ARTICLE VI: THE LEGISLATIVE DEPARTMENT

Section 1: The legislative power shall be vested in the Congress of the Philippines Legislative power
- authority under the constitution to make laws and subsequently, when the need arises, to alter and
repeal them.

Law - refers to 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.

Scope of legislative power of Congress

1. Plenary or General - a grant of legislative power means the grant of all legislative power for all
purposes of civil government.
2. Legislative powers not expressly delegated deemed granted - the delegated power of our
Congress are broader than the legislative power of American Congress

Two Classification of Power of Congress

Primary function of Congress is to legislate
1. General Legislative Power - power to enact laws intended as rules of conduct to govern the
relationship among individuals and the State.
2. Specific Power - powers which the Constitution expressly directs or authorizes Congress to
exercise like the power to choose who shall become President in case two or more have the
highest or equal number of votes to confirm certain appointment by the President.
3. Implied Power - they are those essential or necessary to the effective exercise of the powers
expressly granted. Like the power to conduct inquiry and investigation in aid of legislation to punish
for contempt and to determine the rules of its proceedings.
4. Inherent Power - powers which are possessed and can be exercised by every government
because they exist as an attribute of sovereignty.
Principle of Separation of Powers
1. Presidential System - power of the government are divided into 3 classes: Executive, legislative
and Judicial.
2. Parliamentary System - there is a fusion rather that a separation of the two classes: Policy making
and Policy Executing. Prime minister is the head of government.
3. French presidential - parliamentary system-variant of two types of government

Principle of check and balance - Constitutional provisions authorize a considerable amount of

encroachment or checking by one department in the affairs of the other.

Section 2. The Senate shall be composed of 24 Senators who shall be elected at large by the
qualified voters of the Philippines, as may be provided by law.

Section 3. No person shall be a Senator unless:

- He is a natural-born citizen of the Philippines
- Is at least thirty-five years of age on the day of the election
- Able to read and write,
- A registered voter
- A resident of the Philippines for not less than two years immediately preceding the day of the
election

Section 4: 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.

Registered Voter - is one who has all the qualification for a voter and none of the disqualifications
provided by law and who has registered himself in the list voters.
Residence - is the place where one has his true permanent home and to which, whenever absent he
has the intention of returning.

Section 5. Composition of The House of Representatives:

• not more than 250 members, 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,
• shall be elected through a party-list system of registered national, regional, and sectoral parties or
organizations.
- The party-list representatives shall constitute 20% 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, 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.
• Each legislative district shall comprise, as far as practicable, continuous, 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.
• 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. Section 6: Qualification of
member of House of representative: - He is a natural-born citizen of the Philippines
- is at least 25 years of age, on the day of the election,
- 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.

Section 7: The Members of the House of Representatives shall be elected;

1. 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.
2. No Member of the House of Representatives shall serve for more than three consecutive terms.
3. 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.

Section 8: Regular election of the Senators and the Members of the House of Representatives shall
be held on the second Monday of May. Section 9: 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.

Kinds of Election for Members of Congress 1. Regular

Election - held on the 2nd Monday of May.
2. Special Election - may be called incase a vacancy arises in the senate or House of Representative
to fill such vacancy in the manner prescribed by law.

Section 10: 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. Section 11: 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
- freedom from being questioned from any speech or debate in the Congress or in any committee
thereof

Section 12: All Members of the Senate and the House of Representatives shall upon assumption of
office:
1. Make a full disclosure of their financial and business interests.
2. 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.

Section 13: 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 Section 14: 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.

Section 15: 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.

2 kinds of Session:
1. Regular Session - convene once every year on the fourth Monday of July
2. Special Session - The President may call a special session at any time.

Section 16: The Senate shall elect its President and the House of Representatives its Speaker.

Quorum- a number of the membership of an assembly, or collective body as is competent to transact

its business.
Ordinarily, a quorum consist of ½ plus 1 of the members of the body.

Rules of Procedure - rules made by any legislative body to regulate the mode and manner of
conducting its business.

Legislative Journal - defined as the official record of what is done and passed in a legislative
assembly.

Section 17: The Senate and the House of Representatives shall each have an Electoral Tribunal.
Compositions of Electoral Tribunal:
• shall be composed of nine members, 3 of whom shall be Justices of the Supreme Court to be
designated by the Chief Justice, and 6 shall be Members of the Senate or the House of
Representatives, as the case maybe,
• 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.

Section 18: Compositions of Commission on Appointments:

1. President of the Senate
2. Twelve Senators
3. Twelve Members of the House of Representatives

Section 19: The Electoral Tribunals and the Commission on Appointments shall be:
1. 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.
2. 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.

Section 20: The records and books of accounts of the Congress shall be:
1. preserved and be open to the public in accordance with law
2. 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: The Senate or the House of Representatives or any of its respective committees may
conduct:
1. Inquiries in aid of legislation in accordance with its duly published rules of procedure.
2. The rights of persons appearing in or affected by such inquiries shall be respected.

Section 22: The heads of departments with the consent of the President, shall provide; 1. appear
before and be heard by such House on any matter pertaining to their departments.
2. 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.
3. Interpellations shall not be limited to written questions, but may cover matters related thereto.
4. 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.

Section 23: The Congress, 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:

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.

Section 24: 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.
Appropriations bill - the primary and specific aim of which is to make appropriations of money from the
public treasury.

Kinds of Appropriations:
1. Annual or General Appropriations - they set aside annual expenses for the general operations of
the government.
2. Special or Supplemental Appropriations - include all appropriations not contained in the budget.
3. Specific Appropriations - sets aside a named sum of money for the payment of a particular
expense
4. Continuing Appropriations - one w/c provides a definite sum to be always available year to year.

Meaning of other bills:

1. Revenue bill - primary purpose is to raise revenue
2. Tariff bill - reference to one imposing custom
3. Bill authorizing increase of the public debt - one which creates public indebtedness such as a bill
providing for the issuance of bonds and other forms of obligations.
4. Bill of local application - affecting purely local or municipal concerns like one creating a city or
municipality or changing its name.
5. Private bill - affecting purely private interest such as one granting a franchise to a person or
corporation or compensation to a person for damages suffered by him by which the government
considers itself liable.

Section 25: Budget

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 appropriations bill unless it relates
specifically to some particular appropriation therein
3. The procedure in approving appropriations for the Congress shall follow the procedure for
approving appropriations for other departments and agency
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 proposal therein.
5. No law shall be passed authorizing any transfer of appropriations;
6. Discretionary funds appropriated for particular officials shall be disbursed only for public purposes
7. If Congress 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.

Budget - financial program of the national government for a designated calendar year.
Section 26: Every bill passed by the Congress shall embrace only one subject which shall be
expressed in the title thereof.

Requirements as to Subject and Title of the Bill 1. One title, one

subject - a proposed law is called a bill.
2. Purpose of Constitutional requirement:
- To prevent hodge-podge or log rolling legislation - To
prevent surprise or fraud upon legislature - To fairly appraise
the people.

Steps in the passage of a bill

1. First reading - any member of either House may present a proposed bill, signed by him for 1st
reading and reference to the proper committee.
2. Referral to appropriate committee - after 1st reading, the bill is referred to the proper committee for
study and consideration.
3. Second reading - if the bill id favored by the committee, it is forwarded to the Committee on Rules.
4. Debates - general debate is now opened . Amendment may be proposed by any member of
Congress.
5. Printing and distribution - the bill is then ordered in its final form
6. Third reading - only the title of the bill is read on the floor. Nominal voting is held
7. Referral to the other house - if approved, the bill is passed to the other house where it will take the
same procedure.
8. Submission to joint bicameral committee - differences if any, between the House’s bill and the
Senates amended version and vice versa are submitted to a conference committee of members of
both Houses.
9. Submission to the President - a bill approved on the 3rd reading shall be printed and submitted to
the president for his approval or disapproval. Either signed or sent back with a veto message from
the president.

Section 27: Every bill passed by the Congress shall, before it becomes a law, be presented to the
President.
Bill - a draft of a law submitted to the consideration of a legislative body for its adoption. Statute -
written will of the legislature as an organized body expressed according to the form necessary to
constitute it into a law of the State, the term “act” is often used in referring to a statute.

Formal parts of a law:

1. Title - Announces the subject matter of the act.
2. Preamble - follows the title and precedes the enacting clause.
3. Enacting clause - it serves as a formal mean of identifying the legislative body that enacts the law.
4. Body - portion containing the proposed law or statute itself
5. Effectivity clause - portion providing for the time when the law shall take effect. A law takes effect
in 15 days following the completion of its publication in the official gazzette.

Veto - a latin term for “I forbid” or “deny”. It is the power vested in the President to disapprove acts
passed by the Congress

Purpose of a Veto
- To enable the executive department to protect its integrity as an equal branch of the government -
To provide a check on hasty, corruptor ill-considered legislation.

Resolutions - defined as a formal expression of opinion, will, or intent by an official body or

assembled group.

Kinds of resolution:
1. Simple - if passed by either House for its exclusive use or purpose
2. Concurrent - if passed independently in one House and rarified by the other in the same manner
as a bill.
3. Joint - if approved by both House meeting in joint session but voting separately

Section 28. The rule of taxation shall be uniform and equitable.

Uniformity in Taxation
Means that “all taxable articles or properties of the same class shall be taxed at the same rate.
Implies equality in burden, not in amount. Exemption of certain entities and properties from
tax - Test of exemption- covers only property taxes and not other taxes. - Note that only those
w/c are non profit are exempted from tax.

Section 29: No money shall be paid out of the Treasury except in pursuance of an appropriation
made by law.
- No public money or property shall be appropriated, applied, paid, or employed, directly or
indirectly,
- All money collected on any tax levied for a special purpose shall be treated as a special fund. -
Appropriation - an authorization by law that money maybe paid out of the public treasury.

Section 30: No law shall be passed increasing the appellate jurisdiction of the Supreme Court as
provided in this Constitution without its advice and concurrence.

Section 31: No law granting a title of royalty or nobility shall be enacted.

Section 32: The Congress shall, as early as possible, provide for a system of initiative and
referendum.

Initiative - reserved power of the people to directly propose and enact laws at polls called for the
purpose independently of Congress or of a local legislative body.

Referendum - the process by which any act or law or part thereof passed by the Congress or by a
local legislative body is submitted to the people for their approval or disapproval.
ARTICLE VI- LEGISLATIVE DEPARTMENT

1. Legislative Power
 It is the authority to make laws and to alter or repeal them.

1. Qualifications of Senators (See Section 3)

a. Natural-born Filipino citizen;

b. At least 35 years old on the day of the election;

c. Able to read and write;

d. Registered voter;

e. Resident of the Philippines for not less than 2 years immediately preceding the day
of the election.

2. Qualifications of Members of House of Representatives

a. Natural-born Filipino citizen;

b. At least 25 years old on the day of the election;

c. Able to read and write;

d. Registered voter in the district in which he shall be elected;

e. Resident of said district for not less than 1 year immediately preceding the day of
the election.

3. Limits on Legislative Power

a. Substantive Limits curtail the contents of a law. For example, no law may be
passed which impairs freedom of speech.

b. Procedural limits curtail the manner of passing laws. For example, a bill must
generally be approved by the President before it becomes law.

4. Other basic concepts

a. Provided that the substantive and procedural limitations found in the Constitution
are observed, the Congress may legislate on any subject matter. In other words,
the legislative power of Congress is plenary.

b. Congress cannot pass irrepealable laws. The power of present and future
legislatures must remain plenary. When one attempts to pass an irrepealable law,
to that extent it attempts to limit the power of future legislatures. The power of any
legislature can be limited only by the Constitution.
 c. Congress cannot delegate its legislative power. Legislative power must remain
where the people have lodged it. However, there are two exceptions to this rule:

d. By immemorial practice legislative power may be delegated to local governments;

e. The Constitution itself might in specific instances allow delegation of legislative
power. (See Section 28, paragraph 2)

f. A local ordinance must not violate law passed by Congress.

Under Section 4

a. A senator may serve for more than two terms, provided that the terms are not consecutive.

Under Section 7

a. A member of the House may serve for more than three terms, provided that the
terms are not consecutive.

Under Section 11

a. The privilege from arrest is available while the Congress is in session, whether
regular or special and whether or not the legislator is actually attending a session.
Hence it is not available while Congress is in recess.

 Since the purpose of the privilege is to protect the legislator against

harassment which will keep him away from legislative session, there is no
point in extending the privilege to the period when Congress is not in
session.
 When is Congress in session? See Section 15

b. Members of Congress are not exempt from detention for crime. They may be
arrested, even when the house is in session, for crimes punishable by a penalty of
more than six years.

c. Scope of the parliamentary privilege of speech

 The privilege is a protection only against forums other that the Congress
itself. It does not protect the assemblyman against the disciplinary
authority of the Congress but it is an absolute protection against suits for
libel.
 To come under the privilege, it is not essential that the Congress be in
session when the utterance is made. What is essential is that the
utterance must constitute legislative action, that is, it must be part of the
deliberative and communicative process by which legislators participate
in committee or congressional proceedings in the consideration of
proposed legislation or of other matters which the Constitution has placed
within the jurisdiction of the Congress.

Under Section 21

a. Purpose of legislative investigation

 The power of inquiry – with process to enforce it – is an essential and

appropriate auxiliary to the legislative function. A legislative body cannot
legislate wisely or effectively in the absence of information respecting the
conditions which the legislation is intended to affect or change; and
 where the legislative body does not itself possess the requisite
information – which is not infrequently true – recourse must be had to
others who do possess it.

b. The requirement that the investigation be in aid of legislation is not difficult to

satisfy. It is not necessary that every question propounded to a witness must be
material to a proposed legislation. In other words, the materiality of the question
must be determined by its direct relation to the subject of the inquiry and not by its
indirect relation to any proposed or possible legislation. The reason is that the
necessity or lack of necessity for legislative action and the form and character of
the action itself are determined by the sum total of the information to be gathered
as a result of the investigation, and not by a fraction of such information elicited
from a single question.
c. “The rights of persons appearing in or affected by such inquiries shall be respected”
is just another way of saying that legislative investigations must be subject to the
limitations placed by the Constitution on governmental action. Such limitations
being principally found on the bill of rights.

Under Section 32

a. Congress does not have the exclusive right to pass national legislation. Sec 32 has
introduced the concept of “initiative and referendum” whereby the people
themselves can legislate. The enabling law is RA 6735, the Initiative and
Referendum Law.