Separation of Powers

Each of the three branches of government have their own powers to exercise and one branch cannot
interfere in the others’ exercise of such powers.
The separation of powers is based on the actual division and demarcation of the three branches of
government in the Constitution.
The goal of the separation of power is to prevent the concentration of power towards one branch
or in one person, so as to forestall despotism and obtain efficiency in government.
Separation of powers does not promote complete independence of the branches from each other,
but promotes interdependence between them.
Separation of powers is violated where there is undue interference or encroachment with and/or
impermissible assumption of another branch’s powers.
The doctrine of separation of powers only applies between the branches, not within the same
branch.
Electoral tribunals are within the legislative branch since they are created by Congress. However,
the tribunals operate independently from Congress and the latter cannot interfere with the
operations of the former. Similarly, while the Judicial and Bar Council is part of the Supreme
Court, the Supreme Court cannot interfere with the operations of the former.
Judicial review of legislative and executive acts by the courts may be exercised even without an
express provision in the Constitution. In cases of conflict between the departments of government,
only the courts of justice may be called upon to resolve such conflict.
Judicial review may only cover conflicts involving justiciable controversies and not purely
political questions.
The term "political question" connotes what it means in ordinary parlance, namely, a question of
policy. It refers to those questions which under the Constitution, are to be decided by the people
in their sovereign capacity; or in regard to which full discretionary authority has been delegated to
the legislative or executive branch of the government. It is concerned with issues dependent upon
the wisdom, not legality, of a particular measure.
There is a justiciable controversy if there is a right provided by law, an act or omission that
breaches this right, and a remedy for such breach that is provided by law.
Recall that in questioning the constitutionality of proposals for amendments to the Constitution,
the courts may only take cognizance of such questions before the proposed amendments are ratified
by the people. After that time, any possible errors to be found in the proposed amendments are
deemed cured by the people.
Recall that while Sec. 1 of Art. VIII of the 1987 Constitution expands the role of the judiciary to
determine whether the other branches has acted with grave abuse of discretion, this only had the
effect of streamlining the “political question” doctrine and not abrogating the doctrine entirely.
Grave abuse of discretion has a fixed meaning in law. The accepted definition thereof is a
capricious and whimsical exercise of judgment so patent and gross as to amount to an evasion of
a positive duty or a virtual refusal to perform a duty enjoined by law, as where the power is
exercised in an arbitrary and despotic manner because of passion or hostility.
Blending of powers – powers are assigned to several other departments
Examples include:
• The President presents a budget to Congress, which enacts an appropriation bill to
implement the budget.
• The President signs and ratifies a treaty with foreign countries and the Senate concurs with
such ratification.
• The President grants amnesty, which is subject to the approval of the majority of all
members of Congress.
Checks and Balances – One department may correct the mistakes committed by other departments
or may resist encroachments on their own powers.
Examples of Checks and Balances
• Exercise by the President of their veto power.
• Nullification by the President of a criminal conviction by pardoning the offender.
• Congress may override a veto by a vote of 2/3 of all members of each house.
• Congress, through the Commission of Appointments, consents to the appointments made
by the President to certain positions.
• Congress may refuse to concur with the grant of amnesty made by the President.
• The Senate may not concur with the ratification of a treaty made by the President.
• Impeachable officers may only be impeached by the House of Representatives and tried
before the Senate.
• Congress may prescribe, define, and apportion the jurisdiction of the courts but it cannot
deprive the Supreme Court of its jurisdiction over cases enumerated under Sec. 5, Art. VIII.
• The judiciary has the power to invalidate acts of the President, Congress, and other
government agencies.
The ultimate check on the government’s power rests on the people themselves, not on the checks
and balances exercised by the branches.
Delegation of Powers
General rule: what has been delegated cannot be delegated further because any further delegation
would be a negation of the delegate’s duties that violates the trust imposed on it.
Executive, legislative, and judicial power may be delegated to other bodies as allowed by law. For
example, the electoral tribunals exercise the power to be the sole judge of qualifications, elections,
and returns of members of Congress or the President and VP, depending on the tribunal. This is an
example of a delegation of judicial power to non-judicial bodies.
While non-delegation of executive and judicial power is a general rule, the non-delegation of
legislative power is an exception due to the growing complexity of society and the inability of
Congress to legislate on every possible issue that may be the subject of legislation.
Permissible delegations
• Delegation to the People (more of a reservation rather than delegation, since ultimate
sovereignty rests on the people)
o Initiative and Referendum
o Plebiscite for the creation, abolition, merger, or division of a province, city,
municipality, or barangay or for the alteration of the boundaries of any of the above.
• Delegation of emergency powers to the President conditioned on the following:
o Existence of war or other national emergency;
▪ The term “war” is to be considered to mean armed conflict.
▪ The term “war” refers only to armed conflict with a foreign power, not with
local insurgencies. However, the existence of local insurgent groups ma be
considered as a national emergency.
o Delegation for a limited period only;
o Delegation subject to limitations imposed by Congress; and
o Emergency powers must be exercised to carry out a national policy declared by
Congress.
o The delegation of emergency powers is akin to an ordinary agency in civil law. The
President (agent) needs to consent to the delegation by Congress (principal) for the
delegation to be effective. Meanwhile, if the delegation is withdrawn by Congress,
the President’s consent is not required.
o The passing of a resolution is enough to withdraw the delegation of emergency
powers. Otherwise, the adjournment of Congress will automatically withdraw the
delegation of emergency powers.
▪ The adjournment in this case refers to the mandatory adjournment or the
year-to-year adjournment, not the day-to-day adjournment between regular
sessions.
▪ The automatic withdrawal of delegation of emergency powers serves to
control the exercise of such powers by the President.
• Delegation of tariff powers to the President
o The Congress may, by law, authorize the President to fix within specified limits,
and subject to such limitations and restrictions as it may impose, tariff rates, import
and export quotas, tonnage and wharfage dues, and other duties or imposts within
the framework of the national development program of the Government.
o The Congress may fix the period for the exercise of delegated tariff powers and the
period may even be indefinite.
o Should Congress decide to withdraw the delegation from the President, the law
granting the delegation need not be amended.
o Under R.A. 10863’s Flexible Clause, the President, upon the recommendation of
the NEDA, is hereby empowered to:
 ▪ Increase, reduce, or remove existing rates of import duty including any
necessary change in classification. The existing rates may be increased or
decreased to any level, in one or several stages, but in no case shall the
increased rate of import duty be higher than a maximum of one hundred
percent (100%) ad valorem;
▪ Establish import quotas or ban imports of any commodity, as may be
necessary; and
▪ Impose an additional duty on all imports not exceeding ten percent (10%)
ad valorem whenever necessary. Provided, that upon periodic investigations
by the Commission and recommendation of the NEDA, the President may
cause a gradual reduction of rates of import duty granted in Section 1611 of
this Act, including those subsequently granted pursuant to this section.
o Recall that the BIR, BOC and PAGCOR are the agencies tasked with collection of
taxes.
• Delegation to LGU’s (under the LGC)
o The power delegated to LGU’s is not general legislative power but the power to
prescribe local regulations, according to local practices, subject to the impositions
of Congress in times of necessity.
• Delegation to administrative bodies
o Quasi-legislative power – the power delegated to the administrative body by
Congress to adopt rules and regulations for the carrying out of a law’s provisions
and to implement the legislative policy behind the law.
• Two-fold test for a valid delegation of powers
o Completeness test – the law must be complete in all of its essential terms and
conditions when it leaves Congress so that the delegate has no other duty but to
enforce the law.
o Sufficient standards test – the law must fix the limits, those being determinate or
sufficiently determinable, to which the delegate must conform when exercising the
delegated powers.
▪ Public welfare, justice and equity, public convenience and welfare, and
simplicity, economy and welfare have been recognized by the Supreme
Court to be sufficient standards for the exercise of delegated powers.
▪ The sufficient standards may be implied from the provisions of the law
itself.
o These two tests are only applicable in delegation to administrative bodies. The other
kinds of delegations already have provisions in the 1987 Constitution regarding the
limitations of such delegations.
Legislative Department (Art. VI)
Legislative power is the authority to make laws, to alter them, and to repeal them. It is vested in
Congress, except to the extent of the powers reserved to the people by initiative or referendum.
"Initiative" is the power of the people to propose amendments to the Constitution or to propose
and enact legislations through an election called for the purpose.
Classes of Initiative
• Initiative to the Constitution
• Initiative on Statutes
• Initiative on Local Legislation
Not less than 2,000 registered voters in case of autonomous regions, 1,000 in case of provinces
and cities, 100 in case of municipalities, and 50 in case of barangays, may file a petition with the
Regional Assembly or local legislative body, respectively, proposing the adoption, enactment,
repeal, or amendment, of any law, ordinance or resolution.
Limitations on Local Initiatives. — (a) The power of local initiative shall not be exercised more
than once a year.
(b) Initiative shall extend only to subjects or matters which are within the legal powers of the local
legislative bodies to enact.
(c) If at any time before the initiative is held, the local legislative body shall adopt in toto the
proposition presented, the initiative shall be cancelled. However, those against such action may, if
they so desire, apply for initiative in the manner herein provided.
"Referendum" is the power of the electorate to approve or reject a legislation through an election
called for the purpose. It may be of two classes, namely:
• Referendum on statutes which refers to a petition to approve or reject an act or law, or part
thereof, passed by Congress; and
• Referendum on local law which refers to a petition to approve or reject a law, resolution or
ordinance enacted by regional assemblies and local legislative bodies.
Section 10. Prohibited Measures. — The following cannot be the subject of an initiative or
referendum petition:
• No petition embracing more than one (1) subject shall be submitted to the electorate; and
• Statutes involving emergency measures, the enactment of which are specifically vested in
Congress by the Constitution, cannot be subject to referendum until ninety (90) days after
its effectivity.
There are two houses in our bicameral Congress, the Senate, and the House of Representatives.
The objective of our bicameral legislature is to strengthen the system of checks and balances since
neither house may not enact laws on their own and the consent of the other house is required.
The Senate and the House of Representatives are co-equal to each other in terms of rank. The terms
“upper house” and “lower house” are inappropriate in our system of government.
The qualifications for being a candidate for elective office, as provided by the Constitution, are
exclusive. When a law provides that no person may hold elective office without passing a
mandatory drug test, the law, to the extent of that provision, is unconstitutional.
There shall be 24 Senators, unless the Constitution is amended to change the number of Senators.
The manner by which the Senators are elected can only be altered by an amendment to the
Constitution. The voters who can elect the Senators may not be altered by law. The phrase “…as
may be provided by law” used in Art. VI, Sec. 2 refers to the qualifications of the voters only.
Qualifications for Senators
• Natural born citizen of the Philippines;
o This includes those who lose their Filipino citizenship by acquiring foreign
citizenship who have been subsequently repatriated under R.A. 9225.
o The citizenship requirement must be satisfied as of the day of assumption of office
as Senator.
o Note that repatriation is retroactive. Therefore, a candidate who was not a natural-
born citizen at the time of filing the COC will be considered as such upon
repatriation.
• At least 35 years old as of the day of the election;
• Able to read and write;
o No specific level of literacy is required by the Constitution.
o The Senator must at least be able to read and write in the official language of the
Philippines (English, Filipino).
• A registered voter; and
• Resident of the Philippines for at least 2 years immediately preceding the election day,
ending on the day immediately before election day.
o Residence, in this context, means the place one habitually resides in and where he
returns to if he is absent.
o To obtain a new domicile there must be animus manendi, or bodily presence in the
new domicile with intent to remain there, and animus non revertendi, or intent to
abandon the old domicile
Senators serve for a term of 6 years, commencing from noon of the 30th day of June immediately
following the election. The commencement of the term of a Senator cannot be changed by law.
Recall, for all elective officers, the officer will be considered as having served for one term if they
have been elected for that term and has actually completed the term.
No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office
for any length of time, among other modes, shall not be considered as an interruption in the
continuity of his service for the full term of which he was elected. Suspension of the Senator,
though involuntary, will not interrupt the term of the Senator.
Involuntary renunciation of office will serve as an interruption of the term of the Senator and the
Senator may seek a “3rd” consecutive term.
Provided hereunder are the prevailing jurisprudence on issues affecting consecutiveness of terms
and/or involuntary interruption, viz:
• When a permanent vacancy occurs in an elective position and the official merely assumed
the position pursuant to the rules on succession under the LGC, then his service for the
unexpired portion of the term of the replaced official cannot be treated as one full term as
contemplated under the subject constitutional and statutory provision that service cannot
be counted in the application of any term limit (Borja, Jr.). If the official runs again for the
same position he held prior to his assumption of the higher office, then his succession to
said position is by operation of law and is considered an involuntary severance or
interruption (Montebon).
• An elective official, who has served for three consecutive terms and who did not seek the
elective position for what could be his fourth term, but later won in a recall election, had
an interruption in the continuity of the official’s service. For, he had become in the interim,
i.e., from the end of the 3rd term up to the recall election, a private citizen (Adormeo and
Socrates).
• The abolition of an elective local office due to the conversion of a municipality to a city
does not, by itself, work to interrupt the incumbent official’s continuity of service (Latasa).
• Preventive suspension is not a term-interrupting event as the elective officer’s continued
stay and entitlement to the office remain unaffected during the period of suspension,
although he is barred from exercising the functions of his office during this period
(Aldovino, Jr.).
• When a candidate is proclaimed as winner for an elective position and assumes office, his
term is interrupted when he loses in an election protest and is ousted from office, thus
disenabling him from serving what would otherwise be the unexpired portion of his term
of office had the protest been dismissed (Lonzanida and Dizon). The break or interruption
need not be for a full term of three years or for a major part of the 3-year term; an
interruption for any length of time, provided the cause is involuntary, is sufficient to break
the continuity of service (Socrates, citing Lonzanida).
• When an official is defeated in an election protest and said decision becomes final after
said official had served the full term for said office, then his loss in the election contest
does not constitute an interruption since he has managed to serve the term from start to
finish. His full service, despite the defeat, should be counted in the application of term
limits because the nullification of his proclamation came after the expiration of the term
(Ong and Rivera).
o The above rules may be applied to both local elective officers and the members of
Congress.
Half of the 24 senators shall be elected in every election day.
There shall be not more than 250 members of the House of Representatives, unless otherwise
provided by law. Currently, there are 316 representatives.
Under the 1987 Constitution, there were three kinds of representatives:
 • District representatives;
• Sectoral representatives; and
• Party-list representatives
o Note that sectoral representatives no longer exist as of 1998.
The representatives shall consist of district representatives and party-list representatives, which
shall consist of not more than 20% of the total number of representatives.
Qualifications for District Representatives
• Natural born citizen of the Philippines;
• At least 25 years old as of the day of the election;
• Able to read and write;
• A registered voter of the district they intend to represent; and
• Resident of such district for at least 1 year immediately preceding the election day, ending
on the day immediately before election day.
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. This condition only applies to the initial district created for the
city. Additional city districts do not require an increase of 250,000 residents.
Municipalities may be constituted by law as a legislative district and the municipality need not
have at least 250,000 residents to be given a representative. However, the municipality must be
constituted in the Metropolitan Manila area.
Only Congress can create legislative districts, not a regional body. Creation of such districts does
not need a plebiscite if no new LGU’s will be created.
Gerrymandering, or the creation of legislative districts out of separate territories to favor a
candidate or party, is proscribed.
Specific Qualifications for Party-list Representatives
• Natural born citizen of the Philippines;
• At least 25 years old on the day of the election
o For representatives of the youth sector, they must be at least 25 years old but not
older than 30 years of age on election day.
• Able to read and write;
• A registered voter;
• Resident of the Philippines for at least 1 year immediately preceding the election day; and
• A bona fide member of the party they seek to represent for at least 90 days preceding the
election day.
Party-list representatives shall compose no more than 20% of the total number of representatives,
as established by law. Party-list groups with at least 2% of the total votes cast shall be guaranteed
a House seat. After allocation of the guaranteed seats, the remaining seats shall be distributed to
all party-list groups, including those that did not receive 2% of the total votes, with the limitation
that no party-list group shall receive more than 3 seats, regardless of the number of votes cast for
it.
National, regional, and sectoral parties may participate in the party-list system. National and
regional parties need not organize along sectoral lines to partake in the system. National parties
need only register under the party-list system, so long as they do not field candidates for district
seats. Nominees of national and regional parties must be bona fide members thereof.
An elected party-list representative that changes parties during his term forfeits his seat. If he
changes parties within 6 months before the election day, he is not eligible for nomination under
his new party.
Purely sectoral parties may represent marginalized and underrepresented sectors or those lacking
in well-defined political constituencies.
A majority of the members of a sectoral party, whether representing marginalized and
underrepresented sectors or those lacking in well-defined political constituencies, must belong to
the sector they seek to represent.
The nominees of sectoral parties must either:
• Be a member of the sector they seek to represent; or
• Must have a track record of advocacy for such sector.
National, regional, or sectoral parties will not be disqualified if some of their nominees are
disqualified, as long as they have at least one qualified nominee.
Members of the House of Representatives shall serve for a term of 3 years but shall not serve more
than 3 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. The suspension of the Representative, though involuntary, will not interrupt the term of
the Representative.
Involuntary renunciation of office will serve as an interruption of the term of the Representative
and the Representative may seek a “4th” consecutive term.
In case of special elections for vacancy, no such election shall be held if the vacancy occurs, in the
Senate, at least 18 months before the next regular election day or, if the vacancy occurs in the
House, at least 1 year before the same. Those elected to fill a vacancy will only serve for the
unexpired portion of the term of the previous member.
Salaries of Senators and House members are fixed by law. An increase in their compensation will
take effect after the term of all Senators and House members who approved the increase.
Senators and House Members shall be immune from arrest for crimes penalized by not more than
6 years of imprisonment while Congress is in either a regular or special session, regardless of
whether the member concerned is actually attending the session. If the crime is penalized by
imprisonment for more than 6 years, the member concerned may be arrested.
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. The remarks made must be made while Congress or the
concerned committee is in session and must be made in connection with the discharge of official
duties. However, the offending member may be held accountable according to their chamber’s
own internal rules.
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
(Incompatible Office). 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 (Forbidden Office).
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. This also applies for appearance on behalf of another party.
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.
Otherwise, subject to the above prohibitions, members of Congress may practice their respective
professions.
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. Other special include those called to fill the
vacancies in the Office of President or of Vice President, which shall be called on 10am of the 3rd
day after the vacancy occurs, those called to determine the fitness of the President to discharge his
duties, and those called to vote on the extension or revocation of the proclamation of martial law
or the suspension of the privilege of the writ of habeas corpus.
The Senate shall elect its President and the House of Representatives its Speaker, by a majority
vote of all its respective Members. Other officers of the chamber may be elected according to the
rules of the chamber.
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. The total number of members shall include those
who are in the Philippines and under the coercive jurisdiction of their respective chamber.
Majority of all members of Congress means the majority of all members of both chambers,
regardless of the members present or absent during the time the matter is brought to the floor as
long as there is quorum. Majority of the House/Senate is 50%+1 of the actual membership of the
chamber who are under its coercive jurisdiction.
Instances where the two Houses vote separately are:
• To choose the President;
• To determine the President’s disability;
• To confirm the nomination of the Vice-President, in case of vacancy in that office;
• To declare the existence of a state of war, in joint session; and
• To propose amendments to the Constitution.
Instances where the two House vote jointly are:
• To revoke or extend the proclamation of martial law; and
• To revoke or extend the suspension of the privilege of the writ of habeas corpus
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. The courts may intervene in
case the disciplinary action is contrary to the above rules.
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.
The matters required to be entered into the Journal are:
• The votes on the 3rd and final reading of a bill;
• The veto message of the President;
• The votes on the overturning of the President’s veto;
• The votes on any question, at the request of at least 1/5 of the member present; and
• The vote of each Member of the House in impeachment cases.
The Journal is regarded as conclusive with respect to matters that are required by the Constitution
to be recorded therein. With respect to other matters, in the absence of evidence to the contrary,
the Journals have also been accorded conclusive effect. (Arroyo vs. De Venecia)
Under the "enrolled bill doctrine," the signing of a bill by the Speaker of the House and the Senate
President and the certification of the Secretaries of both Houses of Congress that it was passed are
conclusive of its due enactment.
As far as Congress itself is concerned, there is nothing sacrosanct in the certification made by the
presiding officers. It is merely a mode of authentication. The lawmaking process in Congress ends
when the bill is approved by both Houses, and the certification does not add to the validity of the
bill or cure any defect already present upon its passage. In other words, it is the approval by
Congress and not the signatures of the presiding officers that is essential. (Astorga vs. Villegas)
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.
On the nature of the Senate as a "continuing body," this Court sees fit to issue a clarification.
Certainly, there is no debate that the Senate as an institution is "continuing", as it is not dissolved
as an entity with each national election or change in the composition of its members. However, in
the conduct of its day-to-day business the Senate of each Congress acts separately and
independently of the Senate of the Congress before it. (Neri vs. Senate)
Senate/House of Representatives Electoral Tribunals
Membership:
• 3 Supreme Court Justices designated by the Chief Justice; and
• 6 Members of the Chamber concerned, chosen based on proportional representation of the
political parties and the party-list groups.
Jurisdiction of the Electoral Tribunals
• Contests relating to election, returns, and qualifications of their respective members;
o Jurisdiction is acquired when a winning candidate is proclaimed, has taken their
oath of office, and has assumed their office as a Member of the House/Senator,
which takes place at noon on June 30.
o When these conditions are met, COMELEC loses its jurisdiction over the contest.
Commission on Appointments
Membership:
• Senate President, as ex officio chairman who only votes to break a tie; and
• 12 Senators and 12 Member of the House, chosen via proportional representation of the
political parties and the party-list groups.
o Political parties in the Senate needs at least 2 members for a guaranteed seat in the
Commission on Appointments, with rounding off not allowed.
o For political parties in the House, rounding off is allowed to determine the number
of seats allotted to one party.
o It is not required that there be 12 Senators and 12 House Members appointed to the
Commission of Appointments for it to function. So long as quorum exists on both
sides of the Commission, the same can conduct its business.
Note that ad interim appointments not acted upon by the time of Congress’s adjournment are
deemed by-passed, even if the 30 day period to act on the appointment has not expired.
Legislative Powers of Congress include:
• General plenary power (Legislative power);
 • Power of appropriation, with such bills originating from the House;
• Taxation and appropriation powers;
• Legislative investigations or inquiries in aid of legislation; and
• Question hour of heads of the executive departments.
Non-legislative Powers of Congress include:
• Power to canvass presidential elections;
• Power to declare the existence of a state of war;
• Power to delegate emergency powers;
• Power to call a special election to elect the President or Vice President, in case of vacancy;
• Power to give concurrence to treaties and amnesties;
• Power to propose constitutional amendments (Constituent power);
• Power to confirm presidential appointments;
• Power to impeach the impeachable officers;
• Power to decide the disability of the President to discharge his duties;
• Power to revoke or extend the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus; and
• Power to allow small-scale utilization of natural resources by Filipino citizens, as well as
cooperative fish farming, with priority to subsistence fishermen and fish workers in rivers,
lakes, bays, and lagoons.
Substantial Limitations of Legislative Powers
• Bill of Rights
o No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the government
for redress of grievances.
o No law shall be made respecting an establishment of religion, or prohibiting the
free exercise thereof.
o No law impairing the obligation of contracts shall be passed.
o No ex post facto law or bill of attainder shall be enacted.
• Appropriations
o 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.
o 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.
 o 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.
o 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.
o The procedure in approving appropriations for the Congress shall strictly follow the
procedure for approving appropriations for other departments and agencies.
o 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.
o 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.
o 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.
o 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.
o The President shall submit to the Congress, within thirty days from the opening of
every regular session as the basis of the general appropriations bill, a budget of
expenditures and sources of financing, including receipts from existing and
proposed revenue measures.
o The appropriation must be devoted to a public purpose.
o The sum to be released must be determinate or at least determinable.
• Taxation
o No law granting any tax exemption shall be passed without the concurrence of a
majority of all the Members of the Congress.
o 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.
o ll revenues and assets of non-stock, non-profit educational institutions used
actually, directly, and exclusively for educational purposes shall be exempt from
taxes and duties.
• Jurisdiction of the Supreme Court
 o No law shall be passed increasing the appellate jurisdiction of the Supreme Court
as provided in this Constitution without its advice and concurrence.
o The Congress shall have the power to define, prescribe, and apportion the
jurisdiction of the various courts but may not deprive the Supreme Court of its
jurisdiction over cases enumerated in Section 5 hereof.
o No law shall be passed reorganizing the Judiciary when it undermines the security
of tenure of its Members.
• Other express limitations
o No law granting a title of royalty or nobility shall be enacted.
o No law shall be passed exempting any entity of the Government or its subsidiaries
in any guise whatever, or any investment of public funds, from the jurisdiction of
the Commission on Audit.
• Implied limitations
o Prohibition on irrepealable laws
o Non-delegation of legislative powers
• Jurisprudence
o Congress cannot provide for the holdover of elective officers if the same will go
beyond the terms fixed by the Constitution.
o Congress cannot create a new term for a position and appoint the occupant of the
position to that new term
o Congress cannot grant legislative franchises for the operation of public utilities
which is exclusive in character and not subject to amendment, alteration, or repeal
when public necessity requires it.
o Congress cannot impliedly give laws retroactive effect.
Procedural Limitations
• Every bill passed by the Congress shall embrace only one subject which shall be expressed
in the title thereof.
• 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.
o 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.
• 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.
Classification of Appropriations Bills
• General – passed annually
• Specific – for a specific purpose
Appropriation Process
• Preparation – preparation of the budget by the Executive Branch
• Legislation – creation of an appropriations bill by the Legislative Branch
• Execution – implementation of the appropriations law by the Executive Branch
• Accountability – monitoring of the implementation of the Executive Branch
Pork barrel is unconstitutional since it:
• Interferes with the separation of powers by allowing Congress and its members to play a
role in implementing the budget, which is solely lodged with the Executive Branch;
• Violates the non-delegability of legislative power by allowing individual members of
Congress to exercise the appropriation power, which is lodged in Congress as a whole;
• Goes against checks and balances since it impairs the president’s power to exercise their
line-item veto power;
• Avoids accountability; and
• Disregards local autonomy since lawmakers are allowed to interfere on purely local
matters.
Process of enacting laws
• First reading – reading of a bill’s number and title and referral of which to the proper
committee.
• Second reading – reading of the bill in full with the proposed amendments. Debate on the
bill occurs.
• Third reading – submission of the bill, as approved on second reading, to the final vote by
the chamber.
• Transfer of the bill to the other chamber for its 3 readings.
• Conference Committee – incase the 2nd chamber makes amendments and the 1st chamber
disagrees with the same.
• Authentication – signing of the final bill by the Speaker and Senate President, with
certifications of the secretaries of the 2 chambers.
• Presidential approval or veto
• Overturning of veto
Kinds of veto
• General – vetoes the entire bill. Partial veto is not allowed.
• Line-item – veto of a particular item in an appropriations, revenue, or tariff bill.
o Items refer to the distinct and severable parts of a bill.
o Generally, only whole items can be line-item vetoed.
▪ However, provisions of such bills that do not relate to a particular item of
the bill, or that extends in its operation beyond an item of appropriation, can
be vetoed separately from an item.
Legislative veto – subjecting executive action to the approval of Congress. Is unconstitutional
since it violates the bicameral nature of Congress and the rule on presentment.
Legislative inquiries
• To oversee the implementation of legislation;
• To make inquiry on any proposed legislation; or
• To aid in the formulation of future legislation.
The power to make legislative inquiries may be exercised by either chamber even when there is
no pending legislation so long as the inquiry is within the chamber’s jurisdiction and the same
must be necessary to the exercise vested onto the chamber by the Constitution.
The power to make legislative inquiries includes the powers to issue summons and notices, to
declare a person in contempt, and to determine the rules in its proceedings.
The power to make legislative inquiries must be exercised in aid of legislation in accordance with
duly published rules and procedures and with due respect to the rights of persons appearing before
or who are affected by the inquiry.
Persons under legislative inquiry cannot decline to appear before Congress on the ground of self-
incrimination since they are not being investigated for a crime. However, they can decline to
answer questions that require incriminating answers.
Post-enactment congressional measures
• Monitor bureaucratic compliance with program objectives;
• Determine whether agencies are properly administered;
• Eliminate excessive waste and dishonesty;
• Prevent executive usurpation of legislative authority; and
• Assess executive conformity with the Congress’s perception of public interest.
Categories of oversight functions
• Scrutiny – implies a less intensive and continuous attention to administrative operations.
Based on the power of appropriation.
• Congressional investigation – implies a more intense digging up of facts, as an exercise of
its power to hold legislative inquiries.
• Legislative investigation – the legislative veto that is unconstitutional