Section 1 (Congress)

The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House
of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

Legislative Power

 authority to make laws and to alter and repeal them

 derivative and delegated power of Congress as vested by the Constitution which limits its exercise
 plenary legislative power- any power deemed to be legislative by usage and tradition is necessarily
possessed by Congress unless the organic act has lodged elsewhere
 Congress cannot pass irreparable laws
 subject to substantive limitations (Bill of Rights), which circumscribed both the exercise of the power itself
and allowable subjects of legislation, and procedural limitations prescribing the manner of passing bills and
the form should take
 Original legislative power belongs to the people who, through the constitution, confer derivative legislative
power on the legislature but this not exclusive as the people have reserved to themselves the authority to
correctly legislative mistakes or to supplement legislative inadequacies whether on the national level or on
the level of local legislation
o The people can directly propose and enact laws or approve or reject any act or law or part thereof;
the implementing legislation being RA 6735
o In addition to their constituent power, the people have reserved for themselves ordinary legislative
power through initiative and referendum the purpose of which is to institutionalize people power
by providing for an instrument which can be used should the legislature show itself indifferent to
the needs of the people
o Scope of the legislative power which the people may exercise through initiative and referendum is
subject to exceptions which Congress may impose

Separation of Powers

 vertical-degree of autonomy granted to the local governments

o unitary
 no political autonomy for local governments
 national government (Congress) creates LGU and provides for the scope of their powers
 residual powers-vested in the central government (plenary power-only limited by
Constitution) thus powers of political subdivisions (LGUs) are enumerated and expressed
(enumerated powers); particular power of government is not vested expressly or
impliedly in a particular department when the constitution distributes powers thus
requiring a peculiar power
o federal-political autonomy or independence on part of states, varying extent depending on
jurisdiction
 residual powers must reside in the political subdivisions (LGUs), central government
only exercises powers that are enumerated; federal states exercise plenary powers, central
government (enumerated powers)
 personal and penal laws differ (divorce, abortion, same-sex marriage differ per state)

 horizontal-distribution of governmental powers to the three branches of government
o residual powers are given to the president thus “presidential system”

 de facto-change government outside the four corners of the constitution such as overthrowing (extra-
constitutional) ex EDSA Revolution started out de facto but received the acceptance of the people but also
the family of nations thus it became a legitimate government afterwards
 legitimacy of a government is not a purely legal question, the establishment of a government and also
statehood is also a question of fact there is an aspect of a political question in this regard
 de jure and de facto does not refer to validity but legitimacy, it is a question of acceptance
  separation into three articles is an indication
 forestall and prevent over-concentration of powers & abuse of power; principle of check-and-balances
 legal implication- prohibiting each branch of the government from interfering with the prerogatives of the
other branches if even the domain of such department; any act that violates the separation of powers
principle is null and void; implicit limitation on legislative power as on the two other powers
 Each branch is prevented from invading the domain of the others the separation is not total as the system
allows for checks and balances the net effect of which being that in general no one department is able to act
without the cooperation of at least one of the other departments
 not an absolute norm; principle of blending of powers
 powers of constitutional governments and governments acting under delegated authority are limited and
confined within the four walls of the Constitution and each department can only exercise such powers as
are expressly given necessarily implied from the given powers

Non-delegability- Congress alone can make laws and Congress may not delegate its lawmaking power

 three distinct ideas

o doctrine of the separation of powers- illogical to remerge
o due process of law- preclude the transfer of regulatory functions to private persons
o delegata protestas non protest delegari
 Breach of the national fundamental law if Congress gives up its legislative power or if by law it attempts to
invest itself or its members with either executive power or judicial power
 prohibit the delegation of these powers to other branches (primarily addressed to Congress-legal sovereign
thus their issues command)
 Exceptions (co-ordinate parts of one government- may invoke the action of the two other branches in so far
as the action info should not be an assumption of the Constitutional field of action of another branch)
o emergency powers to the president (legislative powers)
 to permit the president to act swiftly in addressing national emergencies; it is
constitutionally permitted no violation unless jus cogens
 PDs
 form of government
o fix tariff rates and impose import quotas to the president (sec 28 Art 6)
 power of taxation which is an inherent power (legislative power)
 DFA has all the necessary information to guide the president in coming up with he proper
economic policy
o initiative to the people
 theoretically not delegation as sovereignty resides in the people
o LGUs
 principle of subsidiarity-to enable it to exercise and perform its function in a given and
usually wide divides its territory into subdivisions and gives them power
 ordinance to regulate traffic, curfew, local taxes, expropriate (police power)
 justification is necessity

o Administrative agencies
 delegation of legislative powers to agencies in the executive department to fill up
the details of a statute; not law-making but law-execution; 
 must be complete inn itself-set forth a policy to be carried out or implemented
 fix a standard- the limits of which are sufficiently determinate or determinable
 Congress may pass contingent legislation which leaves to another body the business of
asserting the facts necessary to bring the law into actual operation
 regulations passed by administrative body pursuant to the delegation made by the statute
are just as binding as if the regulation had been written in the original statute itself
 constitution has to make sure the delegation will not result to total abdication of
legislative power (test that legislative prerogative not totally delegated, only prerogative
on how to implement the law not the prerogative to determine what the law is)
  cannot delegate powers which are strictly and exclusively legislative

 Phil. International Trading Corp v Angeles- necessary to create more and more
administrative bodies as a result of the growing complexity of the modern society as they
can deal with the problems with more expertise and dispatch
o Local Governments
 may be allowed to legislate on purely local matters
 on the local level the principle of separation of powers it does not apply strictly between
the executive and the law-making body
 since what is given to local legislative bodies is true legislative power and not just the
power to promulgate rules and regulations, it is not necessary that the delegating statute
follow the rules for valid delegation
 doctrine of subordinate legislation
o due to increased complication of transactions which rendered Congress incapable to address the
concerns swiftly and with expertise
o Edu v Ericta- the legislature does not abdicate its function when it describes what job must be
done, who is to do it, and what is the scope of his authority as this may be the only way
in which the legislative process can go forward; inquiry must be directed to the scope and
definiteness of the measure enacted; there must be a standard which implies at the very least that
the legislature itself determines matters of principle and lays down fundamental policy
o Eastern Shipping Lines v POEA- standard “fair and equitable employment practices” was found
sufficient basis for a regulation prescribing a model contract
o Tatted v Secretary of the Department of Energy- Court invalidated EO 392 because in effecting
the law President Ramos added a standard which did not appear in the deregulating law; executive
department failed to follow faithfully the standards set by the law when it considered extraneous
factors which amounts to a rewriting of the standards

Section 2 (Senate Composition & Election)

The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the
Philippines, as may be provided by law.

 Number was decided upon disregarding the factor of an ever-growing population and looking at the slim
vote favor and bicameralism as a signal of the desire to return to a small Senate
 Smaller numbers suggested superior quality and that a number higher than 24 would tend to dilute the
quality of the Senate
 Number can be changed only by constitutional amendment and the proviso references the mechanics for
electing the senators at large and not the number of Senators
 Election at large means the senators submit themselves to a vote of the entire national electorate
 Manner of electing senators can only be changed by constitutional amendment
 Reason for election at large was the need to satisfy the desire that the Senate look on problems from the
national and not parochial perspective

Section 3 (Senate Qualifications)

No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the day of the election, is
at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not
less than two years immediately preceding the day of the election.

 natural-born
 at least 35 (on the day the votes are cast not the day of proclamation)
  able to read and write
 a registered voter
 2 years residency (satisfied if one is domiciled even if not physically present)

Section 4 (Senate Term)

The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon
on the thirtieth day of June next following their election. 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.

 term is part of a total package which would facilitate synchronization of elections

 6 year term with one immediate re-election; senator could run again three years after the expiration of his
2nd term

 May 1987-term of five years

 1992-staggering of terms started, first 12 senators to serve 6 years and the remaining twelve to serve 3
 thereafter, senatorial elections take place every three years and all are elected for a six year term
 1995-elected 12

Section 5 (HOR Composition)

(1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless
otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and
the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a
uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of
registered national, regional, and sectoral parties or organizations.
(2) The party-list representatives shall constitute twenty per centum of the total number of representatives including
those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats
allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor,
peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by
law, except the religious sector.
(3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each
city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative.
(4) Within three years following the return of every census, the Congress shall make a reapportionment of legislative
districts based on the standards provided in this section.

 Composition of the HOR

o raising total membership of House done through reapportionment resulting in the creation of new
districts or through the creation of new provinces or cities
o incidental effect of one of the municipalities of a congressional district converting into a city large
enough to entitle it to one legislative district is the splitting of the district in two
o incidental effect is deemed implicitly contained in the title announcing the creation of a new city
thus satisfying the requirement that the content of the bill be announced in the title
o if an imbalance results in the remaining legislative districts of the mother province due to the
increase of the number of legislative districts, correction of the imbalance must await the
enactment of a reapportionment law
o two kinds of representatives
 district- representatives elected by district
 party- representatives elected through the party-list system
 District representatives
 o rule of apportionment- underlying principle is the concept of equality of representation which is a
basic principle of republicanism
o equality ensured by requiring that the representatives represent as much as possible an equal
amount of constituents
o achieved either by making representatives represent districts of equal sizes in terms of inhabitants
or by requiring that larger representative districts should be entitled to more representatives; Sec 5
(1) follows the former
 Apportionment (apportionment of representative districts is a justiciable question cognizable by the courts)
o Sec 5(1)- apportioned among the provinces, cities, and the Metropolitan Manila area in accordance
with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio
o Sec 5(3)- each legislative district shall comprise, as far as practicable, contiguous, compact and
adjacent territory (to prohibit gerrymandering which is the creation of representative districts out
of separate portions of territory in order to favor a candidate)
o Sec 5(3)- each city with a population of at least 250,000, or each province, shall have at least one
representative (a province is entitled to one representative no matter what its population size which
is an exception to the rule on proportional representation)
o Sec 5(4)- within three years following the return of every census, the Congress shall make a
reapportionment of legislative districts based on the standards provided in this section (this is
intended to allow for correction of imbalances in representation due to rise and movements of
population)

o although it is the constitutional duty of Congress to ensure proportional representation, there is no

power which can compel Congress to reapportion even when, through the growth and movement
of populations, the existing apportionment has in fact become inequitable
o however, jurisprudence suggests that what the Constitution abhors is inequality in apportionment
if the inequality is created by law and not when the inequality arises from the growth and
movement of the population

o Tobias v Abalos- case involving the division of San Juan and Mandaluyong into two
representative districts under RA 7675, challenged on the ground that RA 7675 did not mention
any census indicating they had reached the minimum 250,000 inhabitants but since the challengers
did not give any evidence that the respective populations of the two political units were less than
the number required the Court presumed that Congress had made due consideration of the
minimum requirement
o Sema v COMELEC- ARMM Regional Assembly cannot create a province without a legislative
district because the Constitution mandates that every province shall have a legislative district, new
legislative districts may be created only by law as only Congress can create provinces and cities
because their creation necessarily includes the creation of legislative districts, a power only
Congress can exercise
 Sectoral representation and party-list representation
o Section 5 provides 2 regimes: a temporary regime of sectoral representation for three consecutive
months and a permanent party-list or proportional representation regime
o party-list system seeks to avoid the dilemma of choice of sectors who constitute the members of
the sectors, no reserved seats for sectors as the desire to give them reserved seats was born of the
recognition of the inability of the disadvantaged sectors to compete in the political process,
compromise that for three consecutive terms after the ratification of this Constitution one-half of
the seats allocated to party-list representatives would be reserved for sectoral representatives
provided that by 1998 the sectors would have to compete in the party-list system of the electoral
process
o party-list system: every citizen has two votes and any citizen can vote for any party
o those qualified to participate are registered national, regional, and sectoral parties or organizations
and they shall constitute 20% of the total number of representatives including those under the
party-list
 Jurisprudence on the party-list system
 o RA 7941- required parties, organizations and coalitions participating in the system to obtain at
least 2% of the total votes cast for the party-list system in order to be entitled to a party-list seat;
those garnering more than this may have additional seats in proportion to their total number of
votes; no winning party, organization or coalition may have more than three seats in the House of
Representatives
o Veterans Federation Party et al v COMELEC- Congress was vested with the broad power to
define and prescribe the mechanics of the party-list system of representation; Court ruled that the
20% prescription of total House membership was merely a maximum limit to the number of party-
list representatives but the maximum need to be filled
o Bagong Bayani et al v COMELEC- intent of the Constitutional Commission and RA 7941 was not
to allow all associations to participate indiscriminately in the system but to limit participation to
parties or organizations representing the marginalized and underprivileged; the party-list system is
a social justice tool thus among the guidelines was the requirement the parties or organizations
must represent the marginalized and underrepresented sector and that the nominees themselves
must comply with the qualitative requirement which means that nominees who do not have this
ideological quality are not qualified; this is a departure from the constitutional text as no such
ideological requirement is found in Section 6 of Article 6 which enumerates the qualifications of a
member of the HOR and in fact neither does RA 7941 prescribe an ideological qualification

Section 6 (Qualifications)
No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines
and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the party-list
representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of
not less than one year immediately preceding the day of the election.

 natural-born (includes those who elected and those who repatriated and recovered status as natural-born)
 at least 25 (on the day of the election)
 able to read and write
 a registered voter in the district in which he shall be elected (not only a qualified elector but a registered
voter; except party-list representatives as they do not represent a district)
 resident thereof for not less than 1 year immediately preceding the day of election (reason is to exclude a
stranger or newcomer unacquainted with the conditions and needs of a community from an elective office
to serve that community)

 Social Justice Society v Dangerous Drugs Board- the requirement in the Comprehensive Drugs Act of 2002
requiring that candidates for public office undergo mandatory random drug testing was declared
unconstitutional as the enumeration of qualifications is exclusive and Congress may not add anything

Section 7 (Term)
The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless
otherwise provided by law, at noon on the thirtieth day of June next following their election. No Member of the
House of Representatives shall serve for more than three 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 for
which he was elected.

 3 year term for Representatives was arrived at to facilitate synchronization of elections

 Representatives first elected served a term of five years in order to synchronize congressional elections
with the next presidential election
 if one is elected Representative to serve the unexpired term of another, the unexpired term, no matter how
short, will be considered one term
  Dimaporo v Mitra Jr.- statutory provision that any elective official running for any office other than the one
he is holding is considered ipso facto resigned from his office upon the filing of his certificate of candidacy
does not shorten the constitutional term of office but is tenure is shortened through voluntary resignation
 Fariñas et al v Executive Secretary- a national elected official does not terminate his tenure by the mere fact
of having filed for candidacy to a position different from what he is holding

Section 8 (Regular Election)

Unless otherwise provided by law, the regular election of the Senators and the Members of the House of
Representatives shall be held on the second Monday of May.

Section 9 (Special Election)

In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such
vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected
shall serve only for the unexpired term.

 service of the unexpected term will be counted as one term for purposes of counting the number of
allowable successive terms
 holding of special elections has not been made mandatory; and if held no set date is prescribed for it

 Tolentino v COMELEC- Senate called on COMELEC to fill a vacancy through a special election to be
held simultaneously with the regular election; COMELEC issued a resolution providing that is the
candidate garnering the 13th highest number of votes will fill the seat for the unexpired term, which was
challenged on the ground that COMELEC failed to notify the electorate of the position to be filled in the
special election; Court ruled that the right and duty to hold special elections emanates from the statue and
not from a call for the election by some authority such as COMELEC, the law itself charges voters with
knowledge of the time and place of the election because a statute that expressly provides that an election to
fill a vacancy shall be held at the next general election fixes the date at which the special election is to be
held and operates as a call for that election

Section 10 (Salaries Congress)

The salaries of Senators and Members of the House of Representatives shall be determined by law. No increase in
said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the
House of Representatives approving such increase.

 Senate President & Speaker- 240,000

 members of Congress- 204,000

 no increase taking effect until the expiration of the full term of all the members approving such is a
deterrent factor
 retirement benefits of a legislator must be based on the salary in effect during his term and not on the
increased salary of the subsequent term
 fixed annual compensation already includes per diems and other emoluments and allowances thus a grant
constitutes an increase which could take effect only after the expiration of the full term
 does not include traveling expenses when attending sessions of Congress
  allowance for office expenses unnecessary to incorporate as it is an internal matter, appropriating funds for
the operational expenses and the maintenance for the National Assembly should not be spelled out anymore
in the Constitution because the National Assembly can appropriate those funds; there is no legal limit

Section 11 (Privileges)
A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while the Congress is in session. 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.

 privilege from arrest

o immunity applies for as long as Congress is in session whether or not the legislator involved
is actually attending it
o immunity cannot be further expanded by ordinary legislation

o Martinez v Morfe- covers only immunity from civil suits not immunity from arrest arising from an
act or omission punishable by law as that would amount to the creation of a privileged class
without justification in reason if notwithstanding their liability for a criminal offense they would
be considered immune during their attendance in Congress and in going to and returning from the
same thus they should be treated like any other citizen
o People v Jalosjos- one who has been convicted does not enjoy immunity from arrest as members
of Congress are not exempt from detention for a crime thus they may be arrested, even when the
House is in session, for crimes punishable by a penalty of more than 6 months
 privileged speech
o guarantee of immunity from answerability before an outside forum but not from answerability to
the disciplinary authority of Congress itself
o to come under the guarantee, the speech must be one made in the Congress or in any committee
thereof, this does not merely refer to the locale of the speech and debate but more importantly to
the nature
o essential requirement for its applicability has always been that the action involved must be
legislative action which refers to the deliberative and communicative process by which members
participate in proceedings
o when legislative action is involved, the testimonial privilege protects even the agents and aides of
members

o Jimenez v Cabangbang- said expression refers to utterances made in the performance of their
official functions

Section 12 (Full Disclosure)

All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full
disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of
interest that may arise from the filing of a proposed legislation of which they are authors.

 enables the House to examine the arguments he might present with a sharper eye and in the context of his
personal interest
 advance disclosure creates a presumption in favor of the legislator concerned should he later be charged
with conflict of interest
 does not prevent the legislator from filing the proposed legislation
Section 13 (One Office)
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.

 prohibit offices include membership in the board of regents, board of trustees, or board of directors of state
universities and colleges
 not prevented from accepting an appointment but if he chooses to accept then he automatically forfeits his
seat in Congress
 disqualification in the second sentence applies for the duration of the six year term even if he resigns from
Congress before the end of his term
 two conditions for disqualification
o office is civil or military
o such office must have been created or its emoluments increased while he was a member of the
legislature

Section 14 (Appear as Counsel)

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.

 prevent members of Congress from taking advantage of their position in their dealing with the courts or in
their business operations or in their dealing with any government agency or corporation
 blanket prohibition of appearances in court
 legislator may appear in person if in fact he is a genuine party in the case
 personality of a law partnership is distinct from that of its partners
 legislators cannot be members of the board of corporations with contract with the government
 the prohibited pecuniary interest could be direct or indirect and thus would cover pecuniary benefit for
relatives

 Puyat v de Guzman- that which the Constitution directly prohibits may not be done by indirection thus an
Assemblyman cannot buy a nominal amount o shares in a corporation which was party to a suit and then
proceed to appear “in intervention” purportedly to protect his own interest

Section 15 (Sessions)
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 thirty 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.

 regular and special session have no fixed time and may last as long as the Congress wants (exc. thirty days
before the opening of the next regular session)
  President is given the power to call a session and to specify subjects he wants considered, but it does not
empower him to prohibit consideration of other subjects

Section 16 (President & Speaker)

(1) The Senate shall elect its President and the House of Representatives its Speaker, by a majority vote of all its
respective Members.
Each House shall choose such other officers as it may deem necessary.
(2) A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day
to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House
may provide.
(3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with
the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when
imposed, shall not exceed sixty days.
(4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts
as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-
fifth of the Members present, be entered in the Journal.
Each House shall also keep a Record of its proceedings.
(5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than
three days, nor to any other place than that in which the two Houses shall be sitting.

 Officers of Congress
o the only officers prescribed by the Constitution are the President of the Senate and the Speaker of
the House
o each House may decide to have other officers and how they are chosen is within the control of
each House

o Avelino v Cuenco- in changing leadership, the senate and the senators are bound to follow the
orderly processes set and outlined by the Constitution and the rules adopted by the Senate as
authorized by the fundamental law
 Quorum to do business
o Base for computing the majority of the registered body for the purpose of determining the
existence of a quorum should normally be the total membership of the body

o Avelino v Cuenco- the base used was 23 as the 24th senator there was abroad and therefore
beyond the coercive power of the state
 Internal rules and discipline
o inherent in any legislative body is its power of internal regulation and discipline
o there is a clear recognition of the overall autonomy the legislative body both in the formulation
and in the application of its rules except for some limitations of detail found in the Constitution
itself such as when the legislative rule affects private rights or affects persons other than the
members of the legislature which necessarily are judicial questions
o the power to make rules is a continuous power, always subject to be exercised by the house, and
within the limitations adjusted, absolute and beyond the challenge of any other body or tribunal

o Osmeña Jr. v Pendatun- disciplinary proceedings for a speech delivered on the floor of Congress
depends mainly on factual circumstances that the House knows best and the theory of separation
of powers demands a prudent refusal of the Court to interfere; parliamentary rules are merely
procedural and mere failure to conform will not invalidate the action when the requisite number
of members have agreed to a particular measure thus legislature’s formulation and implementation
of its rules is beyond the reach of the courts
  Journals, record: publicity and probative value; enrolled bill rule
o the journal is usually an abbreviated account of the daily proceedings; the Record contains a word
for word transcript of the deliberations of Congress
o purpose
 Ensure publicity to the proceedings of the legislature, and a correspondent responsibility
of the members to their respective constituents
 Provide proof of what actually transpired in the legislature
o exempt from publication only such matters as may, in each House's judgment, affect national
security
o legislative journals are the acts of the legislature, government or sovereign itself; they are
as important as those of the judiciary, and to inquire into the veracity of the journals would violate
both the letter and the spirit of the organic laws and invade a coordinate and independent
department of the government as well as interfere with the legitimate powers and functions of the
legislature
o enrolled bill is a duly authenticated copy of a bill or resolution bearing the signature of the
Speaker and of the Senate President and the certification of the secretaries of both Houses that
such bill was passed

o Mabanag v Lopez-Vito- a duly authenticated bill or resolution imports absolute verity and is
binding on the courts in case a conflict arises between a journal’s content and that which is found
in an enrolled bill
o Casco Philippine Chemical Co v Gimenez- if there has been any mistake in the printing of the bill
before it was certified by the officers of Congress and approved by the Executive the remedy is by
amendment or curative legislation not by judicial decree
o Morales v Subido- journals must not always yield to the enrolled bill but with respect to matters
not expressly required to be entered on the journal, the enrolled bill prevails in the event of any
discrepancy as what gives special probative weight to an enrolled bill is the certification it receives
from the officers of the legislature
o Astorga v Villegas- the version of the journal prevailed as the document was stripped of the
character and probative value of an enrolled bill when both the Senate President and President of
the Philippines withdrew their signatures upon the discovery of inaccuracies in the bill
 Recess
o both Houses may hold sessions practically all year round but go on compulsory recess thirty days
before the opening of the next regular session or they may also adjourn for a voluntary recess
o coordinate rule that neither House may adjourn without the consent of the other for more than
three days nor to any place than that in which the two houses shall be sitting is necessary because
the two houses form one legislative body

Section 17 (Electoral Tribunal)

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.

 Composition
 o electoral tribunal is a mixture of members of Congress and the Supreme Court as a reflection both
for parliamentary sovereignty and the need for legal impartial decisions as it has the prerogative to
be the sole judge of election contests
o 1987 formula on proportional party representation reflects the Constitution’s desire to encourage
growth of a multi-party system
 Jurisdiction of the Electoral Tribunals
o 1935 Constitution-a power traditionally lodged in the legislative body was taken away and given
to an independent, impartial and nonpartisan tribunal in answer to the long-felt need
of determining legislative contests devoid of partisan consideration however the legislature was
not devoid of all power as what was transferred to the Electoral Commission was merely the
power to be the sole judge of all contests
o 1973- powers were given to the Commission on Elections and the powers to judge qualifications
were retained by the Batasang Pambansa
o 1987- COMELEC decides who the winner is; once a candidate has been proclaimed and has taken
his oath of office jurisdiction of the COMELEC ends and then passes to the Electoral Tribunal of
either House even if there is an allegation that the proclamation was invalid as the Tribunal will
decide that
o since a member of Congress must be a registered voter, through Congress’ limited power over the
right of suffrage it may in effect create disqualifications however from the care with which
the qualifications were formulated and from the absence of an explicit grant of power to add to the
qualifications it may be inferred that the enumeration of qualifications is meant to be exclusive
o Constitution leaves the legislature without power to exclude any member-elect who meets all the
Constitution’s requirements for membership
o if the candidate with the highest number of votes is disqualified the second in rank does not take
his place as it still remains that he did not receive the mandate of the majority during the elections

o Angara v Electoral Commission- that the Senate and HOR, respectively, shall be the sole judges
emphasizes the exclusive character of the jurisdiction conferred upon each house
o Cedilla v de Venecia- the person holding office in the House must yield to the person declared to
be the winner and the Speaker is duty bound to administer the oath
 Independence of the Electoral Tribunals
o since the jurisdiction of Electoral Tribunals is over election contests, in the statutory sense, they do
not have jurisdiction over pre-proclamation controversies which come under the jurisdiction of the
COMELEC

o Angara v Electoral Tribunal- the Tribunals are not under the supervision or control of Congress
o Co v HRET- as the sole judge of legislative election contests their decisions are not subject to
appeal to the Supreme Court; however the SC is not totally excluded as judicial power includes
the authority to determine whether there has been a grave abuse of discretion amounting to a lack
or excess of jurisdiction on the part of any branch or instrumentality of the govt

Section 18 (Commission on Appointments)

There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman,
twelve Senators and twelve Members of the House of Representatives, elected by each House on the basis of
proportional representation from the political parties and parties or organizations registered under the party-list
system represented therein. The Chairman of the Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it within thirty session days of the Congress from their
submission. The Commission shall rule by a majority vote of all the Members.

Section 19 (Constituted & Meet)

The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days after the
Senate and the House of Representatives shall have been organized with the election of the President and the
Speaker. The Commission on Appointments shall meet only while the Congress is in session, at the call of its
Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it.

 the 1987 Constitution calls for proportional representation of all political parties and organizations
registered under the party-list system
 as with the Electoral Tribunals, sectors will be represented only in so far as they form part of the party-list
system
 although the Commission of Appointments is formed through the instrumentality of the two Houses,
the Commission itself, once formed, is independent of Congress
 the powers of the Commission do not come from Congress bit emanate directly from the Constitution; it is
not an agent of Congress and the functions of the Commission are purely exclusive in nature
 as an independent body, it can formulate its own rules and the SC cannot pass upon the correctness of
the interpretation placed by the Commission on its own rules
 the Commission may meet only while Congress is in session at the call of its Chairman or a majority of
all its members
 the function of the Commission is to consent to or confirm nominations or appointments submitted to it by
the President; serves as an administrative check on the appointing authority of the President
 must act on all appointments submitted to it within 30 session days and should rule by majority vote in
order to lessen the possibility that political vindictiveness might make the Commission freeze the
confirmation of unwanted nominees or allow one member to block the confirmation of a nominee

 Coseteng v Mitra Jr- being the only member of Congress from a political party does not entitle one to a seat
in the Commission if short of the required number even if she has the support of members not belonging to
her party
 Guingona Jr v Gonzales- the court ruled that rounding out 7.5 to 8 and .5 to 1 was unconstitutional as it
deprived other parties of .5 each
 Daza v Singson- since the composition is proportional to the size of the political parties and organizations
in Congress, periodic reorganization may be necessary in order to reflect changes

Section 20 (Records & Books)

The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with
law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of
amounts paid to and expenses incurred for each Member.

Section 21 (Legislative Inquiries)

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

 Legislative investigations
o limitations
 must be in aid of legislation
 must be in accordance with its duly published rules of procedure (in the absence of
published rules investigation cannot proceed)
 the rights of persons appearing in or affected by such inquiries shall be respected
o no person can be punished for contumacy as a witness unless his testimony is required in a matter
into which the legislature or any of its committees has jurisdiction to inquire
o the materiality of the question must be determined by it direct relation to the subject of the
inquiry and not by its indirect relation to any proposed or possible legislation
 o when private rights of witnesses in an investigation are involved Congress and its committees
must follow the duly published rules of procedure which may also be read as requiring that
Congress must have duly published rules of procedure
o the Senate under the 1987 Constitution is not a continuing body because less than the majority of
the senators continue into the next Congress thus the Rules of Procedure must be republished after
every expiry of the term of the 12 senators; Senate as an institution is “continuing” as it is not
dissolved as an entity with each national election or change in the composition however in the
conduct of its day-to-day business the Senate of each Congress acts separately and independently
of the Senate of the Congress before it
o however, previously published rules that state that their adoption shall remain in force until they
are amended or repealed will subsist beyond the Senate that adopted it
o legislative investigations are subject to the limitations placed by the Constitution on governmental
action; emphasizes such fundamentals as the right against self-incrimination and the right to
demand, under due process, that Congress observe its own rules
o implicit limitation that the power of Congress to commit a witness for contempt terminates when
the legislative body ceases to exist upon its final adjournment which terminates its life as the
power to punish for the purpose of preserving that life must also end
o power may be looked into by the SC under it expanded jurisdiction

o Arnault v Nazareno- power to make investigations is so far incidental to the legislative functions

to be implied; the power of inquiry and the process to enforce it is an essential and appropriate
auxiliary
o Bengzon Jr v Senate Blue Ribbon Committee- committee had gone beyond what was allowable as
the general rule of fairness could have justified exclusion of respondents from appearance before
the Committee; one must distinguish between the jurisdiction of the Committee, which it had, and
the limits on that jurisdiction, which are prescribed by the Constitution
o Standard Charter v Senate- resolution calling for the hearing was explicit about the subject and
nature of the inquiry to be conducted and the hearing was clearly in aid of legislation; the
Constitution explicitly recognizes the power of investigation not just of Congress but also any of
its instrumentalities; direct conferral on investigatory power upon the committees and the means
which the Houses can take
o Osmeña v Pendatun Jr- Congress suspended the operation of a House rule which could have
protected Congressman Osmeña as the SC accepted the view that parliamentary rules may be
waived or disregarded by the legislative body
o Neri v Senate- court emphasized that publication gives the notice that is required for due process
since investigations can affect the rights of non-members of Congress 

Section 22 (Question Hour)
The heads of departments may upon their own initiative, with the consent of the President, or upon the request of
either House, as the rules of each House shall provide, appear before and be heard by such House on any matter
pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of
the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be
limited to written questions, but may cover matters related thereto. When the security of the State or the public
interest so requires and the President so states in writing, the appearance shall be conducted in executive session.

 1973 Constitution adopted the parliamentary devise of the “question hour” which was intended to serve not
so much as an aid to legislation but as an instrument for keeping administration in line; required to appear
and answer questions and interpellations to give an account of their stewardship
 1987- may be required; not mandatory but directory; the tenor is once more permissive, the President may
or may not consent to the appearance of department heads; and even if he does, he may require that the
appearance be in executive session; reciprocally, Congress may refuse the initiative taken by the
department secretary
  incorporated in recognition of the tradition that the inherent power of legislative investigation could run
afoul with assertion of executive privilege; regards congressional contempt power as an inappropriate
device for regulating executive claims of privilege
 the dynamics of legislative-executive relations would dictate that Congress find ways of obtaining
information from department heads other than by compulsion
 anyone except the President and Justices of the SC may be summoned; a court may not prevent a witness
from appearing in such hearings
 establishes the "oversight function” intended to enable Congress to determine how laws it has passed are
implemented
 in deference to separation of powers and because Department Heads are alter egos of the President, they
may not appear without the permission of the President; exemption from summons applies only
to Department Heads and not to everyone who has a Cabinet rank

 Senate v Ermita- specified who may or may not be summoned; even a Department Head may be summoned
thus the Chairman of the Presidential Commission on Good Governance are not exempt in spite of the
exemption given to them by President Cory Aquino

Section 23 (War & Emergency Powers)

(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.

 Declaration of the existence of a state of war

o war is defined as armed hostilities between two states
o legislature given the power to declare the existence of a state of war and to enact all measures to
support the war; the actual power to make war is lodged in the executive power which holds the
sword of war and may, when necessary, make war even in the absence of a declaration of war
 Delegation of emergency powers
o no power to make laws, power merely to execute the law; legislation is preserved for Congress at
all times not excepting periods of crisis no matter how serious
o 1973 Consti- nature of the delegated power is not specified thus supporting the conclusion that this
authorizes delegation of real legislative power which would include the power to rule by executive
fiat
o 1987- very limited and certainly not amounting to the legislature’s abdication of its power as even
a martial law situation does not allow the President to supplant the legislature
 for a limited period- expiration or may be withdrawn by resolution (which does not need
the approval of the President as opposed to a statute)
 subject to such restrictions as Congress may provide

Section 24 (Appropriation)
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.

 district representatives are closer to the pulse of the people and are thus in a better position to determine
both the extent of the legal burden they are capable or bearing and the benefits that they need
  appropriation bill- purpose is to set aside a sum of money for public use
 revenue or tariff bill- strictly for the raising of revenues
 bill of local application- reach is limited to specific localities (such as the creation of a town)
 private bills- affect private persons (bill granting citizenship to a specific foreigner)

 Tolentino v Secretary of Finance- textually, it is the bill which must exclusively meant from the House not
the law itself which is a product of the total bicameral process; exclusivity of the prerogative of the HOR
means simply that the House alone can initiate the passage of a revenue bill such that if the House does not
initiate one no revenue law will be passed; once the House has approved a revenue bill and passed it on to
the Senate, the Senate can completely overhaul it by amendment regardless of whether it had already
anticipated a bill and formulated one to take the place of whatever the house might send

Section 25 (Limits)
(1) The Congress may not increase the appropriations recommended by the President for the operation of the
Government as specified in the budget. The form, content, and manner of preparation of the budget shall be
prescribed by law.
(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to
some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the
appropriation to which it relates.
(3) The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.
(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds
actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposed
therein.
(5) No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the
Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of
Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for
their respective offices from savings in other items of their respective appropriations.
(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be
supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.
(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the
ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall
remain in force and effect until the general appropriations bill is passed by the Congress.

 limits on power to appropriate (a limit not on the power of Congress but on the disbursing authority of the
executive department)
o shall originate exclusively in the HOR but the Senate may propose or concur with amendments
o may not increase the appropriations recommended by the President (prevent big budget deficits)
o may not clutter the general appropriation law with provisions not specifically related (provision
unrelated considered “riders”)
o may not adopt a procedure for approving different from the procedure for other appropriations
o special appropriation bills must specify the purpose and must be supported by funds certified
o limited discretion to authorize transfer of funds
 list of those who may transfer funds is exclusive 
 Demetria v Alba- transfers afford the heads of different branches of the government and
those of the constitutional commission considerable flexibility in the use of public funds
and resources however the leeway granted is limited;  only if there are savings
from another item in the appropriation of the government branch or constitutional
body; declared PD 1177 unconstitutional as it empowered the President to
indiscriminately transfer funds without regard as to whether the funds are actually
savings in the item from which the same are to be taken
 o discretionary funds appropriated for particular officials shall be disbursed only for public purposes
to be supported by appropriate vouchers
 if the purpose of the appropriation is one for which tax may be collected then it is
legitimate
 test of constitutionality of a statute requiring the use of public funds is whether the statute
is designed to promote the public interest as opposed to only incidentally serve the public
 the validity of a statute depends upon the powers of Congress at the time of its passage or
approval not upon events occurring or acts performed subsequently thereto
 appropriations for the implementation of social justice programs must be considered to be
for a public purpose even if directly they benefit mainly private individuals
o cannot cripple the operation of the government by its failure or refusal to pass a general
appropriations bill
o expenditure of public money or property for religious purposes prohibited
o general appropriation law must be based on the budget prepared by the President

Section 26 (Bills)
(1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.
(2) No bill passed by either House shall become a law unless it has passed three readings on separate days, and
printed copies thereof in its final form have been distributed to its Members three days before its passage, except
when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency.
Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and nays entered in the Journal.

 one-subject rule is mandatory not directory and compliance is essential to the validity of legislation
 legislative assemblies, for the dispatch of business, often passed bills by their titles only without requiring
them to be read
 blending in one and the same statute of such things as were diverse in their nature, and were connected only
to combine in favor of all the advocates of each, thus often securing the passage of several measures no one
of which would have succeeded on its own merits
 purpose
o prevent hodgepodge or log-rolling legislation
o prevent surprise or fraud upon the legislature
o fairly appraise the people (publication of legislative proceedings so that they may have the
opportunity of being heard thereon by petition or otherwise is they shall so desire
 serves the purpose of the constitutional demand and sufficient compliance if the title expresses the general
subject and all the provisions of the statutes are germane to the general subject
 three readings ensures a more thorough study of the bills
 effect of the certification by the President is to dispense from the requirement that the readings be on
separate days and that the bill be printed in its final form and distributed three days before the third reading
 Tolentino v Secretary of Finance- President’s certification effect a dispensation from all the requirements;
the factual basis of presidential certification of bills, which involves doing away with procedural
requirements designed to ensure that bills are duly considered by members of Congress, certainly should
elicit a different standard of review

Section 27 (Passage & Veto)

(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.
(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.

 Passage of Bills
o must be approved by both Houses of Congress
 legislative action required of Congress is a positive act
 may be obtained viva voce or through a roll call vote (yea or nay)
 upon the last and third readings of a bill
 at the request of one fifth of the members present
 in re-passing a bill over the veto of the president
o Must be approved by the president
 positive act or by inaction
 verification now possible as he is required to communicate his veto to the House where
the bill originated
 Conference Committees
o consists of members nominated from both Houses; is an extra-constitutional creation of Congress
whose function is to propose to Congress ways of reconciling conflicting provisions in the
Senate and House versions of a bill
o in a bicameral system, bills are independently processed by both Houses of Congress thus it is not
unusual that the final version approved by one House differs from what has been approved by the
other
o delegated authority from Congress, should not perform functions that Congress itself may not do;
their proposals need confirmation by both Houses of Congress
o Tañada v Tuvera- laws become effective only after adequate publication, omission of publication
would offend due process insofar as it would deny the public knowledge of the laws that are
supposed to govern it
o Tolentino v Secretary of Finance- US practice conference committees could be held in executive
sessions and amendments germane to the purpose of the bill could be introduced even if he's we're
not in either original bill
 Veto power; item veto
o Constitution has given to the President an instrument of control over legislation completed by
Congress; useful check on improvident use of public funds and oppressive revenue measures
o Congress may override a presidential veto by a 2/3 vote of all its members
o general rule: veto the entire bill if he disapproves of a provision in a bill approved by Congress
o exceptions where he is authorized to exercise item-veto (item: particulars, details, distinct and
severable portion)
 appropriation (any, not just general appropriation bill)
 revenue
 tariff bills
o Separate veto must be a distinct and severable part of a bill; when a provision of an appropriation
bill affects one or more items of the same, the President cannot veto the provision without at the
same time vetoing the particular item or items to which it relates
o Bolinao Electronics v Valencia- veto of a condition in an appropriation bill which did not include
a veto of the items to which the condition related was deemed invalid without effect whatsoever
 o PHILCONSA v Enriquez- Court invalidated the veto of a restriction of the use of funds for road
maintenance and a restriction on the use of funds for the purchase of medicine since the veto did
not include a veto of the appropriated funds themselves
 Doctrine on inappropriate provisions
o intent is to prevent legislature from forcing the President to veto an entire appropriation law
thereby paralyzing the government; the Constitution’s answer to this possibility provides for the
automatic reenactment of the General Appropriations Law of the previous year as a provisional
measure
o any provision or condition in an appropriation bill which in the judgment of the President violates
the Constitution may be vetoed separately from the entire bill thus expanding the item veto rule
o Gonzales v Macaraig Jr- Court accepted what would eventually be referred to as the “doctrine of
inappropriate provisions” which states that a provision that is constitutionally inappropriate for an
appropriation bill maybe singled out for veto even if it is not an appropriation our revenue item;
the provisions vetoed had no relation to any item of appropriation and was thus rejected as
a “rider"
o Bolinao Electronics v Valencia- vetoes condition had relation to an appropriation which was not
vetoed thus the veto of the condition was not allowed
o PHILCONSA v Enriquez- President possesses the power to veto a provision in an appropriation
bill even if it is not an item if it does not relate to any particular item or extends in its operation
beyond an item of appropriation
 Executive impoundment
o impoundment simply means refusal of the President to spend funds already allocated by Congress
for a specific purpose; another way of exercising executive veto
o justified on the basis that the duty to implement the law includes the duty to desist from
implementing it when implementation would prejudice public interest
o SC found in the doctrine on inappropriate provisions a way to refrain from passing judgment on
the constitutionality of impoundment but stated that a provision in an appropriation act cannot be
used to repeal or amend other laws
o PHILCONSA v Enriquez- President vetoed conditions imposed on the use of appropriations for
the military equipment

Section 28 (Taxation)
(1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation.
(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.
(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.
(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of
the Congress.

 Power of taxation; scope and purpose

o power to tax is an inherent power of government as it is essential to the existence of government;
truths which it cannot be necessary to confirm hence the power need not be granted by the
Constitution
o not a grant of power but an enumeration of limits on the inherent and otherwise almost unlimited
power
o power to tax is given in order for the government to be able to pay the debts and provide for the
common defense and general welfare; exhaustive and embraces every conceivable power of
taxation and it reaches every subject, and may be exercised at discretion
 o inherent that the State be free to select the subjects of taxation and it has been repeatedly held that
inequalities which result from a singling out of one particular class for taxation, or exemption,
infringe no constitutional limitations
o primary and specific purpose is to raise revenue but it has also been recognized as an instrument of
national, economic and social policy as well as a tool for regulation
o power to tax characterized as the power to keep alive- encouragement and protection of locally
produced goods against competition from imports
o despite al its plenitude the power to tax cannot override constitutional prescriptions

 Limitations
o exercised only for a public purpose
o although the Power to tax is legislative in nature, Congress is authorized to delegate it to the
President who is bound by the conditions set by Congress (exception to non-delegability of
legislative power)
 Specific limits on the taxing power: uniform and equitable
o uniform- operates with the same force and effect in every place where the subject of it is found
o uniformity rule requires merely geographical and not intrinsic uniformity; taxing Power may be
made to fall more heavily upon some than upon others; when this happens, the test of
constitutionality is not just the uniformity rule but also the equal protection clause and the notion
of progressive system of taxation
o requirements for valid classification (in the field of taxation, more than in other areas, the
legislature possesses the greatest freedom in classification)
 based upon substantial distinctions which make up real differences (not arbitrary)
 germane to the purpose of the law
 apply not only to present conditions but also to future conditions substantially identical to
those of the present
 apply equally to all those who belong to the same class
o equitable-progressive system of taxation
o progressive-tax rate increases as the tax base increases
o reflects the wish that the legislature, following the social justice command, should use the power
of taxation as an instrument for a more equitable distribution of wealth
 Delegated tax legislation
o power may be delegated in the instances where the Constitution itself specifically authorizes the
delegation
o rules that revenue bills must originate from the House of Representatives does not prevent
Congress from exercising this delegating authority nor does it invalidate the delegated authority
even if it involves authority to create revenue measures
o “within the framework of the national development program” is a limit not on the President but on
the legislature's authority to impose limits on what it delegates; the authority and the limits
prescribed should be consistent with the economic program of government which the legislature
itself approves
 Tax exemptions
o corollary to the power to tax is the power to exempt from tax
o the Constitution itself may create exemptions and when it does the constitutional exemption itself
becomes a limit on the power to tax
o educational- applies to both profit and non-profit educational institutions with respect to realty tax
o properties exempt from property taxes (not excise taxes) are lands, buildings, and
improvements actually, directly, and exclusively used for religious, charitable or educational
purposes
o the requirement for a qualified majority for the passage of tax exemption laws is an added
limitation the power to tax
 o Exemptions granted, whether by the Constitution or by statute, should not be exempted beyond
what is covered

Section 29 (Limits)
(1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.
(2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use,
benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest,
preacher, minister, or other religious teacher, or dignitary as such, except when such priest, preacher, minister, or
dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.
(3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for
such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance,
if any, shall be transferred to the general funds of the Government.

 Fiscal powers of Congress

o the power of the purse comprehends both the power to generate money for the government by
taxation and the power to spend it
o Congress alone can authorize the expenditure of public funds through its power to appropriate
which carries with it the power to specify not just the amount that may be spent but also the
purpose for which it may be spent
o Guingona Jr v Carague- “bills” refers to appropriation measures still to be passed by Congress;
does not contemplate that existing laws in the statute books including existing presidential decrees
appropriating public money must again go through the legislative mill
o PHILCONSA v Enriquez- Congress itself had specified the uses of the fund and that the power
given to the enumerated officials was merely recommendatory to the President who could approve
or disapprove the recommendation
 Special funds
o prevent abuse in the disposition of special funds
o the power to dispose of such money being vested in the legislature; an entity, whether public or
private, which holds the tax money has no authority to disburse it or pay any of it to anyone

Section 30 (Appellate Jurisdiction)

No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution
without its advice and concurrence.

 Congress is free to add or subtract from the powers of the courts except insofar as these have been fixed by
the Constitution
 does not prohibit Congress from increasing the jurisdiction of the SC but simply prescribes that any such
increase should be with the advice and concurrence of the Court

Section 31 (Royalty or Nobility)

No law granting a title of royalty or nobility shall be enacted.

 traditionally been a part of the Bill of Rights before it was transferred by the 1986 Constitutional
Commission
 cornerstone of republican government is the importance of the prohibition against titles of nobility; for so
long as they are excluded there can never be serious danger that the government will be any other than that
of the people
  Malolos Constitution- no Filipino could accept honors, decorations, or orders or titles of honor and nobility
from foreign nations without authorization of the government; government also forbidden from establishing
or granting them to any Filipino

Section 32 (Initiative & Referendum)

The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions
therefrom, whereby 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 after the registration of a petition therefor 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
three per centum of the registered voters thereof.

 one major objection was the matter of practicality and practicableness but the Commission felt
that Congreve could wrestle with the problem of implementation
 RA 6375- current implementing law
o at least 12% of the total registered voters of which every legislative district is represented by at
least 3%
o petition shall state the following
 contents or text of the proposed law
 proposition
 reason or reasons therefor
 that it is not one of the exceptions
 signatures of the petitioners or registered voters
 abstract or summary
o COMELEC shall set a special registration day at least 3 weeks before a scheduled initiative or
referendum
o Election Registrar shall verify the signatures on the basis of
 the registry list of voters
 voters’ affidavits
 voters’ identification cards used in the immediately preceding election
o COMELEC shall call and supervise the conduct
o within 30 days from receipt the COMELEC shall publish the same in Filipino and English at least
twice in newspapers of general nations and local circulation and set the date of the initiative or
referendum not earlier than 45 days but not later than 90 days from the determination by the
COMELEC of the sufficiency of the petition
o Proposition shall be submitted to and approved by a majority of the votes cast by all the registered
voters of the Philippines
o effective 15 days following the completion of publication of the proposition and the certification
by the COMELEC in the Official Gazette or in a newspaper of general circulation in the
Philippines
o prohibitive measures
 no petition embracing more than one subject shall be submitted to the electorate
 statutes involving emergency measures cannot be subject to referendum until 90 days
after its effectivity