1.

Qualifications of the Members of Congress executory but on the same date, she already took her oath of office
before the Speaker of the House of Representatives. She is sought to
SENATE be removed from office because of her disqualification.
C-A-A-R-R
Who has jurisdiction?
QUALIFICATIONS
Citizenship Natural-born citizen (Sec. 3)
COMELEC, not yet HRET. Supreme Court said that it SHOULD be
Age 35 on the day of the election*
Able to Read & Write Filipino based on a valid proclamation. If the proclamation is not valid or that
Registered Voter there is no basis for the proclamation, then there is no proclamation at
Residence Not less than 2 years all and the jurisdiction will still remain with the COMELEC.
immediately preceding the day
of the election 3. Qualifications of Party-List Organizations

HOUSE OF REPRESENTATIVES Sec. 9 of RA 7941 provides for the QUALIFICATIONS OF PARTY-

LIST NOMINEES:

QUALIFICATIONS C-A-A-R-R - Natural-born citizen of the Philippines;

Citizenship Natural-born citizen (Sec. 6)
Age 25* on the day of the election
Able to Read & Write Filipino
Registered Voter For District Representative
- In the district, in w/c he/she
shall be elected
Residence For District Representative
2. Jurisdiction of HRET
Sec 17, Art. VI. The Senate and the House of Representatives
shall each have an Electoral Tribunal which shall be the sole
judge of all contests relating to the election, returns, and
qualifications of their respective Members. Each Electoral
Tribunal shall be composed of nine Members, three of whom shall
be Justices of the Supreme Court to be designated by the Chief
Justice, and the remaining six shall be Members of the Senate or
the House of Representatives, as the case may be, who shall be
chosen on the basis of proportional representation from the
political parties and the parties or organizations registered under
the party-list system represented therein. The senior Justice in the
Electoral Tribunal shall be its Chairman.
Sec 19, Art. VI. The Electoral Tribunals shall be constituted within
thirty days after the Senat and the House of Representatives shall
have been organized with the election of the President and the
Speaker.
COMPOSITION
9 MEMBERS
 3 from Supreme Court Justices (designated by Chief Justice)
 6 from Senate and House of Representative (Proportional
representation)
CASE: BARBERS v. COMELEC
SOLE JUDGE: No other entity has jurisdiction in terms of contests
relating to election, return and qualifications of their members of
specific house.
ELECTION CONTESTS: conduct of the polls, including the listing of
voters, voting of electoral campaign, casting and counting of votes
ELECTION RETURNS: canvass of returns and proclamation of
winners, including questions concerning the composition of the Board
of Canvassers and the authenticity of the election returns
QUALIFICATIONS: members of senate and lower house
REQUIREMENTS BEFORE YOU CAN BE CONSIDERED A
MEMBER OF THE HOUSE OF REPRESENTATIVES:
a) There must be a valid proclamation
b) You must have taken a proper oath
c) You must have assumed office
CASE: REYES v. COMELEC
Reyes was a candidate for House of Representatives. On May 14,
2013, the COMELEC cancelled her certificate of candidacy for failing to
comply with RA 9225. Four days thereafter, she was proclaimed as
winner. On June 5, 2013, the COMELEC decision became final and
- Registered Voter;
- Resident of the Philippines for a period of not less than 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 days of
the election; and
- At least 25 years old on the day of the election
  For youth sector
At least 25 but not more than 30 years old on the
day of the election
Any youth sectoral representative who attains the
age of 30 during his term shall be allowed to continue in
office until the expiration of his term.
Sec. 6 of RA 7941 provides for the GROUNDS FOR REFUSAL OR
CANCELLATION OF THE REGISTRATION:
1. It is a religious sect or denomination, organization or
association organized for religious purposes;
2. It advocates violence or unlawful means to seek its goal;
3. It is a foreign party or organization;
4. 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;
5. It violates or fails to comply with laws, rules or regulations
relating to elections;
6. It declares untruthful statements in its petition;
7. It has ceased to exist for at least one (1) year; or
8. It fails to participate in the last two (2) preceding elections or
fails to obtain at least two percent (2%) of the votes cast under the
party-list system in the two (2) preceding elections for the constituency
in which it has registered.
4. Jurisdiction of COMELEC over Party-List Organizations
COMELEC will determine who are qualified or disqualified. RA 7491
provides the REQUIREMENTS to register as a party in the party-list
system.
1. REGISTRATION
Section 5 of RA 7491 provides that any organized group of persons
may register as a party, organization or coalition for purposes of the
party-list system.
2. MANIFESTATION
Section 4 of the same law provides that any party, organization, or
coalition already registered with the Commission need not register
anew. However, such party, organization, or coalition shall file (or
manifest to participate) with the Commission.
COMELEC can disqualify/ cancel your registration if you failed to
participate in the last 2 preceding elections, OR in the last 2 preceding
elections, you failed to garner at least 2% of the votes cast for the
Party-list. In case of the latter, you have to register again.

3. NOMINEES
Section 8 of the same law provides that each registered party,
organization or coalition shall submit to the COMELEC not later than
forty-five (45) days before the election a list of names, not less than
five (5)
5. Term limitations
In a legal sense, TERM means a fixed and definite period of time
which the law describes that an officer may hold an office.
NOTE: The term 6 yrs (Senate) and 3 yrs (HoR) have term limitations
of 2 consecutive terms (Senate) and 3 consecutive terms (HoR).
Section 4, Art. VI. xxx No Senator shall serve for more than two
consecutive terms. Voluntary renunciation of the office for any length of
time shall not be considered as an interruption in the continuity of his
service for the full term of which he was elected.
NOTE: The renunciation should be voluntarily given, acted upon by the
public officer (i.e. Senator, House of Representative). If it is
involuntary, the term limitation will most like not apply.
Renunciation means that the Senator really steps down from the
office and losses his right to the office. Temporary Renunciation (e.g.
preventive suspension) means that you are not actually removed from
the office, you are just temporarily not allowed to hold that office.
NOTE: Preventive suspension can be part of the investigation or can
be a penalty. If preventive suspension is part of the investigation and if
the penalty if preventive suspension but only for temporary period then
it will also amount to an involuntary renunciation; hence, the term
limitation will not apply.
6. Power to apportion legislative districts
Sec. 10, Art. X. No province, city, municipality, or barangay may be
created, divided, merged, abolished, or its boundary substantially
altered, except in accordance with the criteria established in the local
government code and subject to approval by a majority of the votes
cast in a plebiscite in the political units directly affected.
There are provisions under the Local Government Code providing the
requirements for the creation of the local government.
NOTE: You cannot create a province or city unless it is based on the
provisions of the Local Government Code. Necessarily, because of the
provisions of the Constitution on the province, there will be a resultant
administrative district; or once you create a city, under the local
government code, you need at least 250, 000 population, which
creates an administrative district.
If the laws [creating a province] have already been passed under the
Section 10, Article X, there is still a requirement that it will be a subject
to the approval of the majority of the votes casted in the plebiscite in
the political units directly affected.
REAPPORTIONAMENT
Reapportionment is the realignment or change in legislative districts
brought about by changes in population and mandated by the
constitutional requirement of equality of representation (Naval v.
COMELEC, 729 SCRA 299).
QUESTION: The rearrangement of districts resulted to the decrease of
population (below the required 250,000 population) of the original
district. Would that affect the creation of the new district?
ANSWER: No. When there is a rearrangement, it presupposes that
there is already an initial district which has complied with the
requirements. The additional district is not necessarily required to have
a 250, 000 population to be a new district. The important thing to
remember is that, at the onset, the original district has already
complied with the requirements. For provinces, there is no requirement
to have a 250,000 population (because it is given), but necessarily you
have to meet the 250,000 plus the additional population before you
add (i.e. another city) to create a substantial population to be
represented.
Every time there is an additional district, it will add to the number of
District Representatives. This will rule in the determination of the
number of Party-list Representative will be seated in a particular
congress.
7. Legislative Process, requirements as to bills and exceptions
as to certain requirements on the passage of bills
PROCEDURE FOR THE PASSAGE OF BILLS
- 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.
- 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.
- 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.
- 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.
- The bill as approved on second reading is printed in its final
form and copies thereof are distributed at least three days
before the third reading. 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.
- Once the bill passes third reading, it is sent to the other
chamber, where it will also undergo the three readings. If
there are differences between the versions approved by the
two chambers, a conference committee58 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.
- The bill is enrolled when printed as finally approved by the
Congress, thereafter authenticated with the signatures of the
Senate President, the Speaker, and the Secretaries of their
respective chambers
- A bill is introduced by any member of the congress except
for some measures which must originate only in the House
of Representatives
8. Vetoes
PRESIDENT’s VETO POWER
Sec. 27, Art. VI.
(1)Every bill passed by the Congress shall, before it becomes a law, be
presented to the President. If he approves the same, he shall sign it;
otherwise, he shall veto it and return the same with his objections to
the House where it originated, which shall enter the objections at large
in its Journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of all the Members of such House shall
agree to pass the bill, it shall be sent, together with the objections, to
the other House by which it shall likewise be reconsidered, and if
approved by two-thirds of all the Members of that House, it shall
become a law. In all such cases, the votes of each House shall be
determined by yeas or nays, and the names of the Members voting for
or against shall be entered in its Journal. The President shall
communicate his veto of any bill to the House where it originated within
thirty days after the date of receipt thereof; otherwise, it shall become a
law as if he had signed it.
When the President’s veto a bill, he shall return the same to the
Congress with a veto message.
Congress may override the veto–by 2/3 of all the Members of such
House shall agree to pass the House it shall be sent, together with the
objections, to the other House by which it shall likewise be
reconsidered, and if approved by two-thirds of all the Members of that
House, it shall become a law. No need for the President’s signature.
(2) The President shall have the power to veto any particular item or
items in an appropriation, revenue, or tariff bill, but the veto shall not
affect the item or items to which he does not object.
This is what we called LINE ITEM VETO. If it an ordinary law – it
should be veto all or none at all. But when it comes to appropriation,
revenue, or tariff bill, it can be line item vetoed. Note: Veto – Item +
Provision
POCKET VETO
This is no longer applicable in the Philippines. It was present in the
1935 Constitution. It is a legislative maneuver that allows the President
to exercise that power by taking no action. It grants the President 20
days to review, but because the Congress adjourns during this 20-day-
period it prevents the President to exercise his veto power. The bill will
not become a law.
ABSOLUTE VETO
The Head of State refuses to accent the bill; the legislature cannot do
anything about it.
NOTE: In the Philippines, we have no ABSOLUTE VETO, just
QUALIFIED VETO.
9. Power to Discipline Members of Congress
Sec. 13 (3), Art. VI. Each house may determine the rules of its
proceedings, punish its members for disorderly behavior, and with the
concurrence of 2/3 of all its members, suspend or expel a member, the
penalty of suspension when imposed shall not exceed 60 days.
NOTE: When the discipline is suspension and/or expulsion, it must be
2/3 of all its members. For discipline other than suspension and
expulsion, it’s not required to be 2/3. More so, suspension should not
be more than 60 days.
2/3 of the House of Senate is 16
2/3 of the House of Representatives depends on the current
composition of the HOR.
10. Treaty/International Agreements versus Executive
Agreements
TREATY
In the case of Bayan vs. Zamora, a treaty, as defined by the Vienna
Convention on the Law of Treaties, is "an international instrument
concluded between States in written form and governed by
international law, whether embodied in a single instrument or in two or
more related instruments, and whatever its particular designation."
Further, in this case, “there are many other terms used for a treaty or
international agreement, some of which are: act, protocol, agreement,
compromis d' arbitrage, concordat, convention, declaration, exchange
of notes, pact, statute, charter and modus vivendi.”
When it is an international instrument, concluded by two or more
independent states and governed by international, by whatever name it
is called it will be considered a treaty.
EXECUTIVE AGREEMENT is an agreement between two independent
states is also governed by international law.
DIFFERENCE OF EXECUTIVE AGREEMENT AND TREATY
The main difference is that an executive agreement is an agreement
that stems from a treaty, which fixes the details on how the treaty is to
be implemented.
Meaning, there is no executive agreement unless there is a treaty
entered into. It is confusing at first because by definition, it could have
been the same, because it is an agreement by two independent states
governed by international law. But a treaty, as opposed to an executive
agreement, will exist upon its own. Or it is the start of the relationship,
as regards that particular treaty. Whereas an executive agreement,
cannot exist unless there is a treaty which is to be implemented. The
details are to be fixed, the procedures to be agreed upon and etc., and
it will be thru that executive agreement. In international law, an
executive agreement and treaty are treated the same in terms of
effectivity or binding effect. However, an executive agreement does not
to be compliant with these requirements under the Constitution for
treaties. Because an executive agreement presupposes a treaty which
has already complied with these requirements.
11. Executive Privilege
2 TYPES OF EXECUTIVE PRIVILEGE
- Privilege by the presidential communication privilege
- Deliberative process privilege
PRESIDENTIAL COMMUNICATION PRIVILEGE
ELEMENTS:
a. The protected communication must relate to a
quintessential and non-delegable presidential power.
It’s purely an executive privilege.
Example: foreign relations
Signing of an enrolled bill
b. Communication must be authored or solicited and
received by a close advisor of the president or the
president himself.
DETERMINATION
 Proximity test
Example: Nixon case (Watergate scandal) adopted by
the Philippines (only those with close proximity to the
President or the Malacanang)
Position of Bong GO (special assistant of President
Duterte) – Close proximity with the president, close
relation.
 Organizational test
Those by reason of their position in the executive
organization has close proximity with the president
Example: In the Cabinet meeting, only the cabinet members
are allowed there and some staffs.
DELIBERATIVE PROCESS PRIVILEGE
This already applies to executive officials involved in decision making,
officials in the executive branch should have a leeway to tell you
truthfully kung ano ang gusto nilang mangyari why they disapproved in
a particular matter, etc. and for that purpose, everything they say in the
deliberation of a decision, must be kept confidential, otherwise if it is
not confidential, then they will be afraid to tell you the truth The same
with negotiations with foreign countries, you have to be candid sa
kanila na “we need this, and do this ganun “ there are certain matters
that we cannot do, etc “ and you have to be honest. The purpose of the
deliberative process privilege is to make sure that the decision-making
process, and the communications and negotiations involved is 100
percent based on honest and truthful negotations, “so that’s why its
kept confidential, to make sure that the purpose is achieved in the
deliberation of whatever decision is made by the president and the
executive decision makers.
So again, the president can claim this but all those involved in the
deliberation or the decision making can be covered by the deliberative
process privilege.
12. Role of Congress in Emergency Powers
Sec. 23, Art. VI
(1) The Congress, by a vote of two-thirds of both Houses in joint
session assembled, voting separately, shall have the sole power to
declare the existence of a state of war.
(2) In times of war or other national emergency, the Congress may, by
law, authorize the President, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and
proper to carry out a declared national policy. Unless sooner withdrawn
by resolution of the Congress, such powers shall cease upon the next
adjournment thereof.
Paragraph 1 refers to the legislative power to declare the existence of
a state of war. If you remember the discussion before, this power is not
to declare an aggressive war but a defensive war. It is when another
country is already declaring war against us. They would just declare a
state of war.
Paragraph 2: In connection with paragraph 1, when congress declares
a state of war, it also has the power to create a law which grants the
president or anybody with emergency power, to deal with the state of
war or state of emergency.
Under section 23 No. 2, national emergency is not defined, it can be
any in all possible national emergency. However, the emergency
power granted here is granted by congress. It does not flow from the
declaration only of a state of war or state of national emergency. There
should be a law which will define, restrict and prescribe how the
emergency powers will be exercised.
13. Enrolled Bill Doctrine and Journal Entry Rule
ENROLLED BILL THEORY
The Senate President and the Speaker of the House signs the bill
allegedly passed by both houses and certified by the secretaries of the
respective Houses and is submitted to the President for signature. It is
a conclusive (no other evidence which can be present that the
procedure was not done or bypassed) due enactment. Whatever is the
final form signed and certified for the signature of the president is
conclusive of its contents and due execution of that bill.
JOURNAL ENTRY RULE
- Opposed to the concept of the enrolled bill
- Purpose of determining the date of adjournment
- Also talks about conclusiveness like the enrolled bill
- It is conclusive to the matter that are required to be entered
to the journal
- And to other matters in the absence of evidence to the
contrary the journals have also been accorded with
conclusive effect
MATTERS REQUIRED TO BE ENTERED IN THE JOURNAL
1. Yeas and Nays on 3rd and Final reading of a Bill
2. Veto Message of the President
3. Yeas and Nays on the repassing of a bill vetoed by the president
4. Yeas and Nays on any question at the request of 1/5 of the
members present
5. Summary proceedings
6. Such other matters which each house in its discretion may direct to
be entered in the journal
7. Votes of each member of the House of Reps in impeachment cases
JOURNAL ENTRY RULE ENROLLED BILL THEORY
shall prevail if the question is shall be consulted if the
in voting question refers to the
provision of the law
will prevail if it is required to will prevail if it is NOT
be put in the journal required to be put in the
14. Impeachment
POWER OF IMPEACHMENT
WHO ARE SUBJECT TO IMPEACHMENT?
- President
- Vice president
- Members of the SC
- Members of the constitutional commissions (COA, Civil
Service, COMELEC)
- Ombudsman
GROUNDS (Sec. 2, Art. XI)
- Culpable violation of the Constitution;
- Treason;
- Bribery;
- Graft and corruption;
- Other high crimes; or
- Betrayal of public trust.
NOTE: The list of impeachable officers is exclusive and the list on the
grounds for impeachment are also limited.
PROCEDURE FOR IMPEACHMENT
Sec. 3, Art XI
(1) The House of Representatives shall have the exclusive power to
initiate all cases of impeachment.
(2) A verified complaint for impeachment may be filed by any Member
of the House of Representatives or by any citizen upon a resolution or
endorsement by any Member thereof, which shall be included in the
Order of Business within ten session days, and referred to the proper
Committee within three session days thereafter. The Committee, after
hearing, and by a majority vote of all its Members, shall submit its
report to the House within sixty session days from such referral,
together with the corresponding resolution. The resolution shall be
calendared for consideration by the House within ten session days
from receipt thereof.
(3) A vote of at least one-third of all the Members of the House shall be
necessary either to affirm a favorable resolution with the Articles of
Impeachment of the Committee, or override its contrary resolution. The
vote of each Member shall be recorded.
(4) In case the verified complaint or resolution of impeachment is filed
by at least one-third of all the Members of the House, the same shall
constitute the Articles of Impeachment, and trial by the Senate shall
forthwith proceed.
(5) No impeachment proceedings shall be initiated against the same
official more than once within a period of one year.
(6) The Senate shall have the sole power to try and decide all cases of
impeachment. When sitting for that purpose, the Senators shall be on
oath or affirmation. When the President of the Philippines is on trial, the
Chief Justice of the Supreme Court shall preside, but shall not vote. No
person shall be convicted without the concurrence of two-thirds of all
the Members of the Senate.
CONSEQUENCE OF IMPEACHMENT
Sec. 3 (7), Art. XI. Judgment in cases of impeachment shall not extend
further than removal from office and disqualification to hold any office
under the Republic of the Philippines, but the party convicted shall
nevertheless be liable and subject to prosecution, trial, and punishment
according to law.
15. Doctrine of Non-Delegation of Legislative Power and its
exceptions
IMPLIED SUBSTANTIVE LIMITATION
 The doctrine of non-delegation of powers; applicable to all
branches; whenever the sovereign power of the state has
been located or given to a certain authority, there it must
remain and by that constitutional agency alone the laws must
be made until the constitution itself is changed
EXCEPTIONS OF NON-DELEGATION
- Delegations to the President of legislative power (Section
23(2) and Section 28 Article VI).
- Delegation to the people (Section 32 Article VI)
- Delegation to the local government (Section 5 Article XI and
Section 10 Article X)
- Subordination legislations/ delegated rule making
This is the most subject matter of most Supreme Court cases on
delegation of legislative power. So, this includes the subordinate
legislation or the subordinate rule making. This includes rule making
per se. It includes the promulgating of rules and regulations passed by
congress.
16. Legislative Power
LEGISLATIVE POWER is generally described as the power to make
laws and to subsequently alter, amend, and repeal them.
LEGISLATIVE POWER IS PLENARY
All that is considered to be legislative power is the plenary legislative
power of any legislative body. Constitution limits the extensive power
making laws Legislative body, ideally, can make any law on whatever
subject matter for the government of a body politic, however because
of our Constitution there are certain limitations on what laws can be
made by our legislative body, or what requirements are necessary for
making certain laws (ex. Appropriation laws, tax laws, etc.)
CONCEPT OF GENERAL PLENARY POWER
Plenary or general power is defined as those powers which are not
enumerated but exists by virtue of the existence of such power. A
legislative body is considered to have all legislative power that
humankind can think of.
NOTE: For Legislative Power, it is whatever necessary power that a
legislative body should have in order to create laws.
AUXILLIARY LEGISLATIVE POWER
Part of the General Plenary Powers which is not necessarily legislative
but are powers which are connected with or closely related with the
General Plenary Powers such that the Plenary powers of the legislative
body cannot be done efficiently without these auxiliary powers; it is a
power which supports and enhances the General Plenary Power of the
legislative body.
17. Prohibitions for Members of Congress
INCOMPATIBLE OFFICE
Sec 13, Art. VI. No Senator or Member of the House of
Representatives may hold any other office or employment in the
Government, or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their
subsidiaries, during his term without forfeiting his seat. Neither shall he
be appointed to any office which may have been created or the
emoluments thereof increased during the term for which he was
elected.
- It is the concept of incompatible office, if you are a member of
Congress, you can’t have any other Government position.
“If you want to be appointed in another Government office, you should
vacate your position in Congress.
Exception: you can hold another public office when the law specifically
provides for you to hold that public office. Or only in an ex officio
capacity or as an incident of your primary position as member of the
Congress.
FORBIDDEN OFFICE
- Second sentence of Section 13. Article 6: Neither shall he be
appointed to any office which shall
“Concept sa forbidden office, even if you forfeit your seat in congress,
you can’t be appointed duon sa forbidden office are those created
during his term in congress or yung mga salaries were increased
during his time.
If he forfeits his seat, then he losses both.
Difference ng Incompatible Office, allowed siya so long as he forfeits
his seat. Sa Forbidden, absolutely, di siya maka seat. Parang he
intentionally created that office para maupo siya duon. Also the
increase in the salary”
OTHER PROHIBITIONS OF CONGRESS
Sec 14, Art VI. No Senator or Member of the House of
Representatives may personally appear as counsel before any court of
justice or before the Electoral Tribunals, or quasi-judicial and other
administrative bodies. Neither shall he, directly or indirectly, be
interested financially in any contract with, or in any franchise or special
privilege granted by the Government, or any subdivision, agency, or
instrumentality thereof, including any government-owned or controlled
corporation, or its subsidiary, during his term of office. He shall not
intervene in any matter before any office of the Government for his
pecuniary benefit or where he may be called upon to act on account of
his office.
- May not appear as counsel;
- Having any financial interest in any contract or franchise by
the government applicable only during his term;
- Should not intervene with any matter for his pecuniary
benefit.
18. Power to declare a state of war
Sec. 23, Art. VI
(1) The Congress, by a vote of two-thirds of both Houses in joint
session assembled, voting separately, shall have the sole power to
declare the existence of a state of war.
(2) In times of war or other national emergency, the Congress may, by
law, authorize the President, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and
proper to carry out a declared national policy. Unless sooner withdrawn
by resolution of the Congress, such powers shall cease upon the next
adjournment thereof.
Paragraph 1 refers to the legislative power to declare the existence of
a state of war. If you remember the discussion before, this power is not
to declare an aggressive war but a defensive war. It is when another
country is already declaring war against us. They would just declare a
state of war.
Paragraph 2: In connection with paragraph 1, when congress declares
a state of war, it also has the power to create a law which grants the
president or anybody with emergency power, to deal with the state of
war or state of emergency.
Under section 23 No. 2, national emergency is not defined, it can be
any in all possible national emergency. However, the emergency
power granted here is granted by congress. It does not flow from the
declaration only of a state of war or state of national emergency. There
should be a law which will define, restrict and prescribe how the
emergency powers will be exercised.
19. Considerations as to Appropriations and tax bills
APPROPRIATIONS LAW
Sec. 22, Art. VII. The President shall submit to the Congress, within
thirty days from the opening of every regular session as the basis of
the general appropriations bill, a budget of expenditures and sources of
financing, including receipts from existing and proposed revenue
measures.
“In creating an appropriation law, it usually starts in the executive
branch. The budgeting is done by the president. Under Section 22, we
have the requirements. It is a makapal na budget dapat merong item of
appropriation and kung magkano and the president shall also provide
aside from already existing finances, other receivables of the
government. Just like interest rates or other sources of financing just
like bills on tax. The president will usually give congress a copy of the
proposed bill on getting that revenue.”
Sec. 24, Art. VI. 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.
“The legislation process, mag start talaga siya sa house. Just it
originates, the house bill that has been passed will control. The
congress can adopt the entire house bill or totally ignore it and propose
an amendment as a whole because that’s how the legislative process
in a bicameral congress works. Once it is the time for the upper house
to make a legislation, they can totally change it. Which is why they
having the compromise.”

TAX LAWS

[Section 28, Article VI; Section 4(3) and (4), Article XIV]
Sec 28. (1) The rule of taxation shall be uniform and equitable. The
Congress shall evolve a progressive system of taxation.

EQUITABLE
It means that you are not overly burdened with the tax imposed. This
guideline is a limitation or a guide for congress although they can take
away your money but not burden you.

TAX
Tax is necessary so that the government can function.

PROGRESSIVE SYSTEM OF TAXATION

As your liability increases, your tax also increases. It is proportional to
what you have or capable of paying.

(2) The Congress may, by law, authorize the President to fix within
specified limits, and subject to such limitations and restrictions as it
may impose, tariff rates, import and export quotas, tonnage and
wharfage dues, and other duties or imposts within the framework of the
national development program of the Government.

TARIFF RATES
Tariff Rates are those exported through the customs.
(i.e. import and export taxes)

EXPORT QUOTAS
e.g. amount of agricultural products that can be exported.
Congress may delineate quota but this can be changed based on the
President’s discretion provided the changes are also provided in the
law.
This is an exemption to the rule that taxation is primarily and
exclusively a legislative prerogative. Based on the provisions and
conditions provided on these provisions, the President may fixed
certain rates limited only to revenue making schemes that the
President has the option to adjust.

(3) Charitable institutions, churches and parsonages or convents

appurtenant thereto, mosques, non-profit cemeteries, and all lands,
buildings, and improvements, actually, directly, and exclusively used
for religious, charitable, or educational purposes shall be exempt from
taxation.