Article VI Legislative Department

Legislative Power
 is essentially the authority of the government to enact laws, repeal, or amend them as well.
 Legislative power in the Philippines is vested in the Congress, which consists of bicameral
structure, namely: the Senate and the House of Representative
Law
 as used previously, refers to the statutes which are the written enactments of the legislature
governing the relations of the people among themselves or between them and the
government and its agencies.
Functions of laws

 Through laws, the legislative defines the rights and duties of citizens, imposes taxes,
appropriates funds, defines crimes and provides for their punishment, creates and abolishes
government offices, determines their jurisdiction and functions, and in general, regulates
human conduct and the use of property for the promotion of the common good.

Under the 1987 Constitution, the power to make, propose or amend laws is also extended to the
people, in whom sovereignty resides, through the mechanisms of initiative and referendum.

 By Initiative, we mean that the authority is reserved to the people through direct
participation of the electorate in law-making processes, either national or local level.

 By Referendum, it means the process in which the people are referred directly on any
question of law passed by Congress or a local legislative body for their approval or rejection.

Scope and Classification of the Powers of Congress

1. General Legislative Power

A general legislative power of Congress is usually undefined by the Constitution. This power
refers to the overall authority to enact laws for the people and the State, unless the Constitution
itself limits the subject matter on which it may legislate.

2. Specific Powers

They are powers which the Constitution expressly directs or authorizes Congress to exercise.

Among the specific powers of Congress as mandated by the Constitution are:

a. Power to declare the existence of the state of war. (Art. VI, Section 23 {1});

b. Power to delegate emergency powers to the President. (Art VI, Sec. 23 {2});

c. Power to Appropriation (Art. VI, Sec 24-25);

d. Power to Taxation (Art. VI, Sec 28 {1-2});

e. e. Power to concur in treaties through the Senate and the House of Representatives (Art. VII,
Sec 21);

f. f. Power to concur the grant of Amnesty (Art. VII, Sec. 19); and
g. Power to act as Board of Canvassers for Presidential and Vice-Presidential elections (Art VI,
Sec. 4)

3. Implied Powers

From the meaning itself, implied powers are those authority enjoyed by the
legislature to effectively exercise its constitutionally granted powers, like the power to
conduct investigation in aid of legislation (Sec 21), or to determine the rules of its
proceedings (Sec. 16 {3})

4. Generally Non-Delegable Powers

These are powers that are essentially inherent in the Congress, which need no
legislation or constitutional grant to that effect. These fundamental powers of the State are
taxation, eminent domain, and police power.

Composition of Congress

The Senate

(1) Composition and election

It is composed of 24 Senators. They are elected at large (nationwide) by the qualified

voters, as may be provided by law (Sec. 2). Unless otherwise provided by law, the regular
election of Senators shall be held on the second Monday of May (Sec. 8)

(2) Term of office

It is six (6) years. It shall commence, unless otherwise provided by law, at noon on
th
the 30 day of June next following election (Sec. 4, par. 1). The Constitution has a similar
provision with respect to the President and Vice-President except that the hour and date of
commencement of their term of office cannot be changed by law.

(3) Qualifications

A Senator must be:

(a) a natural-born citizen of the Philippines;

(b) at least 35 years of age on the day of the election (i.e., day of the balloting);

(c) able to read and write;

(d) a registered voter; and

(e) a resident of the Philippines for not less two (2) years immediately preceding the
day of the election (Sec. 3)

(4) Maximum of terms

 In line with the state policy on equal access to opportunities for public service and
against political dynasties (Art II, Sec. 6), a Senator is disqualified to serve for more than two
(2) consecutive terms (Sec.4, par. 2)

The House of Representatives

(1) Composition and election/selection

It is composed of not more than 250 members popularly known as “Congressmen”.

They are elected from legislative or congressional districts and through a party-list system.
The party-list representatives are filled by selection or election from the labor, peasant, etc.
and other sectors as may be provided by law, except religious sector (Sec. 5[1]).

Unless otherwise provided by law, the regular election of the members of the House
of Representatives shall be held on the second Monday of May (Sec. 8).

(2) Terms of office

It is three (3) years, to begin also, unless otherwise provided by the law, at noon on
the 30th day next following election (Sec. 7, par. 1).

(3) Qualifications

A representative must be:

(a) a natural-born citizen of the Philippines;

(b) at least 25 years of age on the day of the election

(c) able to read and write;

(d) except for a party-list representative, a registered voter in the district in which he
shall be elected; and

(e) a resident thereof for a period of not less than one (1) year preceding the day of
the election (Sec. 6)

(4) Maximum terms

The provisions are the same as those for Senators except that the limit is for not
more than three (3) consecutive terms (Sec. 7, par. 2)

Term of Office and Tenure of Office

A term of office refers to the fixed period of service when an elected official may validly keep
his post. The term of office is usually specified by the law.

A tenure of office, on the other hand, refers to the actual period of service when an elected
official holds the office. Say, a congressman has resigned halfway his term, this is not
considered as an interruption, but the service is still regarded his full term or his actual
tenure. Thus, tenure is the actual incumbency.
 Party List System

The purpose of party list system is to bring the government closer to people and
assure that the democracy really works in our society. Party list representative system is a
device of balancing the representation in the election of the members to the House of
Representatives from marginalized or under represented national, regional, and sectoral
parties or organizations duly recognized by the COMELEC. Only organized and duly
registered parties with the COMELEC may participate instead of individual candidates. These
are:

a. Sectoral Parties

These refer to organized groups of citizens whose principal advocacy concerns and
special interests are in these sectors, namely: labor, peasant, urban poor, indigenous
communities, veterans, and elderly.

b. Sectoral Organizations

These organizations are groups of qualified voters bound together by similar

physical attributes or characteristics or by employment, interests, or concerns.

c. Political Parties

These are organized groups of qualified voters pursuing the same ideology, political
ideas, and principles for general conduct of the government.

d. Coalitions

Coalitions refer to aggregations of duly registered national, regional, sectoral parties,

or organizations for political and/or electoral purposes.

Qualifications of a Party List Nominee

1. A natural-born citizen of the Philippines;

2. A registered voter;

3. A resident of the Philippines for a period of not less than one (1) year immediately preceding
the election day;

4. Able to read and write;

5. A bona fide member of the party he seeks to represent for at least ninety (90) days
preceding the election day;

6. A nominee shall come from a disadvantage group of citizens which are organized and duly
registered to the COMELEC; and

7. At least twenty-five (25) years of age on the Election Day.

In case of the youth sector, a nominee must be at least 25, but not 30 years of age on the
date of election.

Party list representatives are considered elected members of the lower chamber, and as
such, enjoy the same rights, salaries, and emoluments as regular members of the House.
They shall serve for three (3) year term with the maximum of three (3) consecutive or
successive terms.

Vacancy in Congress

RA 6645 provides for “An Act Prescribing the Manner of Filling A Vacancy in the
Congress of the Philippines”, signed into a law by then President Aquino on December 1987.

In case of vacancy arising in the Senate at least 18 months or in the House of

Representatives at least one year before the next regular election for members of Congress,
the COMELEC upon receipt of certification of vacancy, shall call for special election. The
Senator or Member of the House of Representatives thus elected shall serve only for the
unexpired term.

The election shall not be earlier than 45 days nor later than 90 days from the date of
such resolution.

Termination of Members of Congress

1. Voluntary renunciation of the office (Art. VI, Sec. 7 [21]);

2. Forfeiture of seat of a member in Congress during incumbency, in case when he or she

keeps another office or employment in the government or any subdivision, agency, or
instrumentality thereof, including government-owned or controlled corporation or
subsidiaries (Sec. 13);

3. A penalty of suspension may serve a member of the Congress for disciplinary action as
determined by each House’s rules proceeding (Sec. 16{3}). Congress can punish any of its
members for disorderly conduct;

4.An Electoral Tribunal, through a resolution, may disqualify a member of Congress in

election contest (Sec. 17);
5. By means of resignation, death, incapacity, or conviction which carries a penalty of
disqualification to hold office.

Compensation of Members of Congress

The salaries of the members of both Houses are fixed by law; it may be increased,
but the effectivity of such shall only be given to the members after the full term of their
respective offices has elapsed. However, no decrease of salary of members can be allowed,
as they are entitled to the right to salary. Art. XVIII, Sec. 17 reads, “The President of the
Senate and the Speaker of the House shall receive an annual salary of P 240,000, and the
Senators and the members of the House of Representatives shall receive P204,000 each per
year…”
 Rights and Privileges of Members of Congress

The Constitutional rights and privileges of members of Congress shall include the
following:

1. Right to salary;

2. Freedom of speech and debate without question;

3. Freedom from arrest while the Congress is in session, except when the offense of which a
member is charged is punishable by more than six years imprisonment; and

4. Parliamentary immunity. The aim of this privilege is to facilitate that members of Congress
can Effectively discharge their functions without previous restraints.

Power of Congress

1. Over and above, the power to make laws and to pass resolutions;

2. To approve appointments made by the President through Commission of Appointments;

3. To decide cases of electoral protest involving its members through an Electoral Tribunal;

4. To declare the existence of a state of war by 2/3 votes of both Houses, voting
independently;

5. To ratify treaties upon 2/3 votes of all members of Congress, voting separately;

6. To grant the President emergency powers in times of war and national distress;

7. To provide for the rules of presidential succession should the speaker of the House fails to
qualify;

8. To concur to a grant of amnesty by the President;

9. To exercise the power to override the veto power of the President;

10. To hear and decide cases of impeachment against high officials;

11. To exercise the power to amend or revise the Constitution;

12. To prescribe, define, and apportion the jurisdiction of lower courts;

13. To determine or apportion seats of Legislative districts;

14. The power to tax and levy impositions;

15. To determine the disability of the President and the Vice-President;

16. To break a knot on case when there is a tie for the position of President of the Republic;

17. To cancel or extend Martial Law;

 18. To investigate in aid of legislation;

19. To approve the annual budget of the government as prepared by the Executive;

20. To determine the rules of proceedings and more.

Parliamentary Immunities

Art. VI, Sec. 2 provides two immunities, which a member of Congress may enjoy in the
exercise of his task (while the Congress is in session). These are:

1. A Senator or a member of the House of Representatives shall be privileged from arrest while
the Congress is in session; and

2. No member shall be questioned nor be held liable in any other place for any speech or
debate in the Congress or in any committee thereof.

The privileges are personal ones and may be waived. There are, however, exemptions from
parliamentary immunities:

a. Given gravity and seriousness of the offense committed, any members of the Congress
cannot invoke immunity from arrest, when the penalty of the charge leveled against him
carries the penalty of more than six (6) years imprisonment; and

b. When a member is not acting as a member of Congress, but on his personal capacity.
Disabilities of Members of Congress

While the members of the legislative may be enjoy some constitutional and statutory grants
or privileges, they are likewise constrained by some technical disqualifications. As provided
under Art. VI, Sec.14, the prohibitions are:

1.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 administrative
bodies.

2. Any member shall not, either directly or indirectly, show financial interests in any contract
with the government or any of its agency or instrumentality thereof, including GOCCs, during
his incumbency. This includes government franchise.

3. Any member shall not intervene in any matter before any office of the government for his
own benefit.

Incompatible and Forbidden Office

By Incompatible office, we mean that no member of the Congress may hold any other office
in the government or its subdivisions, agency, or any instrumentality thereof, including
government-owned or controlled corporation, during his incumbency. A member of Legislative
cannot be appointed as a department secretary or a director of any government positions while
holding his position at the same time, not unless he resigns.
 By Forbidden office, we mean that no member of the Congress can be appointed to any office
created or the emoluments of which have been increased during the term for which he was
elected. Under art. IX-B, Sec. 8 “no elective officer or employee shall receive additional, double,
or indirect compensation unless specifically authorized by law, nor accept without the consent
of the Congress any present emolument, office or title of any kind from foreign government.”

Sessions of Congress

Art. VI, Sec. 15 reads:

“The Congress shall convene once every year on the fourth Monday of July for its regular
session, unless a different date is fixed by law, and shall continue to be in session for such
number of days as it may determine until 30 days before the opening of its next regular session,
exclusive of Saturdays, Sundays and legal holidays. The President may call a special session at
any time.”

1. Regular Session

The Congress shall meet or convene once in every year beginning on the fourth Monday of July
for its regular session, unless law fixes a different date. Once the Congress has convened, the
session continues for such duration until thirty (30) days before the opening of the next regular
session, exclusive of Saturdays, Sundays, and legal holidays.

2. Special Session

The Congress may be called upon by the President anytime to consider some urgent and
national concern. Some peculiar characteristics include:

a. Special session has no definite or fixed date. It may be called anytime;

b. Special session considers only one subject matter/agendum when Congress is convened for
the purpose;

c. Special session may also be called or convened by the Congress; and

d. Special session normally is brief and attends only to the agenda being called for.

3. Executive Session

In some rare cases, the Congress or the President may call for a secret or close door
session when matters concerning national interest are to be discussed.

Quorum and Business

Quorum is the required number of members of each House to be present in order to legally
transact a business. Each House shall determine its own quorum. The Constitution requires that the
majority of each Houses may adjourn from day to day, and may compel the attendance of absent
members in such manner, and other such penalties as each House may provide.
Both Houses shall elect their political leaders at the pleasure of their members. The Senate
shall determine its speaker by majority votes of all its respective members.
Disciplinary Behavior
Under the Constitution, each House of Congress may determine acts constituting disorderly
behavior, and whether a Member should be suspended or expelled. Each House is authorized under
its Rules to punish its member for disorderly behavior, and with the concurrence of two-thirds vote
of all kits members, suspend or expel an erring legislator. The Constitution, however, limits the
suspension to sixty days.
Internal Discipline
Internal Discipline is an inherent legislative power. The Court once said: “If the power did not
exist, it would be utterly impractible to transact the business of the nation, either at all, or at least
with decency, deliberation, and order. The humblest assembly of men to understood to posses this
power, and would absurd to deprive the councils of the nations of a like authority.”
Journal and Enrolled Bill
A journal is an official report of the legislative. It is written business, which arises from all the
legislative proceedings.
Art. VI, Sec. 16 (4)
“each House shall keep a journal of its proceedings, and from time to time publish the same,
expecting such parts as may in its judgment, affect national security, and the years and nays on any
question shall, at the request of one-fifth of the member present be entered in the journal. Each
house shall also keep a record of its proceedings.”
An enrolled bill refers to a bill which has been duly introduced, finally enacted by both
House, signed by the proper officers of each House, and approved by the President. An enrolled copy
bill is conclusive not only of its provisions, but also of its due enactment. In case of conflict between
the journal and an enrolled bill, the latter prevails over the former, save as to matter required by the
Constitution to be enacted in the journal.
Adjournment
Art. VI, Sec. 16 (5) adds, “neither the House during the session of the Congress shall without
the consent of the other, adjourn for more than three (3) days, nor to any other place than in which
the two Houses shall be sitting.”
The Organization of Electoral Tribunal
Each House shall have and Electoral Tribunal, in which shall be the sole judge of all contests
relating to the election, returns, and qualifications of their respective members. The characteristics
and composition are:
1. Each Electoral Tribunal shall be composed of nine members, three 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;
2. Membership shall be chosen on the basis of the proportional representation from the political
parties, and the parties or organizations registered under the party list system represented therein;
3. The Senior Justice in the Electoral Tribunal shall be its Chairman (Sec. 17);
4. Members enjoy security of tenure. It is co-terminus with their legislative term of service;
5. The decision arrived at by the Electoral Tribunal shall be final. It may be appealed though to the
Supreme Court on the cases or instances of certiorari, grave abuse of discretion;
6. The Electoral Tribunal shall have jurisdiction over election contests by the members of the Senate
and the House of Representatives as the case may be. Pre-proclamation concerns or issues are,
however, the jurisdiction under COMELEC.
Organization of the Commission on Appointments
The Congressional and Commission of Appointments (CA) shall approve all appointments
made by the Chief Executive to various government positions. All appointments by the President can
only be pursued upon the consent of the Commission on Appointments. The characteristics of the
Commission are as follow:
 The Commission shall consist of the President of the Senate, as ex-officio chairman, 12 Senators,
and 12 members of the House of Representatives, elected by each House on the basis of
proportional representation;
The Chairman of the Commission shall not vote, except in case of tie;
3. The Commission shall act on all appointments submitted to it within 30 sessions days of Congress
from their submission; and
4. The Commission shall rule by a majority vote of all members (Sec. 18)
Inquiries in aid of Legislation
“The Senate or the House of Representatives or any of its respective Committee, may
conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The
right of person appearing in or affected by such inquiries shall be respected” (Sec. 21). The Senate
Blue Ribbon committee is an example.
The power of inquiry and investigation exists not only to enable Congress to discharge
effectively its primarily legislative and law-making functions.
Limitations of the Investigative Power of Congress:
Inquiry shall be conducted only in aid of legislation;
The Constitutional right against self-incrimination to the person being investigated shall not be
violated;
The right to counsel shall be respected to the persons being investigated in Congress;
Each House conducting the inquiry shall publish the rules of procedure governing the investigation
and shall be made known to the person concerned; and
Such congressional inquiry shall not serve a member’s personal aggrandizement.
Question Hour
The question hour is a parliamentary feature adopted under our presidential system. The
power of Congress to call any head of a department, as its House Rules shall provide, to appear
before and be heard by the requesting.
Declaration of Existence of the State of War
Section 23 writes:
“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.
In times of war or other national emergency, the Congress may, by the law, authorize the
President, on 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 Congress, such powers shall cease upon the next adjournment thereof”
Appropriation Powers
The Administrative Code of 1987 defined appropriation as an organized made by law or
other legislative enactment, directing payment out of government funds under specified conditions
and/or for special programs. Thus, an appropriation bill aims to authorize the release of public funds
from treasury.

The following bills shall originate exclusively in the House of Representatives, but the Senate may
propose or concur with amendments:
Appropriation bills
Revenue or tariff bills
Bills authorizing increase of public debt
Bill of local application
Private bill
A General Appropriation is an annual budget, which the Congress set aside to appropriate the
expenses for the general operation of the government.
A Special Appropriation is a supplemental appropriation not contained in the budget.
A Specific Appropriation is an appropriation sets aside a fixed amount of money for the payment of
a certain program.
A Continuing Appropriation refers to the named amount of money which, when not appropriated at
the end of the fiscal year, shall automatically be accrued for the next calendar year.

Other Kinds of Appropriation

1. Tariff bill - is one that imposes revenues or customs duties for specific purposes. But, a bill
imposing high tariff rates in particular foreign goods with the purpose to protect local goods on
industries against competition is not a revenue bill.
2. Bill authorizing income of the public debt - essentially, a bill, which facilitates the government
to issue bonds and other forms of indebtedness, which will be chargeable from future public
funds.
3. Bill of local application - a bill that directly allots to local or municipal appropriation.
4. Private bill - a bill that affects purely private interests, like indemnification to a person who
suffered damages from the negligence of the government or its agency or instrumentality or
any part thereof.

General Rules of Appropriation (See Art. VI, Sec. 25)

1. The Congress may not increase the appropriations recommended by the President for the
operation of the government as specified in the budget;
2. No provision or enactment shall be embraced in the general appropriation bill, unless it relates
specifically to some parts/particular of the appropriation therein;
3. The procedures in approving appropriations for the Congress shall strictly follow the procedure
for approving appropriations for other departments and agencies;
4. A special appropriation bill shall specify the purpose for which it is intended, and shall be
supported by funds actually available;
5. No law shall be passed authorizing any transfer of appropriation, except otherwise provided by
law (Sec. 25{5})
6. Discretionary funds appropriated for particular offices or officers shall be disbursed only for
public use; and
7. if, at the end of any fiscal year, the Congress shall have failed to pass the general appropriations
bill for the ensuring fiscal year, the general appropriation laws for the preceding fiscal year shall be
deemed re-enacted.
Budget
-refers to the financial statement or record of the central government for an incoming fiscal
year, including the statements of the projected receipts from revenue collections and expenditures
for the year.
Rider
-is prohibited under the Constitution. A rider is a loose provision or enactment being
inserted in the general appropriations bill, which does not form integral part of certain appropriation
contained therein.
Passage of a Bill
A bill is essentially a proposed law by the legislative department. Each house may propose a bill,
when the House of Representatives proposes one, it shall be called a House Bill, and when the
Senate initiates a proposal, it shall be called a Senate Bill.
The Hodge-podged legislation refers to any proposed measure consisting of general or more
unrelated subjects, but are integrated in the proposal in order to guarantee support from members
of the Congress. The avoidance of logrolling legislation is to ensure enough consideration and
support from the members in regard to the passage of a bill into law.

The passage of a bill into law follows strictly the procedures:

1. First Reading
2. Second Reading
3. Floor Debates
4. Printing and Distributions
5. Third Reading
6. Transmitted to the Other House
7. Submission to Joint Bicameral Committee
8. Approval of Consolidated Bill by Both Houses
9. Submission to the President
10. Veto Power of the President

A. Veto Power of the President

Particularly:
a. Every bill must be presented and approved by the President;
b. In case, the President disapproves a bill, he exercises veto power and returns it, with his
objection, to the House where it originated;
c. In case the House, after such deliberation, considered the bill as proposed, a 2/3 vote may carry
its power to override the veto.

Component Parts of a Law

1. Title – refers to the subject matter of the law, or the Act carried by the legislative department,
and the executive as well.
2. Preamble – introduces the objectives for the enactment of the Act and explains the general
reasons for such legislation.
3. Enacting Clause – refers to the collective and distinct will of both Houses to enact an act or a
bill. Enacting clause specifically states the reason for the legislation Act.
4. Body – pertains to the total substance or content of the proposed bill.
5. Effectivity Clause – indicates the time at which the law shall take effect. Usually, a law will be
enforced next following the next 15-day publication requirement in a newspaper of general
circulation in the Philippines or in the Official Gazette, not unless a date is fixed as to its effectivity.

Title….
HOUSE BILL NO. 5043
AN ACT PROVIDING FOR A NATIONAL POLICY ON REPRODUCTIVE HEALTH, RESPONSIBLE
PARENTHOOD AND POPULATION DEVELOPMENT, AND FOR OTHER PURPOSES
Enacting Clause
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
Effectivity Clause
SEC. 27. Effectivity. – This Act shall take effect fifteen (15) days after its publication in at least two (2)
newspapers of national circulation.

Taxation
is a means of raising funds for the operation of the government, especially its public services. The
distribution of the tax burden should be equitable or fair. This means a person has to pay taxes
based on his ability to pay. Taxes should serve as tools in facilitating economic stability and growth.
Basis of Taxation
Under the Constitution, the rule of taxation (See Sec. 28) shall include the following:
1. The rule shall be uniform and equitable;
2. The taxation should be based on progressive income system;
3. The Congress may authorize the President to fix tariff rates, import and export quotas, tonnage
and wharfage dues, and other duties and imports, subject to the limitation of the Congress; and
4. 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.

Who are exempted from paying taxes?

Charitable institutions, churches and parsonages, or convents appurtenant thereto,
mosques, non-profit cemeteries, and all other facilities used for religious and educational purposes.

Limitations of the Power of Congress

1. Under Art. III based on the Bill of Rights:

a. That the Congress cannot pass laws impairing the obligations of contrast (Sec. 10)
b. That no law shall impair the freedom of speech, of press, and of expression (Sec. 10)
c. That no law shall be made respecting an establishment of religion or prohibiting the free
exercise thereof (Sec. 5)
d. No person shall be held liable to answer for a criminal offense without due process of law (Sec. 14)
e. No person shall be imprisoned for debts or non-payment of a poll tax (Sec. 20); and
f. No ex-post facto law or bill of attainder shall be enacted (Sec. 22)

2. Under Art. VI, Sec. 29

a. Money shall be paid out the treasury, except in the punishment of an appropriation made
by law; and
b. No public money or property shall be appropriated, applied or paid, or employed, directly
or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution,
or system of religion, or any priest, preacher, minister or other preacher, minister or dignitary
assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.
3. Art. VI, Sec. 30 states: “no law shall be passed increasing the appellate jurisdiction of the Supreme
Court as provided in this Constitution without its advice and concurrence.”
4. Art. VI, Sec. 31 declares: “no law granting a royalty or nobility shall be enacted.”
5. The Congress cannot pass law granting tax exemption in the absence of the concurrence of the
majority of all members of the House.

Legislative Power of the People

The legislative department is no longer the sole body or institution, which enact laws and
pass resolutions. Under the 1987 Constitution, the people have the power to participate directly in
legislating laws through initiative and referendum.
Art. VI, Sec. 32 declares: “The Congress shall, as early as possible, provides for a system of initiative
and referendum, and exemption therefrom, whereby the people can directly propose and enact
laws or approve or reject any act or part thereof passed by the Congress or local legislative body
after the registration of a petition thereof signed by at least ten per centum of the total number of
registered voters, of which every legislative district must be represented by at least 3 per centum of
the registered voters thereof.”
The Judicial Department
Article VIII
JUDICIARY
• also known as the judicial system or 'court system) is the system of courts that interprets
and applies the law in the name of the state.
• provides a mechanism for the resolution of disputes.
 • interprets law and applies it to the facts of each case and often tasked with ensuring equal
justice under law.
• usually consists of a court of final appeal (called the "Supreme court” or "Constitutional
court"), together with lower courts.
Section 1
“The judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine whether or not
there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of the Government.”
Scope of Judicial Power
 Adjudicatory Power
◦ To settle actual controversies involving rights
◦ To determine whether there has been a grave abuse of discretion to lack or excess
of jurisdiction
 Judicial Review
◦ Interpret the law and make them binding judgements
◦ Constitutionality of the laws
 Incidental Power
◦ powers essential for the discharge of their judiciary function
Supreme Court
 Final decision maker
 Highest court of the land
Classes of Courts
 Constitutional Court
◦ Provided by the constitution
◦ One Supreme Court
 Statutory Courts
◦ Creations of law
 Legislative
◦ Lower courts
 Courts below the Supreme Court

Statutory Courts
 Regular
◦ Court of Appeals
◦ Regional Trial Court
 Metropolitan Trial Court
 Municipal Trial Court
 Municipal Circuit Trial Court
◦ Shari’a District Court
 Special
◦ Sandiganbayan
 Review cases filed against government officials
◦ Court of Tax Appeals
 Review appeals
on the decisions
of the BIR
Quasi-Judicial Agencies
 Agencies under the Executive Department performing duties similar to the Judicial
Department
 Make pronouncements and judgements on certain issues
◦ Commission on Elections
◦ National Labor Relations Commission
◦ Securities and Exchange Commission
◦ They render judgements just like the Judicial Department, yet they form part of the
Executive Department
Section 5
 The Supreme Court shall have the following powers:
1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls,
and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court
may provide, final judgments and orders of lower courts.
3. Assign temporarily judges of lower courts to other stations as public interest may require. Such
temporary assignment shall not exceed six months without the consent of the judge concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.
5. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and
legal assistance to the under-privileged.
6. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.
Powers of the Judiciary
 Settle disputes concerning consuls or diplomats
◦ They enjoy immunity from domestic suits or cases
 Petition for Certiorari
◦ Special civil action requesting a lower court or body to transmit the records to the
superior court for review
 Prohibition
◦ Writ by which the superior court prohibits the lower court or body to stop further
proceedings
 Mandamus
◦ Order by a superior court to a lower court to do perform a certain act which it is
bound to do so
 Quo Warranto
◦ Action by the government to recover an office or franchise from an individual
unlawfully holding it
 Automatic Review of Cases sentenced by lower court with Reclusion Perpetua or Death
Penalty

Section 7
 (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court
unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must
be at least forty years of age, and must have been for fifteen years or more, a judge of a
lower court or engaged in the practice of law in the Philippines.
(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may
be appointed judge thereof unless he is a citizen of the Philippines and a member of the
Philippine Bar.
(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and
independence.
Who can be a Supreme Court Judge?
 Natural-born Philippine citizen
 At least 40 years old
 At least 15 years experience of being Judge at the lower court or engaged in the practice of
law
 Person of proven competence, integrity, probity and independence
 For lower court Judges, natural-born citizenship requirement is not necessary
Section 9
(1) The Members of the Supreme Court and judges of lower courts shall be appointed by the
President from a list of at least three nominees preferred by the Judicial and Bar Council for
every vacancy. Such appointments need no confirmation.
(2) For the lower courts, the President shall issued the appointment within ninety days from the
submission of the list.
Section 11
“The Members of the Supreme Court and judges of the lower court shall hold office during good
behaviour until they reach the age of seventy years or become incapacitated to discharge the duties
of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts,
or order their dismissal by a vote of majority of the Members who actually took part in the
deliberations on the issues in the case and voted in thereon.”
Section 4
The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit
en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled
within ninety days from the occurrence thereof.
 All cases involving the constitutionality of a treaty, international or executive agreement, or
law, which shall be heard by the Supreme Court en banc, and all other cases which under the
Rules of Court are required to be heard en banc, including those involving the
constitutionality, application, or operation of presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations, shall be decided with the concurrence of a
majority of the Members who actually took part in the deliberations on the issues in the
case and voted thereon.
 Cases or matters heard by a division shall be decided or resolved with the concurrence of a
majority of the Members who actually took part in the deliberations on the issues in the
case and voted thereon, and in no case without the concurrence of at least three of such
Members. When the required number is not obtained, the case shall be decided en banc:
Provided, that no doctrine or principle of law laid down by the court in a decision rendered
en banc or in division may be modified or reversed except by the court sitting en banc.
Composition of the Supreme Court
 Composed of 15 Judges
 Chief Justice
 Appointed by the President
 Hearing Procedure
 ◦ In performance of their job, are they required to always meet as a single group of
15?
◦ Due to the huge volume of pending cases filed at them
 En banc
 Divisions of three members (5 divisions)
 Divisions of five members (3 divisions)
 Divisions of seven members (2 divisions)
- Gravity and importance of the case
- At least three judges agreeing
En Banc Session
 Constitutionality Issues
◦ treaty, international law, executive agreement, laws
◦ presidential decrees, proclamations, and orders
 Majority of the members of the judiciary who participated in the hearing
 If majority votes were not obtained, constitutionality is upheld
 15 members – quorum is 8 – votes required is only 5
 Administrative proceedings for the dismissal of a judge of a lower court
 Cases where majority vote is not obtained at the lower courts
◦ Division with 3 members
◦ Majority vote is equals to?
-3 votes
◦ What will happen if two judges agreed, the other disagreed?
◦ Case will be decided by en banc
◦ Modifying decisions in cases decided in an en banc session