Chapter 8

THE LEGISLATIVE DEPARTMENT

The new constitution of the Philippines has revived the name "Congress of the Philippines," which
replaced the legislature during the Marcos regime known as the Batasang Pambansa. The revival of the
old name is intended to distance the new legislature from the tainted reputation of the Batasang
Pambansa. The previous Congress, operating under the Commonwealth Constitution, had more
independence and power compared to the Batasang Pambansa, which served Marcos unquestionably.

This shift also marks a return to bicameralism after an experiment with unicameralism introduced by the
1973 Constitution. The Philippines has had a history of both unicameral and bicameral legislatures. The
current Congress includes a Senate and a House of Representatives, although there have been important
modifications to its powers, including the reservation of certain legislative authority for the people
through initiatives and referendums.

The legislative power in the new Congress is shared between the Senate and the House of
Representatives, with some powers extending beyond the traditional legislative role. These additional
powers include canvassing presidential elections, declaring the existence of a state of war, confirming
amnesties, approving presidential appointments through the Commission on Appointments, amending or
revising the Constitution, and handling impeachment proceedings.

Qualifications and requirements for Senators in the Philippines:

A. Composition of the Senators

Composition of the Senate: The Senate is composed of 24 Senators who are elected at large by qualified
voters in the Philippines. This is done to create a broader perspective on national issues, as Senators do
not represent specific districts but the entire country. It aims to ensure that Senators have a more
comprehensive view of the nation's problems.

B. Qualifications for Senators:

- A Senator must be a natural-born citizen of the Philippines.

- At the time of the election, the candidate must be at least 35 years of age.
- The candidate must be able to read and write.
- They must be a registered voter.
- They should have been a resident of the Philippines for at least two years immediately before the day
of the election.

1. Residence Requirement: Residence is defined as the place where one habitually resides and intends to
return when absent. A person cannot have two residences simultaneously. Establishing a new residence
results in the forfeiture of the old one. It is a matter of intention and circumstances.

2. Continuing Requirements: These qualifications and requirements are continuous throughout the
Senator's term. For example, if a Senator becomes naturalized in a foreign country during their term, they
would lose their seat.

3. Exclusive Qualifications: The qualifications for Senators are exclusive, and additional qualifications
cannot be imposed by legislation, as they are specifically defined in the Constitution.
4. Unconstitutional Additional Qualifications: Any additional qualifications imposed by legislation,
like mandatory drug testing for candidates for public office, are considered unconstitutional if they go
beyond the qualifications specified in the Constitution. Such additional requirements are not permissible,
as they are not specified in the Constitution.

C. Term of office for members of the Senate in the Philippines and related constitutional
provisions.

1. Term of Senators: Senators in the Philippines have a term of office that lasts for six years. This term
begins at noon on the thirtieth day of June following their election, unless otherwise specified by law.

2. Rotation of Senators: To maintain continuity in the Senate, the constitution divides Senators into two
groups. In the initial election after the 1987 Constitution, the first group of twelve Senators served a term
of five years, while the second group of twelve served a full term of six years. Subsequently, twelve
Senators are elected every three years, each serving a full term of six years. This system ensures that the
Senate is never completely dissolved, as only half of the Senators are replaced or reelected every three
years.

3. Continuing Institution: The Senate is often referred to as a "continuing" institution because it doesn't
dissolve entirely with each election. However, each Senate session conducts its business separately and
independently of the previous session. Matters and proceedings, such as unpassed bills or legislative
investigations, are considered terminated when a Congress ends. It is optional for the next Congress to
take up any unfinished business.

4. Exclusive Powers: While the Senate is a continuing body, its powers and legislative actions are
specific to each session. This is consistent with the general characterization of Congress as "not a
continuing body," particularly regarding the passage of bills. Unapproved bills from previous sessions do
not carry over, and legislative investigations are not considered when construing laws passed by
subsequent Congresses.

5. Senate's Power to Punish for Contempt: The Senate's power to punish for contempt in the exercise
of its investigative functions does not cease with the dissolution of the Congress or the House of
Representatives. The Senate is considered a "continuing body" for this purpose.

6. Term Limits for Senators: The Constitution imposes term limits on Senators. A Senator cannot serve
for more than two consecutive terms. Voluntary renunciation of office does not interrupt the continuity of
service, as the limit is based on the total number of years served.

7. Change in Commencement Date: The term of Senators used to begin on December 30, but it was
changed to June 30 to align with the new election date in May. The passage suggests that a further change
to July 1 without waiting until noon could be considered by legislation.
 THE HOUSE OF REPRESENTATIVES

1. COMPOSITION

House of Representatives in the Philippines under the 1987 Constitution introduces two kinds of members
in the House: district representatives and party-list representatives.

Here's a breakdown of the key points:

1. Two Kinds of Members: The House of Representatives is composed of two types of members:

- District Representatives:
These members are elected directly by the voters within a specific geographic area or district. They
represent the interests and concerns of their respective districts.

-Party-List Representatives:
Party-list representatives are elected indirectly through a party or organization. These parties or
organizations are voted for by the electorate, and the representatives are selected based on their respective
party's performance in the elections.

2. Party-List System: The party-list system is a unique feature introduced by the 1987 Constitution. It
allows for the election of representatives from registered national, regional, and sectoral parties or
organizations. These representatives are meant to represent various sectors, interests, and demographics
within the country.

3. Percentage of Party-List Representatives: The party-list representatives constitute twenty percent of

the total membership of the House of Representatives.

4. Sectoral Representation: Party-list representatives are selected from specific sectors such as labor,
peasants, urban poor, indigenous cultural communities, women, youth, and others, as provided by law.
The religious sector is an exception and is not included.

5. Apportionment of Legislative Districts: Legislative districts are created and apportioned among
provinces, cities, and the Metropolitan Manila area based on the population. The apportionment follows a
uniform and progressive ratio.

6. Representation for Cities and Provinces: Each city with a population of at least 250,000 and each
province must have at least one representative in the House of Representatives.

7. Reapportionment: Congress is responsible for reapportioning legislative districts within three years
after each census. The reapportionment must adhere to specific standards to ensure that districts are
contiguous, compact, and adjacent.

A. THE DISTRICT REPRESENTATIVES

The House of Representatives in the Philippines and how legislative districts are created and apportioned.
Here are the key points:

1. Initial Apportionment
The House of Representatives is composed of 200 members elected directly from various legislative
districts. These districts are created based on the population of the provinces, cities, and the Metropolitan
Manila area. The apportionment is carried out following a uniform and progressive ratio.

2. Reapportionment
The Constitution allows for the adjustment of the initial apportionment by the Congress within three years
after each population census. The purpose of reapportionment is to ensure that the representation in the
House remains equitable. It's particularly important to guarantee that cities with a population of at least
250,000 and every province have at least one representative.

3. Prohibition of Gerrymandering
The Constitution prohibits gerrymandering, which is the manipulation of district boundaries to favor
specific candidates or parties. Districts must be created in a manner that is contiguous, compact, and
adjacent, ensuring fair representation.

4. Challenges and Legal Cases

Various legal cases and rulings have arisen in relation to the creation of legislative districts,
reapportionment, and adherence to constitutional standards. For example, a law creating a legislative
district for a city was nullified when it left a part of that city isolated from the rest of the district.
Additionally, the basis for districting is the number of inhabitants, not the number of registered voters.

5. Minimum Population Requirement

The requirement of a minimum population of 250,000 applies only to cities and not to provinces for the
establishment of legislative districts.

6. Conversion into Highly Urbanized Cities

Conversion of a city into a highly urbanized city may automatically result in the creation of a legislative
district. This often involves a plebiscite, especially when it involves a change in territory.

7. Mere Demographic Projections

Legislative districts should not be created based solely on demographic projections, but should be
founded on actual population data.

8. Power to Create Provinces and Cities

The power to create provinces and cities inherently involves creating legislative districts, a power held
exclusively by Congress. Laws authorizing entities other than Congress to create provinces and cities
have been considered unconstitutional.

B. THE PARTY-LIST REPRESENTATIVES

Comprehensive overview of the party-list system and the role of party-list representatives in the House of
Representatives in the Philippines.
Here are the key points:

1. Party-List Representatives
The House of Representatives in the Philippines is not solely composed of regular district representatives
but also includes party-list representatives, as provided in the 1987 Constitution. Party-list representatives
make up 20% of the total membership of the House of Representatives.

2. Legal Framework
The legal framework for the party-list system is established in Republic Act No. 7941, which has been in
effect since the 1998 elections.

3. Three Different Groups

The party-list system includes three different groups: national parties or organizations, regional parties or
organizations, and sectoral parties or organizations. Each group has its own characteristics and
requirements.

4. Proportional Representation
The party-list system aims to achieve proportional representation in the House of Representatives. It
allows Filipino citizens belonging to marginalized and underrepresented sectors or organizations to
become members of the House of Representatives.

5. Eligible Sectors
Sectors eligible for representation in the party-list system include labor, peasant, fisherfolk, urban poor,
indigenous cultural communities, handicapped, veterans, overseas workers, professionals, the elderly,
women, and youth.

6. Nomination and Candidate Eligibility

Party-list candidates must give written consent for their nomination and may only be named as
candidates in one list. Candidates who lost in the immediately preceding election are ineligible. They
must either belong to the sector they represent or have a track record of advocacy for that sector.

7. Allocation of Seats
The allocation of party-list seats is determined by the percentage of votes received by each party-list
organization. Parties that receive at least 2% of the total votes cast for the party-list system are entitled to
one seat each. The allocation is proportionate based on the percentage of votes obtained.

8. Ineligibility for Nomination

Party-list representatives who change their political party or sectoral affiliation during their term forfeit
their seat. If the change occurs within six months before an election, they are not eligible for nomination
as a party-list representative under their new affiliation.

9. Role of Party-List Representatives

Party-list representatives have the same rights, privileges, and duties as district representatives. They can
participate in lawmaking and are subject to the same term limitations.

2. QUALIFICATION

Qualifications and requirements for members of the House of Representatives in the Philippines:

1. Qualifications for Members of the House of Representatives:

- Natural-born citizen of the Philippines.
- At least 25 years of age on the day of the election.
- Able to read and write.
- Registered voter in the district they represent (except for party-list representatives).
- Resident of the district for at least one year immediately preceding the election.

2. Qualifications for Party-List Representatives:

- Natural-born citizen of the Philippines.
 - Resident of the Philippines for at least one year before the election (not specific to any district).
- Bona fide member of the party they seek to represent at least 90 days before the election.
- Party-list representatives must not be more than 30 years old (in the case of the youth representative).

3. Requirements for Participation in the Party-List System:

- Parties, organizations, or coalitions seeking to participate in the party-list system must file a verified
petition with relevant information.
- The petition must be published in newspapers, and the Commission on Elections (COMELEC) will
resolve it within a specified timeframe.

4. Proportional Representation for Party-List Representatives:

- The party-list system is intended to promote proportional representation in the House of
Representatives.
- Three different groups may participate: national parties or organizations, regional parties or
organizations, and sectoral parties or organizations.
- The party-list system aims to include marginalized and underrepresented sectors in the legislative
process.

5. Residency and Oath of Allegiance:

- Members of the House of Representatives must meet residency requirements in their districts, and this
requirement is for one year immediately before the election.
- A dual citizen, who retains or re-acquires Philippine citizenship through the Citizenship Retention and
Re-acquisition Act, must take an oath of allegiance before assuming office.

6. Suffrage and Voting Rights:

- Suffrage can be exercised by all citizens of the Philippines who meet the legal qualifications.
- Disqualifications from voting include those sentenced to imprisonment for at least one year, those
convicted of crimes involving disloyalty to the government, and those declared insane or incompetent.
- Non-resident Filipinos and dual citizens have the right to vote in elections, even if they are non-
residents or abroad, provided they meet the eligibility criteria.

3. TERM

The House of Representatives in the Philippines has a term of three years for its members, as specified in
the Constitution. Here's a summary of key points related to the term of House members:

1. Term Duration
Members of the House of Representatives have a term of three years.

2. Commencement of Term
The term begins at noon on the thirtieth day of June following their election unless otherwise provided by
law. This helps to synchronize elections within the country.

3. Term Limits
No member of the House of Representatives can serve for more than three consecutive terms. Voluntary
renunciation of the office for any length of time does not interrupt the continuity of service for the full
term.

4. Comparison with the Senate

The term limits for House members differ from those of Senators. While Senators can serve for no more
than two consecutive terms, House members can serve for up to three terms, which totals nine
consecutive years.

5. Involuntary Interruptions
The continuity of an elective official's service can be interrupted involuntarily due to certain
circumstances. This includes situations like when a permanent vacancy occurs in an elective position and
the official merely assumed the position pursuant to rules on succession or when a candidate is defeated
in an election protest after having served the full term.

6. Different Rules for Different Scenarios

The rules for continuity and interruptions in service may vary depending on the specific circumstances,
such as electoral defeats, succession to higher office, or preventive suspension.

ELECTIONS

1. In 1987, the first congressional elections were held on the second Monday of May. Subsequent
elections took place every three years.

2. In 1992, elections covered all congressional members. In 1995, the entire House of Representatives and
twelve Senate seats were up for election. Following this, regular elections occurred every three years,
determining the fate of all House of Representatives members and half of the Senate members.

3. Under the 1973 Constitution, vacant seats in the Batasang Pambansa were to be filled by special
elections called by the Commission on Elections. However, this rule has been replaced by a provision
similar to the one found in the Commonwealth Constitution:
- When a vacancy occurs in the Senate or House of Representatives, a special election can be called to
fill the seat as per the law. However, the elected Senator or House member will only serve for the
remaining term.

4. In cases where the vacancy is for a party-list representative, a special election is not necessary. Instead,
the vacant seat is filled by the next nominee from the list submitted to the Commission on Elections by
the same party, organization, or coalition. This new representative serves for the unexpired term. If the
list of nominees is exhausted, the party, organization, or coalition can propose additional nominees.

SALARY

Salaries and allowances of members of the Philippine Congress, along with relevant legal context:

1. Salaries Determined by Law

According to Article VI of the Philippine Constitution, the salaries of Senators and Members of the House
of Representatives are determined by law. This means that the specific compensation for these elected
officials is established through legislative action. However, any increase in their compensation cannot
take effect until after the expiration of the full term of all the members of the Senate and the House of
Representatives who approved the increase. In essence, they can't grant themselves an immediate raise
but can adjust their salaries for future terms.

2. Public Accessibility and Accountability

The Constitution also mandates transparency regarding the financial matters of Congress. The records and
financial books of the Congress must be preserved and made open to the public in accordance with the
law. Additionally, these financial records are subject to audit by the Commission on Audit, a government
agency responsible for examining government financial transactions. Furthermore, the Commission on
Audit must publish an itemized list of amounts paid to and expenses incurred for each Member of
Congress. This requirement aims to prevent the abuse of allocating substantial allowances without public
oversight, which occurred in the past.

3. Prohibition on Immediate Salary Increases

It is important to note that the Constitution prohibits any increase in the salaries of members of Congress
from taking effect during their current term. This is intended to prevent self-serving actions by legislators
during their own tenure.

In the past, there was an attempt to provide retirement benefits to Senators and Representatives through
legislation, which was challenged in court. The court declared it unconstitutional because it allowed
immediate access to retirement benefits without waiting for the expiration of the full term of the members
of Congress who approved the increase. This was considered a violation of the constitutional prohibition
on salary increases during the members' terms.

PARLIAMENTARY IMMUNITIES

Immunities provided to Senators and Members of the House of Representatives in the Philippines:

1. Immunity from Arrest During Sessions

A Senator or Member of the House of Representatives cannot be arrested while Congress is in session,
except in cases of offenses punishable by more than six years of imprisonment. This immunity is
designed to ensure that elected representatives can fulfill their legislative duties without hindrance. It
prevents their arrest for minor offenses and guarantees their presence at congressional sessions to
represent their constituents effectively.

a. Parliamentary Immunity from Arrest

In the past, legislators had immunity only from civil arrests, meaning they could not be arrested
in civil cases while Congress was in session. However, the 1987 Constitution expanded this
immunity to cover arrests for certain criminal offenses that are punishable by not more than six
years of imprisonment. For crimes like murder, the immunity does not apply, but for less serious
offenses like slight physical injuries, it does.

b. Scope of Parliamentary Immunity

The immunity from arrest applies only while Congress is in session, referring to the entire period
from the initial convening of Congress to its final adjournment. The use of the term "session"
does not refer to the day-to-day meetings but the overall legislative term.

2. Privilege of Speech and Debate

This privilege grants Senators and Representatives the freedom to express their opinions, views, and
engage in debates within the Congress or its committees without being held accountable elsewhere. It
means that their statements or speeches made during legislative proceedings cannot be used against them
in other legal or judicial proceedings. This protection encourages open and honest discussions within the
legislature, allowing legislators to speak freely on matters of public interest without fear of facing legal
consequences for their words.

The limitations and responsibilities that come with this privilege:

a. Privilege of Speech and Debate

 Members of Congress also enjoy the privilege of speech and debate. This privilege has two key
requirements:
- Remarks or statements must be made during legislative sessions.
- These remarks must be related to the legislator's official duties or the discharge of official
responsibilities.

The idea behind this privilege is to allow legislators to speak openly and freely on matters of public
interest during legislative proceedings without fear of facing legal consequences for their statements.

b. Limitations of Parliamentary Immunity

While the privilege of speech and debate is considered nearly absolute, it is not without
limitations. A legislator can be held accountable by their colleagues within the Congress if they
breach certain rules or standards of behavior. The legislature can take action against a member for
"disorderly behavior," as long as it is done within the framework provided by the Constitution.

The case of Senator Santiago is cited as an example. Despite enjoying parliamentary immunity,
her use of offensive language and personal attacks against the judiciary prompted concerns and
disciplinary discussions. While no immediate action was taken, the Court noted that the use of
intemperate language denigrating a judicial institution is not in line with the purpose of the
immunity, which is meant to protect the institution rather than to shield legislators from personal
accountability.

CONFLICT OF INTEREST

New provision in the law aimed at promoting transparency and preventing conflicts of interest among
members of the Senate and the House of Representatives in the Philippines. Here's an explanation:

Provision for Financial and Business Interest Disclosure

New provision in the law, which requires all members of the Senate and the House of Representatives to
disclose their financial and business interests upon assuming office. This means that when they start their
terms as legislators, they must provide detailed information about their financial holdings, investments,
and business connections.

Preventing Conflicts of Interest

The purpose of this requirement is to prevent conflicts of interest among lawmakers. A conflict of interest
arises when a legislator's personal financial interests might be at odds with their duty to serve the public.
For example, if a legislator has investments in a particular industry and is also responsible for proposing
or voting on legislation that directly affects that industry, there is a potential conflict. This provision aims
to address such situations.

Disclosure of Potential Conflicts

Additionally, members of the Senate and the House of Representatives are obligated to inform their
respective chambers if they anticipate any potential conflict of interest that might arise from proposed
legislation they authored. This means that if they are involved in drafting a bill that could impact their
financial interests or business connections, they must make this known to their fellow lawmakers.

Promoting Accountability and Reducing Self-Aggrandizement

The overall goal of this provision is to promote accountability and transparency among lawmakers. By
requiring them to disclose their financial and business interests, it becomes more challenging for
legislators to use their positions for self-gain or to protect their personal interests. The provision also
helps build trust by ensuring that lawmakers are open about any potential conflicts they may have when
creating or voting on laws.

International Context
The passage briefly mentions that in some countries, legislators are required to divest themselves of
certain financial holdings to avoid conflicts of interest or the appearance of impropriety. This practice is
aimed at maintaining the integrity and objectivity of elected officials.

INCOMPATIBLE AND FORBIDDEN OFFICE

Section 13 of the Philippine Constitution, which addresses the issue of members of the Senate and the
House of Representatives holding other government offices or employment during their term in Congress.
Here's a breakdown of the key points:

Incompatible Offices
Section 13 prohibits Senators and Members of the House of Representatives from holding any other
government office or employment, or any position in government-owned or controlled corporations or
their subsidiaries, during their term in Congress. The purpose of this provision is to prevent conflicts of
interest and ensure the independence of the legislative branch of government.

Automatic Forfeiture of Seat

If a legislator takes on an incompatible office, they automatically forfeit their seat in Congress. This
means they don't need to be removed through a resolution; the act of accepting the other office results in
the loss of their legislative position.

Term and Tenure

The passage distinguishes between "term" and "tenure." "Term" refers to the period during which an
officer has a right to hold the office. "Tenure" refers to the actual period during which the incumbent
holds the office. The point is that a legislator loses their congressional seat if they accept an incompatible
office during the term for which they were elected.

Exceptions for Certain Offices

Not all government offices are considered incompatible with legislative positions. The Constitution itself
allows some exceptions. For example, membership in the Electoral Tribunals is permitted. If a second
office is directly related to legislative duties or extensions of the legislative position, it may not result in
the loss of the legislator's congressional seat.

Prohibition on Creating or Increasing Offices

Members of Congress are also prohibited from being appointed to any office that was created or had its
emoluments increased during their term. This rule aims to prevent legislators from manipulating the
creation or enhancement of lucrative positions to secure their future at the expense of public service.

Not Applicable to Elective Offices

This prohibition does not apply to elective offices, as these are filled through the electoral process by the
voters themselves. Legislators can run for re-election in their respective constituencies.

Term-Limited Prohibition
The restriction on accepting forbidden offices only applies during the term for which a legislator was
elected when the office was created or its emoluments were increased. After this term, or if the legislator
is re-elected, the disqualification no longer applies.
Section 13 of the Philippine Constitution is designed to prevent legislators from holding incompatible
government offices that might compromise their independence, create conflicts of interest, or potentially
allow them to benefit personally from their positions. It also guards against the manipulation of
government offices for personal gain during a legislator's term.

INHIBITIONS AND DISQUALIFICATIONS

The rules and provisions of Section 14 in the Philippine Constitution, which establishes disqualifications
and prohibitions for Senators and Members of the House of Representatives.
Here's an explanation of the key points:

1. Appearance as Counsel Prohibition

Section 14 bars Senators and Members of the House of Representatives from personally appearing as
counsel before any court of justice, Electoral Tribunals, or quasi-judicial and other administrative bodies.
This prohibition applies regardless of the court's rank, composition, or jurisdiction. The purpose of this
rule is to prevent undue influence on the judicial or administrative processes by legislators.

2. Exception for Personal Appearance

The disqualification for personal appearances does not prevent a legislator from practicing law in general.
They can still engage in the practice of law as long as they don't personally appear before the specified
bodies. Instead, another member of their law office can handle such cases.

Example: Where a legislator entered his appearance as counsel in an administrative dispute before the
Securities and Exchange Commission (SEC). He later tried to intervene in the same dispute as a
stockholder. The Supreme Court ruled against this, considering it an indirect attempt to circumvent the
constitutional prohibition.

4. Financial Interests in Contracts

Senators and Representatives are also prohibited from having any financial interest in contracts with the
government, its subdivisions, agencies, or instrumentality, including government-owned or controlled
corporations, during their term in office. The aim is to prevent potential abuses by legislators who could
influence such contracts to their advantage.

5. Contracts with Financial Interest

The prohibition on contracts with financial interest applies to situations where the legislator expects to
derive a profit from the contract at the government's expense. For example, it would apply to contracts for
public works or the sale of office equipment or supplies to the government.

6. Miscellaneous Prohibition
The passage concludes with an example where a legislator expedites the collection of a civil servant's
retirement check for a fee. The intention is to maintain integrity and prevent members of Congress from
taking advantage of their positions for personal gain.

Section 14 of the Philippine Constitution lays out various disqualifications and prohibitions aimed at
preserving the integrity of the legislative branch, preventing conflicts of interest, and avoiding undue
influence on legal or administrative proceedings. It restricts personal appearances as counsel, financial
interests in government contracts, and other actions that might benefit legislators personally at the
government's expense.
SESSIONS

The rules and provisions regarding legislative sessions in the Philippine Constitution.
Here's an explanation of the key points:

1. Regular Sessions
The Congress is required to convene once every year for its regular session on the fourth Monday of July.
This provision may be adjusted by law, but unless otherwise specified, this is the regular session start
date.

2. Duration of Regular Sessions

During a regular session, the Congress continues in session for a specific number of days as determined
by the legislators themselves. This includes working days but excludes Saturdays, Sundays, and legal
holidays. The emphasis is on legislative productivity.

3. Mandatory Recess
The Constitution mandates a recess period of thirty days before the opening of the next regular session.
This break is exclusive of Saturdays, Sundays, and legal holidays. Congress can decide to extend this
recess, but this minimum period of rest is mandatory.

4. Special Sessions
The President has the authority to call a special session of Congress at any time. The purpose of a special
session may vary, but it usually involves specific legislative matters or urgent issues that require
immediate attention.

5. Special Session Authority

There are instances where the President's call for a special session is not necessary. These include cases
where Congress meets for specific functions, such as canvassing presidential elections, calling a special
election when both the Presidency and Vice-Presidency are vacant, or exercising the power of
impeachment. The Congress's power during a regular session is broader, whereas a special session is
typically more focused on the President's designated topics.

The distinction between regular and special sessions is important. In a regular session, Congress has a
broader range of topics to address, subject only to limitations imposed by the Constitution. In a special
session, the topics under consideration are usually designated by the President, and Congress's legislative
focus is more restricted.

Overall, these provisions aim to regulate the legislative schedule and ensure the continuous functioning of
the Congress, both for regular annual sessions and special sessions called when necessary.

QUOROM

Quorum in legislative bodies and its implications, along with a specific case example:

1. Quorum in Legislative Bodies

A quorum in a legislative body refers to the minimum number of members required to conduct official
business, such as debating, voting, or passing legislation. It is the number of members sufficient to
transact business and can be less than the total membership. In the Philippines, the Constitution stipulates
that a majority of each House, meaning more than half of the members, is required to constitute a quorum
for both the Senate and the House of Representatives.

2. Quorum Requirements
The Constitution mandates that a quorum should be present to conduct legislative business, ensuring that
decisions and actions are taken with the participation of a substantial portion of the members. This is
important for the legitimacy and effectiveness of the legislative process.

These case examples underscore the importance of understanding and adhering to the quorum
requirements as specified in the Constitution and how they can influence legislative processes and
decisions.

Case Example - Avelino v. Cuenca:

The passage mentions a specific case, Avelino v. Cuenca, where the issue of quorum was brought to the
forefront. In this case, the Senate President adjourned a session and left with his supporters, leaving only
twelve members present. The question was whether twelve members constituted a quorum, as the
petitioner argued that it did not, while the Supreme Court eventually ruled that it did. The decision was
based on the fact that one senator was outside the country and not within the coercive jurisdiction of the
Senate. This case highlights the importance of understanding what constitutes a quorum and the particular
circumstances that may affect its determination.

Case Example - Datu Michael Abas Kida v. Senate of the Philippines:

Another case mentioned is Datu Michael Abas Kida v. Senate of the Philippines, where the Supreme
Court nullified a law that required a "supermajority vote" of two-thirds of all members of Congress for
amending or repealing it. The Court found this requirement to be constitutionally objectionable because it
exceeded what the Constitution demanded for the passage of laws. The Constitution requires a simple
majority for quorum and a majority vote for most legislative actions. The "supermajority" requirement
was seen as limiting the flexibility of future legislators and making the law difficult to amend or repeal.

DISCIPLINE OF MEMBERS

This passage highlights the authority of each house of Congress to establish its rules, maintain order
during legislative proceedings, and discipline its members for disorderly behavior. While specific
procedural matters are subject to judicial review, the interpretation of what constitutes disorderly behavior
is generally considered a political question and is determined by the Congress itself.

This passage also discusses the authority and limitations of each house of the Congress to determine its
own rules and discipline its members.

Let's break down the key points:

1. Rules of Proceedings
Each house of the Congress (the Senate and the House of Representatives) has the authority to establish
and interpret its own rules of proceedings. These rules are essential for ensuring that legislative sessions
are conducted in an orderly and efficient manner. The passage notes that unless these rules violate
fundamental or individual rights, they fall within the exclusive discretion of each house and are not
subject to judicial review.

2. Disciplinary Powers
The Congress has the authority to discipline its members for disorderly behavior. Disorderly behavior
refers to actions or conduct that disrupt the proceedings, undermine decorum, or violate the rules and
standards of conduct within the legislative body.

3. Suspension or Expulsion
With the concurrence of two-thirds of all its members, a house of Congress may suspend or expel a
member as a disciplinary measure. The passage specifies that any suspension imposed should not exceed
sixty days in duration.

4. Limitations on Disciplinary Powers

Article VI, Section 16(3) of the Constitution places specific limitations on the disciplinary powers of
Congress. These limitations include requiring a two-thirds majority vote for suspension or expulsion and
setting a maximum duration of sixty days for suspension. These limitations are important because they
restrict the extent to which disciplinary actions can be taken against members.

5. Justiciability
While procedural matters related to disciplinary actions, such as the voting requirements, are considered
justiciable and can be reviewed by the courts, the interpretation of the phrase "disorderly behavior" is
typically considered a political question. This means that the determination of what constitutes disorderly
behavior is a prerogative of the Congress and is generally not subject to judicial review.

6. Examples of Disorderly Behavior

Examples of actions that the legislature has deemed as disorderly behavior, including physical assault by
one member against another and delivering derogatory speeches that cannot be substantiated. In such
cases, disciplinary measures may be adopted, which can include expulsion, suspension, censure, fines, or
imprisonment.

JOURNALS

This portion highlights the significance of keeping journals and records of legislative proceedings,
ensuring transparency in the legislative process, and upholding the principle of separation of powers in a
parliamentary system. It also emphasizes the importance of the finality of enrolled bills in the legislative
process.

This importance of keeping journals and records of legislative proceedings in a parliamentary system.
Let's break down the key points:

1. Purpose of Journals and Records

Journals are records of what happens during legislative sessions, while records are verbatim transcripts of
proceedings. These records serve several purposes, including authenticating legislative proceedings,
interpreting laws through the study of debates, and informing the public about the official conduct of their
legislators.

2. Publication of Journals
The Constitution requires that each house of Congress keeps a journal of its proceedings and publishes it
from time to time. The publication is expected to be transparent and open to the public. However, parts
that may affect national security can be excluded from publication. This provision aligns with the right to
information on matters of public concern as guaranteed in the Constitution.

3. Enrolled Bills vs. Journals

In case of a conflict between the contents of an enrolled bill and the journal, the contents of the enrolled
bill take precedence, except for matters required to be entered in the journals. This principle is based on
the doctrine of separation of powers, which respects the authenticity of the legislative process.

4. Judicial Review of Journals

While procedural matters and voting requirements are justiciable and can be reviewed by the courts, the
interpretation of terms or phrases such as "disorderly behavior" within the journals is generally considered
a political question and is determined by the legislative body itself.

5. Enrolled Bill Definition

An enrolled bill is one that has been introduced, passed by both houses, signed by the appropriate
officers, approved by the executive (e.g., the president), and filed by the secretary of state. Once a bill
becomes an enrolled bill, its provisions are considered final and conclusive.

6. Examples of Judicial Restraint

The Supreme Court has consistently demonstrated judicial restraint when it comes to questioning the
legislative process. It has refused to investigate claims of irregularities during the enactment of bills,
emphasizing the principle of separation of powers and respecting the authenticity of the legislative
process.

7. Recording of Yeas and Nays

The Constitution requires that, upon the request of one-fifth of the members present, the yeas and nays on
any question must be entered in the Journal. This is a measure to ensure transparency and accountability
in legislative decision-making.

8. Recording of Other Important Votes

The Constitution also mandates the recording in the Journal of votes on various matters, including the
consideration of bills on third reading, objections of the President when vetoing a bill, reconsideration of
vetoed bills, and impeachment-related votes in the House of Representatives.

ADJOURNMENT

This provision emphasizes the importance of coordination and cooperation between the two legislative
bodies in a bicameral system. It restricts adjournments for more than three days and relocations to other
places unless there is mutual consent, with the goal of promoting effective collaboration in the legislative
process.

This provision outlines the rules regarding adjournment during the sessions of the Congress in a
bicameral system. Here's an explanation of the key points:

1. Adjournment Rules
Neither House of Congress is allowed to adjourn during its sessions for more than three days without
obtaining the consent of the other House. This rule is in place to ensure that there is constant contact,
consultation, and coordination between the two legislative chambers.

2. Coordination and Collaboration

In a bicameral system, where there are two separate legislative bodies (the Senate and the House of
Representatives), it is essential that they work together effectively. The requirement for mutual consent
before adjourning for more than three days is intended to encourage collaboration and coordination.

3. Location of Adjournment
The provision also states that neither House can adjourn to any other place than the one in which both
Houses are currently sitting without the consent of the other House. The "place" in this context refers not
to a physical building but to the political unit where the two Houses are conducting their sessions.

4. Location Flexibility
If both Houses are sitting in the same building within a particular city (e.g., the City of Manila), one of
them can move to a different building within the same city without requiring the consent of the other
House. This flexibility allows the two chambers to conduct their work effectively while ensuring that
significant relocations are agreed upon by both.

THE ELECTORAL TRIBUNAL

This passage discusses the jurisdiction and functions of the Electoral Tribunals in the Philippines,
particularly the House of Representatives Electoral Tribunal (HRET).

Here's a digest of the key points:

1. Jurisdiction of Electoral Tribunals

The Electoral Tribunals, such as the HRET, are responsible for judging all contests related to the election,
returns, and qualifications of their respective members of the House of Representatives and the Senate.
This means they handle disputes and challenges to the legitimacy of elected representatives.

2. Commencement of Jurisdiction
The jurisdiction of the Electoral Tribunals begins when a winning candidate has been proclaimed, taken
their oath, and assumed office. A winning candidate must be considered a "Member" of the House or
Senate by meeting these requirements. The assumption of office typically occurs at noon on June 30
following their election.

3. Oath and Assumption of Office

To be considered a Member, a winning candidate must not only be proclaimed but must also take a proper
oath. The proper oath should be taken before the Speaker of the House in an open session. This suggests
that the oath and assumption of office can only occur when Congress convenes on the fourth Monday of
July, unless a special session is called earlier.

4. Independence of Electoral Tribunals

The Electoral Tribunals are independent bodies, separate from the Commission on Elections
(COMELEC) and the legislative bodies. They are responsible for deciding election contests with
impartiality and detachment.

5. Quorum and "Open Session"

The requirement for "open session" when Members of the House of Representatives take their proper oath
raises questions about the formation of a quorum. The text suggests that this requirement may cause
practical challenges.

6. Role of Electoral Tribunals

The Electoral Tribunals' decisions are considered an exercise of judicial power and cannot be appealed to
the Supreme Court unless there is a clear showing of grave abuse of discretion. They are the final arbiters
for election disputes involving the House and Senate members.

7. Disqualification of Members
Members of the House of Representatives may be disqualified based on grounds such as citizenship, and
such disqualifications may be questioned before the HRET.
8. Party-List Election Qualifications
Qualifications and disqualifications of parties in party-list elections are handled by the COMELEC, not
the Electoral Tribunals.

THE COMMISION ON APPOINTMENTS

This passage is about the composition and functioning of the Commission on Appointments as defined in
the 1987 Constitution of the Philippines. The Commission on Appointments is a constitutional body that
plays a crucial role in the government structure, specifically in reviewing and approving appointments
made by the President.

Here's a breakdown of the key points mentioned:

1. Composition
The Commission on Appointments is composed of 12 Senators and 12 Members of the House of
Representatives. The President of the Senate serves as the ex-officio Chairman of the Commission. These
members are elected by each house on the basis of proportional representation from the various political
parties and party-list organizations represented in the Senate and House of Representatives.

2. Voting Procedure
The Chairman of the Commission (the President of the Senate) does not normally vote, except in case of a
tie. This ensures that the Chairman's vote does not unfairly influence the outcome.

3. Time Limit for Action

The Commission is required to act on all appointments submitted to it within thirty session days of the
Congress from the date of submission. This means that the Commission has a maximum of 30 session
days to approve or disapprove appointments.

4. Majority Decision
Decisions of the Commission are made by a majority vote of all the members. In other words,
appointments are either approved or rejected based on a majority decision among the members.

5. Ad Interim Appointments
Ad interim appointments not acted upon at the time of the adjournment of the Congress, even if the thirty-
day period has not yet expired, are considered by-passed. This means that if the Commission does not
make a decision on certain appointments before Congress adjourns, those appointments are not approved
or rejected but are simply left pending.

Legal case (Daza v. Singson) related to the composition of the Commission on Appointments. In this
case, the issue was whether a change in political affiliations and the registration of a new political party
(the Laban ng Demokratikong Filipino or LDP) had affected the representation of political parties in the
House of Representatives. The court ruled in favor of the respondent, stating that the registration of the
LDP with the Commission on Elections made it a legally recognized political party and a valid
representative in the Commission on Appointments.

Note: The Commission on Appointments should be inclusive of political parties that are registered,
regardless of their age or internal disagreements. This is important because the Commission on
Appointments plays a significant role in the system of checks and balances within the Philippine
government by reviewing and approving key government appointments.
ORGANIZATION

This passage explains the provisions related to the formation and functioning of the Electoral Tribunals
and the Commission on Appointments in the Philippines, primarily focusing on their organization and
why it's essential for the President's appointing powers.

This also covers the necessity of timely constitution of the Electoral Tribunals and the Commission on
Appointments in the Philippines, their functions, and the significance of ad interim appointments during
congressional recesses. These provisions are vital for the smooth functioning of the political system and
the execution of the President's appointing powers.

1. Reproduction from Commonwealth Constitution

The passage begins by mentioning that the provision regarding the organization of the Electoral Tribunals
and the Commission on Appointments is taken from the Commonwealth Constitution. These provisions
are important for the proper functioning of the political system and the President's appointing powers.

2. Timely Constitution of Electoral Tribunals and Commission on Appointments

According to the constitutional provision (Section 19), both the Electoral Tribunals and the Commission
on Appointments need to be constituted within thirty days after the Senate and the House of
Representatives are organized, including the election of the President and the Speaker. This prompt
organization is necessary to ensure that the President can exercise his appointing powers efficiently.

3. Function of the Commission on Appointments

The Commission on Appointments is responsible for confirming or rejecting appointments made by the
President. It can only meet when Congress is in session and convenes either at the call of its Chairman or
upon the request of a majority of its Members. Its role is crucial for the confirmation of presidential
appointments.

4. Ad Interim Appointments
The passage mentions that the Commission on Appointments meets during sessions of Congress, and this
is why the Constitution allows for ad interim appointments. Ad interim appointments are temporary
appointments made by the President during congressional recess. These appointments are subject to later
consideration by the Commission for confirmation or rejection. They remain effective until the
Commission disapproves them or until the next adjournment of the Congress, which refers to the end of
the regular or special session that follows the recess during which the appointments were made.

5. Requirement for Commission on Appointments Constitution

During a congressional session, the President must obtain the Commission on Appointments' clearance
before making appointments, highlighting the importance of constituting the Commission as soon as
possible. Until it is organized, the President cannot make significant appointments.

6. Function of Electoral Tribunals

In contrast to the Commission on Appointments, the Electoral Tribunals serve a different purpose. They
are tasked with resolving election-related disputes and are required to continue functioning even during
congressional recesses. Given the numerous election contests that can arise after election results are
announced, their early organization is crucial.