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Code 763 Philippine Public Administration

Midterms Week 7: Legislative Department (1 of 2)

Midterm Week 7.2. Module Content

1.1. Module Content:
      

Nature and Definition

What is Legislative power?

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.

Definition of Legislative Power: The authority to make laws and to alter or repeal them.

Classification of legislative power: (O De CO)

Original
1. – Possessed by the people in their sovereign capacity
Delegated
2. – Possessed by Congress and other legislative bodies by virtue of the Constitution
Constituent
3. – The power to amend or revise the Constitution
Ordinary
4. – The power to pass ordinary laws

Note: The original legislative power of the people is exercised via initiative and referendum.  In this manner, people can directly propose and enact laws, or
approve or reject any act or law passed by Congress or a local government unit.

Limits on the legislative power of Congress:

Substantive
1. – limitations on the content of laws. E.g. no law shall be passed establishing a state religion.
Procedural
2. – limitations on the manner of passing laws. E.g. generally a bill must go through three readings on three separate days.

Note: Provided that these two limitations are not exceeded, Congress’ legislative power is plenary.

Corollaries of legislative power:

Congress
1. cannot pass irrepealable laws. Since Congress’ powers are plenary, and limited only by the Constitution, any attempt to limit the powers of
future Congresses via an irrepealable law is not allowed.
Congress,
2. as a general rule, cannot delegate its legislative power. Since the people have already delegated legislative power to Congress, the latter
cannot delegate it any further.

Exceptions

Delegation
1. of legislative power to local government units;
Instances
2. when the Constitution itself allows for such delegation [see Art. VI Sec. 23(2)]

What may Congress delegate?

Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER or LAW EXECUTION.  This involves either of two tasks for the
administrative agencies:

“Filling
1. up the details” on an otherwise complete statute; or
Ascertaining
2. the facts necessary to bring a “contingent” law or provision into actual operation.

The House of Senate

 
Composition: 24 senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

Qualifications

Natural-born
1. citizen;
At2.least 35 years old on the day of election;
Able
3. to read and write;
A4.registered voter; and
Philippine
5. resident for at least 2 years immediately preceding the day of the election.

Note:  The qualifications of both Senators and Members of the House are limited to those provided by the Constitution.  Congress cannot, by law, add or
subtract from these qualifications.

Term of Office: 6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their election.

Term Limitations:

No
1. Senator shall serve for more than 2 consecutive terms.
Voluntary
2. renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which
he was elected.

The House of Representatives

Composition:

Not
1. more than 25 members, unless otherwise fixed by law; and
Party-list
2. Representatives

Election of 250 members

They
1. shall be elected from legislative districts apportioned among the provinces, cities and the Metropolitan Manila area.
Legislative
2. districts are apportioned in accordance with the number of inhabitants of each area and on the basis of a uniform and progressive ratio.
Each
3. district shall comprise, as far as practicable, contiguous, compact and adjacent territory;
Each
4. city with at least 250,000 inhabitants will be entitled to at least one representative.
Each
5. province will have at least one representative.
Legislative
6. districts shall be re-apportioned by Congress within 3 years after the return of each census. According to Jack, however, while the
apportionment of districts is NOT a political question, the judiciary CANNOT compel Congress to do this.
The
7. standards used to determine the apportionment of legislative districts is meant to prevent ‘gerrymandering’, which is the formation of a
legislative district out of separate territories so as to favor a particular candidate or party.

Qualifications

Natural
1. born citizen of the Philippines;
At2.least 25 years old on the day of the election;
Able
3. to read and write;
Registered
4. voter in the district he seeks to represent; and
A5.resident of such district for at least one year immediately preceding the day of the election.

Term of Office

Each
1. member of the House shall be elected for a term of three (3) years which shall commence (unless otherwise provided for by law) at noon on 30
June next following their election.
Voluntary
2. renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which
he was elected.

Term Limitations

No member of the House of Representatives shall serve for more than three (3) consecutive terms.

What is the difference between Term and Tenure?

 

Distinctions between Term and Tenure

Definition
1.
Terms
2. means the period during which the elected officer is legally authorized to assume his office and exercise the powers thereof.
Tenure
3. is the actual period during which such officer actually holds his position.
Limitation/Possible
4. Reduction
Term
5. CANNOT be reduced.
Tenure
6. MAY, by law, be limited. Thus, a provision which considers an elective office automatically vacated when the holder thereof files a
certificate of candidacy for another elective office (except President and Vice-President) is valid, as it only affects the officer’s tenure and
NOT his constitutional term.

Party-List Representatives

Constitute
1. 20% of the total number of representatives, including those under the party-list system (thus a maximum of 50 party-list members of the
House)
However,
2. for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 92-95 and 95-98 terms), 25 seats shall be allotted to sectoral
representatives. Under Art. XVIII, Sec. 7, the sectoral representatives are to be appointed by the President until legislation otherwise provides.
Mechanics
3. of the party-list system:
Registered
4. organizations submit a list of candidates in order of priority.
During
5. the elections, these organizations are voted for at large.
The
6. number of seats that each organization gets out of the 20% allotted to the system depends on the number of votes they get.
Qualifications
7.
Natural
8. born citizen of the Philippines
At9.least 25 years of age on the day of the election
Able to read and write
10.

Determination of Salaries:

Salaries of Senators and Members of the House of Representatives shall be determined by law.

Rule on increase in salaries:

No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL TERM (NOT TENURE) OF ALL THE MEMBERS OF THE
SENATE AND THE HOUSE OF REPRESENTATIVES APPROVING SUCH INCREASE.

Note: Since the Constitution ‘provides for rules on “salaries” and not on ‘emoluments,’ our distinguished legislators can appropriate for themselves other
sums of money such as travel allowances, as well as other side ‘benefits.’

Congressional immunities

Immunity from arrest:

Legislators
1. are privileged from arrest while Congress is “in session” with respect to offenses punishable by up to 6 years of imprisonment. Thus,
whether Congress is in regular or special session, the immunity from arrest applies.
If2.Congress is in recess, members thereof may be arrested.
The
3. immunity is only with respect to arrests and NOT to prosecution for criminal offenses.

Legislative privilege:

No
1. member shall be questioned or held liable in any forum other than his/her respective Congressional body for any debate or speech in the
Congress or in any Committee thereof.
Limitation
2. on the privilege:

Protection is only against forum other than Congress itself. Thus for inflammatory remarks which are otherwise privileged, a member may be
sanctioned by either the Senate or the House as the case may be.
The ‘speech or debate’ must be made in performance of their duties as members of Congress. This includes speeches delivered, statements
made, votes cast, as well as bills introduced, and other activities done in performance of their official duties.
Congress need NOT be in session when the utterance is made, as long as it forms part of ‘legislative action,’ i.e. part of the deliberative and
communicative process used to participate in legislative proceedings in consideration of proposed legislation or with respect to other
matters with Congress’ jurisdiction.

Congressional Disqualifications

 
 DISQUALIFICATION                                                                              WHEN APPLICABLE
                                                                             

1. Senator/Member of the House cannot hold any other office or employment in

the        Government or any subdivision, agency or Instrumentality thereof, During his term.  If he does so, he forfeits his seat.
including GOCCS or their subsidiaries.

2. Legislators cannot be appointed to any IF the office was created or the emoluments thereof increased during
office.                                                                   the term for which he was elected.

3. Legislators cannot personally appear as counsel before any court of justice,

During his term of office.   
electoral tribunal, quasi-judicial and    administrative bodies.

4. Legislators cannot be financially interested directly or indirectly in any contract

with or in any franchise, or special privilege granted by the Government, or any
 During his term of office.
subdivision, agency or instrumentality thereof, including any GOCC or its
subsidiary.

5. Legislators cannot intervene in any matter before any office of the When it is for his pecuniary benefit or where he may be called upon to
government.                                             act on account of his office.

Regular and special Sessions

Regular Sessions:

Congress convenes once every year on the 4th Monday of July (unless otherwise provided for by law)
Continues in session for as long as it sees fit, until 30 days before the opening of the next regular session, excluding Saturdays, Sundays, and legal
holidays.

Special Sessions:

Called by the President at any time when Congress is not in session.

Structure and Processes of the Legislative Department

Officers:

Senate President;
Speaker of the House; and
Each House may choose such other officers as it may deem necessary.

Election of Officers

By a majority vote of all respective members.

Quorum to do business:

Majority
1. of each House shall constitute a quorum.
A2.smaller number may adjourn from day to day and may compel the attendance of absent members.
In3.computing a quorum, members who are outside the country and thus outside of each House’s coercive jurisdiction are not included.

Internal Rules:

Each
1. House shall determine its own procedural rules.
Since
2. this is a power vested in Congress as part of its inherent powers, under the principle of separation of powers, the courts cannot intervene in the
implementation of these rules insofar as they affect the members of Congress.
Also,
3. since Congress has the power to make these rules, it also has the power to ignore them when circumstances so require.

Discipline:

Suspension
 Concurrence
1. of 2/3 of ALL its members and
Shall
2. not exceed 60 days.

Expulsion

Concurrence
1. of 2/3 of ALL its members.

Congressional Journals and Records:

The Journal is conclusive upon the courts.

BUT an enrolled bill prevails over the contents of the Journal.
An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding officers of each House. Thus where the
certifications are valid and are not withdrawn, the contents of the enrolled bill are conclusive upon the courts as regards the provision of that
particular bill.

Adjournments:

Neither House can adjourn for more than 3 days during the time Congress is in session without the consent of the other House.
Neither can they adjourn to any other place than that where the two houses are sitting, without the consent of the other.

The Electoral Tribunal

The Senate and the House shall each have an Electoral Tribunal which shall be composed of:

31.Supreme Court Justices to be designated by the Chief Justice; &

62.Members of the Senate or House, as the case may be.

The senior Justice in the Electoral Tribunal shall be its Chairman.

Note: The congressional members of the ET’s shall be chosen on the basis of proportional representation from the political parties and party-list
organizations.

Jurisdiction:

Each ET shall be the sole judge of all CONTESTS relating to the election, returns, and qualifications of their respective members. This includes
determining the validity or invalidity of a proclamation declaring a particular candidate as the winner.
An ‘election contest’ is one where a defeated candidate challenges the qualification and claims for himself the seat of a proclaimed winner.
In the absence of an election contest, the ET is without jurisdiction. However, the power of each House to expel its own members or even to defer their
oath-taking until their qualifications are determined may still be exercised even without an election contest.

Issues regarding the Electoral Tribunals:

Since the ET’s are independent constitutional bodies, independent even of the House from which the members are respectively taken, neither
Congress nor the Courts may interfere with procedural matters relating to the functions of the ET’s, such as the setting of deadlines or filing their
election contests with the respective ETs.
The ETs being independent bodies, its members may not be arbitrarily removed from their positions in the tribunal by the parties which they represent.
Neither may they be removed for not voting according to party lines, since they are acting independently of Congress.
The mere fact that the members of either the Senate or the House sitting on the ET are those which are sought to be disqualified due to the filing of an
election contest against them does not warrant all of them from being disqualified from sitting in the ET. The Constitution is quite clear that the ET
must act with both members from the SC and from the Senate or the House.  If all the legislator-members of the ET were to be disqualified, the ET
would not be able to fulfill its constitutional functions.
Judicial review of decisions of the ETs may be had with the SC only insofar as the decision or resolution was rendered without or in excess of
jurisdiction or with grave abuse of discretion constituting denial of due process.
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Code 763 Philippine Public Administration

Midterms Week 8: Legislative Department (2 of 2)

Midterm Week 8.2. Module Content

 

Commission on Appointment

Composition:

Senate President as ex-officio chairman;

12 Senators; and

12 Members of the House.

Note: The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the political parties and party-list organizations.

Voting/Action

The chairman shall only vote in case of a tie.

The CA shall act on all appointments within 30 session days from their submission to Congress.

The Commission shall rule by a majority vote of all the Members.

Jurisdiction

CA shall confirm the appointments by the President with respect to the following positions:

1. Heads of the Executive Departments (except if it is the Vice-President who is appointed to the post).

2. Ambassadors, other public ministers or consuls.

3. Officers of the AFP from the rank of Colonel or Naval Captain: and

4. Other officers whose appointments are vested in him by the Constitution (e.g. COMELEC members).

Congress CANNOT by law prescribe that the appointment of a person to an office created by such law shall be subject to confirmation by the CA.

Appointments extended by the President to the above-mentioned positions while Congress is not in session shall only be effective until disapproval by the CA or until
the next adjournment of Congress.

Meetings of the CA

CA meets only while Congress is in session.

Meetings are held either at the call of the Chairman or a majority of all its members.

Since the CA is also an independent constitutional body, its rules of procedure are also outside the scope of congressional powers as well as that of the judiciary.

Note:  The ET and the CA shall be constituted within 30 days after the Senate and the House of Representative shall have been organized with the election of the President
and the Speaker.

Legislative Inquiries

Scope:

1. Either House or any of their committees may conduct inquires ‘in aid of legislation’.

2. “In aid of legislation” does not mean that there is pending legislation regarding the subject of the inquiry. In fact, investigation may be needed for purposes of
proposing future legislation.
 3. If the stated purpose of the investigation is to determine the existence of violations of the law, the investigation is no longer ‘in aid of legislation’ but ‘in aid of
prosecution’. This violates the principle of separation of powers and is beyond the scope of congressional powers.

Enforcement:

1. Since experience has shown that mere requests for information does not usually work, Congress has the inherent power to punish recalcitrant witnesses for contempt,
and may have them incarcerated until such time that they agree to testify.

2. The continuance of such incarceration only subsists for the lifetime, or term, of such body. Once the body ceases to exist after its final adjournment, the power to
incarcerate ceases to exist as well.  Thus, each ‘Congress’ of the House lasts for only 3 years.  But if one is incarcerated by the Senate, it is indefinite because the
Senate, with its staggered terms, is a continuing body.

3. BUT, in order for a witness to be subject to this incarceration, the primary requirement is that the inquiry is within the scope of Congress’ powers. i.e. it is in aid of
legislation.

4. The materiality of a question is determined not by its connection to any actually pending legislation, but by its connection to the general scope of the inquiry.

5. The power to punish for contempt is inherent in Congress and this power is sui generis. It cannot be exercised by local government units unless they are expressly
authorized to do so.

Limitations:

1. The inquiry must be conducted in accordance with the ‘duly published rules of procedure’ of the House conducting the inquiry; and

2. The rights of persons appearing in or affected by such inquiries shall be respected. The right against self-incrimination.

Appearance by department heads before Congress:

1. Since members of the executive department are co-equals with those of the legislative department, under the principle of separations of powers, department heads
cannot be compelled to appear before Congress. Neither may the department heads impose their appearance upon Congress.

2. Department heads may appear before Congress in the following instances:

3. Upon their own initiative, with the consent of the President (and that of the House concerned)

4. Upon the request of either House (which cannot compel them to attend)

5. The appearance will be conducted in EXECUTIVE SESSION when:

6. Required by the security of state or required by public interest; and

7. When the President so states in writing

Declaration of War/ Emergency Powers

Vote requirement: (to declare the existence of a state of war)

1. 2/3 of both Houses, in joint session

2. Voting separately

Emergency powers:

1. During times of war or other national emergency, Congress may, BY LAW, authorize the President to exercise powers necessary and proper to carry out a declared
national policy.

2. Limitations:

3. Powers will be exercised for a limited period only; and

4. Powers will be subject to restrictions prescribed by Congress

5. Expiration of emergency powers

6. By resolution of Congress or

7. Upon the next adjournment of Congress

Legislation

Bills that must originate from the House of Representatives (Section 24)   
CODE: A R T Pu Lo P

1. Appropriation bills

2. Revenue bills

3. Tariff bills

4. Bills authorizing the increase of public debt

5. Bills of local application

6. Private bills

Note:  The Senate may, however, propose or concur with amendments.

Appropriation bills

1. The primary and specific aim of an appropriation bill is to appropriate a sum of money from the public treasury.

2. Thus, a bill enacting the budget is an appropriations bill.

3. BUT: A bill creating a new office, and appropriating funds therefore is NOT an appropriation bill.

Revenue Bill

1. A revenue bill is one specifically designed to raise money or revenue through imposition or levy.

2. Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance, the Video gram Regulatory Board law imposing a tax on video rentals does not
make the law a revenue bill.

Bills of local application

A bill of local application, such as one asking for the conversion of a municipality into a city, is deemed to have originated from the House provided that the bill of the
House was filed prior to the filing of the bill in the Senate even if, in the end, the Senate approved its own version.

Limitations:

1. For appropriation bills:

2. Congress cannot increase the appropriations recommended by the President for the operation of the Government as specified in the budget.

3. Each provision or enactment in the General Appropriations Bill must relate specifically to some particular appropriation therein and any such provision or enactment
must be limited in its operation to the appropriation to which it relates.

4. The procedure in approving appropriations for Congress shall strictly follow the procedure for approving appropriations for other departments and agencies.

5. A special appropriations bill must specify the purpose for which it is intended and must be supported by funds actually available as certified by the National Treasurer
or to be raised by a corresponding revenue proposal therein.

6. Transfer of appropriations:

7. Rule: No law shall be passed authorizing any transfer of appropriations

8. BUT the following 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

President

President of the Senate

Speaker of the House of Representatives

Chief of Justice of the Supreme Court

Heads of the Constitutional Commissions

1. Discretionary funds appropriated for particular officials shall be:

2. Disbursed only for public purposes;

3. Should be supported by appropriate vouchers; and

Subject to guidelines as may be prescribed by law.

1. If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year:

2. The GAB for the previous year is deemed reenacted

 3. It will remain in full force and effect until the GAB is passed by Congress.

4. For law granting tax exemption

It should be passed with the concurrence of a MAJORITY of ALL the members of Congress.

3. For bills in general

4. Every bill shall embrace only one (1) subject, as expressed in the title thereof

5. As a mandatory requirement

6. The title does not have to be a complete catalogue of everything stated in the bill.  It is sufficient if the title expresses the general subject of the bill and all the
provisions of the statute are germane to that general subject.

iii.        A bill which repeals legislation regarding the subject matter need not state in the title that it is repealing the latter.  Thus, a repealing clause in the bill is considered
germane to the subject matter of the bill.

1. Readings

2. In order to become a law, each bill must pass three (3) readings in both Houses.

3. General rule: Each reading shall be held on separate days & printed copies thereof in its final form shall be distributed to its Members three (3) days before its passage.

4. Exception: If a bill is certified as urgent by the President as to the necessity of its immediate enactment to meet a public calamity or emergency, the 3 readings can be
held on the same day.

5. First reading – only the title is read; the bill is passed to the proper committee

Second reading – Entire text is read and debates are held, and amendments introduced.

Third reading – only the title is read, no amendments are allowed.  Vote shall be taken immediately thereafter and the yeas and nays entered in the journal.

Veto power of President:

1. Every bill, in order to become a law, must be presented to and signed by the President.

2. If the President does not approve of the bill, he shall veto the same and return it with his objections to the House from which it originated. The House shall enter the
objections in the Journal and proceed to reconsider it.

3. The President must communicate his decision to veto within 30 days from the date of receipt thereof. If he fails to do so, the bill shall become a law as if he signed it.

4. This rule eliminates the ‘pocket veto’ whereby the President would simply refuse to act on the bill.

5. To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass the bill. In such case, the veto is overridden and becomes a law without
need of presidential approval.

6. Item veto

7. The President may veto particular items in an appropriation, revenue or tariff bill.

8. This veto will not affect items to which he does not object.

9. Definition of item

TYPE OF BILL                                       ITEM

1. Revenue/tax bill Subject of the tax and the tax rate imposed thereon

2. Appropriations bill Indivisible sum dedicated to a stated purpose

3. Veto of RIDER

4. A rider is a provision which does not relate to a particular appropriation stated in the bill.

5. Since it is an invalid provision under Section 25(2), the President may veto it as an item.

Specific limitations on legislation

1. No law shall be enacted increasing the Supreme Court’s appellate jurisdiction without the SC’s advice and concurrence.

2. No law shall be enacted granting titles of royalty or nobility.

Power to Tax

Limitations:
 The rule of taxation should be UNIFORM

It should be EQUITABLE

Congress should evolve a PROGRESSIVE system of taxation.

The power to tax must be exercised for a public purpose because the power exists for the general welfare

The due process and equal protection clauses of the Constitution should be observed.

Delegation of power to fix rates

Congress may, BY LAW, authorize the President to fix the following:

1. Tariff rates

2. Import and Export Quotas

3. Tonnage and wharfage dues

4. Other duties and imposts

Within the framework of the national development program of the Government

The exercise of such power by the President shall be within the specified limits fixed by Congress and subject to such limitations and restrictions as it may impose.

Constitutional tax exemptions:

The following properties are exempt from REAL PROPERTY taxes

(CODE: Cha Chu M- CA)

1. Charitable institutions

2. Churches, and parsonages or convents appurtenant thereto

3. Mosques

4. Non-profit cemeteries; and

5. All lands, buildings and improvements actually, directly and exclusively used for religious, charitable, or educational purposes.

All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from taxes and duties PROVIDED that such revenues and assets are
actually, directly and exclusively used for educational purposes. (Art. XIV Sec 4 (3))

Grants, endowments, donations or contributions used actually, directly and exclusively for educational purposes shall be exempt from tax. This is subject to conditions
prescribed by law.  (Art. XIV. Sec 4 (4))

Who holds the power of the purse?

Power of the Purse

No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation made by law.

1. This places the control of public funds in the hands of Congress.

2. BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing.  This is because the rule does not require yearly, or annual appropriation.

1. Appropriations must be for a PUBLIC PURPOSE

2. Cannot appropriate public funds or property, directly or indirectly, in favor of

Any sect, church, denomination, or sectarian institution or system of religion or

Any priest, preacher, minister, or other religious teacher or dignitary as such.

EXCEPT if the priest, etc. is assigned to:

the Armed Forces; or

any penal institution; or

government orphanage; or
 leprosarium

1. BUT the government is not prohibited from appropriating money for a valid secular purpose, even if it incidentally benefits a religion, e.g. appropriations for a
national police force is valid even if the police also protects the safety of clergymen.

2. ALSO, the temporary use of public property for religious purposes is valid, as long as the property is available for all religions

Special Funds

1. Money collected on a tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only.

2. Once the special purpose is fulfilled or abandoned, any balance shall be transferred to the general funds of the Government

Initiative and Referendum

Through the system of initiative and referendum, 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.

Required Petition

1. Should be signed by at least 10% of the total number of registered voters

2. Every legislative district should be represented by at least 3% of the registered voters

3. Petition should be registered