1987 PHILIPPINE CONSTITUTION

ARTICLE VI – LEGISLATIVE DEPARTMENT

JPDL Notes

Legislative Power, Definition

Legislative power is the authority to make laws and to alter or repeal them.
The very purpose of legislative power is to determine legislative policy, formulate and promulgate it as a
defined and binding rule of conduct within the limits laid down by the constitution.

Nature of Legislative Power

It is well settled principle in constitutional law that the power of Congress is plenary, unlimited, absolute
and general, practically covering broad areas or concern, subject only to the limitations prescribed by the
Constitution. (Bengzon vs. Secretary of Justice, January 18, 1936)

Classification of Powers of Congress

Power Description
Legislative Power in General Legislative power in general refers to the power
to enact laws which includes the power to alter or
repeal them.

The power to enact laws starts formally from the

time a bill or proposed law is introduced by a
member of the House of Representative or a
Senator. Once approved by Congress and the
President, the said bill becomes a law.
Specific Legislative Power These are the powers expressly conferred by the
Constitution.
Ex. Power of Appropriation, Power of Taxation,
Power of Expropriation
Non-Legislative Power These are the powers which are not basically
legislative in nature but which are performed by
Congress.
Ex. Power to propose amendment to the
Constitution, power to impeach, power to canvass
presidential elections, etc.
Implied Power These are the powers which are not expressly
conferred by the Constitution but which are
implied from those expressly granted
Ex. Power to punish or declare a person in
contempt during or in the course of legislative
investigation
Inherent Power These are the powers which are inherent to the
exercise of legislative powers
Ex. Power to determine rules of proceedings
Limitation on Legislative Power
1. Substantive limits – curtail the contents of a law (ex. No law may be passed which impairs
freedom of speech and expression)
2. Procedural limits – curtain the manner of passing of laws (ex. A bill must generally be approved
by the President before it becomes a law)

Where does the Constitution vest legislative power?

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.

Legislative power is vested in the Congress of the Philippines which shall consist of the Upper House
(Senate) and the Lower House (House of Representatives), except those reserved to the people by
initiative and referendum.

Advantages of Bicameralism (two houses):

1. Allows for a body of national perspective to check the parochial tendency of representatives
elected by the district;
2. Allows for more careful study of legislation;
3. Makes legislature less susceptible to control by the Executive;
4. Serves as training ground for national leaders (Bernal)

Disadvantages of Bicameralism:
1. The bicameral set-up is more expensive;
2. Entails delay in the passage of important and urgent bills due to complexity of legislative process,
and
3. Inter-chamber bickering and deadlocks impairs efficiency

Advantages of Unicameralism (one house):

1. Simplicity of organization resulting in economy;
2. Facility in pinpointing responsibility for legislation
3. Avoidance of duplication

Kinds of Legislative power in Republican systems:

1. Original Legislative Power is one that is possessed by the sovereign people. Derivative Legislative
Power is that which has been delegated by the sovereign people to legislative bodies and is
subordinate to the original power of the people. (Garcia vs. Comelec, 237 SCRA 279)
2. Constituent Legislative Power is the power to amend or revise the Constitution. Ordinary
Legislative Power is the power to pass ordinary laws.

Non-Legislative Powers vested to Congress:

1. Power to confirm Presidential Appointments (Sec. 16, Article VI)
2. Power of impeachment (Sec.3, Article XI)
3. Power to declare the existence of a state of war (Sec.23[1], Article VI)
4. Power to concur or confirm an amnesty granted by the President (Sec. 19, par.2, Article VII)
5. Power to canvass the votes based on the return of every election for President and Vice-
President (Sec.4, par. 4, Article VII)
 6. Power to propose amendment or revision of the Constitution upon a vote of ¾ of all the
members of the Congress (Sec.1, Article XVII)
7. Power to ratify treaties granted to the Senate (Sec. 21, Article VII)

May Congress pass irrepealable laws?

Irrepealable laws are laws that are permanent and cannot be amended or changed. The Congress is
prohibited to pass irrepealable laws as it conflicts the plenary nature of legislative powers.

The power of present and future legislatures must remain plenary. When one legislature attempts to pass
an irrepealable law, to that extent it attempts to limit the power of future legislatures. The power of any
legislature can be limited only by the Constitution (Bernas)

Delegation of Legislative Power

Principle: Potestas Delagata Non Delegari Potest (No delegated powers can be further delegated)
Legislative power cannot be delegated as it must remain where the people have lodged it.
Exceptions where legislative power may be delegated:
1. When authorized by the Constitution, such as:
a. The Congress may by law grant emergency powers to the President (Sec. 23[2], Article VI)
b. Congress may by law grant tariff powers to the President (Sec. 28[2], Article VI)
2. Legislative powers may be delegated to local government
a. Police power has been expressly delegated to LGU
b. Power of local eminent domain
3. Legislative Powers may be delegated to the people through referendum (method of submitting
an important legislative measure to a direct vote of the whole people) and plebiscite (a devise to
obtain a direct popular vote on a matter of political importance.)
4. Legislative powers may be delegated to administrative agencies (e.g. POEA, LTFRB, CAB, OWWA,
BOI, BMI, etc.)
Important:
• What is delegated to administrative agencies is not legislative or law-making power but rule-
making power or law execution. Administrative agencies may be allowed either to “fill up the
details” of an already complete statute or to ascertain facts necessary to bring a “contingent” law
into actual operation.
• To be a valid delegation, the delegating law must (a) be complete in itself – It must set forth
therein the policy to be carried out or implemented by the delegate… and (b) fix a standard – the
limits of which are sufficiently determinate or determinable – to which the delegate must
conform in the performance of his functions.
• Contingency legislation is a valid delegation. It is where the effectivity of law is made dependent
on the verification by the executive of the existence of certain conditions (Abakada Guru Party
List Officers vs. Executive Secretary, September 1, 2005)

Composition of Senate
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.

Summary of Composition

Senate House of Representatives Executive Judiciary

 Composition Composed of Composed of not more One (1) – President The Supreme
twenty-four (24) than 250 members, unless of the Philippines. Court shall be
Senators who shall otherwise fixed by law composed of
be elected at large (e.g. increase of legislative Note: the Executive One (1) Chief
by the qualified district by RA 7854 – power is not vested Justice and
voters of the increase of Makati’s to the VP under Fourteen (14)
Philippines as may legislative district) who Section 1, Article VII Associate
be provided by are elected from various Justices
law. (Sec. 2, Art. legislative districts. They
VI) are the following:
a. District
Representatives – there
shall be no less than
200 members in the
House of Rep
b. Party-list Rep –
there are fifty (50) seats
initially allowed to
party-list members, to
be chosen from the
various parties listed in
COMELEC which have
presented cadndidates
in the election
c. Sectoral Rep –
only for 3 consecutive
terms after the
ratification of the 1987
Constitution

Qualification of Senators
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.

Summary of Qualifications:

(NARRA) Senator District Rep President Justice

Nationality Natural Born Citizen Natural Born Citizen Natural Born Citizen Natural Born Citizen
Age At least 35 yrs old At least 25 yrs old At least 45 yrs old At least 40 yrs old
Registration Registered voter Registered Voter in Registered Voter -
the district
Residency Of Phils not less than Resident of the Of Phils for at least -
2 years IPDE district not less than 10 years IPDE
1 year IPDE (except
Party-List Rep)
 Ability / Read and Write Read and Write Read and Write Must have been for
Characteristic 15 years or more a
judge of a lower
court or engaged in
the practice of law in
the Philippines

A person of proven
competence,
integrity, probity,
and independence
(Sec. 7, Art. VIII)

Note: IPDE – immediately preceding the day of the election which means the day the votes are cast.

The qualifications can neither be added or subtracted from by any legislative or executive action. Under
the principle of inclusio unios est exclusion alterius, what has been included in the proviso, no man can
then exclude.

1. Natural Born Citizens – A natural born citizen is one who is a citizen of the Philippines from birth
without having to perform any act to acquire or perfect his/her Philippine citizenship. Those who
elect Philippine citizenship in accordance with paragraph 3, Sec. 1 hereof shall be deemed natural
born citizens (Sec. 2, Article IV)
2. Age Qualification – the age qualification must be possessed on the day of the election, not on the
day of the proclamation of the winners by the Board of Canvassers. (Espinosa vs. Aquino –
Senator Benigno Aquino was less than 35 years old on the day of election but he possessed the
age qualification of 35 yrs old before he was proclaimed as one of the winners).
3. Able to Read and Write – A college dropout or high school dropout can be a Senator or
Congressman so long as he is able to read and write. It does not matter if he has formal
education or not. The electorate has the ultimate discretion and sovereign authority to choose
their representatives based on their qualifications and competence.
4. Registered Voter – a registered voter is one who is duly registered in the list of voters because he
possesses the qualifications for suffrage, as required by Sec. 1, Art. V.
5. Registration – a method of proof, prescribed for ascertaining the electors who are qualified to
cast votes (People vs. Carleton). Hence, registration is a regulation, not a qualification, for voting.
6. Residence – the term residence, as used in the Election Law, is synonymous with domicile, which
imports not only the intention to reside (animus manendi) in a fixed place, but also personal
presence in that place, coupled with conduct indicative of such intention. It is the place where
one habitually resides to which when he is absent, he has the intention of returning (animus
revertendi).

Notes:
• A person cannot have two domicile at the same time (Coquilla vs. COMELEC, 2002). The
acquisition of a new residence results in the forfeiture of the old.
• What is required in residence is not the actual presence, but only the legal or constructive
presence. Temporary residence in another place for the purpose of carrying on a profession or
engaging in an occupation does not itself constitute an abandonment of one’s legal residence.
Term of Office of Senators
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
for which he was elected.

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.

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.

No member of the House of Representatives shall serve for more than three 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 for which he was elected.

Term vs. Tenure

The term means the period of time during which the officer may claim to hold office as of right, and fixes
the interval after which the several incumbents shall succeed one another (Oliveros vs. Villaluz). The
tenure represents the term during which the incumbent actually holds the office. The term of office is not
affected by the hold-over. The tenure may be shorter than the term for reasons or beyond the power of
the incumbent (Nuevo vs. Angeles)

Senate House of President and Supreme Court

Representatives Vice President Justices
Term Six (6) Years (Sec. 4, Three (3) Years (Sec. 7 Six (6) Years During good
Art. VI) Art. VI) (Sec. 4, Art. VII) behavior until
they reach the
age of seventy
(70) years or
become
incapacitated
to discharge
the duties of
their office
(Sec. 11, Art.
VIII)
Tenure / Re- No senator shall serve No member of the The President They are not
election for more than two (2) house of shall not be elected hence
consecutive terms. representatives shall eligible for any not applicable
 Voluntary serve for more than re-election.
renunciation of the three (3) consecutive (Par. 1, Sec. 4,
office for any length terms. Voluntary Art. VII)
of time shall not be renunciation of the
considered as an office for any length of No Vice
interruption in the time shall not be President shall
continuity of his considered as an serve more
service for the full interruption in the than two (2)
term for which he was continuity of his service successive
elected. (Sec. 4, 2nd for the full term for terms (Par.2,
Sent. Article VI) which he was elected. Sec. 4, Art. VII)
(Sec. 7, 2nd Sent. Article
VI)

The House of Representatives

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.

(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, 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.

(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.

Although members of the House of Rep are two kinds, both have the same deliberative rights, salaries,
and emoluments. Both can participate in the making of laws that will directly benefit their legislative
districts or sectors. They are also subject to the same term limitation.

However, unlike that of a district representative who can change his party affiliation at any time without
forfeiting his seat, any elected party-list representative who changes his political party or sectoral
affiliation during his term of office shall forfeit his seat: Provided, that if he changes his political party, he
shall not be eligible for nomination as party-list representative under his new party or organization
(Amores vs. HRET June 29, 2010)

A. District Representatives
 District Representatives area those representing one congressional district which district is one
created by law.
The creation of legislative districts does not need confirmation by plebiscite if it does not involve
the creation of a local government unit. (Bagabuyo vs. COMELEC, December 8, 2008)

B. Party-List Representatives

The party-list system is a mechanism of proportional representation in the election of

representatives to the House of Representatives from national, regional and sectoral parties or
organizations or coalitions thereof registered with the Commission on Elections (COMELEC).
Component parties or organizations of a coalition may participate independently provided the
coalition of which they form part does not participate in the party-list system. (Section 3a, RA No.
7941)

Kinds of Party:

a. A political party refers to an organized group of citizens advocating an ideology or platform,

principles and policies for the general conduct of government and which, as the most immediate
means of securing their adoption, regularly nominates and supports certain of its leaders and
members as candidates for public office.

b. It is a national party when its constituency is spread over the geographical territory of at least a
majority of the regions. It is a regional party when its constituency is spread over the geographical
territory of at least a majority of the cities and provinces comprising the region.

c. A sectoral party refers to an organized group of citizens belonging to any of the sectors
enumerated in Section 5 hereof whose principal advocacy pertains to the special interest and
concerns of their sector.

Guidelines for the Party-List System (Atong Paglaum, Inc. vs. COMELEC GR No. 203766 April 2, 2013)
1. Three different groups may participate in the party-list system: (1) national parties or organizations, (2)
regional parties or organizations, and (3) sectoral parties or organizations.
2. National parties or organizations and regional parties or organizations do not need to organize along
sectoral lines and do not need to represent any “marginalized and underrepresented” sector.
3. Political parties can participate in party-list elections provided they register under the party-list system
and do not field candidates in legislative district elections. A political party, whether major or not, that
fields candidates in legislative district elections can participate in partylist elections only through its
sectoral wing that can separately register under the party-list system. The sectoral wing is by itself an
independent sectoral party, and is linked to a political party through a coalition.
4. Sectoral parties or organizations may either be “marginalized and underrepresented” or lacking in
“well-defined political constituencies.” It is enough that their principal advocacy pertains to the special
interest and concerns of their sector. The sectors that are “marginalized and underrepresented” include
labor, peasant, fisherfolk, urban poor, indigenous cultural communities, handicapped, veterans, and
overseas workers. The sectors that lack “well-defined political constituencies” include professionals, the
elderly, women, and the youth.
5. A majority of the members of sectoral parties or organizations that represent the “marginalized and
underrepresented” must belong to the “marginalized and underrepresented” sector they represent.
Similarly, a majority of the members of sectoral parties or organizations that lack “well-defined political
constituencies” must belong to the sector they represent. The nominees of sectoral parties or
organizations that represent the “marginalized and underrepresented,” or that represent those who lack
“well-defined political constituencies,” either must belong to their respective sectors, or must have a
track record of advocacy for their respective sectors. The nominees of national and regional parties or
organizations must be bona-fide members of such parties or organizations.
6. National, regional, and sectoral parties or organizations shall not be disqualified if some of their
nominees are disqualified, provided that they have at least one nominee who remains qualified.

Four Parameters in the Philippine Party-List Elections (Banat vs. COMELEC July 8, 2009):

1. Twenty percent of the total number of the membership of the House of Representatives is the
maximum number of seats available to party-list organizations, such that there is automatically one party-
list seat for every four existing legislative districts.

2. Garnering two percent of the total votes cast in the party-list elections guarantees a party-list
organization one seat. The guaranteed seats shall be distributed in a first round of seat allocation to
parties receiving at least two percent of the total party-list votes.

3. The additional seats, that is, the remaining seats after allocation of the guaranteed seats, shall be
distributed to the party-list organizations including those that received less than two percent of the total
votes. The continued operation of the two percent threshold as it applies to the allocation of the
additional seats is now unconstitutional because this threshold mathematically and physically prevents
the filling up of the available party-list seats. The additional seats shall be distributed to the parties in a
second round of seat allocation according to the two-step procedure laid down in the Decision of 21 April
2009 as clarified in this Resolution.

4. The three-seat cap is constitutional. The three-seat cap is intended by the Legislature to prevent any
party from dominating the party-list system. There is no violation of the Constitution because the 1987
Constitution does not require absolute proportionality for the party-list system. The well-settled rule is
that courts will not question the wisdom of the Legislature as long as it is not violative of the Constitution.

Case: Banat vs. COMELEC (Digest by Rachel Chan)

Facts: The 14 May 2007 elections included the elections for the party-list representatives. The COMELEC
counted 15,950,900 votes cast for 93 parties under the Party-List System. BANAT filed petition as quoting
the COMELEC of using the Panganiban formula used in Veterans case in allocating party-list seats. BANAT
contend that Article 6 Section 5 should be followed and that 20%of party-list representatives shall be
proclaimed. COMELEC denied said petition. BANAT filed mandamus for certiorari.

Issue: Whether or not the 20% allocation for party-list representatives provided in Article 6 Section 5 (2)
of the Constitution mandatory?

Decision: Petition has partial merit. The party-list election has four inviolable parameters stated in
Veterans. First, the twenty percent allocation the combined number of all party-list congressmen shall
not exceed twenty percent of the total membership of the House of Representatives, including those
elected under the party list; Second, the two percent threshold only those parties garnering a minimum
of two percent of the total valid votes cast for the party-list system are qualified to have a seat in the
House of Representatives; Third, the three-seat limit each qualified party, regardless of the number of
votes it actually obtained, is entitled to a maximum of three seats; that is, one qualifying and two
additional seats; Fourth, proportional representation the additional seats which a qualified party is
entitled to shall be computed in proportion to their total number of votes.

Formula to determine Number of Seats available to party-list representatives:

Number of seats available to legislative districts x .20 = Number of seats available to

.80 party list representatives

Formula for determining the percentage of a particular party-list:

No. of votes cast for that particular party-list = % of particular party-list

Total no. of votes casted in the party-list

Grounds for the Denial or Cancellation of Party-List Registration with COMELEC (Sec. 6, RA 7941)
Section 6. Removal and/or Cancellation of Registration. - The COMELEC may motu proprio or upon
verified complaint of any interested party, remove or cancel, after due notice and hearing, the
registration of any national, regional or sectoral party, organization or coalition on any of the following
grounds:

1. It is a religious sect or denomination, organization or association organized for religious purposes;

2. It advocates violence or unlawful means to seek its goal;
3. It is a foreign party or organization;
4. It is receiving support from any foreign government, foreign political party, foundation,
organization, whether directly or through any of its officers or members or indirectly through
third parties for partisan election purposes;
5. It violates or fails to comply with laws, rules or regulations relating to elections;
6. It declares untruthful statements in its petition;
7. It has ceased to exist for at least one (1) year; or
8. It fails to participate in the last two (2) preceding elections or fails to obtain at least two
percentum (2%) of the votes cast under the party-list system in the two (2) preceding elections
for the constituency in which it has registered.

Other Pertinent Cases decided by the SC on Party-List Representation:

1. Magdalo vs. COMELEC (GR No. 190793, June 19, 2012)
2. Ang Ladlad vs. COMELEC (GR No. 190582, April 8, 2010)
3. Phil. Guardians Bro. Inc. vs. COMELEC (GR No. 190529, April 29, 2010)
4. Lokin Jr. vs. COMELEC (GR No. 179431-32/180443, June 22, 2010)
5. COCOFED vs. COMELEC (GR No. 207026, August 6, 2013)
6. Senior Citizens Party List vs. COMELEC (GR No. 206844-45, July 23, 2013)

Gerrymandering or Legislative Apportionment

Article VI, Sec. 5 (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.
Definition of Gerrymandering
Gerrymandering is the alteration of the voting districts in such a way that the geographical units or
districts are unfairly arranged for the self-interest or benefit of a particular candidate, usually a re-
electionist.

Aim of Legislative Apportionment: to equalize population and voting power among districts
Factors considered:
a. Number of people represented
b. The uniform and progressive ratio to be observed among the representative
districts
c. Accessibility and commonality of interest inn terms of each district

Important: only Congress can validly apportion legislative district (Sema vs. COMELEC, GR No. 177597 July
16, 2008)

Salaries of Senators and Members of the House of Representatives

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.

Limitation as to the increase of salary: increase shall become effective upon the expiration of the full term
of the Members who approved such increase
Reason: to prevent the natural temptation to increase their salaries

Parliamentary Immunities
Immunity from Arrest and Privilege Speech and Debate

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.

1. Immunity from Arrest

• Purpose: to ensure representation of the constituents by the Members of Congress by preventing
attempts to keep him from attending its sessions
• Conditions for the immunity:
o the offense committed does not carry a penalty of not more than 6 years of
imprisonment, and
o the Congress is in session, regular or special
o “Session” refers to the entire period of convening, that is from the opening of the
Congress until its final adjournment and does not refer to the daily meetings of Congress
• The conditions for immunity cannot be extended by intendment, implication or equitable
consideration. Hence, the term 6 years cannot be changed by ordinary legislation.

2. Privilege Speech and Debate

• Purpose: to provide the legislator more freedom in expressing his views on matters invested with
public interest without fear of accountability outside the halls of Congress for his inability to
support his statements with the usual evidence required in the court of justice.
 • Limitation: The Member of Congress can be held liable for his speech and debate whenever his
words and conduct are considered disorderly or unbecoming a member thereof
o Basis: “questioned nor be held liable in any other place…” which means that the
Member of Congress can be held accountable in their respective House
• Speech or Debate refers to any activity or act performed by a Member of Congress in his
official capacity (Jimenez vs. Cabangbang). It refers to utterances made by a Congressman in
his official capacity, such as speeches delivered, statements made, or votes cast in the halls of
Congress, as well as bills introduced in Congress, whether the same is in session or not, and
other acts performed by Congressmen, either in Congress or outside the premises housing its
offices, in the official discharge of their duties as members of the Congress and of
congressional committees duly authorized to perform its functions as such.
• Case: Pobre v. Defensor-Santiago (A.C. No. 7399) August 25, 2009 | A.C. No. 7399

Antero J. Pobre, complainant

Sen. Miriam Defensor-Santiago, respondent

FACTS:

In one of her privilege speeches before the Senate, Sen. Miriam Defensor-Santiago delivered the
following remarks:

x x x I am not angry. I am irate. I am foaming in the mouth. I am homicidal. I am suicidal. I am

humiliated, debased, degraded. And I am not only that, I feel like throwing up to be living my
middle years in a country of this nature. I am nauseated. I spit on the face of Chief Justice
Artemio Panganiban and his cohorts in the Supreme Court, I am no longer interested in the
position [of Chief Justice] if I was to be surrounded by idiots. I would rather be in a different
environment than in a Supreme Court of idiots. x x x

Her speech came as a response to the decision of the Judicial and Bar Council (JBC) declaring that only
sitting members of the Supreme Court can be nominated for the impending vacancy of the CJ post.
Consequently, nominees who were not incumbent members of the Court, including Sen. Defensor-
Santiago, were automatically disqualified.

Private complainant Antero J. Pobre filed the instant petition before the Court, contending that the
lady senator's utterances amounted to a total disrespect towards then CJ Panganiban and a direct
contempt of Court. Accordingly, he wanted disbarment proceedings or other disciplinary actions to be
taken against Sen. Defensor-Santiago.

ISSUE:

Whether or not there is a ground for Sen. Defensor-Santiago to be disbarred or subjected to disciplinary
action by the Court for her questioned speech.
HELD:

No, the Court sided with Sen. Defensor-Santiago's defense that she should be afforded parliamentary
immunity from suit pursuant to Section 11, Art. VI of the 1987 Constitution, which section states in part
that "no [Senator] x x x shall be questioned nor be held liable in any other place for any speech or
 debate in the Congress or in any committee thereof." Although there was no express admission on the
part of the lady senator that she did indeed say those words, there was no categorical denial either,
which the Court ultimately regarded as an implied admission.

Despite the dismissal of the letter-complaint, the Court heavily chastised the lady senator for indulging
in "insulting rhetoric and offensive personalities." In fact, her excuse that her questioned speech was a
prelude to crafting remedial legislation on the JBC struck the Court as being a mere afterthought in
light of the controversy her utterances had managed to stir.

Still, the Court held that parliamentary immunity is essential because without it, the parliament or its
equivalent would "degenerate into a polite and ineffective forum." However, it should be noted that
"[l]egislators are immune from deterrents to the uninhibited discharge of of their legislative duties, not
for their private indulgence, but for the public good."

Disclosure of Interest
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.

The section on disclosure of interest is in consonance with the state policy on the adoption of policy of
full public disclosure of all transactions involving public interest (refer to Section 12, Article II).

How implemented: Through the submission of Statement of Assets, Liabilities and Net Worth (SALN).

Prohibitions for the Members of the Congress

A. Incompatible and Forbidden Office

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.

Incompatibility of offices exists where there is a conflict in the duties of the office, so that the
performance of the duties of one interferes with the performance of the duties of the other.

Basis of incompatibility: where the functions are inherently inconsistent, repugnant, so that
because of the contrariety and antagonism, which would result from the attempt of one person
to discharge faithfully, impartially, and efficiently the duties of both office, considerations of
public policy render it improper for an incumbent to retain both.

Purpose of the Rule: to preserve the independence of the legislature in accord with the principle
of separation of powers.
 Forbidden office – when a member of Congress is willing to forfeit his position as a legislator, he
may not still be appointed to any office in the government if that has been created or the
emoluments thereof have been increased during his term

B. Other Prohibitions

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.

Purpose of Section 14: to forestall any possibility of taking advantage of a Member of Congress of
his position in dealing with the courts and other government offices, or in their personal or
business transactions.

a. Prohibition to appear as counsel

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.

Note: what is proscribe is personal appearance as counsel. The lawyer-legislator may still
practice his law profession except appearing as counsel before the courts and other
administrative bodies or military tribunal.

Note: as a partner of a law firm, the law office may be allowed to make its entry of
appearance and handle the case provided the lawyer-legislator does not sign in any pleadings
or motions for submission to court/tribunal.

b. Financial interest with government contracts and franchises

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.

c. Invtervention
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.

Holding of Elections

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.
 Vacancies for any Member of Congress

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.

In case of vacancy, a special election is not mandatory. The matter is left to the discretion of Congress –
“in the manner prescribed by law.” But if there should be a special election, the person elected shall serve
only for the unexpired term.

Conduct of Business

A. Sessions
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.

As a rule, the Congress meets only during its session. It may either be in a regular session or special
session. A regular session opens every fourth Monday of July where the President is duty bound to attend
and to give his inaugural address to the Congress.

The occasions when Congress is constitutionally mandated to conduct special sessions includes:
a. Upon the call of the President (Sec. 15, Art. VI)
b. Due to vacancies in the offices of the President and Vice President (Sec. 10, Art. VII)
c. To decide on the disability of the President when a majority of the cabinet disputed the
President’s written declaration that he is able to discharge the powers and duties of his office
(Sec. 11, Art. VII)
d. To revoke or extend the proclamation of martial law by the President or the suspension of the
privilege of the writ of habaes corpus. (Sec. 18, Art. VII)

Case: ANTONIO TRILLANES IV v. HON. OSCAR PIMENTEL SR. (D) G.R. No. 179817 June 27, 2008

FACTS:
July 27, 2003, a group of more than 300 heavily armed soldiers led by junior officers of the Armed Forces
of the Philippines (AFP) stormed into the Oakwood Premier Apartments in Makati City and publicly
demanded the resignation of the President and key national officials. On the same day, President Gloria
Macapagal Arroyo issued Proclamation No. 427 and General Order No. 4 declaring a state of rebellion and
calling out the Armed Forces to suppress the rebellion.Petitioner Antonio F. Trillanes IV was charged,
along with his comrades, with coup d’etat defined under Article 134-A of the Revised Penal Code before
the RTC of Makati. 4 years later, petitioner, who has remained in detention, threw his hat in the political
arena and won a seat in the Senate with a 6-year term commencing at noon on June 30, 2007.
Petitioner filed with the RTC, Makati City, Branch 148, an "Omnibus Motion for Leave of Court to be
Allowed to Attend Senate Sessions and Related Requests". The trial court denied all the requests in the
Omnibus Motion.
ISSUE:
Whether or not membership in Congress exempt an accused from statutes and rules which apply to
validly incarcerated persons in general

HELD:
No, it is impractical to draw a line between convicted prisoners and pre-trial detainees for the purpose of
maintaining jail security; and while pre-trial detainees do not forfeit their constitutional rights upon
confinement, the fact of their detention makes their rights more limited than those of the public.
When a person indicted for an offense is arrested, he is deemed placed under the custody of the law. He
is placed in actual restraint of liberty in jail so that he may be bound to answer for the commission of the
offense. He must be detained in jail during the pendency of the case against him, unless he is authorized
by the court to be released on bail or on recognizance. Presumption of innocence does not carry with it
the full enjoyment of civil and political rights. Allowing accused-appellant to attend congressional sessions
and committee meetings for 5 days or more in a week will virtually make him a free man with all the
privileges appurtenant to his position. Such an aberrant situation not only elevates accused-appellant’s
status to that of a special class, it also would be a mockery of the purposes of the correction system.

B. Officers of Congress
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.

The officers of Congress includes the Senate President, the Speaker of the House of
Representatives and such other officers as each House may deem necessary such as the Deputy
Speakers, Majority Floor leader, Minority Floor leader, the Secretary General, Sergeant-At-Arms,
etc.

C. Quorum
SECTION 16. (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.

Quorum, definition
Quorum is the number required to enable a body or group to transact a business. The quorum is
based on the proportion between those physically present and the total membership of the body.

Voting
General Rule: Congress is governed by the rule of majority to vote.
Exceptions:
Circumstances Required Votes
1. Suspending or expelling a member 2/3 of all its Members (Sec.16(3), Art. VI)
2. Entering the yes and nays in the 1/5 of the Members present requested the
Journal same (Sec. 16(4), Art.VI)
3. Declaring the existence of a state of 2/3 of both Houses in join session voting
war separately (Sec. 23, Art. VI)
 4. Reconsidering of a bill after a
presidential veto
5. Determination of President’s inability
to discharge the powers and duties of
his office
2/3 of the Members of the House where the
bill originated, and thereafter 2/3 of the
Members of the other House (Sec. 27(1), Art.
VI)
2/3 of both Houses voting separately (Sec.
11, Art. VII)

Voting Separately:
a. Determination of President’s inability to discharge powers and duties of his office
b. Confirming the nomination of Vice-President
c. Declaring the existence of a state of war

Voting Jointly
a. Revocation or extension of the proclamation of martial law
b. Suspending the privilege of writ of habeas corpus,
c. Under Statutory Construction, when the constitution is silent, the presumption is that
the two houses may vote separately

D. Rules of Proceedings and Discipline of Members

SECTION 16. (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.

Basis of the power to create rules of proceedings: the inherent and plenary power of each of the
House.

Important: the power of both houses of Congress to determine its rules of proceedings is
generally exempt from judicial supervision and interference, except on a clear showing of
arbitrary and improvident use of the power as will constitute denial of due process (Dela Paz vs.
Senate Committee on Foreign Relations, February 13, 2009) Likewise, the disciplinary action
taken by Congress against a member cannot be subject to judicial review because each House is
the sole judge of what disorderly behavior is (Osmena vs. Pendatun 1960)

E. Journal
SECTION 16. (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.

Journal, Definition
 A journal is the official record of the proceedings of the House concerned. It is the official
repository of the business activities undertaken by the Senate or the House of Representative.
(Aguirre, Postulates in Constitutional Law I)

Purpose of Requirement of Journal:

a. To insure publicity to the proceedings of the legislature, and a correspondent responsibility of
the members to their respective constituents, and
b. To provide proof of what actually transpired in the legislature
Matters required to be entered in the Journal:
a. The yes and nays on any question at the request of at least 1/5 of the members present (Sec.
16(4), Art. VI)
b. The yes and nays of the last reading of a bill (Sec. 26(2), Art. VI)
c. Objections of the President when he vetoes a bill (Sec. 27(1), Art. VI)
d. The yes and nays and the names of the Members of each House constituting two-thirds vote
of each House, voting separately, when it overrides the veto of the President (Sec. 27(1), Art.
VI)
e. The vote of each member of the House, constituting one-third of all the Members, who voted
to affirm or override a resolution on the Articles of Impeachment of the Committee (Sec. 3(3,
Art. XI)

Matters that may not be kept in the Journal: Publication which affect national security

Value of the Journal: it is conclusive upon the courts. Hence, the courts are bound to take judicial
notice of them.

Enrolled bill, definition.

Enrolled bill is the official copy of approved legislation and bears the certification of the president
officers of each House.

Enrolled bill doctrine is where there is:

a. Signing of a bill by the Speaker of the House and the President of the Senate, and
b. Certification by the secretaries of both Houses of Congress that such bill was passed
(Arroyo vs. De Venecia, August 14, 1997)

F. Adjournment or Recess

SECTION 16. (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.

Mandatory Recess – one that is prescribed for the 30-day period before the opening of the next
regular session, exclusive of Saturdays, Sundays and legal Holidays. It is the minimum period of
recess and may be extended or increased by Congress. However, Congress may validly continue
enacting bills even beyond the prescribed period of adjournment which is called as sine die
session (literally means, hands of the clock are stayed).

Electoral Tribunals
Senate Electoral Tribunal (SET) and House of Representatives Electoral Tribunal (HRET)
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.

Function of Electoral Tribunals (SET and HRET): to be the sole judge of all election contests (when a
defeated candidate challenges the qualification and claims the seat of the proclaimed winner) relation to
the election returns, and qualifications of the Members of the Congress. In the absence of Election
Contest, the Electoral Tribunal are without jurisdiction.

Meaning of Election, Returns and Qualifications.

It should be interpreted in its totality as referring to all matters affecting the validity of the contestee’s
title.
Election – refers to the conduct of the polls, including the listing of voters, the holding of the electoral
campaign, and the casting and counting of votes;
Returns – to the canvass of the returns and the proclamation of winners, including questions concerning
the composition of the board of canvassers and the authenticity of the election returns, and
Qualifications – matters that could be raised in a quo warranto proceeding against the proclaimed
winner, (e.g. disloyalty or ineligibility, inadequacy of his certificate of candidacy)

Requirements to pass the case from COMELEC to Electoral Tribunals:

Once a winning candidate has been
a. Proclaimed,
b. Taken his oath, and
c. Assumed office as a Member of Congress
(Aggabao vs. COMELEC, January 26, 2005)

Composition of the Electoral Tribunals:

a. SET – 9 members (3 SC Justices designated by CJ, and 6 Senators based on proportionate
representation from political parties)
b. HRET - 9 members (3 SC Justices designated by CJ, and 6 Members of the House of
Representatives based on proportionate representation from political parties)
Grounds for Termination of Membership in the Electoral Tribunal:
1. Expiration of the term;
2. Death or permanent disability;
3. Resignation from the political party he represents in the tribunal;
4. Formal affiliation with another political party;
5. Removal from office for a valid reason.

Commission on Appointments (CA)

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.

Function of CA: CA acts as legislative check on the appointing authority of the President. For the
effectivity of the appointment, the consent of CA is needed.

Composition of CA:
1. Senate President as ex officio chairman;
2. Twelve (12) Senators;
3. Twelve (12) Members of the House of Representatives;
The members are all elected on the basis of proportional representation from the political parties or
organizations registered.

Jurisdiction of CA: The CA shall confirm the following appointments by the President:
1. Heads of executive departments, except in an instance when the Vice President is appointed as a
cabinet member or as an ambassador, public minister, or consul;
2. Ambassadors, other public ministers, or consuls;
3. Officers of the Armed Forces of the Philippines (AFP) from the ranks of Colonel or Naval Captain;
4. Other officers whose appointments are vested in him by the Constitution, such as:
a. Regular members of the Judicial and Bar Council;
b. Chairmen and Commissioners of Independent Constitutional Commissions.

Constitutional Parameters in Performing Its Function:

1. CA shall rule by a majority vote;
2. Chairman shall not vote except in case of a tie;
3. CA shall act on all appointments submitted to it within 30 session days;
4. CA shall meet only while the Congress is in session, at the call of its chairman or a majority of all
its members.

Other Limitations on Confirmatory Power:

1. Congress cannot by law prescribe that the appointment of a person to an office be subject to
confirmation by CA;
2. Appointments extended by the President while Congress is not in session shall only be effective
until disapproval by the CA or until the next adjournment of Congress;
3. THE CA is independent from Congress and beyond the scope of judicial review.

Provision Common to Electoral Tribunals and Commission on Appointments

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.

Records and Books of Account

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.

Powers of Congress
Legislative Powers and Non-Legislative Powers

Two Types of Powers of Congress:

a. Legislative power is the power to enact, alter or repeal laws. It includes power of appropriation,
taxation and expropriation, legislative inquiries and question hour, and other incidental,
necessary and implied in the power to legislate.
b. Non-legislative powers are powers and duties that are not connected with the legislation but are
assigned by the Constitution

Limitations on Legislative Powers:

a. Express limitations – those provide in the Constitution which includes the Declaration of
Principles and State Policies, the Bill of Rights, the provision on Initiative and Referendum, and
other relevant provisions of the Constitution. Two types of express limitations:
1. Substantive limitations – which affect the very nature, quality, content and substance of the
bill. Examples include:
a. Congress cannot pass irrepealable laws;
b. Congress cannot pass ex post facto law or bill of attainder;
c. Congress cannot increase the appropriation recommended by the President for the
operation of the government as specified in the budget;
d. Every bill passed by Congress shall embrace one subject which shall be expressed in
the title thereof;
e. 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 any priest, preacher,
minister, or other religious teacher, or dignitary as such, except when is assigned to
the armed forces, or to any penal institution, or government orphanage or
leprosarium;
f. No law shall be passed increasing the appellate jurisdiction of the Supreme Court
without its advice and concurrence;
g. Congress cannot enact a law granting title or royalty or nobility.
2. Procedural limitations – which refers to the steps required in the enactment of laws (e.g.
How bill becomes a law under Sec. 27, Art. VI)
b. Implied limitations – are founded on the evident purpose of the act and the circumstances and
historical events which led to the enactment of the law.

Process in the Enactment of Bills

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.

1. A member of Congress or the people through the power of indirect initiative under RA 6735
submits the bill;
2. The bill is filed with the Secretary of the House concerned who calendars it for the First Reading
where the title of the bill is read and the President Officer refers the bill to the appropriate
committee to study and/or report its recommendation;
3. The concerned committee reports out the bill, favorably or with amendment, or files a substitute
bill, after which it is calendared for the Second Reading;
4. During the Second Reading, the bill is read and is subjected to floor discussion, debate, and
amendment or insertion;
5. If approved on the Second Reading, copies of the bill in its final form are printed and distributed
to the Members three days before it is calendared for the Third or Final Reading, except when
the President certifies to the necessity of its immediate enactment to meet a public calamity or
emergency;
6. In the Third Reading, the title of the bill is again read. No amendment shall be allowed and the
vote thereon shall be taken immediately thereafter;
7. If the House concerned approves the bill, it is sent to the other House, where it will undergo the
same process and if approved, the enrolled bill is sent to the President for appropriate action.
8. If the versions from the House of Representative is different from the Senate, a Bicameral
Conference Committee shall be created to resolve any variance between the versions. The
members of the committee are taken from both chambers. The committee may adopt either
version of the bill in its entirety, or amend, revise, or reconcile the two versions, or entirely
propose new version or provision not found in either of the two versions, for as long as such
amendment, modification, or change is germane to the subject of the bill under consideration.

When Does a Bill Become a Law?

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.

The following are instances when does the bill become a law:
1. When the President approves the bill presented to him and signs it;
2. When the President veto is reconsidered by two-thirds of all the Members of both Houses voting
separately;
3. When the President fails to communicate his veto of any bill to the House where it originated
within 30 days after receipt;
 4. A bill calling for a special election for President and Vice President under Section 10, Art. VII.

Veto Power of the President

Veto power is the power of the President to refuse to approve a bill or joint resolution and thus prevent
its enactment into law.
GR: If the President disapproves a bill, he should veto it in its entirety. He is not allowed to veto separate
items (“item veto”)
Exception: in cases of appropriation, revenue and tariff bills (Sec. 27(2), Art. VI)

Effect of Invalid Veto: it is without effect (i.e. it is as if the President did not act on the bill at all) hence,
the bill becomes a law by executive inaction (if unacted after 30 days).

Doctrine of Inappropriate provisions – items in appropriation bill that is constitutionally inappropriate. A

provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto even if
it is not an appropriation or revenue item. In essence what this means is that the President may veto
“riders” in an appropriation bill.

Executive impoundment – means refusal of the President to spend funds already allocated by Congress
for a specific purpose.

A. Power of Appropriation

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.

One of the power of Congress is the “power of the purse” because the Congress has the power to
determine the budget of the government through the enactment of an appropriation bill.

An appropriation refers to an authorization made by law or other legislative enactment, directing

payment out of government funds under specified conditions or for specified purposes (Sec.2(1), Chapter
1, Book VI, EO NO. 292)

Rule: No money shall be paid out of the treasury except in pursuance of an appropriation made by law.

Limitations on the Power of Appropriation:

A. Inherent Limitations

1. The appropriation must always be for public purpose;

2. The amount to be appropriated must be certain and definite.
B. Constitutional Limitations

1. 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.

2. 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.

3. (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.

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

5. (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.

6. (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.

7. (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.

8. Doctrine of Automatic Re-appropriation (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.

9. (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.
(Sec. 27(2), Art. VI)

10. SECTION 29. (1) No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law.

11. Section 29 (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.
12. Section 29 (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.

Case: Unconstitutionality of Priority Development Assistance Fund or Pork Barrel Fund

G.R. No. 208566 November 19, 2013 BELGICA vs. HONORABLE EXECUTIVE SECRETARY PAQUITO N.
OCHOA JR, et al, Respondents
G.R. No. 208566 November 19, 2013

GRECO ANTONIOUS BEDA B. BELGICA JOSE M. VILLEGAS JR. JOSE L. GONZALEZ REUBEN M. ABANTE and
QUINTIN PAREDES SAN DIEGO, Petitioners,
vs.
HONORABLE EXECUTIVE SECRETARY PAQUITO N. OCHOA JR, et al, Respondents

PERLAS-BERNABE, J.:

NATURE:

These are consolidated petitions taken under Rule 65 of the Rules of Court, all of which assail the
constitutionality of the Pork Barrel System.

FACTS:

The NBI Investigation was spawned by sworn affidavits of six (6) whistle-blowers who declared that JLN
Corporation (Janet Lim Napoles) had swindled billions of pesos from the public coffers for "ghost
projects" using dummy NGOs. Thus, Criminal complaints were filed before the Office of the Ombudsman,
charging five (5) lawmakers for Plunder, and three (3) other lawmakers for Malversation, Direct Bribery,
and Violation of the Anti-Graft and Corrupt Practices Act. Also recommended to be charged in the
complaints are some of the lawmakers’ chiefs -of-staff or representatives, the heads and other officials of
three (3) implementing agencies, and the several presidents of the NGOs set up by Napoles.

Whistle-blowers alleged that" at least P900 Million from royalties in the operation of the Malampaya gas
project off Palawan province intended for agrarian reform beneficiaries has gone into a dummy NGO.
Several petitions were lodged before the Court similarly seeking that the "Pork Barrel System" be
declared unconstitutional

G.R. No. 208493 – SJS filed a Petition for Prohibition seeking that the "Pork Barrel System" be declared
unconstitutional, and a writ of prohibition be issued permanently

G.R. No. 208566 - Belgica, et al filed an Urgent Petition For Certiorari and Prohibition With Prayer For The
Immediate Issuance of Temporary Restraining Order and/or Writ of Preliminary Injunction seeking that
the annual "Pork Barrel System," presently embodied in the provisions of the GAA of 2013 which provided
for the 2013 PDAF, and the Executive‘s lump-sum, discretionary funds, such as the Malampaya Funds and
the Presidential Social Fund, be declared unconstitutional and null and void for being acts constituting
grave abuse of discretion. Also, they pray that the Court issue a TRO against respondents
 UDK-14951 – A Petition filed seeking that the PDAF be declared unconstitutional, and a cease and desist
order be issued restraining President Benigno Simeon S. Aquino III (President Aquino) and Secretary Abad
from releasing such funds to Members of Congress

ISSUES:

1. Whether or not the 2013 PDAF Article and all other Congressional Pork Barrel Laws similar thereto are
unconstitutional considering that they violate the principles of/constitutional provisions on (a) separation
of powers; (b) non-delegability of legislative power; (c) checks and balances; (d) accountability; (e)
political dynasties; and (f) local autonomy.

2. Whether or not the phrases (under Section 8 of PD 910,116 relating to the Malampaya Funds, and under
Section 12 of PD 1869, as amended by PD 1993, relating to the Presidential Social Fund, are
unconstitutional insofar as they constitute undue delegations of legislative power.

HELD:

1. Yes, the PDAF article is unconstitutional. The post-enactment measures which govern the areas of
project identification, fund release and fund realignment are not related to functions of congressional
oversight and, hence, allow legislators to intervene and/or assume duties that properly belong to the
sphere of budget execution. This violates the principle of separation of powers. Congress‘role must be
confined to mere oversight that must be confined to: (1) scrutiny and (2) investigation and monitoring of
the implementation of laws. Any action or step beyond that will undermine the separation of powers
guaranteed by the constitution.

Thus, the court declares the 2013 pdaf article as well as all other provisions of law which similarly allow
legislators to wield any form of post-enactment authority in the implementation or enforcement of the
budget, unrelated to congressional oversight, as violative of the separation of powers principle and thus
unconstitutional.

2. Yes. Sec 8 of PD 910- the phrase “and for such other purposes as may be hereafter directed by the
President”‖ constitutes an undue delegation of legislative power insofar as it does not lay down a
sufficient standard to adequately determine the limits of the President‘s authority with respect to the
purpose for which the Malampaya Funds may be used. It gives the President wide latitude to use the
Malampaya Funds for any other purpose he may direct and, in effect, allows him to unilaterally
appropriate public funds beyond the purview of the law.”

Section 12 of PD 1869, as amended by PD 1993- the phrases:

(b) "to finance the priority infrastructure development projects” was declared constitutional. IT
INDICATED PURPOSE ADEQUATELY CURTAILS THE AUTHORITY OF THE PRESIDENT TO SPEND THE
PRESIDENTIAL SOCIAL FUND ONLY FOR RESTORATION PURPOSES WHICH ARISE FROM CALAMITIES.

(b)” and to finance the restoration of damaged or destroyed facilities due to calamities, as may be
directed and authorized by the Office of the President of the Philippines” was declared unconstitutional.IT
GIVES THE PRESIDENT CARTE BLANCHE AUTHORITY TO USE THE SAME FUND FOR ANY INFRASTRUCTURE
PROJECT HE MAY SO DETERMINE AS A ―PRIORITY‖. VERILY, THE LAW DOES NOT SUPPLY A DEFINITION
OF ―PRIORITY INFRASTRUCTURE DEVELOPMENT PROJECTS‖ AND HENCE, LEAVES THE PRESIDENT
WITHOUT ANY GUIDELINE TO CONSTRUE THE SAME.
Doctrine of Augmentation
It is the prohibition against transfer of appropriations, however 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 provided that the following requisites are present (Araullo vs.
Aquino GR NO. 209287, July 1, 2014):
a. There is a law authorizing the President, the President of the Senate, the Speaker of the
House of Representatives, the Chief Justice of the SC, and the heads of the Constitutional
Commissions to transfer funds within their respective offices;
b. The funds to be transferred are saving generated from the appropriations for their
respective offices; and
c. The purpose of transfer is to augment an item in the general appropriations law for their
respective offices.

B. Oversight Powers of Congress

(Inquiries in Aid of Legislation and Question Hour)

Oversight Power is the power of the legislative branch over the executive branch. It includes review,
monitoring, and supervision of agencies, programs, activities and policy implementation. It serves as a
check and balance by conducting investigations, legislative hearings by congressional committees and
review and study conducted by each committee.

Nature of the Power of Oversight:

a. Intrinsic in the grant of legislative power itself;
b. Integral to the system of checks and balances; and
c. Inherent in a democratic system of government

The acts done by Congress purportedly in the exercise of its oversight powers may be divided into three
categories, namely: scrutiny, investigation and supervision (ABAKADA Guro Party List vs. Purisima, GR No.
166715, August 14, 2008)

1. Legislative Inquiry
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.

Purpose of Section 21: Investigation in aid of legislation – that the Congress cannot legislate
wisely or efficiently in the absence of information respecting the conditions which the legislation
is intended to affect on change; and where the legislative body does not itself possess the
requisite information which is not infrequently true recourse must be had to others who possess
it.

Inquiries in aid of legislation are undertaken as tools to enable the legislative body to gather
information and, thus, legislate wisely and effectively; and to determine whether there is a need
to improve existing laws or enact new or remedial legislation, albeit the inquiry need not result in
any potential legislation.

“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. But if
 the 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 already beyond the scope of Congressional powers.
(Bengzon vs. Senate Blue Ribbon Committee, November 20, 1991)

Limitations on Legislative Investigation:

a. The witness is entitled to constitutional rights to counsel and against self-incrimination even
if the investigation is not criminal investigation as the information divulge therein may be
used in criminal prosecution.
b. The rules of procedures to be followed shall be published for the guidance of those who will
be summoned.
c. The investigation must be in aid of legislation
d. Congress may not summon the President as witness or investigate the latter in view of the
doctrine of separation of powers except in impeachment cases;
e. Congress may no longer punish the witness in contempt after its final adjournment. The basis
of the power to impose such penalty is the right to self-preservation. And such right is
enforceable only during the existence of the legislature.

2. Question Hour
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

Section 22 formalizes the “oversight function” of Congress. The special mention of heads of
departments was put in was intended to forestall any objection to a department head’s appearance
in Congress. Such function Is intended to enable Congress to determine how laws it has passed are
being implemented. In deference to separation of powers, however, and because Department Heads
are alter egos of the President, they may not appear without the permission of the President.

Case: Senate of the Philippines vs. Ermita April 20, 2006

FACTS:

This is a petition for certiorari and prohibition proffer that the President has abused power by issuing E.O.
464 “Ensuring Observance of the Principles of Separation of Powers, Adherence to the Rule on Executive
Privilege and Respect for the Rights of Public Officials Appearing in Legislative Inquiries in
Aid of Legislation Under the Constitution, and for Other Purposes”. Petitioners pray for its declaration as
null and void for being unconstitutional.
In the exercise of its legislative power, the Senate of the Philippines, through its various Senate
Committees, conducts inquiries or investigations in aid of legislation which call for, inter alia, the
attendance of officials and employees of the executive department, bureaus, and offices including those
employed in Government Owned and Controlled Corporations, the Armed Forces of the Philippines (AFP),
and the Philippine National Police (PNP).
The Committee of the Senate issued invitations to various officials of the Executive Department for them
to appear as resource speakers in a public hearing on the railway project, others on the issues of massive
election fraud in the Philippine elections, wire tapping, and the role of military in the so-called “Gloriagate
Scandal”.
Said officials were not able to attend due to lack of consent from the President as provided by E.O. 464,
Section 3 which requires all the public officials enumerated in Section 2(b) to secure the consent of the
President prior to appearing before either house of Congress.

ISSUE:
Is Section 3 of E.O. 464, which requires all the public officials, enumerated in Section 2(b) to secure the
consent of the President prior to appearing before either house of Congress, valid and constitutional?

RULING:
No. The enumeration in Section 2 (b) of E.O. 464 is broad and is covered by the executive privilege. The
doctrine of executive privilege is premised on the fact that certain information must, as a matter of
necessity, be kept confidential in pursuit of the public interest. The privilege being, by definition, an
exemption from the obligation to disclose information, in this case to Congress, the necessity must be of
such high degree as to outweigh the public interest in enforcing that obligation in a particular case.
Congress undoubtedly has a right to information from the executive branch whenever it is sought in aid
of legislation. If the executive branch withholds such information on the ground that it is privileged, it
must so assert it and state the reason therefor and why it must be respected.
The infirm provisions of E.O. 464, however, allow the executive branch to evade congressional requests
for information without need of clearly asserting a right to do so and/or proffering its reasons therefor. By
the mere expedient of invoking said provisions, the power of Congress to conduct inquiries in aid of
legislation is frustrated.

C. Contempt Powers

Contempt power means the power of public institutions such as Congress or a court to punish persons
who show contempt for the process, orders, or proceedings of that institution.

While the Constitution does not expressly vest Congress with the power to punish non-members for
legislative contempt, the power has nevertheless been invoked by the legislative body as a means of
preserving its authority and dignity (Arnault vs. Nazareno, 87 Phil 29) Contempt power is incidental or
implied to legislative power. The legislature cannot obtain with accuracy, knowledge, and information on
which to base intended legislation without the power to require and compel the disclosure of such
knowledge and information.

D. Powers to Delegate Emergency Powers

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.
Conditions in granting Emergency Powers to the President:
1. Existence of war or other national emergency;
2. The authority to exercise emergency powers must be by virtue of a law enacted by Congress.
3. The authority to exercise emergency power must be in pursuance of a declared national
policy; and
4. The exercise of emergency power must be for a limited period and subject to such
restrictions as may be imposed by Congress.

Note: the President can exercise the emergency power granted to him by law onlny during the period as
fixed by law itself which can be revoked sooner pursuant to a joint resolution of Congress but such power
shall cease ipso facto upon the next adjournment of Congress.

E. Non-Legislative Powers of Congress

Among the non-legislative power of the legislature are as follows:

1. Power to declare the existence of war, upon 2/3 votes, in joint session assembled, voting
separately
2. To decide on the disability of the President
3. Power to revoke or extend the declaration of martial law or the suspension of the privilege of
the writ of habeas corpus;
4. Senate’s power to concur to treaties or international agreements, requiring 2/3 votes of all
the members of Senate;
5. Acting as the canvassing body for the Presidential and Vice Presidential elections and to
proclaim the winners
6. Power to concur to amnesty granted by the President
7. Power to initiate and try impeachment