The sectors that lack
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“well-defined political constituencies” include Q: Can a Congressman be preventively

professionals, the elderly, women, and the suspended by the Sandiganbayan for
youth. violation of Anti-Graft Law notwithstanding
the exclusive power of Congress to discipline
e. A majority of the members of sectoral parties its member?
or organizations that represent the Yes. The suspension contemplated in Article VI,
“marginalized and underrepresented” must Section 16(3) of the Constitution is a punishment
belong to the “marginalized and that is imposed by the Senate or House of
underrepresented” sector they represent. Representatives upon an erring member. It is
Similarly, a majority of the members of distinct from the suspension under Section 13 of
sectoral parties or organizations that lack the Anti-Graft and Corrupt Practices Act, which is
“well-defined political constituencies” must not a penalty but a preventive measure. Since
belong to the sector they represent. The Section 13 of the Anti-Graft and Corruption
nominees of sectoral parties or organizations Practices Act does not state that the public officer
that represent the “marginalized and must be suspended only in the office where he is
underrepresented,” or that represents those alleged to have committed the acts which he has
who lack “well-defined political been charged, it applies to any office which he
constituencies,” either must belong to their may be holding. (Santiago v. Sandiganbayan,
respective sectors, or must have a track G.R. No. 128055, 2001)
record of advocacy for their respective
sectors. The nominees of national and Q: Compare and contrast the
regional parties or organizations must be disqualifications from holding incompatible
bona-fide members of such parties or offices in the Constitution:
organizations.
Congress AFP
f. National, regional, and sectoral parties or (Senate President's in active
organizations shall not be disqualified if some &HOR) official family service
of their nominees are disqualified, provided
Basis Sec. 13, Sec. 13, Sec. 5(4),
that they have at least one nominee who Art. VI Art. VII Art. XVI
remains qualified (Atong Paglaum, supra).
No Gov’t, its Private corp. / Civilian
other subdivision, gov’t; no position in
Q: Are sectoral parties required to adduce
office agency, practice of government,
evidence showing their track record that they or instrumenta profession; no GOCCs, or
have undertaken to further the cause of the employ lity, GOCC business intrumentalit
sector they represent? ment interest or ies
No. It is sufficient that their ideals are geared in: transaction
towards the cause of the sector they represent with the
(Abang-Lingkod v. COMELEC, G.R. No. 206952, government.
2013):
During Term Tenure Tenure
C. PRIVILEGES, INHIBITIONS AND Financi Cannot be They shall not N/A
DISQUALIFICATIONS al financially be directly or
Interest interested indirectly,
Q: Is preventive suspension considered directly or practice any
“interruption” of a term under Sec. 8, Art. X indirectly in other
and Sec. 43(b) of R.A. 7160? any profession,
contract, participate in
No, a preventive suspension cannot simply be
franchise, any business,
considered an interruption because the or special or be
suspended official continues to stay in office privilege financially
although barred from exercising the functions and granted by interested in
prerogatives of the office within the suspension the any contract
period. The best indicator of the suspended Governmen with, or in any
official’s continuity in office is the absence of a t, or any franchise, or
permanent replacement and the lack of the subdivision, special
authority to appoint one since no vacancy exists agency or privilege
instrumenta granted by the
(Aldovino v. COMELEC, G.R. No. 184836, 2009).
lity thereof, Government or

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Congress AFP Nature of Required Basis

(Senate President’s in active Proceeding Votes
&HOR) official family service
Senate
Basis Sec. 13, Sec. 13, Sec. 5(4),
Art. VI Art. VII Art. XVI To Concur in a 2/3 of All Sec. 21, Art.
Treaty VII
No Gov’t, its Private corp. / Civilian
other subdivision, gov’t; no position in Conviction in 2/3 of All See. 3(6), Art.
office agency, practice of government,
Impeachment XI
or instrumenta profession; no GOCCs, or
employ lity, GOCC business intrumentalit
I House of Representatives 1
ment interest or ies
in: transaction Affirm/Override 1/3 of All Sec. 3(3), Art.
with the
Resolution to XI
government.
Impeach
During Term Tenure Tenure
1 Common to Both 1
including any
any GOCC subdivision, Discipline 2/3 of All Sec. 16(3)
or its agency, or Members
subsidiary. instrumentality
( P h il . thereof, Election of Majority of All Sec. 16(1)
C o n s t , art. including Officers
Vi, § 1 4 ) government-
owned or Declare the 2/3 of Both Sec. 23
controlled Existence of a Houses,
corporations or State of War voting
their separately
subsidiaries.
(P h il . C o n s t . Override 2/3 of All in Sec. 27(1)
art. VII, § 1 3 )
President's the House of
Veto Origin
D. DISCIPLINE OF MEMBERS
E. PROCESS OF LAW MAKING Quorum to do Majority w/in Sec. 16(2);
F. QUORUM AND VOTING MAJORITIES business Compulsive Avelino v.
Power of the Cuenco
Q: What is the basis for determining the House
existence of a quorum in the Senate? Tax Exemption Majority of All Sec. 28(4)
The basis in determining the existence of a
quorum in the Senate is the total number of Confirmation of Majority of Sec. 9, Art. VII
Senators who are in the country and within the new VP Both Houses,
coercive jurisdiction of the Senate. Those who nominated by voting
President separately
are out of the country, cannot be contacted, or
incapacitated will not be included in the total Determination 2/3 of Both Sec. 11, Art.
number of the Senators for the purpose of that Pres. Houses, VII
counting majority or quorum. (Avelino v. Cuenco, Unable to voting
G. R.Np.L-2821, 1949). discharge separately
powers
Q: What are the voting majorities required in & duties
Congress? To break a tie in Majority of All, Sec. 4, Art. VII
presidential voting
election separately

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Revocation of Majority of All, Sec. 18, Art. 25(5)?

Proc. Of Martial voting jointly VII
Law/
Suspension of
Priv. of Writ of
Flabeas Corpus
Extension of Majority of All, Sec. 18, Art.
Proc. voting jointly VII
Of
ML/Suspension
of Priv. of WHC
To Concur w/ Majority of All Sec. 19, Art.
President in VII
granting
amnesty
G. APPROPRIATION AND RE-ALIGNMENT
Q: What does the pork-barrel system violate?
A. Violates the principle of separation of powers
by allowing legislators to wield post­
enactment authority in the implementation or
enforcement of the budget, unrelated to
congressional oversight, and assume duties
that properly belong to the sphere of budget
execution.
B. Constitutes an undue delegation of legislative
power insofar as it confers post-enactment
identification authority to individual
legislators. The power of appropriation is
lodged in Congress as a body.
C. Violates the principle of checks and
balances; as legislators make intermediate
appropriations only after the GAA is passed
and hence, outside of the law. It necessarily
means that the actual items of PDAF
appropriation would not have been written
into the General Appropriations Bill and thus
effectuated without veto consideration. This
kind of lump-sum/post-enactment legislative
identification budgeting system fosters the
creation of a “budget within a budget" which
subverts the prescribed procedure of
presentment and consequently impairs the
President's power of item veto.
D. Violates the principle of local autonomy; with
PDAF, a Congressman can simply bypass
the local development council and initiate
projects on his own, and even take sole credit
for its execution. (Belgica v. Ochoa, G.R. No.
208566, 2013).
Q: What are the requisites for the valid
transfer of appropriated funds under Sec
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1. There is a law authorizing the President,
Senate President, Speaker, Chief Justice,
and heads of the Constitutional
Commissions;
2. The funds to be transferred are savings
generated from the appropriations for their
respective offices; and
3. The purpose of the transfer is to augment an
item in the general appropriations law for
their respective offices. (Araullo v. Aquino,
G.R. No. 209287, 2014).
Q: Considering the above requisites, what
activities under the DAP are
unconstitutional?
1. The withdrawal of unobligated allotments
from the implementing agencies and the
declaration of the withdrawn unobligated
allotments and unreleased appropriations as
savings prior to the end of the fiscal year and
without complying with the statutory definition
of savings contained in the General
Appropriations Act;
2. Cross-border transfers of savings of the
executive department to offices outside the
executive department;
3. Funding of projects, activities, programs not
covered by appropriations in the General
Appropriations Act (Araullo v. Aquino, supra).
Q: When can the President exercise the power
of augmentation?
The President may, by law, be authorized to
augment any item in the General Appropriations
Law, their respective offices from savings in other
items of their respective appropriations (Phil .
Const, art. VI, §25; Sanchez v. COA).
Congressional pork barrel is unconstitutional
(PERLAS-BERNABE)
1. Violates the doctrine of separation of
powers - Congress intrudes in the execution
of the project. It grants the legislators the
authority to participate in post-enactment
phases of project implementation and the
power to identify the project they decided to be
funded through 2013 PDAF Articles
2. Violates the non-delegability of legislative
power - When legislators are given a
personal lump-sum fund for which they are
able to dictate and personally determine the
amount of fund to be used and its beneficiary,
the principle of non-delegability is violated
since the power to appropriate is done by law