ARTICLE VI

LEGISLATIVE

SECTION 1: 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.

 The original provision on legislative is the first portion of Section 1, ‘The legislative power shall be
vested in the Congress of the Philippines, which shall consist of the Senate and the House of
Representatives’.

 With the advent of people’s initiative, brought about by and inspired by the people power, the 1987
Constitution invented a system of direct democracy where the people themselves can directly
legislate. That is now the second portion, except to the extent reserved to the people by the provision
of initiative and referendum.

 Jones Law was enacted by US Congress to govern the Philippines. It provided for bicameral
legislature. Unicameral has one house. Bicameral has two houses – lower house or upper house,
smaller house or bigger house or depending where you are. Subsequently, the 1935 Constitution
started with unicameral legislature, then later amended to become bicameral. In the 1973
Constitution, they had unicameral National Assembly, but later amended to unicameral Batasang
Pambansa. In the 1987 Constitution, the voting on whether it would be unicameral or bicameral was
very closed. Bicameral had 23 votes. Unicameral had 22 votes. Bicameral won. Because of this
event, some provisions were affected. There were provisions in the Constitution that were designed
or made for unicameral.

Instances where legislators failed to adjust to be in tune with bicameral legislature:

1. Amendment of the Constitution proposed by the Congress upon the vote of 2/3 of Congress. (This
was made for unicameral Congress)

2. Membership in the Judicial and Bar Council. This states a Representative from the Congress. (The
Congress consists of two houses – Senate and the House of Representatives

Instances where legislators adjusted the provisions to be in tune with bicameral legislature:
1. Section 4, Article 7 of the 1987 Constitution: In case of tie in the Presidency, The President will be
chosen by Congress voting separately.

2. Nominees to replace the President. When Arroyo ascended to Presidency, she chose Guingona as her
Vice President. Congress’ confirmation was required. So, she proposed that Congress vote
separately.

3. On the proclamation of Martial Law, Congress made voting jointly – agree with the declaration or
disagree with the declaration.

What is a legislative power?

 Legislative Power is the authority to make, alter or repeal laws.

 The 1935, 1973, and the 1987 constitutions grant plenary (meaning: full, total and unlimited)
legislative power to the Legislature. Thus, any power deemed to be legislative by usage and
traditions is necessarily possessed by Congress, unless the organic act is lodged in initiative and
referendum.

What is the extent of the plenary power of the Congress?

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 Congress may legislate on any subject matter, provided that its substantive and procedural requirements
found in the Constitution must be observed.

What is doctrine of non-delegability legislative power?

The issuance by administrative bodies of rules and regulations by virtue of the statutes creating them is
not law making function power but only a rule making power or law executing function.

For instance, Congress crafted a law creating agencies and in that law, they identified which
administrative bodies will craft the rules and regulations, you call that implementing rules and
regulations (IRR).

When administrative bodies craft IRR, that is not a law-making function, so it does not violate the
doctrine of non-delegability of legislative power. Because they are not performing a legislative function.
They are only executing, it is an act of execution, it is a rule-making power. It is not a law-making
power. So that administrative bodies may be allowed either to fill up the details of already complete
statutes or ascertain the facts necessary to create a continual flow or actual operation.

The crafting of administrative rules, implementing rules and regulations does not violate the principles
of non-delegability of legislative power for as long as the statute making the delegation

1. It is complete by itself – by setting forth the policy to be implemented

2. It must fix a standard to which the delegate must conform

Is the crafting of IRR a violation of a doctrine of non-delegability of legislative power?

Answer: No (Explain why)

Principle of Separation of Powers

The principle of separation of powers means the legislation belongs to Congress, execution belongs to
the Executive, and settlement of legal controversies belongs to the Judiciary. However, the separation is
not total, it allows for check and balances, which means no department is able to act without the
cooperation of at least one of the other department.

What is meant by Checks and Balances?

The purpose of separation of powers is to prevent of concentration of powers in one department and
thereby to avoid tyranny of one department over the other.

Negative Result or Down side of Separation of Powers and Checks and Balances
Inefficiency and gridlock if there is too much checks and balances.

 Legislative power remains to be a limited power. It is subject to the limitations. It is subject to the
limitations provided by the Constitution and found in the Article III: Bill of Rights, the allowable
subjects of legislation, and also procedural limitations such as those prescribed in the manner of
passing bills and in the form they shall take.

Why do we say legislative power is a limited power?

Because it is subject to limitation.

Two kinds of legislative power

1. Original Legislative Power – possessed by sovereign people
2. Derivative Legislative Power – is one which has been delegated by the sovereign people to
legislative bodies

Two classification of legislative power

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 1. Constituent – power to amend or revise the constitution
2. Ordinary – power to pass ordinary laws/statutes

 When Congress will tackle the proposal to amend or revise the constitution, they constitute
themselves into a Constituent Assembly, because they will be performing a constituent legislative
function. It is not an ordinary function. It is not as if they are making laws. They are revising or
amending the constitution, that entails legislative constituent power.

Holders of legislative power

1. Sovereign – people themselves; holders of or original legislative power
2. Legislature – holds derivative legislative power
3. By the people themselves under initiative and referendum
4. Instances provided by law in the constitution; the President may exercise emergency legislative
powers, when authorized by Congress.

SECTION 2: 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.

SECTION 3: 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.

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.

SECTION 5: (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.

Section 5 ‘The House of Representatives shall be composed of not more than two hundred members’ is an
original provision. There is an exemption, otherwise provided by law. The Constitution fixed the
membership into 250 members, but it does not stay on that number because in ordinary legislation, the
numbers of the members of the House of Representatives may increase. The members shall be elected from
a legislative district. The entire country is divided into legislative districts apportioned among provinces,
cities, and the 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.

What is the composition of the House of Representatives?

The House of Representatives is composed of Representatives from legislative districts and party-list
Representatives.

Nowhere in the constitution you may find Congressman as referring to the member of the Congress.

(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,

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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.

20% of the 250 members shall constitute the party-list representatives

Paglaum vs COMELEC

(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.

We do not follow this. There has never been reapportionment done after the adaption of 1987 Constitution.

The House of Representatives shall be composed of not more than two hundred and fifty members, unless
otherwise fixed by law – which means the total number of the House can be increased by statute, which can
be done through reapportionment (which I just have said never happened in the past) or through a creation of
new provinces or cities melt in one legislative district.

Benigno Aquino vs COMELEC

 This is a case filed by Noynoy Aquino when he was still a Senator.
 The President during that time was Gloria Arroyo. She had a son, who wanted to become a
Representative in Camarines. So, she passed a law creating a district for her son.
 This was questioned by Benigno Aquino in the Supreme Court. Aquino said that legislative district
shall have a population of 250,000 to be entitled to a Representative.
 Note: Aquino wrongly read the constitution because population of 250, 000 is required only in
city/cities, not in province/s. You may create a legislative district with less than 250,000 members
and that province may entitle to a Representative.

Three important cases:

Ang Bagong Bayani vs COMELEC (June 26, 2001) GR No. 1475189

 In the case of Bagong Bayani,, it settled the question of which parties and organizations are qualified
to be voted for in party list elections.
 The Supreme Court ruled that the intent of the Constitutional Commission and that of the
implementing law, RA No. 7941, was not to allow all associations to participate indiscriminately in
the party-list system but to limit participation to parties or organizations representing ‘the
marginalized and the underprivileged’.
 The Supreme Court said that not all can participate, only the parties and organizations representing
the marginalized and underprivileged because the party-list system is a social justice tool.
 Bernas disagrees with this decision of the Supreme Court, because he said there is no such
ideological requirement (meaning marginalized and underprivileged) is found in Section 6 of Article
6 of the Constitution neither in RA 7941 prescribes it. To Bernas, this decision is one of the instances
of what may be called Judicial Legislation.

BANAT vs COMELEC (April 2009) GR. No. 179271

 The question of who are entitled to participate in the party-list system came up and it was discussed,
it is part of the issue that the doctrine in Ang Bagong Bayani case is not supported by the
Constitution or the party-list law. However, when the Justices voted for it, the voting was 8:7, they
were unable to reverse the doctrine in Ang Bagong Bayani.

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  Many of the justices agreed that there is no basis for the Ang Bagong Bayani doctrine, yet they failed
to reverse it, so the doctrine in Ang Bagong Bayani case continues.
 In Banat case, the twenty percent ratio of representatives is defined. The number of party-list
representatives must be proportionately increased for every increase in the number of district
representatives.

Atong Paglaum VS comelect (April 2015) GR 2037666

The Supreme Court agreed that it must be marginalized but the marginalization does not necessarily
mean economic marginalization. It does not mean they are poor.
 Our concept of party-list party is the one that is economically marginalized, but in Paglaum case,
national and regional parties may also mean marginalized. But the regional parties had a hard time
winning in the regular election in legislative districts so they created a regional party-list. The party-
list system participants must be marginalized, but this time a regional and national party-list was
marginalized, not economically, but politically.Their entry is through party-list system.

Explain Bagong Bayani case and Atong Paglaum case. Are they necessarily conflicting each other or
complementarily to each other?

Look for Commentary of Bernas on Atong Paglaum case (April 2013)

SECTION 6: 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.

The qualification requirement is residence, not domicile.

Residence is a place of abode, whether permanent or temporary.
Domicile means permanent residence to which one when absent has the intention to return.

3 Interesting cases on domicile:

1. Romualdez Marcos vs COMELEC (September 18, 1995) GR No. 119776

The case of Imelda when she ran in Leyte in 1995. Imelda is originally from Leyte. There is no denying that
she has been to other places when her husband Marcos went to different places. When Imelda ran, her
residency in Leyte was questioned. The Supreme Court said her domicile of origin is in Holog, Leyte. Leyte
has been her domicile of origin. The Supreme Court also said she never abandoned her domicile origin.

2. Aquino vs COMELEC
Butch Aquino was the brother of Cory Aquino. He ran for the House of Representatives in Makati. In 1992,
Arroyo was the only Representative in Makati. Makati was then a single legislative district. The same year,
Makati was split into two legislative districts – first and second district. Aquino ran for second district.
Somebody questioned his domicile. The domicile of origin of Butch Aquino is Tarlac. He has never
abandoned Tarlac as domicile of origin. Even if he abandoned Tarlac and tried to reside in Makati, he has
not established yet his domicile in Makati because it will take one year to establish domicile into new
domicile. He has not established the domicile in Makati.

3. Domino vs COMELEC
Domino was from Condon, Ilocos Sur. He must have changed his domicile of origin to Quezon City because
he ran in Quezon City for the House of Representatives in 1995 only that he lost. In 1998, he transferred to
Saranggani and ran for Congress representing Saranggani. The Supreme Court said he was not able to

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establish his domicile in Saranggani because his domicile of origin is in Candor, Ilocos Sur. Then he
changed it to Quezon City. He was not able to establish his domicile in Saranggani.

The key here is a domicile of origin. Anywhere you go provided there is no showing of abandonment like
Imelda, then that is your domicile.

SECTION 7: 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.

Term is the legal length of time that one holds office, dictated by law or constitution. Senate – 6 years
House of Representatives – 3 years

Tenure is the actual time that a person holds office. By law that is the length, that is the duration of how
long will one stay in office.

No member of the House of Representatives shall serve for two consecutive terms.

SECTION 8: 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: 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.

RA 6455 prescribes the manner of filling up the vacancy in the House of Representatives and in the Senate.
The procedure is the House where the vacancy occurs shall pass a resolution declaring the existence of
vacancy and call for a special election to fill up such vacancy. The COMELEC shall schedule the election
not earlier than 45 days or later than 90 days from the resolution.

Resolution from the House of Representatives  Special Election

Your election must be for three years and shall serve for three years.

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.

In 1987, the House of Representatives pass a law increasing the salary of the members of the House of
Representatives, but it was not until 1998. After the election in 1998 will this increase be implemented. It
has to exhaust the full term.

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. 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.

Conditions:
1. The offense must be punishable by not more than 6 years of imprisonment
2. While Congress is in session

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First Sentence: A Senator or Member of the House of Representatives shall, in all offenses punishable
by not more than six years of imprisonment, be privileged from arrest while the Congress is in session.

1935 Constitution  The members shall in all cases except treason, felony, and breach of the peace, be
privileged from arrest.
1973 and 1987 Constitution  Members shall be privileged from arrest for all offenses punishable by not
more than six years of imprisonment.

The privilege from arrest applies for as long as Congress is in session whether or not the legislator is
attending it.

Question: A member of the House of Representatives was charged from an offense punishable by not
more than 6 years. He was seen playing golf in Baguio. The policeman arrested him. Is that a violation
from the privilege from arrest?
Answer: No, because the Congress is in session, whether or not a member is attending a session. He will be
privileged from arrest.

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

The key here is in any other place for any speech or debate in the Congress or in any committee thereof.

Question: Banat was attending a committee hearing, he said a lot of things. Can he be sued?
Answer: He cannot be questioned nor be held liable except in Congress itself. He cannot be sued for libel.

If the libellous statement was made in the plenary by the member, still he cannot be sued or held liable. Only
disciplinary actions may be applied.

Even if he is not in the plenary like Committee hearing or People’s gym, that is still Congress, the immunity
is carried by the member of the Congress.

Parliamentary freedom of speech or debate is a guarantee of immunity from answerability, an outside forum
before but from not an answerability from Congress. Congress has the right and power to discipline its
members.

SECTION 12: 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.

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.

Remember the term, you are elected for three years, you cannot hold any other office or employment in the
government, without forfeiting seat. Take for example, Butch Abad, author of DAP. He was a member of
HR, representing Batanes, during the time of Cory Aquino. He was enticed by the latter to accept DAR
Secretary post. He forfeited his seat in the House. But Commission on Appointments rejected his cabinet
post. Hence, he was never able to serve. He lost two posts.

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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 – members of the House of Representatives who have
agencies where the salary of the employees was increased. This member of the house cannot accept any
position where the salary was increased during his term.

Question: After his term and he is no longer a house member, can he accept position?
Answer: No, if you were a member of the House at the time where the salary or emoluments was increased,
you cannot or never accept a position, the position where the salary was increased during your term in the
House of Representatives.

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.

 These are members of the House, who are also lawyers.

 1987 Constitution as prohibitional. Under 1935 Constitution, the Commission on Appointments
holds the appointments of the Justices.
 There was this member of the House who was appearing in the sala of a Judge. The Judge went
down to his courtroom to welcome that House member, happened to be the litigant in the case.
Because of this kind of event, the House member cannot appear personally before the Court or any
Judge.

Personal appearance
Question: I have a law office. May my law office appear representing a litigant in a sala or in a court
or in any electoral tribunal or quasi-judicial offices?
Answer: Yes, the prohibition is only personal appearance.

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, 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.

 1935 Constitution  Congress held session for 100 days.

 4th Monday of July  State of the Nation Address of the President; beginning of the session; it will
continue to be in session until 30 days before the next SONA or 4 th Monday of July. All year round
except the 30 days before the next opening of Congress, that is the mandatory recess or sine die
(last or final adjournment of Congress). Every day they adjourn, but the final adjournment is 30 days
before the next regular session.

SECTION 16. (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.

Santiago vs Guingona
The appeal of Sen. Tatad challenged the election of Guingona as a minority leader. The Supreme Court said
that they cannot intervene because that matter belongs to the Congress to settle.

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(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.

What is a quorum?
Majority of each house constitutes a quorum. If there are 260 legislators and 59 party-list, one half of
the total number of the legislators plus one is the quorum.

(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.

If a member of the house lambasted someone. It is true that he, being a member of the House, may not be
sued outside of Congress, but the Congress itself may discipline him (member) under the provision of
Article XVI, Section 3.

Osmena Jr. vs Pendalton

Disciplinary proceedings initiated in the house against Osmena

Paredes vs Sandiganbayan

(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.

Documents kept by Congress:

Journal  a summary of the proceedings of Congress publish daily

The duty to keep the journal is to ensure publicity of the proceedings of the legislature as a proof to what
actually transpired.

Record  word for word record of the proceedings; given a year after

US vs Pons
The defendant Pons was charged and the statute charging him of violation, according to him, was
unconstitutional for having been passed after the last allowable day of session. But what the journal would
tell must be followed. Journal versus extraneous evidence.

Enrolled bill doctrine  is a bill that has been approved by one House bearing the signature of the Speaker
and the Secretary of the House, likewise, the signature of the Senate President and the Secretary of the
Senate.
 Duly authenticated copy of the resolution bearing the signature of House of
Representatives Speaker and Secretary and Senate’s Senate President and
Secretary.

Mabanag vs Lopez-Vito
The context of the journal conflicts with the enrolled bill. Authenticated bill is one binding in the courts.
a. Journal against extraneous evidence. You follow the journal.

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 b. If the journal conflicts with an enrolled bill or authenticated bill, the enrolled bill must be followed as
against the journal. There is already an imprint of authenticity in the enrolled bill. It bears the
signatures of the Speaker, Senate President and respective Secretaries of both Houses.

(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.

Adjournment
 Neither Houses can adjourn without the consent of the other. That is why from time to time, both
houses will agree with each other on the calendar because there is a joint resolution of both houses to
follow the calendar.
 Joint resolution to follow the calendar. Cannot go to recess without the other.
 Both cannot adjourn without the other.
 Schedule of the sessions is a concurrent resolution of both House of Representatives and Senate.

SECTION 17. 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.

Electoral Tribunals is the sole judge of all contests relating to the election, returns, and qualification of their
respective members.

Composition: 9 members (3 Justices of the Supreme Court and 6 Members of the House of Representatives

How they will be chosen? Based on Proportional representation from the political parties – Let us say, you
need 6 members. PDP almost are members of PDP, so if the PDP consists of 2/3 of the members of the
House of Representatives, the Electoral Tribunal shall be also composed of 2/3 of PDP members, because of
the proportional representation. Proportion to their number in the House of Representatives.

Bondoc vs Pineda

 There must be an election contest - the defeated candidate challenges the credentials of a member,
not only to dislodge him but also to take his seat.
 If there is no election contest, then there is no case that comes with the jurisdiction of the Electoral
Tribunals. So before the electoral tribunals can take recognizance of the case, there must be an
election contest - it must protest the election of another.
 If there is no election contest, the respective body itself, not the electoral tribunal may inquire the
credentials of the member and judge his qualification. That is why every after election all elected
members of the House of Representatives must present to the Secretariat their declaration from the
COMELEC that they are the ones who won in the election and such other documents.
 Even if there is no contest that has been filed, the House of Representatives itself will check on the
qualifications of the members of the house.
 When there is already a proclamation, then the tribunal has jurisdiction, Take for example, Juan won
and proclaimed by COMELEC as truly elected Representative of Cagayan. If somebody will contest
that election. Then the electoral tribunal will have jurisdiction. If there is no proclamation happened,
then the electoral tribunals has no jurisdiction. The jurisdiction now belongs to the COMELEC. But
in reality, it is somehow impossible because COMELEC has to proclaim the winners right away.

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  General rule: If there is no proclamation, cases or controversies for the election of the members of
the House or Representatives, exemption: in case of manifest error in the certificate of canvass or
election returns.

What are manifest errors?

Errors which cannot be verified except by opening of the ballot boxes are not considered manifest errors, so
errors that can be verified by just looking at it or applying arithmetic or simple mathematics in the results of
the election.

Election returns are the basis of the canvass.

Electoral tribunals are independent constitutional creation, promulgating its own rules and regulations,
without the Control of the House of Representatives.

SECTION 18. 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.

Commission on Appointments
 It shall consist of the President of the Senate, 12 Senators and 12 members of the House of
Representatives.
 Its function or power is to act on all the appointments submitted to it within the session days of the
Congress. The Commission will shall rule by the majority of all its members
 The membership of this agency shall be based on proportional representation from the political
parties or organizations or party-list represented.
 The function of the CA is to agree on the appointments made by the President.
 To confirm or confirm the appointments made by the President
 Intended to serve as an administrative check

SECTION 19. 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.

Guingona vs Gonzales
Proportional representation

 The Constitution does not require Electoral Tribunals to have a complete number of members.

SECTION 20. 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.

 There is a Committee on Accounts in the House of Representatives. It handles all the money of the
House of Representatives.

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SECTION 21. 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.

Section 21 looks the same with section 22. Section 22 is also about investigation but not in aid of legislation,
it is part of the oversight function of the Congress. It looks the same with section 21, but they are not the
same nor connected to each other.

Arnold vs Nazareno
It is a case that justifies that even in the 1935 Constitution even if there was no provision similar to Section
21, there was already a recognition that Congress has an inherent right or power to conduct inquiries in aid
of legislation.

3 Limitations of the power in aid of legislation (in the provision itself)

1. Must be in aid of legislation
2. In accordance with published rules
3. The rights of the person attending or appearing must be respected.

Bengzon Jr vs Blue Ribbon Committee

Facts: Sen. Enrile delivered a privilege speech before the Senate suggesting the need to determine the
existence of violations in the alleged transfer of some properties of Kokoy Romualdez (brother of Imelda
Marcos) to LOPA Group of Companies (belongs to the relatives of Cory Aquino). Enrile emphasized in his
privilege speech that there must be an investigation in the transfer of properties. Then the matter was
referred to the Blue Ribbon Committee, which brought the controversy to the Supreme Court
Rulings: The Supreme Court ruled that the investigation is not in aid of legislation, because the speech of
Enrile does not contain suggestion of contemplated legislation, but merely pointed out the need to determine
whether the relatives of Cory Aquino violated the law when they acquired the properties of Kokoy
Romualdez.

Bernas commentary: He suggested that the Blue Ribbon Committee has jurisdiction in conducting the
investigation because the requirement that in aid of legislation is not difficult to satisfy. The totality of
legislative power, which is plenary and unlimited, is possessed by Congress.

SECTION 22. 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.

1935 Constitution  The content was permissive. The department heads could appear but the legislature
was not obligated to entertain them. Reciprocally, the legislature could request their appearance but could
not oblige them specially if the President objected.

EO 464

Senate vs Ermita, GR. NO. 169777

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Facts: This is about the validity of section 2 and 3 of EO 464, which bans Cabinet officials, bureaucrats, and
Police Generals from appearing in Congressional hearings without executive clearance for testimonies
sought by Congress in aid of legislation.
Rulings: The Supreme Court invalidated section 2 and 3, which is the ban, in effect, the decision clarifies
that the Congress may compel officials to appear in hearings in aid of legislation. The President can ban
officials from appearing in Congress during question hour or inquiries not related to pending legislation.

Section 21 and Section 22 do not pertain to the same power. Section 21 specifically relates the power of
Congress to conduct inquires in aid of legislation. The aim is to illicit information that may be used for
legislation. When Congress requires the appearance of the department heads, their appearance is mandatory
as long as in aid of legislation. On the other hand, Section 22 pertains to the power to conduct a question
hour, the objective of which is to obtain information in pursuit of Congress oversight function.

SECTION 23: (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.

2nd Paragraph: 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.

Remember: Only in times of war or other national emergencies that the Congress may pass a law
authorizing the President within a limited period and subject to some restrictions as it may prescribe to
exercise powers necessary to carry out a declared national policy.

 This is a law passed by Congress but may be withdrawn by resolutions.

 Ordinarily, a law must be repealed by another law, but by constitutional mandate, a law passed by
Congress authorizing the President to exercise limited power may be withdrawn by a mere resolution
of Congress, which is very easy because it does not need to pass 3 readings.
 If not, such power will cease upon the next adjournment of Congress. When Congress adjourns, the
law will cease also. It does not need to repeal by another law or withdrawn by a resolution.
 The paragraph 2 of section 23 is related to section 17 of Article 12 as clarified in the case of David vs
Arroyo.

Article 12, Section 17

In times of national emergency, when the public interest so requires, the State may, during the emergency
and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately-
owned public utility or business affected with public interest.

By executive fiat, law may be passed authorizing the pres to exercise emergency powers.

David vs Arroyo (May 3, 2006) G.R. No. 171396

Bernas in all his earlier books has another interpretation of sec 17, article 12. His interpretation was that by
executive fiat or order a law may be passed authorizing the president to exercise emergency powers.

In David vs Arroyo case, this particular provision was refined by the Supreme Court. It said it must be
passed by Congress not by executive fiat as written by Bernas in his old commentaries. The authority must
be given by Congress not by executive fiat.

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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, but the
Senate may propose or concur with amendments.

Exclusive origination of appropriation laws, revenues, tariff bills, bills authorizing the increase of public
debt and private bills. These bills must start with the House of Representatives otherwise there is no bill to
speak of.

Tolentino vs Secretary of Finance

The meaning of origination from the House of Representatives and the scope of the power of the Senate is to
introduce amendments. The exclusivity of the prerogative of the House of Representatives means simply
that the House alone can initiate the passage of the revenue or appropriation bills. Such that a house does
not initiate one, no revenue or appropriation laws can be passed. Once the House approves a revenue or
appropriation bill, the senate can completely overhaul it by amendment of parts or amendment by
substitution and come out with a completely different from what the House of Representatives has approved.
If the House of Representatives approves a cut looking bill, the Senate may come up with this substitution
that a dog looking bill, and that still be constitutional.

SECTION 25: (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.

1st Paragraph: It pertains only to the prohibition to increase the presidential budget, not about the budget for
the Congress or for the Judiciary. No provision or enactments shall be embraced in the appropriation bill
unless it relates specifically to some particular appropriations bill. Any such provision or enactment shall be
limited in its operations to the appropriation to which it relates.

2nd Paragraph: The appropriation bill must contain only appropriations. Appropriations bill is a law.
Everything inside is a law. So no rider shall be included. Provisions on related to the appropriation bill is
considered prohibited riders, therefore unconstitutional.

3rd Paragraph: It shall be the same with other departments.

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4th Paragraph: Not only the general appropriations law shall be enacted, also the special appropriation bills.

5th Paragraph:
 General rule: No law shall be passed authorizing any transfer of appropriations. In the appropriation
law or any other laws, no law shall be passed authorizing the transfer of appropriation.
 The Executive branch cannot transfer appropriations to any other appropriations specially those are
considered crossed border. This particular provision of law was cited as one violated by DAP during
the time of Noynoy Aquino. There was a transfer of funds from one department to another (crossed
border of funds), from executive to judiciary. This kind of transfer is clearly a violation of the
constitution.
 However, the President, Senate President, Speaker of the House, Chief Justice and Heads of the
Constitutional Commissions, may by law, under the general appropriation act be authorized to
augment any items in their general appropriations for their respective offices from savings to any
other items of their respective appropriations.
 Exemption: The transfer is possible but within the department only.
 If the Congress fails to pass the appropriation bill for the next fiscal year, the appropriation bill of the
current year will be re-enacted. The disadvantage of this is the budget for the completed items cannot
use for the next fiscal year, only identified items in the current year can be utilized.

Aurelio vs Aquino (February 3, 2019), GR No. 209287

DAP case

READ: Article of Former Justice Artemio Panganiban, Philippine Inquirer, July 6, 2014

SECTION 26. (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.

1st Paragraph: This is to prevent confusion.

2nd Paragraph: How a bill become a law:

1. Filing of a bill and receiving by the House of Representatives

2. First Reading:
 Reading of the Bill – Title, author and the assigned number of the bill;
 Referring to the Appropriate Committee to study and recommend
 Making of report by the assigned committee.
3. Second Reading:
 The Committee on rules will schedule the bill for consideration
 Period of sponsorship, debate, amendments, and voting
4. Third Reading:
 Distribution of the final form of the bill three days before the third reading
 Voting
 No amendment shall be allowed during this period
5. Transmittal of the bill to the Senate
 It undergoes the same legislative procedures
6. Conference Committee will settle or reconcile conflicting provisions or differences of both the
House of Representatives and the Senate.

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 7. Transmittal of the bill to the President
 Approved bill: He will sign it for publication and distribution to the implementing agencies.
 Vetoed bill: He will return it to the House of origination, including the communication of the reason
of his veto, but the House of Representatives may override the veto by 2/3 of votes of its members.
 Failure to respond in 30 days, the bill will lapse into law.

necessity of its immediate enactment to meet a public calamity or emergency – three readings but may
do in one day. No objection may happen.

Conference Committee
 Third Congress
 It reconciles or settles conflicting provisions or differences of both the House of the Representatives
and the Senate.
 Not mentioned in the constitution

SECTION 27. (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.

Why the President can veto only item on the Appropriation Bill?
If the President will veto the whole, it will go through a lot, no enough time for that. No appropriation will
be used for the next year round.

Philippine Consar vs Enriquez

The doctrine of Inappropriate Provision

Executive impoundment

SECTION 28. (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.

1st Paragraph: The power of taxation is one of the inherent powers of the government.

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Does Section 28 grant the government the power to tax?
Answer: No, it merely enunciates the limitation on the power of taxation, and because the power of taxation
is an inherent power of the State.

2nd Paragraph: One of the powers given to the President is to fix important bills.

3rd Paragraph: Exemption was given to charitable institutions from realty taxes but an on land buildings and
improvements must be actually, directly and exclusively used for religious, charitable and educational
purposes.

SECTION 29. (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.

This section was touched in the DAP case.

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.

Question: Is it prohibited for Congress to increase the appellate jurisdiction of the Supreme Court?
Answer: False, but it has to be with the concurrence of the members of the Supreme Court.

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,
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.

 It is an ordinary law.
 There is a law implementing this.
 It is declared by the Supreme Court that is not applicable to amendments of the constitution.
 That law is valid only in people’s initiative in ordinary laws but not to amend the constitution.

RA No. 7375

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