Section 17: THE ELECTORAL TRIBUNAL

The Senate and the House shall each have an Electoral Tribunal which shall be composed of:
1. 3 Supreme Court Justices to be designated by the Chief Justice; &
2. 6 Members of the Senate or House, as the case may be.

The senior Justice in the Electoral Tribunal shall be its Chairman.

Note: The congressional members of the ET’s shall be chosen on the basis of proportional representation from the
political parties and party-list organizations.

Jurisdiction:

1.)    Each ET shall be the sole judge of all CONTESTS relating to the election, returns, and qualifications of their
respective members.  This includes determining the validity or invalidity of a proclamation declaring a particular
candidate as the winner.

2.)    An ‘election contest’ is one where a defeated candidate challenges the qualification and claims for himself the
seat of a proclaimed winner.

3.)    In the absence of an election contest, the ET is without jurisdiction.  However, the power of each House to expel
its own members or even to defer their oath-taking until their qualifications are determined may still be exercised
even without an election contest.

Issues regarding the Electoral Tribunals:

1.)    Since the ET’s are independent constitutional bodies, independent even of the House from which the members
are respectively taken, neither Congress nor the Courts may interfere with procedural matters relating to the functions
of the ET’s, such as the setting of deadlines or filing their election contests with the respective ETs.

2.)    The ETs being independent bodies, its members may not be arbitrarily removed from their positions in the
tribunal by the parties which they represent.  Neither may they be removed for not voting according to party lines,
since they are acting independently of Congress.

3.)    The mere fact that the members of either the Senate or the House sitting on the ET are those which are sought to
be disqualified due to the filing of an election contest against them does not warrant all of them from being
disqualified from sitting in the ET.  The Constitution is quite clear that the ET must act with both members from the SC
and from the Senate or the House.  If all the legislator-members of the ET were to be disqualified, the ET would not be
able to fulfill its constitutional functions.

4.)    Judicial review of decisions of the ETs may be had with the SC only insofar as the decision or resolution was
rendered without or in excess of jurisdiction or with grave abuse of discretion constituting denial of due process.

Section 18: THE COMMISSION ON APPOINTMENTS

Composition:

1.)    Senate President as ex-officio chairman;

2.)    12 Senators; and

3.)    12 Members of the House.

Note: The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the political
parties and party-list organizations.

Voting/Action

1.)    The chairman shall only vote in case of a tie.

2.)    The CoA shall act on all appointments within 30 session days from their submission to Congress.

3.)    The Commission shall rule by a majority vote of all the Members.
Jurisdiction

1.)    CoA shall confirm the appointments by the President with respect to the following positions:

1. Heads of the Executive Departments (except if it is the Vice-President who is appointed to the post).
2. Ambassadors, other public ministers or consuls.
3. Officers of the AFP from the rank of Colonel or Naval Captain: and
4. Other officers whose appointments are vested in him by the Constitution (e.g. COMELEC members).

2.)    Congress CANNOT by law prescribe that the appointment of a person to an office created by such law shall be
subject to confirmation by the CoA.

3.)    Appointments extended by the President to the above-mentioned positions while Congress is not in session shall
only be effective until disapproval by the CA or until the next adjournment of Congress.

Meetings of the CoA

1.)    CA meets only while Congress is in session.

2.)    Meetings are held either at the call of the Chairman or a majority of all its members.

3.)    Since the CA is also an independent constitutional body, its rules of procedure are also outside the scope of
congressional powers as well as that of the judiciary.

Note:  The ET and the CoA shall be constituted within 30 days after the Senate and the House of Representative shall
have been organized with the election of the President and the Speaker.

Sections 21-22: LEGISLATIVE INQUIRIES

Scope:
1. Either House or any of their committees may conduct inquires ‘in aid of legislation’.
2. “In aid of legislation” does not mean that there is pending legislation regarding the subject of the inquiry.  In
fact, investigation may be needed for purposes of proposing future legislation.
3. If the stated purpose of the investigation is to determine the existence of violations of the law, the
investigation is no longer ‘in aid of legislation’ but ‘in aid of prosecution’.  This violates the principle of
separation of powers and is beyond the scope of congressional powers.
Enforcement:
1. Since experience has shown that mere requests for information does not usually work, Congress has the
inherent power to punish recalcitrant witnesses for contempt, and may have them incarcerated until such time
that they agree to testify.
1. The continuance of such incarceration only subsists for the lifetime, or term, of such body.  Once the body
ceases to exist after its final adjournment, the power to incarcerate ceases to exist as well.  Thus, each
‘Congress’ of the House lasts for only 3 years.  But if one is incarcerated by the Senate, it is indefinite because
the Senate, with its staggered terms, is a continuing body.
1. BUT, in order for a witness to be subject to this incarceration, the primary requirement is that the inquiry is
within the scope of Congress’ powers. i.e. it is in aid of legislation.
1. The materiality of a question is determined not by its connection to any actually pending legislation, but by its
connection to the general scope of the inquiry.
1. The power to punish for contempt is inherent in Congress and this power is sui generis.  It cannot be exercised
by local government units unless they are expressly authorized to do so.
Limitations:
1. The inquiry must be conducted in accordance with the ‘duly published rules of procedure’ of the House
conducting the inquiry; and
1. The rights of persons appearing in or affected by such inquiries shall be respected.  Ex. The right against self-
incrimination.
Appearance by department heads before Congress:
1. Since members of the executive department are co-equals with those of the legislative department, under the
principle of separations of powers, department heads cannot be compelled to appear before Congress.  Neither
may the department heads impose their appearance upon Congress.
1. Department heads may appear before Congress in the following instances.
1. Upon their own initiative, with the consent of the President (and that of the House concerned); or
1. Upon the request of either House (which cannot compel them to attend)
 1. The appearance will be conducted in EXECUTIVE SESSION when:
1. Required by the security of state or required by public interest; and
2. When the President so states in writing
Sections 23-24.  DECLARATION OF WAR/EMERGENCY POWERS
Vote requirement:  (to declare the existence of a state of war)
1. 2/3 of both Houses, in joint session
2. Voting separately
Emergency powers:
1. During times of war or other national emergency, Congress may, BY LAW, authorize the President to exercise
powers necessary and proper to carry out a declared national policy.
1. Limitations:
1. Powers will be exercised for a limited period only; and
2. Powers will be subject to restrictions prescribed by Congress
1. Expiration of emergency powers
1. By resolution of Congress or
2. Upon the next adjournment of Congress
Sections 24-27, 30-31 LEGISLATION
Bills that must originate from the House of Representatives (Section 24)   
CODE: A R T Pu Lo P
1. Appropriation bills
2. Revenue bills
3. Tariff bills
4. Bills authorizing the increase of public debt
5. Bills of local application
6. Private bills

Note:  The Senate may, however, propose or concur with amendments.

Appropriation bills
1. The primary and specific aim of an appropriation bill is to appropriate a sum of money from the public
treasury.
1. Thus, a bill enacting the budget is an appropriations bill.
1. BUT:  A bill creating a new office, and appropriating funds therefor is NOT an appropriation bill.
Revenue Bill
1. A revenue bill is one specifically designed to raise money or revenue through imposition or levy.
1. Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance, the Videogram Regulatory
Board law imposing a tax on video rentals does not make the law a revenue bill.
Bills of local application

A bill of local application, such as one asking for the conversion of a municipality into a city, is deemed to have
originated from the House provided that the bill of the House was filed prior to the filing of the bill in the Senate even
if, in the end, the Senate approved its own version.

Limitations:
1. For appropriation bills:
1. Congress cannot increase the appropriations recommended by the President for the operation of the
Government as specified in the budget.
1. Each provision or enactment in the General Appropriations Bill must relate specifically to some particular
appropriation therein and any such provision or enactment must be limited in its operation to the appropriation
to which it relates.
1. The procedure in approving appropriations for Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.
1. A special appropriations bill must specify the purpose for which it is intended and must be supported by funds
actually available as certified by the National Treasurer or to be raised by a corresponding revenue proposal
therein.
1. Transfer of appropriations:
1. Rule:  No law shall be passed authorizing any transfer of appropriations
2. BUT the following 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

–          President
–          President of the Senate

–          Speaker of the House of Representatives

–          Chief of Justice of the Supreme Court

–          Heads of the Constitutional Commissions

1. Discretionary funds appropriated for particular officials shall be:

1. Disbursed only for public purposes;
2. Should be supported by appropriate vouchers; and
3. Subject to guidelines as may be prescribed by law.
1. If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year:

i.  The GAB for the previous year is deemed reenacted

ii.  It will remain in full force and effect until the GAB is passed by Congress.

1. For law granting tax exemption

It should be passed with the concurrence of a MAJORITY of ALL the members of Congress.

1. For bills in general

1. Every bill shall embrace only one (1) subject, as expressed in the title thereof

i.          As a mandatory requirement

ii.         The title does not have to be a complete catalogue of everything stated in the bill.  It is sufficient if the title
expresses the general subject of the bill and all the provisions of the statute are germane to that general subject.

iii.        A bill which repeals legislation regarding the subject matter need not state in the title that it is repealing the
latter.  Thus, a repealing clause in the bill is considered germane to the subject matter of the bill.

1. Readings
1. In order to become a law, each bill must pass three (3) readings in both Houses.
2. General rule: Each reading shall be held on separate days & printed copies thereof in its final form shall be
distributed to its Members three (3) days before its passage.
3. Exception:  If a bill is certified as urgent by the President as to the necessity of its immediate enactment to
meet a public calamity or emergency, the 3 readings can be held on the same day.
4. First reading – only the title is read; the bill is passed to the proper committee

Second reading – Entire text is read and debates are held, and amendments introduced.

Third reading – only the title is read, no amendments are allowed.  Vote shall be taken immediately thereafter and the
yeas and nays entered in the journal.

Veto power of President:

1. Every bill, in order to become a law, must be presented to and signed by the President.
1. If the President does not approve of the bill, he shall veto the same and return it with his objections to the
House from which it originated.  The House shall enter the objections in the Journal and proceed to reconsider
it.
1. The President must communicate his decision to veto within 30 days from the date of receipt thereof.  If he
fails to do so, the bill shall become a law as if he signed it.
1. This rule eliminates the ‘pocket veto’ whereby the President would simply refuse to act on the bill.

1. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass the bill.   In such
case, the veto is overriden and becomes a law without need of presidential approval.
1. Item veto
1. The President may veto particular items in an appropriation, revenue or tariff bill.
 1. This veto will not affect items to which he does not object.
1. Definition of item
TYPE OF BILL                                                        ITEM

1.  Revenue/tax bill                 Subject of the tax and the tax rate imposed thereon

2.  Appropriations bill             Indivisible sum dedicated to a stated purpose

1. Veto of RIDER
1. A rider is a provision which does not relate to a particular appropriation stated in the bill.
2. Since it is an invalid provision under Section 25(2), the President may veto it as an item.
Specific limitations on legislation
1. No law shall be enacted increasing the Supreme Court’s appellate jurisdiction without the SC’s advice and
concurrence.
1. No law shall be enacted granting titles of royalty or nobility.
Section 28.  POWER TO TAX
Limitations:

1)      The rule of taxation should be UNIFORM

2)      It should be EQUITABLE

3)      Congress should evolve a PROGRESSIVE system of taxation.

4)      The power to tax must be exercised for a public purpose because the power exists for the general welfare

5)      The due process and equal protection clauses of the Constitution should be observed.

Delegation of power to fix rates

1)      Congress may, BY LAW, authorize the President to fix the following:

a)      Tariff rates

b)      Import and Export Quotas

c)      Tonnage and wharfage dues

d)     Other duties and imposts

Within the framework of the national development program of the Government

2)      The exercise of such power by the President shall be within the specified limits fixed by Congress and subject to
such limitations and restrictions as it may impose.

Constitutional tax exemptions:

1)      The following properties are exempt from REAL PROPERTY taxes

(CODE: Cha Chu M- CA)

a)      Charitable institutions

b)      Churches, and parsonages or convents appurtenant thereto

c)      Mosques

d)     Non-profit cemeteries; and

e)      All lands, buildings and improvements actually, directly and exclusively used for religious, charitable, or
educational purposes.
2)      All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from taxes and duties
PROVIDED that such revenues and assets are actually, directly and exclusively used for educational purposes.  (Art. XIV
Sec 4 (3))

3)      Grants, endowments, donations or contributions used actually, directly and exclusively for educational purposes
shall be exempt from tax.  This is subject to conditions prescribed by law.  (Art. XIV. Sec 4 (4))

Section 29.  Power of the Purse

1)      No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation made by law.

a)      This places the control of public funds in the hands of Congress.

b)      BUT:  This rule does not prohibit continuing appropriations. e.g. for debt servicing.  This is because the rule does
not require yearly, or annual appropriation.

2)      Limitations.

a)      Appropriations must be for a PUBLIC PURPOSE

b)      Cannot appropriate public funds or property, directly or indirectly, in favor of

(i)                 Any sect, church, denomination, or sectarian institution or system of religion or

(ii)               Any priest, preacher, minister, or other religious teacher or dignitary as such.

EXCEPT if the priest, etc is assigned to:

–          the Armed Forces; or

–          any penal institution; or

–          government orphanage; or

–          leprosarium

c)      BUT the government is not prohibited from appropriating money for a valid secular purpose, even if it
incidentally benefits a religion, e.g. appropriations for a national police force is valid even if the police also protects
the safety of clergymen.

d)     ALSO, the temporary use of public property for religious purposes is valid, as long as the property is available for
all religions

3)      Special Funds

a)      Money collected on a tax levied for a special purpose shall be treated as a special fund and paid out for such
purpose only.

b)      Once the special purpose is fulfilled or abandoned, any balance shall be transferred to the general funds of the
Government

Section 32.  INITIATIVE AND REFERENDUM

1)      Through the system of initiative and referendum, the people can directly propose and enact laws or approve or
reject any act or law or part thereof passed by the Congress or local legislative body.

2)      Required Petition

a)      Should be signed by at least 10% of the total number of registered voters

b)      Every legislative district should be represented by at least 3% of the registered voters
c)      Petition should be registered