LEGISLATIVE DEPARTMENT

Article VI, 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.

UNICAMERALISM
 Congress under the 1935 and 1973 Constitutions
 Legislature with only one house
 Advantages:
o Simplicity of organization
o Economy and efficiency
o Avoidance of duplication
o Strengthening of the legislature in relation of the executive
o Training ground for national leaders

BICAMERALISM
 Congress in the 1987 Constitution
 Legislature with two houses (Senate, House of Representatives)
 Advantages:
o Check and balance between the national perspective (senate) and the parochial interests (house of
representatives)
o Allows for more careful study of legislation
o Less vulnerable to attempts at control by executive

NATURE OF LEGISLATIVE POWER

 Power to make, alter and repeal laws
 Derivative and delegated power
o People reposed in the Legislature the power through the Constitution
 Plenary in scope
o Because the scope is not enumerated, any power deemed to be legislative by usage and tradition is necessarily
possessed by Congress, unless lodged elsewhere
 Substantive Limitations: circumscribe both the exercise of the power itself and the allowable subjects of legislation
o Non-delegable
o Congress cannot pass irrepealable laws (would constitute an indirect amendment of the Constitution which vests
the power to make, amend and repeal laws to Congress)
o Bill of Rights
o Constitution
 Procedural Limitations: prescribe the manner of passing bills and the form they should take

HOLDERS OF LEGISLATIVE POWER

 Legislature: plenary but not exclusive hold over legislative power
 People: initiative and referendum reserved for them
o A6 P32/ordinary legislative power and not A17/constituent power
o Operationalization left to the Congress
o Not plenary in scope, subject under the exceptions Congress may impose
 President: extraordinary legislative power
o When there is no legislature
o When there are emergencies
 Because the Commander-in-Chief and the Emergency Power are too cumbersome to be effective and
efficient
o No procedural limitations like in the Congress
o Can repeal statutes enacted by Congress

THE SENATE

(1) COMPOSITION

Article VI, Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters
of the Philippines, as may be provided by law.

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  24 senators: Amendment
 Elected by large by the entire electorate: amendment
o makes the Senate a training ground for national leaders and possibly a springboard to the Presidency
o The senator having a national rather than only a district constituency gives them a broader outlook of the
problems of the country
o The senate is likely to be more circumspect and broad-minded than the House of Representatives
 Manner of election (at large of the 24 senators): Statute

(2) QUALIFICATIONS

Article VI, Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the day of the
election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less
than two years immediately preceding the day of the election.

1. CITIZENSHIP REQUIREMENT: NATURAL BORN

Article IV, Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform
any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph
(3), Section 1 hereof shall be deemed natural born citizens.

2. AGE REQUIREMENT: AT LEAST THIRTY-FIVE

Must be possessed on the day of the elections, when the polls are opened and the votes are cast; not on the day of the
proclamation of the winners by the board of canvassers

3. REGISTERED VOTER REQUIREMENT

He can be registered anywhere in the country because a Senator is a national officer

4. LITERACY REQUIREMENT
Able to read and write

5. RESIDENCY REQUIREMENT: NOT LESS THAN 2 YEARS

Residence used to mean domicile
 the place where one habitually resides and to which, when he is absent, he has the intention of returning
 acquisition of a new residence results in the forfeiture of the old; however, an intention to abandon his old residence
cannot legally be inferred from his act in establishing a home elsewhere or otherwise conducting his activities therein,
absences of a clear showing that he has decided to adopt a new residence
 for example: a legislator who built a house and established a law practice in Manila but occasionally visited his
relatives and his properties in his home province was deemed not to have forfeited his legal residence in Manila

Three rules in domicile:

a. A man must have a residence or domicile
b. Once established it remains until a new one is acquired
c. A man can have but one residence at a time

According to Poe-Llamanzares v. Comelec, there are three requisites to acquire a new domicile:
a. Residence in a new locality – voluntary
b. Intention to remain there – for an indefinite period of time
c. Intention to abandon the old domicile – must be actual

Residence vs. Citizenship

In citizenship, senators and members of the house of representatives must be natural-born citizens not only at the time of their
election but during their entire tenure.

(3) TERM

Article VI, Section 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by
law, at noon on the thirtieth day of June next following their election. No Senator shall serve for more than two consecutive
terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of
his service for the full term of which he was elected.

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Article XVIII, Section 2. The Senators, Members of the House of Representatives, and the local officials first elected under this
Constitution shall serve until noon of June 30, 1992. Of the Senators elected in the elections in 1992, the first twelve obtaining
the highest number of votes shall serve for six years and the remaining twelve for three years.

STAGGERING OF TERMS
 Senators elected in 1987: served only 5 years
 Senators elected in 1992: top twelve served for 6 years until 1998 bottom twelve served for 3 years until 1995
 Senators elected in 1995: all twelve served for 6 years until 2001
 Senators elected in 1998: all twelve served for 6 years until 2004
o The scheme created the bracketing of the elections of the senators
o Means that there will be elections for 12 senators every 3 years
o Done so that the senate shall not at any time be completely dissolved; ½ is retained while the other ½ is
replaced or reelected every 3 years

It is for this reason that the Senate has been described as a "continuing" institution, "as it is not dissolved as an entity with each
national election or change in the composition of its members.

CONTINUITY OF THE LIFE OF THE SENATE

 Intended to encourage the maintenance of Senate policies
 Intended to guarantee that there will be experienced members who can help and train newcomers in the discharge of
their functions

TWO CONSECUTIVE TERM LIMIT

 So, they will not entrench themselves in power or dissuade the creation of political dynasties

* Election: Every 3 years

Term limit: can run again after 3 years from 2nd term
* Term: Period of time allotted to the office by law
Tenure: period during which the official actually holds office

HOUSE OF REPRESENTATIVES

(1) COMPOSTITION

Article VI, Section 5. The House of Representatives shall be composed of not more than two hundred and fifty members, unless
otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the
Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and
progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional,
and sectoral parties or organizations.

(2) The party-list representatives shall constitute twenty per cent of the total number of representatives including those under
the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-
list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous
cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector.

(3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with
a population of at least two hundred fifty thousand, or each province, shall have at least one representative.

Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based
on the standards provided in this section.

A. DISTRICT REPRESENTATIVES
 Elected directly from the territorial unit he is seeking to represent
 Originally 200 members based on the initial apportionment of the legislative districts, as can be found on the Ordinance
attached to the Constitution

RE/APPORTIONMENT
 Change in legislative districts brought by changes in population and mandated by the constitutional requirement of
equality of representation
 It aims to equalize population and voting power among districts

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  Way to increase the number of members of the house of representatives
 Can either be through:
i. Creation of new legislative districts
ii. Creation of new cities (250,000 population = 1 representative)
iii. Creation of new provinces (1 province = 1 representative)
iv. Compliance with census
 Justiciable issue
 Can only be done by Congress (and not by the ARMM, local legislatures or COMELEC)
 Focuses more on statute-created inequality than factual inequality; jurisprudence does not have an answer yet when
there is a factual inequality, and the Congress refuses to remedy the situation
 Legislative districts ≠ political subdivisions (cities, provinces)

LEGISLATIVE DISTRICTS
1. Must be in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive
ratio
2. Must be compact (solid), contiguous (in physical contact with each other), and adjacent (close by or near)
3. Must be with 250,000 population for cities, must have 1 representative for every province (no matter the population)
4. Within 3 years from the return of a census, Congress must make a reapportionment in accordance with the same
 Census cannot be compelled by Congress
 Census is not necessary to create legislative districts

Note: The 250,000 minimum population requirements for the establishment of legislative districts applies only to cities and not to
provinces. Moreover, this population requirement does not apply even to the creation of additional legislative districts for cities
or provinces. Hence, it is not necessary for either a city or a province to have an additional 250,000 to establish an additional
legislative district.

GERRYMANDERING
It is the creation of representative districts out of separate portions of territory in order to favor a candidate. This is prohibited
under the Constitution because each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent
territory.

 Creation of representative districts out of separate portions of territory in order to favor a candidate
 This is done through the inclusion of those areas where they expect to win
 An apportionment of representative districts to give an unfair advantage to the party in power

B. PARTY-LIST REPRESENTATIVES
 Chosen indirectly, through the party he represents, which is the one voted for by the electorate
 Constitutes 20% of the total membership of the House of Representatives
 Seeks to avoid the dilemma of choice of sectors and who constitute the members of the sectors; can be national,
regional, and sectoral parties or organizations
 It will enable Filipino citizens belonging to the marginalized and underrepresented sectors to become members of the
House of Representatives
i. National parties
 do not need to represent any marginalized and underrepresented sector
ii. Political parties
 can participate in party-list elections provided they register under the party-list system
iii. Sectoral parties
 May either be marginalized and underrepresented (labor, peasant, fisherfolk, urban poor,
indigenous cultural communities, handicapped, veterans, ofw's) or lacking in well-defined
political constituencies (professionals, elderly, women, youth)
 Principal advocacy pertains to the special interests and concerns of their sectors
 They must either belong to their respective sectors or must have a track record of advocacy for
their respective sectors; bona-fide members of such parties
 No reserved seats for sectors; sectors must battle it out with other parties or organizations

RA 7941
Rules for the selection of the party-list representatives

Note: Every voter is entitled to two votes, (1) candidate for member of the house of representatives in his legislative district, (2)
party, organization, coalition he wants represented in the house of representatives.

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The participants in the party-list system shall be ranked according to the number of votes they received, with those getting 2% of
the total votes cast is entitled to one seat each, none shall have more than 3 seats.

Four parameters in a Philippine-style party-list system

1. Twenty percent (20%) of the total number of the membership of the House of Representatives is the maximum number
of seats available to party-list organizations; one party-list seat for every four existing legislative districts.
2. Garnering two percent (2%) of the total votes cast in the party-list elections guarantees a party-list organization one
seat.
3. The remaining seats after allocation of the guaranteed seats, shall be distributed to the party-list organizations including
those that received less than two percent (2%) of the total votes.
4. The three-seat cap is constitutional. The three-seat cap is intended by the legislature to prevent any party from
dominating the party-list system.

PROPORTIONAL REPRESENTATION

(2) QUALIFICATIONS

Article VI, Section 6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the
Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the party-list
representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than
one year immediately preceding the day of the election.

A. CITIZENSHIP REQUIREMENT: NATURAL BORN

Article IV, Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform
any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3),
Section 1 hereof shall be deemed natural-born citizens.
 Natural born can either be
o Those who need not do anything
 Those who elected Philippine citizenship through
o A4 S1 P3: Filipina mother, election at 18
o Repatriation

B. AGE REQUIREMENT: AT LEAST 25

C. LITERACY REQUIREMENT
Able to read and write

D. REGISTERED VOTER REQUIREMENT

 D: District where he is running
 S: Of any district
 P: Of any district

E. RESIDENCY REQUIREMENT: AT LEAST 1 YEAR

 D: District where he is running
 S: In the Philippines
 P: In the Philippines

RESIDENCE
 synonymous to domicile
 to ensure familiarity with the conditions and problems of the constituency sought to be represented

DOMICILE
 The place where one habitually resides and to which, when he is absent, he has the intention of returning
 Acquisition of a new residence results in the forfeiture of the old; however, an intention to abandon his old residence
cannot be legally be inferred from his act in establishing a home elsewhere or otherwise conducting his activities
therein, absences of a clear showing that he has decided to adopt a new residence
 To ensure familiarity with the conditions and problems of the constituency sought to be represented and consequent
efficiency and concern in the discharge of the legislative duties on its behalf
 May be lost and reestablished

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  Registration as voter elsewhere does not show intent to change domicile

REQUISITES OF ACQUIRING DOMICILE BY CHOICE

1. Residence or bodily presence in the new locality
2. An intention to remain there
3. An intention to abandon the old domicile
 Animus revertendi: intention to return
 Animus manendi: intention to stay

PARTY-LIST REPRESENTATIVE
 Must also be a bona-fide member of the party he seeks to represent at least 90 days before election day

RIGHT OF SUFFRAGE
It may be exercised by all citizens of the Philippines, who are at least 18 years of age, have resided in the Philippines for at least
one year, and in the place, they propose to vote for at least six months.

DISQUALIFIED IN EXERCISING THE RIGHT OF SUFFRAGE

a. Any person who has been sentenced by final judgement to suffer imprisonment for not less than 1 year

(3) TERM

Article VI, Section 7. The Members of the House of Representatives shall be elected for a term of three years which shall begin,
unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Member of the House of
Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time
shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.
 To synchronize elections with Senators (every 3 years), the President and the Vice-President (every 6 years)
 Change in term: amendment
 Change in start of term: statute

* Election: every 3 years

Term limit: can run again after 3 years from 3rd term
* Term: period of time allotted to the office by law
Tenure: period during which the official actually holds office

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ELECTION & REPLACEMENT

Article VI, Section 8. Unless otherwise provided by law, the regular election of the Senators and the Members of the House of
Representatives shall be held on the second Monday of May.

Section 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such
vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve
only for the unexpired term.

Pursuant to Section 2 of Republic Act No. 7166, there shall be an election for President, Vice-President, twenty-four (24)
Senators, all elective Members of the House of Representatives, and all elective provincial, city and municipal officials on the
second Monday of May. The President and Vice-President shall be elected on the same day every six (6) years; while the
Senators, elective Members of the House of Representatives and all elective provincial, city and municipal officials shall be
elected on the same day every three (3) years, except that with respect to Senators, only twelve (12) shall be elected.
Elections for officials in the Autonomous Region in Muslim Mindanao (ARMM) are synchronized with the national and local
elections and are thus held on the second Monday of May [Republic Act No. 10153]

As for barangay and sangguniang kabataan elections, the same should have been conducted on the second Monday of May 2020.
However, pursuant to Republic Act No. 11462, the date was moved to 05 December 2022. Subsequent synchronized barangay
and sangguniang kabataan elections shall be held on the first Monday of December 2025 and every three (3) years thereafter.

REGULAR ELECTIONS
Participated in by those who possess the right of suffrage and not otherwise disqualified by law and who are registered voters.
For this reason, the election for Sangguniang Kabataan is NOT a regular because the voters therein comprise of the youth aged 15
to 21 years of age, some of whom are ineligible to vote in national and local elections

General: 2nd Monday of May

Exception: otherwise provided by law

SPECIAL ELECTIONS
Held where there is a failure of election on the scheduled date of a regular election in a particular place. It can also refer to one
conducted to fill up certain vacancies, as provided by law.

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  Called on in the manner prescribed by law
 Calling is not mandatory
 Replacement only to continue remaining years of the term
 Counted as 1 term of the replacement

Such special election shall however not be necessary if the vacancy pertained to a seat occupied by a party-list representative, in
which case, the same would be filled by the next representative from the list of nominees in the order submitted to the Comelec.

SALARIES

Article VI, Section 10. The salaries of Senators and Members of the House of Representatives shall be determined by law. No
increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the
House of Representatives approving such increase.

RATIONALE: Bar from yielding to natural temptation to increase their salaries. With the length of time that has to elapse, there
is a deterrent factor to any such measure unless the need for it is clearly felt
 It seeks to avoid the recurrence of the abuses committed by the members of the old Congress in allotting themselves
fabulous allowances (Article VI, Section 20)
 Checked by Article VI, Section 20 requiring that records and books of accounts of Congress shall be preserved and be
open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall
publish annually an itemized list of amounts paid to and expenses incurred for each member

CHANGE IN SALARIES
Increase of salaries: only to take effect after term of those who approved of the same
 Decrease of salaries: no prohibition
 Receipt of allowances: no prohibition; may be voted on into law

Salaries: full term prohibition

 Allowances/benefits: no prohibition (only moral)

EXPIRATION OF THE FULL TERM OF ALL THE MEMBERS

 Pertains to the full term of both the Senate and the House
 In short, the lapse is 6 years, the term of the Senators

PARLIAMENTARY IMMUNITIES

Article VI, Section 11. A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than
six years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be held
liable in any other place for any speech or debate in the Congress or in any committee thereof.

1. IMMUNITY FROM ARREST

 Pertains to physical restraint
 Ensure representation of the constituents of the member of Congress by preventing attempts to keep him from attending
its sessions
 Covers both civil and criminal cases punishable by not more than 6 years imprisonment (prision correccional)
 Does not include immunity from searches and seizures
 “Session” means the entire duration from convening to adjournment, whether or not the legislator is attending it

2. PRIVILEGE SPEECH
 Pertains to intellectual restraint
 Enables the legislator to express views bearing upon public interest without fear of accountability outside the halls of
the legislature for his inability to support his statements with the usual evidence required in the court of justice
 Applies as long as act was in the performance of public function:
o Regardless of whether in session or not
o Regardless of where it was delivered
 Immunity applies only to civil courts; may still be punished within Congress itself

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 LEGISLATIVE ACTION : refers to the deliberative and communicative process by which members participate in
committee and House proceedings in the consideration of proposed legislation or of other matters that the Constitution
places within the jurisdiction of the legislature

CONFLICT OF INTEREST

Article VI, Section 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a
full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest
that may arise from the filing of a proposed legislation of which they are authors.

Pertains to:
 Full disclosure of their financial and business interests
 Notify when there is a potential conflict of interest from a proposed legislation

RATIONALE: Potential for self-aggrandizement will be reduced

 Does not prevent said legislator from participating in legislation
 Will only allow other legislators to keep a close eye on said legislator

INCOMPATIBLE AND FORBIDDEN OFFICES

Article VI, Section 13. No Senator or Member of the House of Representatives may hold
any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including
government--‐owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he
be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was
elected.

INCOMPATIBLE OFFICES
 Refers to the first sentence of the article
 The other office may either be appointive or elective

RATIONALE: Prevent him from owing loyalty to another branch of the government, to the detriment of the independence of the
legislature and the doctrine of separation of powers
 Not absolute: refers only to the simultaneous holding of that office and the seat in Congress, and will only cause
forfeiture
 Holding of another office = forfeiture of seat in Congress
o Automatic upon holding of the incompatible office
o No resolution is necessary

EXCEPTIONS:
 Electoral Tribunals
 Second office is shown to be an extension of the legislative position or is in aid of legislative duties Membership in the
UP Board of Regents
 Becoming treaty negotiators

FORBIDDEN OFFICES
 Refers to the second sentence of the article
 The other office is only appointive

RATIONALE: to prevent the trafficking in public office

 Not allowed only during the term for which he was elected, when such office was created, or its emoluments were
increased

INHIBITIONS AND DISQUALIFICATIONS

Article VI, Section 14. No Senator or Member of the House of Representatives may personally appear as counsel before any
court of justice or before the Electoral Tribunals, or quasi--‐judicial and other administrative bodies. Neither shall he, directly or
indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or
any subdivision, agency, or instrumentality thereof, including any government--‐ owned or controlled corporation, or its
subsidiary, during his term of office. He shall not intervene in any matter before any office of the Government for his pecuniary
benefit or where he may be called upon to act on account of his office.

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PERSONALLY APPEAR AS COUNSEL
 Barred from all courts of justice, including HR/SET, courts martial, SEC, etc
 RATIONALE: prevent legislator from exerting undue influence, deliberately or not, upon the body where he is
appearing; appearance is enough, considering the powers available to the legislator which he can exercise to reward or
punish a judge deciding his case
 Lawyer-legislator may still practice his profession, only in way that do not necessitate him to appear before the courts
(someone else can do it for him)
 Applies only to the lawyer-legislator, not his law firm

BE INTERESTED FINANCIALLY IN ANY CONTRACT WITH THE GOVERNMENT

 RATIONALE: this is because of the influence that the legislator can easily exercise in obtaining these concessions
 Businessman-legislator can still enter into transactions with the government, as long as they do not involve financial
interests or those from which the legislator expects to derive some profit at the expense of the government

NOT INTERVENE IN ANY MATTER

SESSIONS

Article VI, Section 15. The Congress shall convene once every year on the fourth Monday of July for its regular session, unless
a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty days
before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a
special session at any time.

REGULAR SESSIONS
General : 4th Monday of July
Exception : unless there is a date fixed by law
 Must adjourn 30 days before opening of next regular session

SPECIAL SESSIONS
General : called on by the President
Exception : Congress convenes itself
 Canvassing of presidential elections
 Calling a special election when both Presidency and Vice-Presidency are vacated
 Exercising power of impeachment

Note: A regular session can last until thirty days before the opening of its next regular session in the succeeding year. The
President may, however, call special sessions which are usually held between regular sessions to handle emergencies or urgent
matters.

ADJOURNMENT

Article VI, Section 16 (5). Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for
more than three days, nor to any other place than that in which the two Houses shall be sitting.

 Day-to-Day
 Sine Die
The conclusion of a meeting by a deliberative assembly, such as a legislature or organizational board, without setting a
day to reconvene. Means “without assigning a day for a further meeting or hearing”. To adjourn an assembly sine die is
to adjourn it for an indefinite period. A legislative body adjourns sine die when it adjourns without appointing a day on
which to appear or assemble again.

 Final Adjournment
 Adjournment for more than three days
 As there is a need for constant contact and consultation between the two bodies, it is necessary that there be prior
agreement before either of them decides to adjourn for more than 3 days.

 Adjournment in other places

One house should not adjourn to a place other than where both chambers are sitting, without the consent of the other. In
this connection, place as here used refers not to the building but to the political unit where the two houses may be
sitting.

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 If for example, both houses are sitting in the same building in the city of manila, either of them may sit in another
building in the same city without getting the consent of the other.

OFFICERS

Article VI, Section 16 (1). The Senate shall elect its President and the House of Representatives, its Speaker, by a majority vote
of all its respective Members. Each House shall choose such other officers as it may deem necessary.

CONSTITUTIONALLY MANDATED OFFICERS

 Senate President and House Speaker
 Elected through a majority vote of all its respective members
 Do not have a fixed term, may be replaced at any time at the pleasure of a majority of all the members of their
respective chambers
 Highly political positions, incumbency depends on partisan alignments of colleagues
 Justiciable issue

OTHER OFFICERS
 Members of the legislature:
o Senate President pro tempore
o Speaker pro tempore
o Majority and minority floor leaders
o Chairmen of the various standing and special committees
 Non-members of the legislature:
o Secretary
o Sergeant-at-arms
 Left to the discretion of the house as to the officers and their election
 Political question

QUORUM

Article VI, Section 15 (2). A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn
from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House
may provide.
 Senate: 50% + 1 of all 24 senators (13)
 House of Representatives: 50% + 1 of all 250+ Representatives (76)
 After acquiring quorum, a small number may adjourn

RECESS

Article VI, Section 16 (5). Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for
more than three days, nor to any other place than that in which the two Houses shall be sitting.

RATIONALE: because of the restoration of bicameralism, which envisions

collaboration and coordination between the two chambers, there is a need
for constant contact and consultation which will not be possible if the other
chamber is adjourned
 Adjournment: if more than 3 days
 Place: if in a different political unit, like province or city (not room or bldg.)

Compulsory recess: A6 S15 (30 days before next regular session)

Voluntary recess : A6 S16 (more than 3 days)

JOURNALS
Article VI, Section 16 (4). Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting
such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one--‐
fifth of the Members present, be entered in the Journal. Each House shall also keep record of its proceedings.

JOURNAL (US vs. Pons)

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They are a record of what is done and past in a legislative assembly. They are useful not only for authenticating the proceedings
but also for the interpretation of laws through a study of the debates held and informing the people of the official conduct of their
respective legislators.

It is for this purpose that the Constitution requires that the journals be published from time to time excepting such parts as may
affect the national assembly. This is in line with the right to information on matters of public concern as guaranteed in Article III,
Section 7.

 Resume or the minutes of what transpired during a legislative session

 General summary
 RATIONALE: authenticating proceedings; for the interpretation of laws through a study of the debates held thereon;
inform public of the official conduct of their legislators

RECORD
 Word-for-word transcript of the proceedings taken during the session
 Specific summary

JOURNAL v ENROLLED BILL (Casco vs. Jimenez)

 General : Enrolled bill
o A duly authenticated copy of a bill or resolution bearing the signature of the Speaker and Senate President and the
certification of their secretaries that such bill was passed
 Exception : Journal
o Only on matters that are required to be entered in the journals
o When the signatures on the enrolled bill are withdrawn
 Either is respected because to overcome their conclusive nature is to invade the coordinate and independent department
of the government, and to interfere with the legitimate powers and functions of the Legislature
 To take away the impeachability of either in one is to take either away in all, and the evidence of the laws must rest
upon a foundation less certain and durable
 Remedy is by amendment or curative legislation, not by judicial decree

DISCIPLINE OF MEMBERS (Osmena vs. Pendatun)

 Rules of proceedings are within the discretion of each house to formulate unless it violates fundamental or individual
rights.
 There must be a concurrence of two thirds of all the members in suspending or expelling a member.
 Suspension must not be for more than 60 days.
 Other modes of disciplinary measure are deletion of unparliamentary remarks from the record, fine, imprisonment and
censure (Soft impeachment)
 Disorderly behavior- is the prerogative of the congress and cannot as a rule be judicially reviewed.

Article 6, Section 16 (3). Each House may determine the rules of its proceedings, punish its members for disorderly behavior,
and, with the concurrence of two--‐thirds of all its members, suspend or expel a Member. A penalty of suspension, when
imposed, shall not exceed sixty days.

RULES OF ITS PROCEEDINGS

It is needed for the orderly conduct of the sessions of the Congress unless such rules violate fundamental or individual rights,
they are within the exclusive discretion of each House to formulate and interpret.

 Inherent power of any body

 Discretionary on the part of the Congress as to formulation, application and revocation
 Subject to judicial review:
o General : Not subject to judicial review; political question
o Exception : When the House Rules violate fundamental rights of third persons

DISCIPLANARY MEASURES
 Even without the provision, said power is inherent to each House
 Instead of conferring it, the provision actually limits the power because of the specific conditions laid down for its
proper exercise
 “Disorderly behavior”
o prerogative of Congress to interpret and cannot be subject to judicial review

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 o political question
 Suspension
o Must not exceed 60 days
o Needs concurrence of 2/3 votes of all its members
 Expulsion
o Needs concurrence of 2/3 votes of all its members

ELECTORAL TRIBUNALS

Article 6, Section 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole
judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall
be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and
the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on
the basis of proportional representation from the political parties and the parties or organizations registered under the party--‐list
system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

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