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ARTICLE VI
LEGISLATIVE DEPARTMENT
SECTION 26.
(1) Every bill passed by the Congress shall embrace only
one subject which shall be expressed in the title thereof.
a. What is the purpose of Sec. 26 (1)?
De Guzman v. COMELEC (G.R. No. 129118)
The objectives of Section 26(1), Article VI of the 1987
Constitution, that "[e]very bill passed by the Congress
shall embrace only one subject which shall be expressed
in the title thereof", are:
1. To prevent hodge-podge or log-rolling legislation;
2. To prevent surprise or fraud upon the legislature by
means of provisions in bills of which the titles gave no
information, and which might therefore be overlooked
and carelessly and unintentionally adopted; and
3. To fairly apprise the people, through such publication
of legislative proceedings as is usually made, of the
subjects of legislation that are being considered, in order
that they may have opportunity of being heard thereon
by petition or otherwise if they shall so desire.7
Section 26(1) of Article VI of the 1987 Constitution is
sufficiently complied with where, as in this case, the title
is comprehensive enough to embrace the general
objective it seeks to achieve, and if all the parts of the
statute are related and germane to the subject matter
embodied in the title or so long as the same are not
inconsistent with or foreign to the general subject and
title.8 Section 44 of RA 8189 is not isolated considering
that it is related and germane to the subject matter
stated in the title of the law. The title of RA 8189 is "The
Voter’s Registration Act of 1996" with a subject matter
enunciated in the explanatory note as "AN ACT
PROVIDING FOR A GENERAL REGISTRATION OF
VOTERS, ADOPTING A SYSTEM OF CONTINUING
REGISTRATION, PRESCRIBING THE PROCEDURES
THEREOF AND AUTHORIZING THE APPROPRIATION
OF FUNDS THEREFOR." Section 44, which provides for
the reassignment of election officers, is relevant to the
subject matter of registration as it seeks to ensure the
integrity of the registration process by providing a
guideline for the COMELEC to follow in the
reassignment of election officers. It is not an alien
provision but one which is related to the conduct and
procedure of continuing registration of voters. In this
regard, it bears stressing that the Constitution does not
require Congress to employ in the title of an enactment,
language of such precision as to mirror, fully index or
catalog, all the contents and the minute details therein.
b. What is hedge-podge or log-rolling legislation?
Refers to any legislation that has several subjects on
unrelated matters combined together.
● It is not necessary that the title express each
and every end that the statute wishes to
accomplish. The requirement is satisfied if all the
parts of the statute are related, and are germane
to the subject matter expressed in the title, or as
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long as they are not inconsistent with or foreign
to the general subject and title. 2
● An act having a single general subject, indicated
in the title, may contain any number of
provisions, no matter how diverse they may be,
so long as they are not inconsistent with or
foreign to the general subject, and may be
considered in furtherance of such subject by
providing for the method and means of carrying
out the general object." 3
● The rule also is that the constitutional
requirement as to the title of a bill should not be
so narrowly construed as to cripple or impede
the power of legislation. 4 It should be given
practical rather than technical construction.
The constitutional provision prohibits the passage
of two classes of bills:
1. A bill containing riders (Section 25.2) Read free for 60
days
2. A bill which embodies different subjects.
Exceptions to the requirement:
1. Local ordinances as they do not partake of the nature
of laws.
2. Proper codifications and revisions of statutes.
(2) No bill passed by either House shall become a law
unless it has passed three readings on separate days,
and printed copies thereof in its final form have been
distributed to its Members three days before its passage,
except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or
emergency. Upon the last reading of a bill, no amendment
thereto shall be allowed, and the vote thereon shall be
taken immediately thereafter, and the yeas and nays
entered in the Journal.
Purpose of three readings of bill:
1. To prevent hasty and improvident legislation and the
railroading of bills.
2. To compel the careful examination of proposed law.
Purpose of yeas and nays in the journal:
1. To fix upon each member the responsibility for his
action in legislation.
2. To furnish conclusive evidence whether the bill has
been passed by the requisite majority or not.
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Definition of terms:
BILL is a draft of a law submitted to the consideration of
a legislative body for its adoption.
Statute is the written will of legislature as an organized
body expressed according to the form necessary to
constitute it into law; act.
How are statutes identified:
1. Serial numbers (Republic Act No. 386)
2. Special titles (Civil Code of the Philippines)
3. Enactments by the Batasang Pambansa (Batasang
Pambansa BIg. 25)
LEGISLATIVE PROCESS - How A Bill Becomes A
Law
1. PREPARATION OF THE BILL
The Member or the Bill Drafting Division of the
Reference and Research Bureau prepares and drafts
the bill upon the Member's request.
2. FIRST READING
1. The bill is filed with the Bills and Index Service
and the same is numbered and reproduced.
2. Three days after its filing, the same is included
in the Order of Business for First Reading.
3. On First Reading, the Secretary General reads
the title and number of the bill. The Speaker
refers the bill to the appropriate Committee/s.
3. COMMITTEE CONSIDERATION/ACTION
1. The Committee where the bill was referred to
evaluates it to determine the necessity of
conducting public hearings.
If the Committee finds it necessary to conduct
public hearings, it schedules the time thereof,
issues public notics and invites resource
persons from the public and private sectors, the
academe and experts on the proposed
legislation.
If the Committee finds that no public hearing is
not needed, it schedules the bill for Committee
discussion/s.
2. Based on the result of the public hearings or
Committee discussions, the Committee may
introduce amendments, consolidate bills on the
same subject matter, or propose a subsitute bill.
It then prepares the corresponding committee
report.
3. The Committee approves the Committee Report
and formally transmits the same to the Plenary
Affairs Bureau.
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4. SECOND READING
A. The Committee Report is registered and
numbered by the Bills and Index Service. It is
included in the Order of Business and referred to
the Committee on Rules.
B. The Committee on Rules schedules the bill for
consideration on Second Reading.
C. On Second Reading, the Secretary General
reads the number, title and text of the bill and
the following takes place:
a. Period of Sponsorship and Debate
b. Period of Amendments
c. Voting which may be by:
i. viva voce
ii. count by tellers
iii. division of the House; or
iv. nominal voting
5. THIRD READING
1. The amendments, if any, are engrossed and
printed copies of the bill are reproduced for Third
Reading.
2. The engrossed bill is included in the Calendar of
Bills for Third Reading and copies of the same
are distributed to all the Members three days
before its Third Reading.
3. On Third Reading, the Secretary General reads
only the number and title of the bill.
4. A roll call or nominal voting is called and a
Member, if he desires, is given three minutes to
explain his vote. No amendment on the bill is
allowed at this stage.
a. The bill is approved by an affirmative
vote of a majority of the Members
present.
b. If the bill is disapproved, the same is
transmitted to the Archives.
6. TRANSMITTAL OF THE APPROVED BILL TO THE
SENATE
The approved bill is transmitted to the Senate for its
concurrence.
7. SENATE ACTION ON APPROVED BILL OF THE
HOUSE
The bill undergoes the same legislative process in the
Senate.
8. CONFERENCE COMMITTEE
1. A Conference Committee is constituted and is
composed of Members from each House of
Congress to settle, reconcile or thresh out
differences or disagreements on any provision of
the bill.
2. The conferees are not limited to reconciling the
differences in the bill but may introduce new
provisions germane to the subject matter or may
report out an entirely new bill on the subject.
3. The Conference Committee prepares a report to
be signed by all the conferees and the
Chairman.
4. The Conference Committee Report is submitted
for consideration/approval of both Houses. No
amendment is allowed.
9. TRANSMITTAL OF THE BILL TO THE PRESIDENT
Copies of the bill, signed by the Senate President and
the Speaker of the House of Representatives and
certified by both the Secretary of the Senate and the
Secretary General of the House, are transmitted to the
President.
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10. PRESIDENTIAL ACTION ON THE BILL Veto power of President:
1. If the bill is approved by the President, the same ● Every bill, in order to become a law, must be
is assigned an RA number and transmitted to presented to and signed by the President.
the House where it originated. ● If the President does not approve of the bill, he
2. If the bill is vetoed, the same, together with a shall veto the same and return it with his
message citing the reason for the veto, is objections to the House from which it originated.
transmitted to the House where the bill The House shall enter the objections in the
originated. Journal and proceed to reconsider it.
● The President must communicate his decision to
Certification by the Presidents veto within 30 days from the date of receipt
What are the effects? thereof. If he fails to do so, the bill shall become
● Printed Form a law as if he signed it.
● 3 Readings ● This rule eliminates the ‘pocket veto’ whereby
the President would simply refuse to act on the
- Urgent or emergency bill.
● To OVERRIDE the veto, at least 2/3 of ALL the
11. ACTION ON APPROVED BILL members of each House must agree to pass the
The bill is reproduced and copies are sent to the Official bill. In such a case, the veto is overridden and
Gazette Office for publication and distribution to the becomes a law without need of presidential
implementing agencies. It is then included in the annual approval.
compilation of Acts and Resolutions. ● The power of the president to veto is only
applicable to BILLS; hence, he may no
12. ACTION ON VETOED BILL longer veto a law by which he vetoed before
The message is included in the Order of Business. If the but was overridden by the Congress.
Congress decides to override the veto, the House and
the Senate shall proceed separately to reconsider the bill General Rule: the president must veto the entire bill.
or the vetoed items of the bill. If the bill or its vetoed Exceptions: Appropriation, revenue or tariff bill.
items is passed by a vote of two-thirds of the Members
of each House, such bill or items shall become a law. General Veto
● Veto of an entire bill.
● Veto
● Approve Item veto
● Sit-on-it (the lapse of 30 days) The President may veto particular items in an:
● Appropriations (allotment of budget or
NOTE: A joint resolution having the force and effect of a authorizes the government to withdraw funds
law goes through the same process. from the government)
● Revenue (tax)
SECTION 27. (1) Every bill passed by the Congress ● Tariff bill (customs)
shall, before it becomes a law, be presented to the This veto will not affect items to which he does not
President. If he approves the same, he shall sign it; object.
otherwise, he shall veto it and return the same with his
objections to the House where it originated, which shall Type of Bill Item
enter the objections at large in its Journal and proceed to
reconsider it. If, after such reconsideration, two-thirds of Revenue/Tax Bill Subject of the tax and the
all the Members of such House shall agree to pass the tax rate imposed thereon
bill, it shall be sent, together with the objections, to the
other House by which it shall likewise be reconsidered,
and if approved by two-thirds of all the Members of that Appropriations Bill Indivisible sum dedicated
House, it shall become a law. In all such cases, the to a stated purpose
votes of each House shall be determined by yeas or
nays, and the names of the Members voting for or
against shall be entered in its Journal. The President Appropriate Provision
shall communicate his veto of any bill to the House ● Items only.
where it originated within thirty days after the date of ● Related or attached to an item can also be
receipt thereof; otherwise, it shall become a law as if he vetoed by the President.
had signed it.
Inappropriate Provision
Pocket veto, the killing of legislation by a chief ● Unrelated or not germane to an item.
executive through a failure to act within a specified
De Lima Provision
period following the adjournment of the legislature. In the ● Incarceration of De Lima.
United States, if the president does not sign a bill within
10 days of its passage by Congress, it automatically
Resolution Bill
becomes law. However, if Congress adjourns within the
10-day period and the president does not sign the bill, it Cannot be a bill nor be a Only a bill can turn into a
is automatically vetoed, and the veto is absolute. The law. Even if it follows the law under the
latter action is referred to as a pocket veto. same rule on how a bill Constitution.
can become a law.
Cannot change the rule
of the bill without
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amending the
Constitution.
Publication
● Signed
● Vetoed or overridden
● 30 days
It must be published first to become a law in the Official
Gazette or newspaper of general circulation.
Veto of RIDER
● A rider is a provision which does not relate to a
particular appropriation stated in the bill.
● Since it is an invalid provision under Section
25(2), the President may veto it as an item.
Specific limitations on legislation
● No law shall be enacted increasing the Supreme
Court’s appellate jurisdiction without the SC’s
advice and concurrence.
● No law shall be enacted granting titles of royalty
or nobility
SECTION 24. All appropriation, revenue or tariff bills,
bills authorizing increase of the public debt, bills of local
application, and private bills shall originate exclusively in
the House of Representatives, but the Senate may
propose or concur with amendments.
● HB and SB must be germane.
SECTION 25.
(1) The Congress may not increase the appropriations
recommended by the President for the operation of the
Government as specified in the budget. The form,
content, and manner of preparation of the budget shall
be prescribed by law.
● They can, however, decrease it.
(2) No provision or enactment shall be embraced in the
general appropriations bill unless it relates specifically to
some particular appropriation therein. Any such
provision or enactment shall be limited in its operation to
the appropriation to which it relates.
(3) The procedure in approving appropriations for the
Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.
(4) A special appropriations bill shall specify the purpose
for which it is intended, and shall be supported by funds
actually available as certified by the National Treasurer,
or to be raised by a corresponding revenue proposed
therein.
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(5) No law shall be passed authorizing any transfer of
appropriations; however, the President, the President of
the Senate, the Speaker of the House of
Representatives, the Chief Justice of the Supreme
Court, and the heads of Constitutional Commissions
may, by law, be authorized to augment any item in the
general appropriations law for their respective offices
from savings in other items of their respective
appropriations.
Executive Legislative Judiciary
President Senate & House Chief of Justice
of
Representatives
● Cross-border transfer is not allowed.
● There must be an item for there to be an
augmentation (increase).
● Such branches can only transfer their savings
within their office.
**issue on the OVP’s confidential fund.
(6) Discretionary funds appropriated for particular
officials shall be disbursed only for public purposes to be
supported by appropriate vouchers and subject to such
guidelines as may be prescribed by law.
(7) If, by the end of any fiscal year, the Congress shall
have failed to pass the general appropriations bill for the
ensuing fiscal year, the general appropriations law for
the preceding fiscal year shall be deemed reenacted and
shall remain in force and effect until the general
appropriations bill is passed by the Congress.
SECTION 23.
(1) The Congress, by a vote of two-thirds of both Houses
in a joint session assembled, voting separately, shall
have the sole power to declare the existence of a state
of war.
(2) In times of war or other national emergency, the
Congress may, by law, authorize the President, for a
limited period and subject to such restrictions as it may
prescribe, to exercise powers necessary and proper to
carry out a declared national policy. Unless sooner
withdrawn by resolution of the Congress, such powers
shall cease upon the next adjournment thereof.
1. Who can declare a state of war? Who can declare a
state of emergency? Difference between the two?
(David v. Arroyo)
It may be pointed out that the second paragraph of the
above provision refers not only to war but also to "other
national emergencies." If the intention of the Framers of
our Constitution was to withhold from the President the
authority to declare a "state of national emergency"
pursuant to Section 18, Article VII (calling-out power)
and grant it to Congress (like the declaration of the
existence of a state of war), then the Framers could
have provided so. Clearly, they did not intend that
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Congress should first authorize the President before
he can declare a "state of national emergency." The
logical conclusion then is that President Arroyo
could validly declare the existence of a state of
national emergency even in the absence of a
Congressional enactment.
But the exercise of emergency powers, such as the
taking over of privately owned public utility or
business affected with public interest, is a different
matter. This requires a delegation from Congress.
Courts have often said that constitutional provisions in
pari materia are to be construed together. Otherwise
stated, different clauses, sections, and provisions of a
constitution which relate to the same subject matter will
be construed together and considered in the light of
each other.123 Considering that Section 17 of Article XII
and Section 23 of Article VI, previously quoted, relate to
national emergencies, they must be read together to
determine the limitation of the exercise of emergency
powers.
Generally, Congress is the repository of emergency
powers. This is evident in the tenor of Section 23 (2),
Article VI authorizing it to delegate such powers to the
President. Certainly, a body cannot delegate a power not
reposed upon it. However, knowing that during grave
emergencies, it may not be possible or practicable for
Congress to meet and exercise its powers, the Framers
of our Constitution deemed it wise to allow Congress to
grant emergency powers to the President, subject to
certain conditions, thus:
(1) There must be a war or other emergency.
(2) The delegation must be for a limited period only.
(3) The delegation must be subject to such
restrictions as the Congress may prescribe.
(4) The emergency powers must be exercised to
carry out a national policy declared by Congress.
Section 17. In times of national emergency, when the
public interest so requires, the State may, during the
emergency and under reasonable terms prescribed by it,
temporarily take over or direct the operation of any
privately-owned public utility or business affected with
public interest.
● must be understood as an aspect of the
emergency powers clause. The taking over of
private business affected with public interest is
just another facet of the emergency powers
generally reposed upon Congress. Thus, when
Section 17 states that the State may, during the
emergency and under reasonable terms
prescribed by it, temporarily take over or direct
the operation of any privately owned public utility
or business affected with public interest," it
refers to Congress, not the President. Now,
whether or not the President may exercise such
power is dependent on whether Congress
may delegate it to him pursuant to a law
prescribing the reasonable terms thereof.
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The order cannot properly be sustained as an
exercise of the President’s military power as
Commander-in-Chief of the Armed Forces. The
Government attempts to do so by citing a number of
cases upholding broad powers in military commanders
engaged in day-to-day fighting in a theater of war. Such
cases need not concern us here. Even though "theater
of war" is an expanding concept, we cannot with
faithfulness to our constitutional system hold that
the Commander-in-Chief of the Armed Forces has
the ultimate power as such to take possession of
private property in order to keep labor disputes from
stopping production. This is a job for the nation’s
lawmakers, not for its military authorities.
Nor can the seizure order be sustained because of
the several constitutional provisions that grant
executive power to the President. In the framework of
our Constitution, the President’s power to see that the
laws are faithfully executed refutes the idea that he is to
be a lawmaker. The Constitution limits his functions in
the lawmaking process to the recommending of laws he
thinks wise and the vetoing of laws he thinks bad. And
the Constitution is neither silent nor equivocal about who
shall make laws which the President is to execute. The
first section of the first article says that "All legislative
Powers herein granted shall be vested in a Congress of
the United States.
Vote requirement: (to declare the existence of a state
of war)
1. 2/3 of both Houses, in joint session
2. Voting separately
Emergency powers:
● During times of war or other national
emergency, Congress may, BY LAW, authorize
the President to exercise powers necessary and
proper to carry out a declared national policy.
Limitations:
○ Powers will be exercised for a limited period
only; and
○ Powers will be subject to restrictions prescribed
by Congress
Expiration of emergency powers
○ By resolution of Congress or
○ Upon the next adjournment of Congress
2. RA 11469
Republic Act 11469 was signed into law on 23 March
2020 (also known by its short title as the Bayanihan to
Heal as One Act) declaring a national health emergency
throughout the Philippines as a result of the COVID-19
situation. In it Congress authorizes the President to
exercise the necessary special powers, for a limited time
and subject to certain restrictions, to address a problem
that poses a clear and present danger to the people.
This Primer provides only a simplification of the key
provisions of the Act and is intended to encourage wider
and popular discussion of the social and political issues
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surrounding the Philippine response to the COVID-19
emergency. The reader is encouraged to examine RA
11469 in its entirety as well as other related laws,
especially the 1987 Constitution. The reader is also
encouraged to exercise vigilance and reason by being
better informed in the face of a health crisis emergency.
3. Republic Act No. 6826 December 20, 1989
AN ACT TO DECLARE, IN VIEW OF THE EXISTENCE
OF A NATIONAL EMERGENCY, A NATIONAL POLICY
IN CONNECTION THEREWITH AND TO AUTHORIZE
THE PRESIDENT OF THE REPUBLIC OF THE
PHILIPPINES FOR A LIMITED PERIOD AND SUBJECT
TO RESTRICTIONS, TO EXERCISE POWERS
NECESSARY AND PROPER TO CARRY OUT THE
DECLARED NATIONAL POLICY AND FOR OTHER
PURPOSES
Section 1. State of National Emergency. - On
December 1, 1989, a rebellion committed by certain
elements of the Armed Forces of the Philippines aided
and abetted by civilians gave rise to an emergency of
national proportions.
Communist rebels have taken advantage of the situation
by attacking Government personnel and installations.
The economy has suffered and continues to suffer a
serious setback, severely disrupting the momentum of
our economic recovery.
A state of national emergency is hereby declared.
Section 2. Declaration of Policy. - The mutiny and
rebellion by certain elements of the Armed Forces of the
Philippines launched to seize state power, destabilize
the duly constituted Government and supplant it with a
military government by means of force and violence and
other illegal means, has caused loss of lives and
destruction of property and has set back the economic
program of the Government. Due to and by reason
thereof, and in order to optimize the efforts of the
President to carry out the difficult task of economic
reconstruction, it is imperative to grant her emergency
powers subject to such limitations as hereinafter
provided.
Section 3. Authorized Powers. - Pursuant to Article VI,
Section 23 (2) of the Constitution, and to implement the
declared national policy, the President is hereby
authorized to issue such rules and regulations as may
be necessary to carry out any or all of the following
powers:
(1) To protect the people from hoarding, profiteering,
injurious speculations, manipulation of prices, product
deceptions, and cartels, monopolies or other
combinations in restraint of trade, or other pernicious
practices affecting the supply, distribution and movement
of food, clothing, medicine and medical supplies, office
and school supplies, fuel, fertilizers, chemicals, building
materials, implements, machinery equipment and spare
parts required in agriculture, industry and other essential
services, and other articles of prime necessity, whether
imported or locally produced or manufactured;
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(2) Towards the above ends, (a) to purchase any of the
articles or commodities hereinabove mentioned, for
storage, sale, or distribution for the relief of hunger and
want of the population, and/or to stabilize the prices of
such foodstuffs, articles and other commodities; (b) to fix
the maximum selling prices thereof; (c) to regulate the
fees charged by establishments in connection with the
production, processing, milling, storage and distribution
of such articles or commodities; (d) to seize and
confiscate hoarded foodstuffs and commodities:
Provided, That goods which are determined to have
been seized wrongfully shall be subject to the
subsequent determination and payment of just
compensation; and (e) to call upon and deputize
recognized nongovernment and people's organizations
and volunteers as well as local government units to
assist the Government to carry out these powers through
the monitoring or implementation of orders, rules and
regulations, as the case may be;
(3) To temporarily take over or direct the operation of
any privately-owned public utility or business affected
with public interest that violates the herein declared
national policy: Provided, however, That to the extent
feasible, management shall be retained, under the
direction and supervision of the President or her duly
designated representative who shall render a full
accounting to the President of the operations of the utility
or business taken over: Provided, further, That whenever
the President shall determine that the further use or
operation by the Government of any such public service
or enterprise is no longer necessary under existing
conditions, the same shall be restored to the person
entitled to the possession thereof;
(4) To liberalize the importation and/or grant incentives
for the manufacture, assembly, reconditioning, or
importation of needed vehicles or vessels, including the
necessary parts thereof, for public transportation to
relieve the transportation crises;
(5) To ensure the availability of credit to the productive
sectors of the economy especially in the countryside
through measures such as, but not limited to, lowering
the effective lending rates of interest and reserve
requirements of lending institutions;
(6) To stagger the working hours of, and adopt a flexible
working schedule for, employees and workers in
government, and whenever it becomes necessary, in the
private sector;
(7) To conserve and regulate the distribution and use of
power, fuels and energy and ensure adequate supply of
the same;
(8) Subject to the provisions of paragraph 5, Section 25,
Article VI of the Constitution, to decrease expenditures
of the Executive Department of the National Government
and government-owned or controlled corporations and
their subsidiaries through the suspension of services,
activities or operations which are of no immediate
necessity, and for this purpose the President shall order
that all departments, agencies and instrumentalities of
the government create a reserve fund equivalent to ten
percent (10%) of their respective appropriations, except
those pertaining to personnel services, construction and
repair of school buildings and hospitals: Provided,
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however, That in all cases, the security of tenure of civil
service employees shall be respected;
(9) To issue lawful orders for the recovery and
accounting of all firearms, explosives and military
equipage, including, but not limited to, those belonging
to the Armed Forces of the Philippines and the Philippine
Constabulary-Integrated National Police and licensed
firearms which have fallen into the possession of
unauthorized persons or entities, or are being used by
their holders for unlawful purposes, and pursuant
thereto, adopt such measures as are reasonably
necessary to take custody of such firearms, explosives
and equipage and/or otherwise accomplish the purposes
herein stated: Provided, That this authority can be
exercised only upon specific orders of the President or
her duly authorized representative;
(10) To ensure that military uniforms, equipment and
supplies of the Armed Forces of the Philippines and the
Philippine Constabulary-Integrated National Police are
possessed and used only by authorized officers and
members thereof pursuant to law; and
(11) To undertake such other measures as may be
reasonable and necessary to enable the President to
carry out the declared national policy subject to the Bill
of Rights and other constitutional guarantees.