Professional Documents
Culture Documents
Qualifications
Discipline:
1.) Suspension
Sec. 15: REGULAR AND SPECIAL SESSIONS
1. Concurrence of 2/3 of ALL its members and
Regular Sessions:
2. Shall not exceed 60 days.
1.) Congress convenes once every year on the
2.) Expulsion
4th Monday of July (unless otherwise provided for by
law) 1. Concurrence of 2/3 of ALL its members.
2.) Continues in session for as long as it sees fit, Congressional Journals and Records:
until 30 days before the opening of the next regular
session, excluding Saturdays, Sundays, and legal 1.) The Journal is conclusive upon the courts.
holidays.
2.) BUT an enrolled bill prevails over the contents of
Special Sessions: the Journal.
Called by the President at any time when Congress is 3.) An enrolled bill is the official copy of approved
not in session. legislation and bears the certifications of the presiding
officers of each House. Thus where the certifications
Sec. 16. Officers: are valid and are not withdrawn, the contents of the
enrolled bill are conclusive upon the courts as regards
1.) Senate President;
the provision of that particular bill.
2.) Speaker of the House; and
Adjournments:
3.) Each House may choose such other officers as
1.) Neither House can adjourn for more than 3 days
it may deem necessary.
during the time Congress is in session without the
Election of Officers consent of the other House.
By a majority vote of all respective members. 2.) Neither can they adjourn to any other place than
that where the two houses are sitting, without the
Quorum to do business: consent of the other.
1. Majority of each House shall constitute a Section 17: THE ELECTORAL TRIBUNAL
quorum.
2. A smaller number may adjourn from day to The Senate and the House shall each have an
day and may compel the attendance of absent Electoral Tribunal which shall be composed of:
members.
1. 3 Supreme Court Justices to be designated
by the Chief Justice; &
2. 6 Members of the Senate or House, as the 4.) Judicial review of decisions of the ETs may be
case may be. had with the SC only insofar as the decision or
resolution was rendered without or in excess of
The senior Justice in the Electoral Tribunal shall be jurisdiction or with grave abuse of discretion
its Chairman. constituting denial of due process.
Note: The congressional members of the ET’s shall Section 18: THE COMMISSION ON
be chosen on the basis of proportional representation APPOINTMENTS
from the political parties and party-list organizations.
Composition:
Jurisdiction:
1.) Senate President as ex-officio chairman;
1.) Each ET shall be the sole judge of all
CONTESTS relating to the election, returns, and 2.) 12 Senators; and
qualifications of their respective members. This
includes determining the validity or invalidity of a 3.) 12 Members of the House.
proclamation declaring a particular candidate as the
Note: The 12 Senators and 12 Representatives are
winner.
elected on the basis of proportional representation
2.) An ‘election contest’ is one where a defeated from the political parties and party-list organizations.
candidate challenges the qualification and claims for
Voting/Action
himself the seat of a proclaimed winner.
1.) The chairman shall only vote in case of a tie.
3.) In the absence of an election contest, the ET is
without jurisdiction. However, the power of each 2.) The CA shall act on all appointments within 30
House to expel its own members or even to defer session days from their submission to Congress.
their oath-taking until their qualifications are
determined may still be exercised even without an 3.) The Commission shall rule by a majority vote of
election contest. all the Members.
1.) Since the ET’s are independent constitutional 1.) CA shall confirm the appointments by the
bodies, independent even of the House from which President with respect to the following positions:
the members are respectively taken, neither
Congress nor the Courts may interfere with 1. Heads of the Executive Departments (except
procedural matters relating to the functions of the if it is the Vice-President who is appointed to the
ET’s, such as the setting of deadlines or filing their post).
election contests with the respective ETs. 2. Ambassadors, other public ministers or
consuls.
2.) The ETs being independent bodies, its members 3. Officers of the AFP from the rank of Colonel
may not be arbitrarily removed from their positions in or Naval Captain: and
the tribunal by the parties which they represent. 4. Other officers whose appointments are vested
Neither may they be removed for not voting according in him by the Constitution (e.g. COMELEC
to party lines, since they are acting independently of members).
Congress.
2.) Congress CANNOT by law prescribe that the
3.) The mere fact that the members of either the appointment of a person to an office created by such
Senate or the House sitting on the ET are those law shall be subject to confirmation by the CA.
which are sought to be disqualified due to the filing of
an election contest against them does not warrant all 3.) Appointments extended by the President to the
of them from being disqualified from sitting in the ET. above-mentioned positions while Congress is not in
The Constitution is quite clear that the ET must act session shall only be effective until disapproval by the
with both members from the SC and from the Senate CA or until the next adjournment of Congress.
or the House. If all the legislator-members of the ET
Meetings of the CA
were to be disqualified, the ET would not be able to
fulfill its constitutional functions. 1.) CA meets only while Congress is in session.
2.) Meetings are held either at the call of the 1. The power to punish for contempt is inherent
Chairman or a majority of all its members. in Congress and this power is sui generis. It
cannot be exercised by local government units
3.) Since the CA is also an independent unless they are expressly authorized to do so.
constitutional body, its rules of procedure are also
outside the scope of congressional powers as well as Limitations:
that of the judiciary.
1. The inquiry must be conducted in accordance
Note: The ET and the CA shall be constituted within with the ‘duly published rules of procedure’ of
30 days after the Senate and the House of the House conducting the inquiry; and
Representative shall have been organized with the 1. The rights of persons appearing in or affected
election of the President and the Speaker. by such inquiries shall be respected. Ex. The
right against self-incrimination.
Sections 21-22: LEGISLATIVE INQUIRIES
Appearance by department heads before
Scope: Congress:
1. Either House or any of their committees may 1. Since members of the executive department
conduct inquires ‘in aid of legislation’. are co-equals with those of the legislative
2. “In aid of legislation” does not mean that there department, under the principle of separations
is pending legislation regarding the subject of of powers, department heads cannot be
the inquiry. In fact, investigation may be compelled to appear before Congress. Neither
needed for purposes of proposing future may the department heads impose their
legislation. appearance upon Congress.
3. If the stated purpose of the investigation is to 1. Department heads may appear before
determine the existence of violations of the law, Congress in the following instances.
the investigation is no longer ‘in aid of 1. Upon their own initiative, with the consent of
legislation’ but ‘in aid of prosecution’. This the President (and that of the House
violates the principle of separation of powers concerned); or
and is beyond the scope of congressional 1. Upon the request of either House (which
powers. cannot compel them to attend)
1. The appearance will be conducted in
Enforcement:
EXECUTIVE SESSION when:
1. Since experience has shown that mere 1. Required by the security of state or required
requests for information does not usually work, by public interest; and
Congress has the inherent power to punish 2. When the President so states in writing
recalcitrant witnesses for contempt, and may
Sections 23-24. DECLARATION OF
have them incarcerated until such time that they
WAR/EMERGENCY POWERS
agree to testify.
1. The continuance of such incarceration only Vote requirement: (to declare the existence of a
subsists for the lifetime, or term, of such body. state of war)
Once the body ceases to exist after its final
adjournment, the power to incarcerate ceases 1. 2/3 of both Houses, in joint session
to exist as well. Thus, each ‘Congress’ of the 2. Voting separately
House lasts for only 3 years. But if one is
incarcerated by the Senate, it is indefinite Emergency powers:
because the Senate, with its staggered terms, is
1. During times of war or other national
a continuing body.
emergency, Congress may, BY LAW, authorize
1. BUT, in order for a witness to be subject to
the President to exercise powers necessary and
this incarceration, the primary requirement is
proper to carry out a declared national policy.
that the inquiry is within the scope of Congress’
1. Limitations:
powers. i.e. it is in aid of legislation.
1. Powers will be exercised for a limited
1. The materiality of a question is determined
period only; and
not by its connection to any actually pending
2. Powers will be subject to restrictions
legislation, but by its connection to the general
prescribed by Congress
scope of the inquiry.
1. Expiration of emergency powers operation of the Government as specified in the
1. By resolution of Congress or budget.
2. Upon the next adjournment of 1. Each provision or enactment in the General
Congress Appropriations Bill must relate specifically to
some particular appropriation therein and any
Sections 24-27, 30-31 LEGISLATION such provision or enactment must be limited in
its operation to the appropriation to which it
Bills that must originate from the House of
relates.
Representatives (Section 24)
1. The procedure in approving appropriations for
CODE: A R T Pu Lo P Congress shall strictly follow the procedure for
approving appropriations for other departments
1. Appropriation bills and agencies.
2. Revenue bills 1. A special appropriations bill must specify the
3. Tariff bills purpose for which it is intended and must be
4. Bills authorizing the increase of public debt supported by funds actually available as
5. Bills of local application certified by the National Treasurer or to be
6. Private bills raised by a corresponding revenue proposal
therein.
Note: The Senate may, however, propose or concur 1. Transfer of appropriations:
with amendments. 1. Rule: No law shall be passed authorizing any
transfer of appropriations
Appropriation bills
2. BUT the following may, BY LAW, be
1. The primary and specific aim of an authorized to AUGMENT any item in the
appropriation bill is to appropriate a sum of general appropriations law for their respective
money from the public treasury. offices from savings in other items of their
1. Thus, a bill enacting the budget is an respective appropriations
appropriations bill.
– President
1. BUT: A bill creating a new office, and
appropriating funds therefor is NOT an – President of the Senate
appropriation bill.
– Speaker of the House of Representatives
Revenue Bill
– Chief of Justice of the Supreme Court
1. A revenue bill is one specifically designed to
raise money or revenue through imposition or – Heads of the Constitutional Commissions
levy.
1. Thus, a bill introducing a new tax is a revenue 1. Discretionary funds appropriated for particular
bill, but a provision in, for instance, the officials shall be:
Videogram Regulatory Board law imposing a 1. Disbursed only for public purposes;
tax on video rentals does not make the law a 2. Should be supported by appropriate
revenue bill. vouchers; and
3. Subject to guidelines as may be
Bills of local application prescribed by law.
1. If Congress fails to pass General
A bill of local application, such as one asking for the Appropriations Bill (GAB) by the end of any
conversion of a municipality into a city, is deemed to fiscal year:
have originated from the House provided that the bill
of the House was filed prior to the filing of the bill in i. The GAB for the previous year is deemed
the Senate even if, in the end, the Senate approved reenacted
its own version.
ii. It will remain in full force and effect until the GAB is
Limitations: passed by Congress.
Delegation of power to fix rates b) BUT: This rule does not prohibit continuing
appropriations. e.g. for debt servicing. This is
1) Congress may, BY LAW, authorize the because the rule does not require yearly, or annual
President to fix the following: appropriation.
b) Import and Export Quotas a) Appropriations must be for a PUBLIC
PURPOSE
c) Tonnage and wharfage dues
b) Cannot appropriate public funds or property,
d) Other duties and imposts
directly or indirectly, in favor of
Within the framework of the national development
(i) Any sect, church, denomination, or
program of the Government
sectarian institution or system of religion or
2) The exercise of such power by the President
(ii) Any priest, preacher, minister, or other
shall be within the specified limits fixed by Congress
religious teacher or dignitary as such.
and subject to such limitations and restrictions as it
may impose. EXCEPT if the priest, etc is assigned to:
1) The following properties are exempt from REAL – any penal institution; or
PROPERTY taxes
– government orphanage; or
(CODE: Cha Chu M- CA)
– leprosarium
a) Charitable institutions
c) BUT the government is not prohibited from
b) Churches, and parsonages or convents appropriating money for a valid secular purpose, even
appurtenant thereto if it incidentally benefits a religion, e.g. appropriations
for a national police force is valid even if the police
c) Mosques
also protects the safety of clergymen.
d) Non-profit cemeteries; and
d) ALSO, the temporary use of public property for
e) All lands, buildings and improvements actually, religious purposes is valid, as long as the property is
directly and exclusively used for religious, charitable, available for all religions
or educational purposes.
3) Special Funds
2) All revenues and assets of NON-STOCK NON-
a) Money collected on a tax levied for a special
PROFIT EDUCATIONAL institutions are exempt from
purpose shall be treated as a special fund and paid
taxes and duties PROVIDED that such revenues and
out for such purpose only.
assets are actually, directly and exclusively used for
educational purposes. (Art. XIV Sec 4 (3)) b) Once the special purpose is fulfilled or
abandoned, any balance shall be transferred to the
3) Grants, endowments, donations or contributions
general funds of the Government
used actually, directly and exclusively for educational
purposes shall be exempt from tax. This is subject to Section 32. INITIATIVE AND REFERENDUM
conditions prescribed by law. (Art. XIV. Sec 4 (4))
1) Through the system of initiative and
Section 29. Power of the Purse referendum, the people can directly propose and
enact laws or approve or reject any act or law or part
1) No money shall be paid out of the National
thereof passed by the Congress or local legislative
Treasury EXCEPT in pursuance of an appropriation
body.
made by law.
2) Required Petition