CONSTITUTIONAL LAW I

WEEKLY COURSE TARGETS – MIDTERM EXAM

(A.Y. 2021-2022)
Week Topics

7 IX. LEGISLATIVE DEPARTMENT

A. Who may exercise legislative power

1. Congress (Sec. 1) – General plenary powers
2. Regional/Local legislative power (Sec 32, RA 6735, LGC or RA 7160– local
initiative cover a resolution (Garcia v. COMELEC)
3. People’s initiative on statutes – RA 6735 (PEAR in whole/part)
Initiative
a. Sec 3 Initiative - a power to propose amendments to the constitution
TECFP
2 essential elements of local initiative (Lambino v COMELEC,et. al)
1. The people must author and sign entire proposal
2. The proposal must be embodied in a petition
b. Indirect Initiative – proposition sent to Congress or local legislative
body for action
Referendum – power of the electorate to approve/reject legislation TECFP
a. On statutes – passed by Congress
b. On Local Law – passed by Regional Assemblies or local leg. Bodies
4. The President under a martial law rule or in a revolutionary government – the
president may have powers of commanding general in a theatre of war (not a
legislative power (Lagman v. Medaldea)

B. Houses of Congress
1. Senate – Sec 2 (24 senators), Sec 4 (6y 12nn of June 30, 2 consecutive terms)
2. House of Representatives - Sec 5(1) party list system NRSPO 20%, Sec 6 –
natural born, 25-30y able to RW (Amores v. HRET) , reg voter, resident of not
less than 1y before election), Sec 7 – 3y for 3 consecutive term, 12nn June 30)
Track record? Enough that their principal advocacy concerns their sector
(Abang Lingkod v. COMELEC)
a. District representatives and questions of apportionment (Sec 5 (1) – 250
members
b. Party-list system (R.A. No. 7941) – Sec 5(2) – 20%. Sec 5 (3) 250,000
population or province
Who can not register? – RVFSLPO RA 7941 Sec 6
1. Religious sect
2. Advocate violence and unlawful means
3. Foreign party or organization
4. Receiving support from any foreign government
5. Violates/ fails to comply with LRR of election
6. Fails to participate in 2 preceding elections or fails to obtain 2% of
votes
Ex to No change of names? –RA 7941 Sec 8 DWI
1. Dies
2. Withdraws
3. Incapacitated

l C. Legislative privileges, inhibitions and disqualifications

Privileges
1. salaries Sec 17 – P 340k, VP, PS, SHR 240k, ConCom 180k, Sec 10 – no
increase until after expiration of term (Philconsa v. Mathay – retirement benefits,
Ligot v. Mathay- salary increase)
2. freedom from arrest Sec 11 (1) – a.) not more than 6y (People v. Jalosjos-
convicted) b.) congress must be in regular or special session, Trillanes v. Pimentel
(detention prisoner)
3. speech and debate clause Sec 11 (2) - parliamentary immunity
a. in the performance of their official functions ( Jimenez v. Cabangbang)
b. bills introduced
c. others acts in and outside in the official discharge of duties (Trillanes v.
Castillo Marigomen)
Disqualification Sec. 13, applies to (a) office or employment in GSAI, (b) GSAI,
GOCC and subsidiaries
1. Incompatible Office - purpose: (1) prevent owing loyalty (2) independence
of legislature (Liban v. Gordon – sui generis)
2. Forbidden Office – purpose: to prevent trafficking in public office (1) office
created during his term (2) office whose emoluments has been increased
during his term
Other prohibitions
1. Sec 14 – personally appear as counsel, purpose: partiality of the tribunal
(Puyat v. De Guzman)
2. Sec 12 – duty to disclose, Full disclosure of financial and business interest –
purpose: possible conflict of interest
3. Art XI Sec 17- SALN

D. Quorum and voting majorities

1. election of officers Sec 16 (1) – majority vote for PS, SHR
2. quorum Sec 16(2) – compel absent members (Avelino v. Cuenco- out of the
the country not included), LGU quorum constitutes ALL members
3. rules of proceedings Sec 16 (3) discipline 2/3 for suspension/expulsion not
exceeding 60 days
4. journal and congressional records

E. Journal and Congressional Records

(1) The Enrolled Bill Theory
(2) Probative value of the journal
(3) Matters required to be entered in the Journal
(4) Journal Entry Rule v. Enrolled Bill Theory
(5) Congressional Record

F. Sessions
(1) Regular sessions
(2) Special sessions
(3) Joint sessions
(a) Voting separately
(b) Voting jointly

G. Discipline of members

H. Commission on Appointments
 9 I. Electoral tribunals

J. Powers of Congress

1. Legislative
a. General plenary powers
b. Legislative inquiries and the oversight functions
c. Bicameral conference committee

Week Topics

10 d. Limitations on legislative power

(1) Substantive limitations
(2) Procedural limitation

11 e. Limitations on revenue, appropriations, and tariff measures

f. Presidential veto and Congressional override

2. Non-legislative
a. Informing function
b. Power of impeachment

3. Other non-legislative powers