Congress (Art.

VI, §§ 2-10)
Congress (Art. VI, §§ 2-10)

Composition of Congress / Composition of Senate

The Congress of the Philippines which shall consist of a Senate and a
House of Representatives. (art 6 §1)

Senate of the Philippines

House of Representatives of the Philippines (Wikipedia)
The Congress of the Philippines (Filipino: Kongreso ng Pilipinas) is
the bicameral legislature of the Philippines. It consists of the Senate (upper
house) and the House of Representatives (lower house),[1] although
colloquially, the term "Congress" commonly refers to just the latter. [a]
The Senate is composed of 24 senators [2] half of which are elected every
three years. Each senator, therefore, serves a total of six years. The
senators are elected by the whole electorate and do not represent any
geographical district.
In the ongoing 18th Congress, there are 304 seats in the House of
Representatives. The Constitution states that the House "shall be
composed of not more than 250 members, unless otherwise fixed by law,"
and that at least 20% of it shall be sectoral representatives. There are two
types of congressmen: the district and the sectoral representatives. At the
time of the ratification of the constitution, there were 200 districts, leaving
50 seats for sectoral representatives.
The district congressmen represent a particular congressional district of the
country. All provinces in the country are composed of at least one
congressional district. Several cities also have their own congressional
districts, with some having two or more representatives. [1] From 200
districts in 1987, the number of districts have increased to 243. Every new
Congress has seen an increase in the number of districts.
The party-list congressmen represent the minority sectors of the
population. This enables these minority groups to be represented in the
Congress, when they would otherwise not be represented properly through
district representation. Also known as party-list representatives, sectoral
congressmen represent labor unions, rights groups, and other
organizations.[1] With the increase of districts also means that the seats for
party-list representatives increase as well, as the 1:4 ratio has to be
respected.
The Constitution provides that Congress shall convene for its regular
Congress (Art. VI, §§ 2-10)

session every year beginning on the 4th Monday of July. A regular session
can last until thirty days before the opening of its next regular session in the
succeeding year. The president may, however, call special sessions which
are usually held between regular legislative sessions to handle
emergencies or urgent matters.[1]
In the Philippines, the most common way to illustrate the result in a Senate
election is via a tally of candidates in descending order of votes. The
twelve candidates with the highest number of votes are elected.
For the House of Representatives, a voter has two votes in the House
of Representatives: one vote for a representative elected in the voter's
congressional district (first-past-the-post), and one vote for a party in the
party-list system (closed list), the so-called party-list representatives; party-
list representatives shall comprise not more than 20% of the House of
Representatives.
 PARTY-LIST COMPOSITION: To determine the winning parties in
the party-list election, a party must:
 surpass the 2% election threshold of the national vote;
 usually, the party with the largest number of votes wins the
maximum three seats, the rest two seats.
 If the number of seats of the parties that surpassed the 2%
threshold is less than 20% of the total seats, the parties that
won less than 2% of the vote gets one seat each until the 20%
requirement is met.
 Bicameralism v. Unicameralism
This is how BICAMERALISM works under the present system:

Section 1, Article VI of the Constitution states:

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. (emphasis supplied)
Legislative power (or the power to propose, enact, amend and
repeal laws)53 is vested in Congress which consists of two
chambers, the Senate and the House of Representatives. A valid
exercise of legislative power requires the act of both chambers.
Corrollarily, it can be exercised neither solely by one of the two
Congress (Art. VI, §§ 2-10)

chambers nor by a committee of either or both chambers. Thus,

assuming the validity of a legislative veto, both a single-chamber
legislative veto and a congressional committee legislative veto are
invalid.
Additionally, Section 27(1), Article VI of the Constitution provides:
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.
(emphasis supplied)
Every bill passed by Congress must be presented to the President
for approval or veto. In the absence of presentment to the
President, no bill passed by Congress can become a law. In this
sense, law-making under the Constitution is a joint act of the
Legislature and of the Executive. Assuming that legislative veto is
a valid legislative act with the force of law, it cannot take effect
without such presentment even if approved by both chambers of
Congress.
In sum, two steps are required before a bill becomes a law. First, it
must be approved by both Houses of Congress. 54 Second, it must
be presented to and approved by the President. 55 As summarized
by Justice Isagani Cruz56 and Fr. Joaquin G. Bernas, S.J. 57, the
following is the procedure for the approval of bills:
A bill is introduced by any member of the House of
Representatives or the Senate except for some measures
Congress (Art. VI, §§ 2-10)

that must originate only in the former chamber.

The first reading involves only a reading of the number and
title of the measure and its referral by the Senate President
or the Speaker to the proper committee for study.
The bill may be "killed" in the committee or it may be
recommended for approval, with or without amendments,
sometimes after public hearings are first held thereon. If
there are other bills of the same nature or purpose, they may
all be consolidated into one bill under common authorship or
as a committee bill.
Once reported out, the bill shall be calendared for second
reading. It is at this stage that the bill is read in its entirety,
scrutinized, debated upon and amended when desired. The
second reading is the most important stage in the passage of
a bill.
The bill as approved on second reading is printed in its final
form and copies thereof are distributed at least three days
before the third reading. On the third reading, the members
merely register their votes and explain them if they are
allowed by the rules. No further debate is allowed.
Once the bill passes third reading, it is sent to the other
chamber, where it will also undergo the three readings. If
there are differences between the versions approved by the
two chambers, a conference committee 58 representing both
Houses will draft a compromise measure that if ratified by the
Senate and the House of Representatives will then be
submitted to the President for his consideration.
The bill is enrolled when printed as finally approved by the
Congress, thereafter authenticated with the signatures of the
Senate President, the Speaker, and the Secretaries of their
respective chambers…59
The President’s role in law-making.
The final step is submission to the President for approval.
Once approved, it takes effect as law after the required
publication.
(ABAKADA GURO PARTY LIST (formerly AASJS)1
OFFICERS/MEMBERS SAMSON S. ALCANTARA, ED
VINCENT S. ALBANO, ROMEO R. ROBISO, RENE B.
Congress (Art. VI, §§ 2-10)

GOROSPE and EDWIN R. SANDOVAL, petitioners, vs.

HON. CESAR V. PURISIMA, in his capacity as Secretary of
Finance, HON. GUILLERMO L. PARAYNO, JR., in his
capacity as Commissioner of the Bureau of Internal
Revenue, and HON. ALBERTO D. LINA, in his Capacity as
Commissioner of Bureau of Customs, EN BANC, G.R. No.
166715, August 14, 2008)
Bicameralism is also expressed on how Congress acts/VOTES on certain
matters:
 Declaration of existence of state of war. Article VI,
“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.”
 Election of President and Vice-President. Article VII,
“xxx The person having the highest number of votes shall
be proclaimed elected, but in case two or more shall
have an equal and highest number of votes, one of them
shall forthwith be chosen by the vote of a majority of all
the Members of both Houses of the Congress, voting
separately.”
 Vacancy in the OVP. Article VII, “SECTION 9.
Whenever there is a vacancy in the Office of the Vice-
President during the term for which he was elected, the
President shall nominate a Vice-President from among
the Members of the Senate and the House of
Representatives who shall assume office upon
confirmation by a majority vote of all the Members of
both Houses of the Congress, voting separately.”
 Declaration of incapacity of the President. Article
VII, “SECTION 11. Xxx If the Congress, within ten days
after receipt of the last written declaration, or, if not in
session, within twelve days after it is required to
assemble, determines by a two-thirds vote of both
Houses, voting separately, that the President is unable
Congress (Art. VI, §§ 2-10)

to discharge the powers and duties of his office, the

Vice-President shall act as the President; otherwise, the
President shall continue exercising the powers and
duties of his office.”
It is only in the case of Congressional review of the President’s exercise of
calling out powers, of martial law and of suspension of the privilege of
habeas corpus that JOINT VOTING is required: “SECTION 18. The President
shall be the Commander-in-Chief of all armed forces of the Philippines and
whenever it becomes necessary, he may call out such armed forces to prevent or
suppress lawless violence, invasion or rebellion. In case of invasion or rebellion,
when the public safety requires it, he may, for a period not exceeding sixty days,
suspend the privilege of the writ of habeas corpus or place the Philippines or any
part thereof under martial law. Within forty-eight hours from the proclamation of
martial law or the suspension of the privilege of the writ of habeas corpus, the
President shall submit a report in person or in writing to the Congress. The
Congress, voting jointly, by a vote of at least a majority of all its Members in
regular or special session, may revoke such proclamation or suspension, which
revocation shall not be set aside by the President. Upon the initiative of the
President, the Congress may, in the same manner, extend such proclamation or
suspension for a period to be determined by the Congress, if the invasion or
rebellion shall persist and public safety requires it.”
Bicameralism became an issue in the composition of the JBC under
Article VIII (Judicial Department) of the Consti. Why? On the matter of
the proper application of Congress’ representation in the Judicial and Bar
Council.
 Art. 8, SECTION 8. (1) A Judicial and Bar Council is hereby created
under the supervision of the Supreme Court composed of the Chief
Justice as ex officio Chairman, the Secretary of Justice, AND A
REPRESENTATIVE OF THE CONGRESS as ex officio Members, a representative
of the Integrated Bar, a professor of law, a retired Member of the
Supreme Court, and a representative of the private sector. Congress
is entitled to only one representative in the JBC in the same way that
its co-equal branches are.
 There was no mechanism required between the Senate and the
House of Representatives in the screening and nomination of judicial
Congress (Art. VI, §§ 2-10)

officers; so, both Houses of Congress agreed on a six-month

rotational representation in the JBC, wherein the House of
Representatives will represent Congress from January to June and
the Senate from July to December. This is now the current practice in
the JBC.
 the ex officio members of the JBC consist of representatives from the
three main branches of government, to wit: the Chief Justice of the
Supreme Court representing the judiciary, the Secretary of Justice
representing the executive, and a representative of the Congress
representing the legislature. The unmistakable tenor of Section 8(1),
Article VIII of the 1987 Constitution was to treat each ex officio
member as representing one co-equal branch of government having
equal say in the choice of judicial nominees. To allow the
legislature to have more than one representative in the JBC in
accordance with the argument of petitioners that because of
bicameralism, each House of Congress should have one
member in the JBC, would negate the principle of equality among
these three branches of the government, which is enshrined in the
Constitution. In other words, bicameralism does not always apply
because the Constitution provides for a unified Congress in certain
circumstances.
 Notably, the JBC was created to support the executive power to
appoint, and Congress, as one whole body, was merely assigned a
contributory non-legislative function. No parallelism can be drawn
between the representative of Congress in the JBC and the exercise
by Congress of its legislative powers under Article VI and constituent
powers under Article XVII of the Constitution. Congress, in relation to
the executive and judicial branches of government, is constitutionally
treated as another co-equal branch in the matter of its JBC
representation
 Umali vs JBC, EN BANC, July 25, 2017, G.R. No. 228628

QUESTION: HOW ABOUT FOR AMENDMENTS AND REVISONS OF THE

CONSTI? How should Congress vote?
Congress (Art. VI, §§ 2-10)

The issue of voting jointly or separately could be a political question, but

that it is actually a legal one or, a justiciable question. The arguments for
voting separately for AMENDMENT AND REVISION OF THE
CONSTI:
• Voting separately is the norm for Congress.
 In all but one of the provisions where the manner of voting is
specified, Congress is made to vote separately. This may lend
credence to the argument that the two houses of Congress should
vote separately when it comes to other matters as well, such as when
they propose Constitutional amendments or revisions.
 It appears that the intent of the framers was for Congress to vote
separately when proposing amendments and revisions to the
Constitution. In CHAVEZ V. JUDICIAL AND BAR COUNCIL , the Supreme Court
ruled, [T] he exercise of legislative and constituent powers requires the
Senate and House of Representatives to coordinate and act as distinct
bodies in furtherance of Congress’ role under the constitutional scheme.
Further, in SANIDAD V. COMELEC, the Supreme Court held that the
power to propose amendments and revisions to the Constitution, is
but a part of legislative powers. Hence, inasmuch as the manner of
voting in the exercise of legislative powers is done separately, the
exercise of constituent powers should likewise be voted on
separately.
LAST, UT MAGIS VALEAT QUAM PEREAT. The Constitution is to be interpreted
as a whole. A reading of the 1987 Constitution reveals that it is only
in Section 18, Article VII that Congress was expressly allowed to vote
jointly, that is, in revoking or extending the proclamation of martial law
and the suspension of the privilege of the writ of habeas corpus. By
the maxim of expressio unius est exclusion alterius, it is therefore,
only under said section that Congress votes jointly, not separately.
• The general rule is that the Houses of Congress should vote
separately, in line with the bicameral nature of our Legislature.
Congress (Art. VI, §§ 2-10)

For next Lecture

Qualification of Senators
Question:
The Constitution prescribes a maximum of five (5) qualifications
for one to be a candidate for, elected to, and be a member of the
Senate. Sec. 3, Article VI of the Constitution, which states:
SECTION 3. No person shall be a Senator unless he is a (1) natural
- born citizen of the Philippines, and, on the day of the election, is
(2) at least thirty - five years of age, (3) able to read and write, (4) a
registered voter, and (5) a resident of the Philippines for not less
than two years immediately preceding the day of the election.
Suppose that the COMELEC, for purposes of the 2022
elections, invoking its authority vested in it under the
Constitution, Batas Pambansa Blg. 881 (Omnibus Election
Code), [RA] 9165 and other election laws, issues a resolution
on the conduct of mandatory drug testing to candidates for
public office that includes members of Congress, in line with
the anti-drug campaign of the Duterte administration. The
Resolution provides:
SECTION 1. Coverage. - All candidates for public office, both
national and local, in the May 10, 2022 Synchronized National
and Local Elections shall undergo mandatory drug test in
government forensic laboratories or any drug testing
laboratories monitored and accredited by the Department of
Health.
IS THIS RESO CONSTITUTIONAL? Does COMELEC have
the power to impose additional requirements to qualify as a
candidate for Congress?
ANSWER:
NO. COMELEC cannot, in the guise of enforcing and
administering election laws or promulgating rules and
regulations to implement the Omnibus Election Code, validly
Congress (Art. VI, §§ 2-10)

impose qualifications on candidates for senator in addition to

what the Constitution prescribes. Not even Congress could
validly add to those qualifications prescribed by the
Constitution. If Congress cannot require a candidate for
senator to meet such additional qualification, the COMELEC,
to be sure, is also without such power. The right of a citizen in
the democratic process of election should not be defeated by
unwarranted impositions of requirement not otherwise
specified in the Constitution
(P IMENTEL VS. COMELEC, E N B ANC , G.R. NO. 161658 , N OVEMBER 3, 2008)

Senators’ Term of Office / Staggering of Terms

Question:
What happens to the term of office of a mid-term Senator (on the 3 rd
year in office comes on the day of the election) who runs for
President in the 2022 elections? What happens to his/her protest for
the presidential election if he/she continues to discharge his/her
functions as Senator after June 30, 2022?
Answer: READ Miriam Defensor-Santiago vs. Fidel Valdez
Ramos,EN BANC, P.E.T. Case No. 001, February 13, 1996

Question:
What is the purpose of the Constitution in STAGGERING THE
TERMS of the first 12 Senators and the next 12 senators? Is this
about the character of the Senate as a CONTINUING BODY? Is the
Senate indeed a continuing body? If so, are there LIMITATIONS to its
being a continuing body in the exercise of certain legislative
functions?
Answer: READ – Neri vs. Senate Committee on Accountability of
Public Officers et al., EN BANC, G.R. No. 180643 September
4, 2008

 Party-List System
Read: Wikipedia, https://en.wikipedia.org/wiki/Party-
list_representation_in_the_House_of_Representatives_of_the_Philip
pines#:~:text=Party-list%20representation%20in%20the%20House
Congress (Art. VI, §§ 2-10)

%20of%20Representatives%20of,elected%20by%20a%20type%20of
%20party-list%20proportional%20representation.

Legislative Districts
Questions:
1. What are the requirements for apportionment and re-apportionment of
legislative districts?
2. This was a Bar Question:
Article V1, Section 5(3) of the Constitution requires that for a city to be
entitled to have at least one representative, its population shall be at least:
a. 250,000;
b. 150,000;
c. 100,000;
d. 175,000.
Answer to No. 1:
Article VI (entitled Legislative Department) of the 1987 Constitution lays down
the rules on legislative apportionment under its Section 5 which provides:
Sec. 5(1). (1) The House of Representatives shall be composed of not
more than two hundred 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.
xxx
(3) 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.
(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.
Read: Bagabuyo vs. COMELEC, EN BANC, G.R. No. 176970, December 8,
2008
Congress (Art. VI, §§ 2-10)

Question:
What happens to the term of office of incumbent congressmen when
their districts are re-apportioned?
Answer: READ Nograles vs COMELEC,EN BANC, [ G.R. No. 246328,
September 10, 2019 ]
ANSWER QUESTION NO. 2 ABOVE FOR YOUR SELF-EVALUATION.
Congress (Art. VI, §§ 2-10)

Privilege from Arrest

 Privilege
 Purpose
 Scope
 Limitations
 Privilege is Personal
The Supreme Court, in the case of People vs. Jalosjos, EN BANC,
G.R. No. 132875-76, February 3, 2000:
The immunity from arrest or detention of Senators and members
of the House of Representatives, the latter customarily
addressed as Congressmen, arises from a provision of the
Constitution. The history of the provision shows that privilege
has always been granted in a restrictive sense. The provision
granting an exemption as a special privilege cannot be extended
beyond the ordinary meaning of its terms. It may not be
extended by intendment, implication or equitable considerations.
The 1935 Constitution provided in its Article VI on the Legislative
Department.
Sec 15. The Senators and Members of the House of
Representatives shall in all cases except treason, felony,
and breach of the peace be privileged from arrest during
their attendance at the sessions of Congress, and in going
to and returning from the same, . . .
Because of the broad coverage of felony and breach of the
peace, the exemption applied only to civil arrests. A
congressman like the accused-appellant, convicted under Title
Eleven of the Revised Penal Code could not claim parliamentary
immunity from arrest. He was subject to the same general laws
governing all persons still to be tried or whose convictions were
pending appeal.
The 1973 Constitution broadened the privilege of immunity as
follows:
Art. VIII, Sec. 9. A Member of the Batasang Pambansa
shall, in all offenses punishable by not more than six years
imprisonment, be privileged from arrest during his
attendance at its sessions and in going to and returning
from the same.
Congress (Art. VI, §§ 2-10)

For offenses punishable by more than six years imprisonment,

there was no immunity from arrest. The restrictive interpretation
of immunity and intent to confine it within carefully defined
parameters is illustrated by the concluding portion of the
provision, to wit:
. . . but the Batasang Pambansa shall surrender the
member involved the custody of the law within twenty four
hours after its adjournment for a recess or for its next
session, otherwise such privilege shall cease upon its
failure to do so.
The present Constitution adheres to the same restrictive rule
minus the obligation of Congress to surrender the subject
Congressman to the custody of the law. The requirement that he
should be attending sessions or committee meetings has also
been removed. For relatively minor offenses, it is enough that
Congress is in session.

 Trillanes Case
Read: Trillanes IV vs. CASTILLO-MARIGOMEN, G.R. No.
223451, March 14, 2018
This was a Bar Question:
A Senator or Member of the House of Representatives
shall be privileged from arrest while Congress is in session
for all offenses punishable by imprisonment of not more
than:
a. life imprisonment;
b. reclusion perpetua;
c. six years imprisonment;
d. four years imprisonment.

Parliamentary freedom of speech and debate

 Requirements
 Purpose
 Scope
 Privilege Not Absolute
READ:
Congress (Art. VI, §§ 2-10)

Pobre vs. Defensor-Santiago, A.C. No. 7399, August 25, 2009;

FOR THE NEXT LECTURE

I. Duty to Disclose, Disqualifications and Prohibitions (§§ 12-14)

A. Duty to Disclose
B. Prohibitions
 Prohibitions
 Disqualifications
 Prohibitions on lawyer-legislators
 Conflict of interests

II. Internal Government of Congress (§§ 15-16)

 Sessions
 Adjournment
 Officers
 Quorum Internal Rules
 Disciplinary Powers
 Legislative Journal and Congressional Record
 Enrolled Bill Doctrine