LEGISLATIVE DEPARTMENT

Section 1. The Legislative power shall be vested in the Congress of the Philippines which
shall consist of a Senate and a House of Representatives, except to the extent reserved to the
people by the provision on initiative and referendum.
Legislative Power- is essentially the authority under the Constitution to make laws and subsequently
to alter, amend and repeal them.
BICAMERALISM
ADVANTAGES DISADVANTAGES
1. Senate is necessary to serve as 1) Has not worked out as an
check to hasty and ill-considered effective fiscalizing
legislative machinery
2. Training ground for future leaders 2) No assurance of better
considered and better
deliberated legislation
3. Representation for Regional and 3) Duplication of efforts
National interest
4. Check in impeachment process 4) Produces deadlock in the
enactment of important
measures
5. Provides means of securing 5) Encourages horse trading
national views on public between Houses
6. Less susceptible to bribery and 6) Expensive to maintain
control of executive and big
interest
7. Tested and proven 7) Prohibitive costs of
senatorial elections, only
wealthy can make it to the
Senate.

Nature, and scope of legislative- DPIG

1. Delegated and derived- the legislative power is delegated and derived from the original
legislative power that is possessed by the people in whom the sovereignty resides.
2. Plenary or General- the congress can use the legislative power on any subject matter subject
only to specific limitations of the Constitution. Expressly or impliedly embraces all subject for
general or common interest.
3. Implied powers included- delegated powers of our Congress are broader than the American
Congress.
4. Generally non-delegable- Congress cannot delegate its law making power however the
Constitution permits the Constitution to delegate legislative authority.

Classification of powers of Congress – GSII

1. General Legislative power- power to enact laws intended as rules of conduct to govern
the relations among individuals or between individuals and State.
2. Specific Power- powers which the Constitution expressly directs or authorizes Congress to
exercise
3. Implied Power- those essential or necessary to the effective exercise of the express
powers.
4. Inherent Power- powers which are possessed and can be exercised by every government.
Non-legislative functions of Congress - CEEJI
1. Constituent- power to propose amendments
2. Electoral- Senate elects its President and House of Representatives, its speaker.
3. Executive- through supervision over administrative officials and offices by granting them
generous appropriation or by granting them less which can destroy them.
4. Judicial- power to impeach the President, Vice-President, the members of the Supreme
Court, members of Constitutional Commission and the Ombudsman.
5. Investigative- has full power to investigate, to summon witnesses, and to compel the
production of books, records and correspondence. This can be for in aid of legislation and
to aid supervisory control over administrative agencies.
Principle of Separation of Powers
1. Presidential system- the fundamental power of the government is distributed to three
branches of the government.
2. Parliamentary System- there is fusion rather than separation between executive and
legislative organ. Prime Minister is elected by the Parliament without fixed term of office.
a. British parliamentary system- the monarch is not just a symbolic head of state.
b. French Presidential-parliamentary system- delegates wide ranging power to the
President as head of the state and places serious limitations on legislative power.
3. System under 1973 Constitution- the Philippine 1973 Constitution is patterned in after the
French system.
Principle of Checks and Balances
1. The separation of powers under our Constitution is not rigid and absolute but abstract and
general.
2. This system presupposes that there is a possibility of error and abuse in any department
of government.
Application of the principle
1. Checks by the President- may veto or disapprove bills enacted by Congress, he may
modify or set aside the judgements of court.

2. Checks by Congress- may override the veto of the President, reject certain
appointments of the President, and revoke the proclamation of martial law and suspension
of habeas corpus by the President. Amend or revoke decisions of the courts has the
power to apportion, prescribe the jurisdiction of various courts; prescribe the qualification
President, determine the salaries of Pres. and Vice Pres., members of the Supreme Court
and judges of lower courts. Impeach the Pres and members of the Supreme Court.

3. Checks by the judiciary- Supreme Court is the final arbiter, may declare legislative
measure and executive acts unconstitutional or invalid and determine whether or not there
has been grave abuse of discretion resulting to excess or lack of jurisdiction on part of any
government agencies.
Limitations on the power of Congress
1. Substantive- refers to subject matter of legislation and may be:
a. Implied limitations- do not arise from any specific provision of the Constitution
but are inferred from the nature and character of the government.
b. Specific limitations on general legislative powers- restrict the field legislation
in general and they are mainly in the Constitution.
c. Specific limitations on specific powers- scattered in different parts of the
Constitution. i.e taxation law must be uniform and equitable.
Prohibition against delegation of legislative powers.
“delegata potestas non potest delagari”- what has been delegated cannot be delegated.

Exception to the rule

1. Delegation to the President or to the people at large is expressly authorized by the
Constitution
2. Delegation is made to local governments
3. Delegation is made to administrative agencies.
Principle of subordinate legislation- refers to delegating the authority to promulgate rules and
regulations to implement a given legislation and effectuate its policies.
Prohibition against the enactment of irrepealable laws – the essence of legislative power is to
make laws as well as to alter and amend them. Injurious consequences to the country would result if
law assumes a permanent character.
Meaning of Registered voter and Residence
Registered Voter- one who has all the qualifications of a voter and none of the disqualifications and
who has registered himself in the list of votes.

Residence- domicile or permanent address, one has true permanent address whenever absent has
the intention of returning.

Rules on Apportionment of Legislative – this power is textually committed to Congress by the

Constitution.
Methods of creating Representative districts.
1. Creation of a Province or city with a population of atleast 250,000
2. Creation of several representative districts within a province/city by increasing the legislative
district.
Partylist and Sectoral Representation
1. Representation of particularly the disadvantaged groups
2. Election of Partylist representative- 20% of its total membership shall be elected from list of
registered national, regional and sectoral parties or organization.
3. Partylist must be a group of citizen, organized by citizen and operated by citizens. It must be
dependent of the government.
4. Appointment or election, selection of sectoral representatives are from labor, peasant, urban
poor, indigenous cultural communities, women, youth except Religious group.

Veterans Federation vs COMELEC (October 6, 2000) – Panganiban Formula

a. 20% allocation
b. 2% threshold guaranteed 1 seat
c. 3 seats limitation- 1 qualifying and 2 additional
d. Proportional representation- additional seat shall be computed in proportion to their total
number of votes.
Ruling: 20% is just a ceiling no need to fill up. The strict compliance to 2% requirement.
Additional seat initial step is by qualifying the group who garnered atleast 2% and they will be
ranked, the highest number will be the First party.
Then the additional seat for the First party shall be computed as Number of votes of first party
divide it to the total votes of partylist is equal to the proportion of votes of fist party. If the
proportion votes of first party is atleast 6% without rounding it off, then they are entitled to 2
additional seat.
But if the proportion number of votes is equal or more than 4% but less than 6% then there is
only 1 additional seat. If it is less than 4% the First party is not entitled to additional seat, only
the guaranteed seat. For other concerned party shall be computed as No. of votes of
concerned party divide it to the no. of votes of first party multiply it to no of seats allocated to
first party.
CIBAC vs Comelec

Banat vs Comelec
- The 2% threshold is Unconstitutional
- 20% is a ceiling
- 3 seat cap is valid
Political parties- allowed to participate in the partylist election through their sectoral wing.
Gerrymandering- creating or dividing congressional districts in a manner intended to favor a
particular party or candidate.
Memorize: Article VI Section 5, 6 and 7
Kinds of election- Regular and special (vacancy)
Salaries of members of Congress- immediate increase is not allowed, any increase can take effect
only after the expiration of the full term.
Freedom from arrest of members of Congress- section 11 provide for parliamentary immunities
from arrest of the members of Congress while in session.
Exception: if the offense made is punishable by more than 6 years imprisonment and if congress is
not in session.

Fiduciary position are prohibited

1. Appearance as counsel before any court of justice
2. Financial interest in any contract with the government]
3. Financial interest in any special privilege granted by the government
4. Intervention in certain matters
Sessions of Congress- Regular and Special Session
Officers of Congress- Senate President/Speaker of the House, other Officers
Meaning of Quorum- number of members of a body, when assembled will enable to transact its
business.
Majority- number greater than half or more than half of any total.
Legislative Journal- the official record of what is done and passed in a legislative assembly.
Record- verbatim transcript of all that was said and done during session.
Matters to be entered in the Journal- the yeas and nays of all the matters discussed in the
Congress.
Enrolled Bill- has been duly introduced, finally enacted by both House, signed by proper officer of
both House and transmitted to the President for his approval.
Electoral Tribunal in each House- composed of 9 members created in each House with exclusive
jurisdiction over all contests relating to the election returns and qualifications of their members.
Commission on Appointment- composed of 25 members, Senate President as ex officio chairman.
12 from Senate and 12 from HOR. Its power is to approve or disapprove appointments submitted to it
by the President. Refer to Art VI Section 16 for the lists.
Legislative Inquiry- Section 21 authorizes each House to conduct inquiries in aid of legislation.
Power of Congress to punish non-members for contempt- this is implied or incidental to the
exercise of legislative power.
Question Hour- appearance of Heads of Departments before either House for monitoring the
programs, activities, and the management of their respective Departments.
Power of oversight- post enactment measures to monitor compliance with program objectives. It can
be scrutiny, investigation and supervision.
Power to declare existence of state of war- by vote of two thirds of both houses shall have the
power to declare state of war.
War- armed hostile conflict between 2 or more States.
Delegation of emergency powers- during grave emergencies, that Congress cannot meet and
exercise its power. Only in times of war, only during a limited period, subject to such restriction, to
carry out national policy, shall automatically cease.
Appropriation Bill- authorize the release of public funds from the treasury.
Appropriation- authorization made by law directing payment out of government funds under
specified conditions.

Kinds of Appropriation-GSSC
1. General- annual expenses for operation of government
2. Special- supplement the general appropriation
3. Specific- payment to particular expenses
4. Continuing- to be always available from year to year
Meaning of other bills- RTBBP
1. Revenue- purpose is to raise revenue
2. Tariff- imposing custom duties
3. Bill authorizing increase of public debt
4. Bill of local application- purely local or municipal concerns
5. Private Bill- affecting private interest
Budget- financial program of the national government for a designated calendar year.
Rider- provision inserted in the general appropriation bill which does not relate therein.
Prohibition against enactment of law authorizing transfer of funds- funds appropriated for one
office is not allowed to cross over to another office.
Augmentation of any item from savings in other items is allowed.

Memorize: Article VI Section 26

Hodge-podge or log-rolling- containing several subjects on unrelated matters.

Steps in the passage of a bill
1. First reading
2. Referral to appropriate committee
3. Second Reading
4. Debates
5. Printing and Distributions
6. Third Reading
7. Referral to other House
8. Submission to joint bicameral committee
9. Submission of consolidated bill to both houses
10. Submission to the President

Bill- draft of a law submitted to the consideration of a legislative body.

Statute- written will of the legislature as an organized body it often referred as “act”
Publication of Laws- 15 days following the completion of its publication in the Official Gazette a law
will take effect
Parts of LAW- TPEBE
1. Title
2. Preamble
3. Enacting clause
4. Body
5. Effectivity clause
When bill become a law.
1. Approves by the President or
2. When he vetoes it, override by 2/3 of all members of both Houses, voting separately
3. Inaction of President within 30 days after the date of receipt thereof.
Veto power of President- Veto is a Latin term means “I forbid”.
Pocket Veto- President does not have this power of disapproval of a bill by inaction.
Resolution- formal expression of opinion or will of lawmaking body. Not requiring approval of
President.
Taxation- the rule of taxation shall be uniform and equitable.
Uniformity in taxation- means that all taxable article of the same class shall be taxed at the same
rate.
Delegation of taxing power to fix tariff rates- Congress is authorized to delegate to the President
specific legislative power to fix tariffs.
Exemption of properties from property tax- a leased property who uses it “actually and exclusively
for religious, charitable or educational purposes is exempted to property tax but the owner is subject
to income tax.
Initiative- reserved power of the people to directly propose and enact laws.
Referendum- process by which any act or law or part thereof passed by Congress is submitted to the
people for their approval.

HOR SENATE PRES/VICE SUPREME

COURT/lower
court
Composition 250 members 24 members and 1 President 1 Chief Justice
and maybe numbers can be 1 Vice Pres. 14 Associate
increased thru changed thru Justice
reapportionment Constitutional
. amendment
20 percent shall
be Party list
Representative
Qualifications -natural born -natural born -natural born -natural born
citizen of the PH citizen of PH citizen of PH citizen of PH

-atleast 25 yrs. -atleast 35 yrs. -atleast 40 yrs. -atleast 40 yrs.

Old Old Old Old

-able to read -able to read -able to read -must have 15

and write and write and write yrs. or more
been a judge of
-registered voter -registered voter -registered voter lower court or
of the District in engaged in the
which he -resident of PH -resident of PH practice of law.
represent for not less than for atleast 10
(except Party 2 yrs. yrs. -must be a
list) person of proven
Competence,
-resident of Integrity, Probity,
district for a and
period of not Independence
less than 1 year

Term of Office -shall be elected -shall be 6 yrs. - shall be 6 yrs. -shall hold office
for a term of 3 during good
years -shall serve for -shall serve for behavior
not more than 2 not more than 2
-shall serve for consecutive consecutive -until they reach
no more than 3 terms. terms. the age of 70 or
consecutive become
terms. incapacitated
Election or Elected in their Elected at large Elected at large Appointed by the
thru District (District President from a
appointment Rep) list of atleast 3
nominees
Party list prepared by JBC
Representative for every
at large vacancy
EXECUTIVE DEPARTMENT