ARTICLE 4: CITIZENSHIP
who has lived in the Philippines for at
Citizenship — Legal relationship between
a person and a country. If you're a citizen
you've the right to live, Right to work , right
to vote and pay taxes. (The law obliges us
to pay taxes, which in turn provide
everything from health care and Social
Security to education and defense.)
Citizenship refers to the membership of a
person to a democratic state which bestows
upon him/her full civil and political rights
(unless especially disqualified by law), and
the corresponding duty to support
andmaintain allegiance to the state
● Citizen— A citizen is an individual
legally recognised as a subject of a
nation. (person who legally belongs
to a country and has the rights and
protection of that country)
● Alien— a citizen of a country who is
residing through another country
Citizenship vs Nationality
Nationality is where you came from. You
cant change your nationality because it’s
innate. A person can be a national only one
country
Example: A is from the Philippines so A is
Filipino. But if A goes to the USA to live
there to get opportunities A is still from the
Philippines so A is still Filipino however her
citizenship is USA.
MODES IN INQUIRING CITIZENSHIP
(by birth) JUS SOLI -latin term which means
“law of the soil” This is the rule that the
citizenship of the child is determined by the
place of birth
(by blood) JUS SANGUINIS- latin term
which means “law of blood” determined the
blood relations
By Naturalization- If you are a foreigner
least 10 years, is of good moral
character, and has a lucrative trade,
profession, or lawful occupation, you
may apply for naturalization.
SECTION 1:
The following are citizens of the Philippines:
1. Those who are citizens of the Philippines
at the time of the adoption of this
Constitution
● Refers to individuals who were
already citizens of the Philippines
when the 1987 Constitution was
adopted on February 2, 1987
● This means that anyone who was
already a Philippine citizen before
February 2, 1987, when the
Constitution was ratified, remains
a Philippine citizen. For example,
if you were born in 1980 to
Filipino parents, you are a
Philippine citizen by this clause.
2. Those whose fathers or mothers are
citizens of the Philippines;
● This refers to those who are
Philippine citizens because either
their fathers “or” mothers are
Philippine citizens.
● Philippine Nationality Law is based
upon your Jus Sanguinis
example: if you are born atleast that
one parent who is Filipino Citizen at
the time of your Birth you're born
with Philippine Citizenship
3. CITIZEN THROUGH ELECTION Those
born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship
upon reaching the age of majority;
● On January 17, 1973, President
Ferdinand Marcos issued
Proclamation No. 1102,
announcing the ratification of the
Constitution of the Republic of
the Philippines The constitution
was amended in 1976, 1980 and
in 1981. The 1973 constitution
allowed Filipina women who
married foreign men to retain
Philippine citizenship on their
marriage even if they had
acquired their husbands'
nationalities
● 1987 constitution — for example,
your child was born on 1972 with a
foreign father and Filipino mother,if
that child is majority age which is 18
years old it can elected as a
Philippine Citizenship
● 1935 constitution if a child was born
to a filipino mother but whose father
is a foreigner there is a need for the
child to elect a philippine citizenship
upon reaching the age of majority.
● 1973 and 1987 are different even
though your mother is Filipino and
your father is a foreigner , election is
no longer required. The child is
enough to born and inherent the
blood of Filipino
● Those born before January 17,
1973, of Filipino mothers, who
elect Philippine citizenship upon
reaching the age of majority. This
means that anyone who was born
before the 1973 Constitution took
effect, which was on January 17,
1973, to a Filipino mother and a
foreign father, can choose to be a
Philippine citizen when they turn
18 years old or older. For
example, if you were born in 1970
in Japan to a Filipino mother and
a Japanese father, you can elect
Philippine citizenship by this
clause.
● based on the assumption that the
citizenship of the father would
prevail over the citizenship of the
mother in cases of mixed
marriages. This was the
prevailing rule in the 1935
Constitution, which stated that
“those whose fathers are citizens
of the Philippines” are Philippine
citizens by birth1. Therefore,
those who were born before 1973
to a Filipino father and a foreign
mother were already considered
Philippine citizens by the 1935
Constitution, and did not need to
elect Philippine citizenship under
the 1973 Constitution. However,
those who were born before 1973
to a Filipino mother and a foreign
father were not considered
Philippine citizens by the 1935
Constitution, and needed to elect
Philippine citizenship under the
1973 Constitution. This provision
was meant to correct the
inequality and discrimination
against Filipino mothers and their
children in the 1935
Constitution2.
4. Those who are naturalized in accordance
with law.
● Foreigners can become Filipino
citizens through Naturalization
(Process of allowing a foreigner who
lives in one country to become a
citizen of another country however
they must first renounce the original
citizenship before they become
Naturalized Filipino)
3 WAYS TO BECOME NATURALIZED
CITIZENS
1. DIRECT NATURALIZATION
subdivided into 3 ways
● administrative
Naturalization (RA 9139)–
Qualified applicants are
those Native Born Aliens who
lived in the Philippines all
their lives (Never saw any
country and thought they
were Filipinos)
This follows Republica 9139
or the administrative
Naturalization law of 2000
Qualification:
- Age atleast 18 years old
- Must be born and have lived in the
Philippines
- Must have good moral character and
must believe in constitution
- Must own the real state in the
Philippines worth for not less than
5,000 or have some lucrative trade
profession a low fall occupation
- Language: able to speak and write in
any Filipino Dialect
- Enrollment of Minor children of
school age in the prescribed by the
law
● Judicial Naturalization — if
the Foreigner is not qualified
as a Administrative
Naturalization
- Follows Commonwealth act 473 or
the revised Naturalization
Qualification
- At least 21 years old at the hearing
of petition
- Must resides in the Philippines at
least 10 years
- Good moral character and must
believe in constitution
- Own a real estate in the Philippines
worth for not less than 5,000
- Have lucrative trade,profession and
lawful occupation
- Able to speak and write in English or
Spanish and any owe of the
Philippine language
- Minor children must enrolled in the
schools prescribed by the law
● Direct Act of the Congres
1. Legislative Naturalization– this
applies for aliens who made
outstanding contribution to the
country contribution to the country
2. Derivative Naturalization – obtaining
one's citizenship from or through
another person you can be any of
the following
- Wife of Naturalized husband
- Alien wife of a natural born citizen
- Minor children of Naturalized parents
NATURALIZED CITIZEN CAN'T ENJOY:
1. Dual Citizenship
2. Run in any political position
EFECTS TO MARRIAGE TO A
FOREIGNER
-Citizens who marry an Alien shall retain
their citizenship unless they renounce it
SECTION 2:
● Those citizens of the philippines
from birth without having to perform
any act acquire or perfect their
 philippine citizenship (Automatically
you're a Filipino)
● Those who elect philippine
citizenship in accordance with a
paragraph section 1 they must be
born before january 17 1973 of
filipino mother's and elected as a
philippine citizenship upon reaching
the age ( may pinirmahan at
sinumpaan ka in any officer that
authorized administer oaths and filed
at the nearest civil registry and this
is called Election of Philippine
Citizenship)
SECTION 3:
GENERAL WAYS OF ACQUIRING
FILIPINO CITIZENSHIP
1. VOLUNTARY METHOD-
Naturalization,cessation, conquest
or treaty
2. INVOLUNTARY METHOD – by birth,
place of birth or by blood relationship
LOSS OF CITIZENSHIP
- Filipino citizenship is not forever,
Filipinos may lose citizenship
voluntarily or involuntary
Voluntary
- Also called expatriation (is a process
of living your country or a new one)
LOSS OF CITIZENSHIP MAY BE:
● Naturalization in another country
which means you go to the country
and be the citizens of the country
● Renunciation of Citizenship (ayaw
mo na sa Philippines
● Subscribing to an oath of allegiance
(laws of a foreign country)
Involuntary
- Cancellation of certificate of
Naturalization by the court
- Deserter of the Philippines armed
forces
CITIZENSHIP RETENTION AND
RE-ACQUISITION
● REPUBLIC ACT NUMBER 9225
OTHERWISE KNOWN AS THE
CITIZENSHIP RETENTION AND
REACQUISITION ACT OF 2003.
Declares that natural born filipinos
who we're natural lies in other
countries could Re-acquire or retain
their philippine citizenship after
undergoing the procedure provided
for under the law.
● Only those who are natural born
filipinos who have acquired the
citizenship of another country
through naturalization may retain or
reacquired a philippine citizenship
making them a dual citizens of both
the philippines and the country
where they were naturalize
● Persons who were Naturalized
filipinos before acquiring the
citizenship of another country are
not eligible for philippine dual
citizenship even who are not natural
born Filipino is not eligible to apply
under this act
● If you have a foreign spouse they
can become a naturalized filipino
citizen through a commonwealth act
473 or the naturalization law but not
through ra 9225
SECTION 4: The Filipinos who marry aliens will
retain their citizenship, unless by their act or
omission they are deemed, under the law, to
have renounced it.
1. Expatriation - Refers to voluntary
loss or renunciation of Citizenship
 2. Expatriate - tho who voluntarily lost
or renounced their Citizenship
3. Repatriation - Reacquisition of one's
nationality by taking the necessary
oath of allegiance (gusto mo ibalik ,
magbalik loob ka )
-Women who lost citizenship by
mariage to alien
- Lost citizenship for political or
economic reasons
RECOVERY OF ORIGINAL NATIONALITY
- Naturalized Filipino who lost his citizenship
will restored to his prior statust as a
naturalized filipino citizen
- Natural born citizen who lost citizenship
will be restored his prior status as a natural
born citizen
SECTION 5:
DUAL CITIZENSHIP – A citizen of the two
countries at the same time (involuntary and
legal )!
Ex: your both parents are Filipino but you're
born in another country then you're dual
citizenship.
DUAL Allegiance — a person
simultaneously owes loyalty to two or more
states (voluntary and illegal) results of an
individual volition
The Philippine government prohibits
dual allegiance because it is believed to
be a threat to national security and
sovereignty. Dual allegiance occurs
when a person owes allegiance to two
countries at the same time. This can
create conflicts of interest and loyalty,
which can be detrimental to the
interests of both countries.
ARTICLE 5: THE SUFFRAGE
-Suffrage (Political Franchise)
rights of Citizens to vote in Political
elections and Public questions submitted by
a people
Right to vote— Active Suffrage
Right to stand an election— passive
suffrage
Combination of this two called Full suffrag.
Nature of Suffrage
(1)mere privilege
Suffrage is not a natural right of the citizens
but merely a privilege
- This means that the right to vote is not
automatically granted to all citizens but is
subject to certain conditions and limitations
imposed by the lawmaking power
- The reason why suffrage is considered a
privilege rather than a natural right is that it
is granted to individuals only upon the
fulfillment of certain minimum conditions
deemed essential for the welfare of the
country . These conditions may include age,
residency, , and other qualifications that are
necessary to ensure that voters are
informed and responsible citizens
Republic Act 8189 (Voters Registration Act
of 1996) a citizen in order to be qualified to
exercise his right to both in addition to the
minimum requirements set by fundamental
charter is obliged to law to register
However, it is important to note that while
suffrage is a privilege, it is also a
fundamental political right that is essential to
the functioning of a democratic state. The
right to vote allows citizens to participate in
the governance of their country and to have
a say in the decisions that affect their lives.
2.A political right.(Ar. 2 , section 1)
– Suffrage enables every citizen to
participate in the process of government to
assure that it can truly be said to derive its
powers from the consent of the governed.
The principle is that of one man, one vote.
Scope of Suffrage:
-Election is a process in which people vote
to choose a person or group of people to
hold an official position
Types of Elections:
1. Regular - first to an election
participated by those who possess
the right of suffrage not disqualified
by the law and who are registered
voters
2. Special - one held to fill in the
vacancy in office before the
expiration of the term for which
incumbent was elected
- Plebiscite an election we're in the people
accept or reject certain changes in the
constitution
- referendum a law can either be accepted
or repeated based on the popular vote of
the people
- Initiative whereby the people directly
propose and enact laws
-Recall it's a method which is public officer
may be removed from office during his
tenure or before the acceleration of his term
SECTION 1: state that any citizen of the
Philippines who right to vote and Filipino
Citizen who is at least 18 years old, second
our resident of the Philippines at least 1
year and in the place where they intends to
vote at least 6 months
RESIDENCY REQUIREMENT
1. DOMICILE – This is interference to
the 1 year Residency requirements
in the Philippines
2. Temporary Residence– this is in
reference to the 6-month residency
requirement in the place where one
wants to vote. in this case residents
can either mean domicile or
temporary residence
QUALIFICATION OF VOTERS
1.A citizen (male or female) of the
Philippines
2. Not otherwise disqualified by law e.g. if
you were convicted of a crime by rape, sent
to reclusion Perpetua (includes Civil
interdiction-divested of civil and political
rights) to death; disqualified under the law
due to loss of civil anf political rights○
3.At least 18 years of age; and
4.Have resided in the Philippines for at
least one (1) year and in the place wherein
he proposes to vote for at least six (6)
months preceding the election
DISQUALIFICATION
1. ANY PERSON SENTENCE BY A
FINAL JUDGMENT TO
IMPRISONMENT OF NOT LESS
THAN ONE YEAR WHICH
DISABILITY HAS NOT BEEN
REMOVED BY PLENARY PARDON
 2. ANY PERSON I JUST BY A FINAL
JUDGMENT OF HAVING
VIOLATED HIS ALLEGIANCE TO
THE REPUBLIC OF THE
PHILIPPINES
3. INSANE OR FEEBLE MINDED
PERSON
NOTE! Under the second disqualification
the right to vote is automatically acquired
upon the expiration of 5 years after the
service of sentence.
SECTION 2:
Can illiterate and Disabled Vote?
—yes! During election the illiterates and
disabled members of the society are
assisted by the election officer.
—The case of illiterate and disabled
boulders, their voter's affidavit may be
preferred by any relative within the fourth
civil degree of consanguinity or affinity or
any board of election inspectors who shall
prepare the affidavit in accordance with the
data supplied by the applicant.
Can OFW vote?
— yes! Through absentee voting or the
process by which qualified citizens on the
Philippine abroad Exercise to right to vote.
HOW THE ABSENTEE WORK
Local absentee - unable to vote due to their
duties. This local can vote 30 days before
the election held. They will fill out a form
that can be downloaded from comelec
Overseas absentee- those people who work
abroad and they willl vote personally go to
the philippine embassy.
Fun Fact!
● Before 1937 only filipino men were
allowed to vote in the country it all
changed when Commonwealth act
no 34 was made thay women in the
country finally right to suffrage
ARTICLE 6: LEGISLATIVE DEPARTMENT
Legislative department — The legislative
branch of government is responsible for
making laws within a country.
Legislative power — make,alter(make
changes ) and repeal laws(withdraw) power
to make laws,and subsequently.
Basic Structure
1. Unicameral - The legislative branch
consists of one chamber/house
called assembly
2. Bicameral - legislative power vested
in two chambers/Houses
SECTION 1:
● Legislative power refers to the
authority and responsibility given to
a group of people, usually elected
representatives, to make laws for a
country or region. These lawmakers,
often known as the legislature or
parliament, have the important task
of creating, amending, and repealing
laws that govern various aspects of
society.
● Legislative power ensures that
citizens' interests are represented
and that laws are created through a
democratic process, promoting
order, justice, and the welfare of the
people.
The Congress makes up the legislative
branch of the government. It is composed of
the Senate, also known as the upper house,
and the House of Representatives known to
many as the lower house. The Congress
drafts, reviews, amends, and repeals
proposed laws (bills). It also has the power
to amend the 1987 Constitution and is
tasked with passing the national budget
each year.
● They are made by lawmakers in the
Philippine Legislature that is also
called the Congress of the
Philippines. Congress has two
chambers or houses - the House of
Representatives and the Senate.
● Lawmakers in the House of
Representatives are called
Representatives or
Congressmen/Congress-women.
● A Representative can serve for not
more than three consecutive terms.
243 legislative districts in the
country.
● Lawmakers in the Senate are called
Senators who are elected at large or
nationwide by qualified voters to a
six-year term. The Senate has
twenty-four (24) Senators.
The laws described is the “Statutory
Laws”
● Legislative Branch(Congress) — makes
laws
executive Branch (Malacanang)
president, VP, cabinet — executes the
laws
Judiciary(supreme court)— (Chief
Justice, Associate Justice interpret the
laws
Mob Rule - Makes, Execute or interpret the laws
Dictatorship - Execute, makes or the interpret
the laws
Oligarchy - interprets, makes or executes the
laws
Classification of legislative power
1. Original- possessed by the people in
their sovereign capacity
2. Delegated - Possessed by Congress
and other legislative bodies by virtue of
the Constitution
Constituent- The power
Note:
The original legislative power of the people is
exercised via initiative and referendum. In this
manner, people can directly propose and enact
laws or approve or reject any act or law passed
by Congress or a local government unit.
Limits on the legislative power of Congress:
1. Substantive-Imitations on the content of laws.
E.g. no law shall be passed establishing a state
religion.
2. Procedural-limitations on the manner of
passing laws. E.g. generally a bill must go
through three readings on three separate days.
Note:
Provided that these two limitations are not
exceeded, Congress legislative power is plenary.
Corollaries of legislative power:
1. Congress cannot pass irrepealable laws.
Since Congress powers are plenary, and limited
only by the Constitution, any attempt to limit the
powers of future Congresses via an irrepealable
law is not allowed.
2. Congress, as a general rule, cannot delegate
its legislative power. Since the people have
already delegated legislative power to Congress,
the latter cannot delegate it any further.
EXCEPTIONS:
1. Delegation of legislative power to local
government units;
2. Instances when the Constitution itself allows
for such delegation [see Art. VI Sec. 23(2)]
What may Congress delegate:
Congress can only delegate, usually to
administrative agencies, RULE-MAKING
POWER or LAW EXECUTION. This involves
either of two tasks for the administrative
agencies:
1. "Filling up the details" on an otherwise
complete statute; or
2. Ascertaining the facts necessary to bring a
"contingent law or provision into actual
operation.
Sections 2-4. SENATE Composition
24 senators who shall be elected at large by the
qualified voters of the Philippines, as may be
provided by law.
Qualifications
1. Natural-born citizen:
2. At least 35 years old on the day of election;
3. Able to read and write:
4. A registered voter; and
5. Philippine resident for at least 2 years
immediately preceding the day of the election.
Note: The qualifications of both Senators and
Members of the House are limited to those
provided by the Constitution. Congress cannot,
by law, add or subtract from these
qualifications. Term of Office:
6 years, commencing (unless otherwise
provided by law) at noon, 30 June next following
their election.
Term Limitations:
1. No Senator shall serve for more than 2
consecutive terms.
2. Voluntary renunciation of 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.
Sections 5-7. HOUSE OF REPRESENTATIVES
Composition:
1. Not more than 25 members, unless otherwise
fixed by law; and
2. Party-list Representative
Election of 250 members
1. They shall be elected from legislative districts
apportioned among the provinces, cities and the
Metropolitan Manila area.
2. Legislative districts are apportioned in
accordance with the number of inhabitants of
each area and on the basis of a uniform and
progressive ratio.
1. Each district shall comprise, as far as
practicable, contiguous, compact and adjacent
territory:
2. Each city with at least 250,000 inhabitants will
be entitled to at least one representative.
3. Each province will have at least one
representative.
4. Legislative districts shall be re- apportioned
by Congress within 3 years after the retum of
each census. According to Jack, however, while
the apportionment of districts is NOT a political
question, the Judiciary CANNOT compel
Congress to do this.
5. The standards used to determine the
apportionment of legislative districts is meant to
prevent gerrymandering", which is the formation
of a legislative district out of separate territories
so as to favor a particular candidate or party.
Qualifications
1. Natural bom citizen of the Philippines:
2. At least 25 years old on the day of the
election:
3. Able to read and write:
4. Registered voter in the district he seeks to
represent; and
5. A resident of such district for at least one year
immediately preceding the day of the election.
Term of Office
1. Each member of the House shall be elected
for a term of three (3) years which shall
commence (unless otherwise provided for by
law) at noon on 30 June next following their
election.
2. Voluntary renunciation of 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.
Term Limitations
No member of the House of Representatives
shall serve for more than three (3) consecutive
terms.
Distinctions between Term and Tenure
1. Terms means the period during which the
elected officer is legally authorized to
assume his office and exercise the powers
thereof.
2. Tenure is the actual period during which
such an officer actually holds his position.
Limitation/Possible Reduction
1. Term CANNOT be reduced.
2. Tenure MAY, by law, be limited. Thus,
provision which considers an elective office
automatically vacated when the holder
thereof files a certificate of candidacy for
another elective office (except President
and Vice-President) is valid, as it only
affects the officers tenure and NOT his
constitutional term.
Party-List Representatives
1. Constitute 20% of the total number of
representatives, including those under the
party-list system (thus a maximum of 50
party-list members of the House)
2. However, for 3 consecutive terms from 2
February 1987 (i.e., the 1987-92, 92- 95
and 95-98 terms), 25 seats shall be allotted
to sectoral representatives. Under Art. XVIII,
Sec. 7, the sectoral representatives are to
be appointed by the President until
legislation otherwise provides.
Mechanics of the party-list system:
1. Registered organizations submit a list of
candidates in order of priority.
2. During the elections, these organizations
are voted for at large.
3. The number of seats that each
organization gets out of the 20% allotted to
the system depends on the number of votes
they get.
Qualifications
1. Natural bom citizen of the Philippines
Sec. 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.

2. At least 25 years of age on the day of the

TWO TYPES OF ELECTIONS
election

Regular elections: the 1987 constitution

3. Able to read and write
state that the election of member of
Congress is every on second of Monday of
May

Qualification of House of Special Election: supposedly held with

Representatives regular elections but was delayed

Natural born of the citizens For example: for example there's a war in
Mindanao and Regular Elections cannot be
held so it will move it.
At Least 25 years old

Special Election: an election to elect a new

Able to read and write official after the predecessor left office

Registered voters in the district he seeks to For example: A is died because of car crash
represent so the new Elected will sit only for the
unexpired term
Resident of house representative

Term office : 3 years

Sec. 10. Salaries of Senators and Members of
Limits: cannot serve more than 3 the House
consecutive terms
Determination of Salaries:
2535— minimum age for HOR and
Senators Salaries of Senators and Members of the
House of Representatives shall be
63 — 6 for terms of Senators and 3 for HOR determined by law.
Rule on increase in salaries:
No increase in their salaries shall take effect
until after the EXPIRATION OF THE FULL
TERM (NOT TENURE) OF ALL THE
MEMBERS OF THE SENATE AND THE
HOUSE OF REPRESENTATIVES
APPROVING SUCH INCREASE
Note: Since the Constitution 'provides for
rules on "salaries' ' and not on emoluments,
our distinguished legislators can appropriate
for themselves other sums of money such
as travel allowances, as well as other side's
benefits
. participate in legislative proceedings
Sec. 11: CONGRESSIONAL IMMUNITIES
1.) Immunity from arrest:
● Legislators are privileged from arrest
while Congress is "in session" with
respect to offenses punishable by up
to 6 years of imprisonment. Thus
whether Congress is in regular or
special session, the immunity from
arrest applies.
● If Congress is in recess, members
thereof may be arrested.
● The immunity is only with respect to
arrests and NOT to prosecution for
criminal offenses.
2.) Legislative privilege:
● No member shall be questioned or
held liable in any forum other than
his/her respective Congressional
body for any debate or speech in the
Congress or in any Committee
thereof.
● Limitation on the privilege:
Protection is only against forums
other than Congress itself. Thus for
inflammatory remarks which are
otherwise privileged, a member may
be sanctioned by either the Senate
or the House as the case may be.
The speech or debate" must be
made in performance of their duties
as members of Congress. This
includes speeches delivered.
statements made, votes cast, as well
as bills introduced, and other
activities done in performance of
their official duties.
● Congress need NOT be in session
when the utterance is made, as long
as it forms part of 'legislative action,"
i.e. part of the deliberative and
communicative process used to
in consideration of proposed
legislation or with respect to other
matters with Congress' jurisdiction.
Sec. 12. All Members of the Senate and the
House of Representatives shall, upon
assumption of office, make 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.
Sec. 13-14: DISQUALIFICATIONS:
Disqualifications:
DISQUALIFICATION
1. Senator/Member of the House cannot
hold any other office. or employment in the
Government or any subdivision, agency or
Instrumentality thereof. including GOCCS or
their subsidiaries.
2. Legislators cannot be appointed to any
office.
3. Legislators cannot personally appear as
counsel before any court of justice, electoral
tribunal, quasi-judicial and administrative
bodies.
4. Legislators cannot be financially
interested directly or indirectly in any
contract with or in any franchise, or special
CONGRESSIONAL
WHEN APPLICABLE: During his term. If he
does so, he forfeits his seat.
IF the office was created or the emoluments
thereof increased during the term for which
he was elected, During his term of office.
Sec. 15:
REGULAR AND SPECIAL
SESSIONS Regular Sessions:
1.) Congress convenes once every year on
the 4 Monday of July (unless otherwise
provided for by law)
2) Continues in session for as long as it
sees fit, until 30 days before the opening of
the next regular session, excluding
Saturdays, Sundays, and legal holidays.
Special Session: the Congress can called
anytime some urgent and National Concern
Executive Session: The president can called
for a s secret or close door session. When
matters of interest are to be discussed
Sec. 16. Officers:
1.) Senate President;
2.) Speaker of the House; and
3.) Each House may choose such other
officers as it may deem necessary.
Election of Officers
By a majority vote of all respective
members.
Quorum to do business:
1. Majority of each House shall constitute a
quorum.
2. A smaller number may adjourn from. day
to day and may compel the attendance of
absent members.
3. In computing a quorum, members who
are outside the country and thus outside of
each House's coercive jurisdiction are not
included.
Internal Rules:
1. Each House shall determine its own
procedural rules.
2. Since this is a power vested in Congress
as part of its inherent powers, under the
principle of separation of powers, the courts
cannot intervene in the implementation of
these rules insofar as they affect the
members of Congress.
3. Also, since Congress has the power to
make these rules, it also has the power to
ignore them when circumstances so require.
QUORUM: The required number of
members of each house to be present
in order to transact business during
regular session special session
Rule- no law shall be passed or
legislative function discharge unless the
qourum is reached
½ members + 1= Qourum The majority
of this house is do business,it is Also
important a members who are in abroad
are suspended other wise prevented
from vote, only in the Philippines has
coerced the power to enforce its
authority
Adjournment in Absence of Quorum
— number of members may postpone
sessions From day to day
— the present members can also issue
order for the arrest of the absence
members or choose acting senate
president or acting speakers as an
emergency measure
Discipline and Punishment
For constitution the members grant a
power to discipline its members
physically, morally and mentally unfit
Suspensions – Congress can suspend a
member with the concurrence of ⅔ of
it's All members
Expulsion – Congress can suspend a
member with the concurrence of ⅔ of
it's All members And not exceed of 60
days
Congressional Journals and Records:
1.) The Journal is conclusive upon the
courts.
2.) BUT an enrolled bill prevails over the
contents of the Journal.
3.) An enrolled bill is the official copy of
approved legislation and bears the
certifications of the presiding officers of
each House. Thus where the
certifications are valid and are not
withdrawn, the contents of the enrolled
bill are conclusive upon the courts as
regards the provision of that particular
bill.
Adjournments:
1.) Neither House can adjourn for more
than 3 days during the time Congress is
in session without the consent of the
other House.
2.) Neither can they adjourn to any other
place than that where the two houses
are sitting, without the consent of the
other.
Section 17: THE ELECTORAL TRIBUNAL
The Senate and the House shall each
have an Electoral Tribunal which shall be
composed of:
● 3 Supreme Court Justices to be
designated by the Chief Justice; &
● 6 Members of the Senate or
House, as the case may be,The
senior Justice in the Electoral
Tribunal shall be its Chairman.

Note: The congressional members of
the ET's shall be chosen on the basis of
proportional representation from the
political parties and party-list
organizations.
Jurisdiction:
1.) Each ET shall be the sole judge of all
CONTESTS relating to the election,
returns, and qualifications of their
respective members. This includes
determining the validity or invalidity of a
proclamation declaring a particular
candidate as the winner.
2.) An election contest is one where a
defeated candidate challenges the
qualification and claims for himself the
seat of a proclaimed winner.
3.) In the absence of an election contest,
the ET is without jurisdiction. However,
the power of each House to expel its
own members or even to defer their
oath-taking until their qualifications are
determined may still be exercised even
without an election contest.
COMPOSITION OF ELECTORAL
TRIBUNAL
3 Supreme Court Judges
6 Members of senate or House of
Representatives
The senior Justice — chairman
Congressional members —choses on
the basis of Proportional Representation
(Political Partylist, Partylist
organization)
The decision of the Electoral is final may
not be appealed to the supreme court
EXCEPT on the basis of Grave abuse of
Discretion.
COMMISSION ON APPOINTMENTS —the
second independent body of the
Congress. It's constitutional body of
1987 who confirms or rejects political
appointment made by the president
Senate President - as an act of ex-officio
Chairman
12 senators
12 members of the House
Take Note! That the 12 Senators and 12
HOR are elected on the basis of
Proportional Representation
Issues regarding the Electoral Tribunals:
1.) Since the ETs are independent
constitutional bodies, independent even
of the House from which the members
are respectively taken, neither Congress
nor the Courts may interfere with
procedural matters relating to the
functions of the ET's, such as the setting
of deadlines or filing their election
contests with the respective ETs.
2.) The ET being independent bodies, its
members may not be arbitrarily removed
from their positions in the tribunal by the
parties which they represent. Neither
may they be removed for not voting
according to party lines, since they are
acting independently of Congress
3.) The mere fact that the members of
either the Senate or the House sitting on
the ET are those which are sought to be
disqualified due to the filing of an
election contest against them does not
warrant all of them from being
disqualified from sitting in the ET The
Constitution is quite clear that the ET
must act with both members from the
SC and from the Senate or the House. If
all the legislator- members of the ET
were to be disqualified, the ET would not
be able to fulfill its constitutional
functions.
4.) Judicial review of decisions of the
ETs may be had with the SC only insofar
as the decision or resolution was
rendered without or in excess of
jurisdiction or with grave abuse of
discretion constituting denial of due
process.
Section 18: THE COMMISSION ON
APPOINTMENTS Composition:
1.) Senate President as ex-officio
chairman:
2.) 12 Senators; and
3.) 12 Members of the House.
Note: The 12 Senators and 12
Representatives are elected on the basis
of proportional representation from the
political parties and party-list
organizations.
Voting/Action
1.) The chairman shall only vote in case
of a tie.
2.) The CA shall act on all appointments
within 30 session days from their
submission to Congress.
3.) The Commission shall rule by a
majority vote of all the Members
Jurisdiction
1.) CA shall confirm the appointments
by the President with respect to the
following positions:
1. Heads of the Executive Departments
(except if it is the Vice-President who is
appointed to the post).
2. Ambassadors, other public ministers
or consuls.
3. Officers of the AFP from the rank of
Colonel or Naval Captain: and
4. Other officers whose appointments
are vested in him by the Constitution
(e.g. COMELEC members),
2.) Congress CANNOT by law prescribe
that the appointment of a person to an
office created by such law shall be
subject to confirmation by the CA.
3.) Appointments extended by the
President to the above-mentioned
positions while Congress is not in
session shall only be effective until
disapproval by the CA or until the next
adjournment of Congress.
Meetings of the CA
1.) CA meets only while Congress is in
session.
2.) Meetings are held either at the call of
the Chairman or a majority of all its
members.
3.) Since the CA is also an independent
constitutional body, its rules of
procedure are also outside the scope of
congressional powers as well as that of
the judiciary.
Note: The ET and the CA shall be
constituted within 30 days after the
Senate and the House of Representative
shall have been organized with the
election of the President and the
Speaker.
Sections 21-22: LEGISLATIVE INQUIRIES
Scope:
1. Either House or any of their
committees may conduct inquiries in aid
of legislation.
2. "In aid of legislation" does not mean.
that there is pending legislation
regarding the subject of the inquiry. In
fact, investigation may be needed for
purposes of proposing future legislation.
3. If the stated purpose of the
investigation is to determine the
existence of violations of the law, the
investigation is no longer in aid of
legislation but in aid of prosecution'.
This violates the principle of separation
of powers and is beyond the scope of
congressional powers.
Enforcement:
1. Since experience has shown that
mere requests for information does not
usually work. Congress has the inherent
power to punish recalcitrant witnesses
for contempt, and may have them
incarcerated until such time that they
agree to testify.
2. The continuance of such
incarceration
only subsists for the lifetime, or term. of
such a body. Once the body ceases to
exist after its final adjoumment, the
power to incarcerate ceases to exist as
well. Thus, each 'Congress of the House
lasts for only 3 years. But if one is
incarcerated by the Senate, it is
indefinite because the Senate, with its
staggered terms, is a continuing body.

3. BUT, in order for a witness to be
subject to this incarceration, the primary
requirement is that the inquiry is within
the scope of Congress" powers. Le. it is
in aid of legislation.
4. The materiality of a question is
determined not by its connection to any
actually pending legislation, but by its
connection to the general scope of the
inquiry.
5. The power to punish for contempt is
inherent in Congress and this power is
sui generis. It cannot be exercised by
local government units unless they are
expressly authorized to do so.
Limitations:
1. The inquiry must be conducted in
accordance with the 'duly published
rules of procedure of the House
conducting the inquiry; and
2. The rights of persons appearing in or
affected by such inquiries shall be
respected. Ex. The right against self-
incrimination.
Appearance by department heads
before Congress:
1. Since members of the executive
department are co-equals with those of
the legislative department, under the
principle of separations of powers,
department heads cannot be compelled
to appear before Congress.
Neither may the department heads.
impose their Congress. appearance
upon
2. Department heads may appear before
Congress in the following instances.
3. Upon their own initiative, with the
consent of the President (and that of the
House concerned); or
4. Upon the request of either House
(which cannot compel them to attend)
5. The appearance will be conducted in
EXECUTIVE SESSION when:
6. Required by the security of state or
required by public interest; and 7. When
the President so states in writing
Sections 23-24. DECLARATION OF
WAR/EMERGENCY POWERS 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:
1. 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.
2. Limitations:
1. Powers will be exercised for a limited
period only; and
2. Powers will be subject to restrictions
prescribed by Congress
3. Expiration of emergency powers
1. By resolution of Congress or
2. Upon the next adjoumment of
Congress
Sections 24-27, 30-31 LEGISLATION
Bills that must originate from the House
of Representatives
(Section 24)
CODE: ART Pu Lo P
1. Appropriation bills
2. Revenue bills
3. Iariff bills
4. Bills authorizing the increase of public
debt
5. Bills of local application
6. Private bills
Note: The Senate may, however, propose
or concur with amendments.
Appropriation bills
1. The primary and specific aim of an
appropriation bill is to appropriate a sum
of money from the public treasury.
1. Thus, a bill enacting the budget is an
appropriations bill.
1. BUT: A bill creating a new office, and
appropriating funds therefore is NOT an
appropriation bill.
Revenue Bill
1. A revenue bill is one specifically
designed to raise money or revenue
through imposition or levy.
1. Thus, a bill introducing a new tax is a
revenue bill, but a provision in, for
instance, the Videogram Regulatory
Board law imposing a tax on video
rentals does not make the law a revenue
bill.
Bills of local application A bill of local
application, such as one asking for the
conversion of a municipality into a city.
is deemed to have originated from the
House provided that the bill of the
House was filed prior to the filing of the
bill in the Senate even if, in the end, the
Senate approved its own version.
Limitations:

1. For appropriation bills:
a. Congress cannot increase the
appropriations recommended by the
President for the operation of the
Government as specified in the budget.
b. Each provision or enactment in the
General Appropriations Bill must relate
specifically to some particular
appropriation therein and any such
provision or enactment must be limited
in its operation to the appropriation to
which it relates
c. The procedure in approving
appropriations for Congress shall
strictly follow the procedure for
approving appropriations for other
departments and agencies.
d. A special appropriations bill must
specify the purpose for which it is
intended and must be supported by
funds actually available as certified by
the National Treasurer or to be raised by
a corresponding revenue proposal
therein.
2. Transfer of appropriations:
1. Rule No law shall be passed
authorizing appropriations any transfer
of
2. BUT the following 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
a. President
b. President of the Senate
c Speaker of the House of
Representatives d. Chief of Justice of
the Supreme Court
e. Heads of the Constitutional
Commissions
3. Discretionary funds appropriated for
particular officials shall be:
a. Disbursed only for public purposes:
b. Should be supported by appropriate
vouchers; and
c. Subject to guidelines as may be
prescribed by law.
4. If Congress fails to pass General
Appropriations Bill (GAB) by the end of
any fiscal year:
● The GAB for the previous year is
deemed reenacted
● It will remain in full force and
effect until the GAB is passed by
Congress.
5. For law granting tax exemption
● It should be passed with the
concurrence of a MAJORITY of
ALL the members of Congress.
6. For bills in general
a. Every bill shall embrace only one (1)
subject, as expressed in the title thereof
1. As a mandatory requirement
The title does not have to be a complete
catalogue of everything stated in the bill.
It is sufficient if the title expresses the
general subject of the bill and all the
provisions of the statute are gemmane
to that general subject.
A bill which repeals legislation regarding
the subject matter need not state in the
title that it is repealing the latter. Thus, a
repealing clause in the bill is considered
germane to the subject matter of the
bill.
POWER TO DELEGATE
EMERGENCY POWERS
-in times of war or other national
emergency the congress may by law
authorized the president to exercise
powers necessary improper to carry out
a declared national policy however there
are limitations
LIMITATION:
power will be exercised for a limited
period only subject to restrictions
prescribed by congress
Expiration of emergency powers: this
may be withdrawn by a resolution of
Congress
POWER TO DETERMINE THE RULES OF
ITS PROCEEDINGS
-rules of procedures are the rules made
by the lawmaking body to regulate the
manner of conducting its deliberations
The election of the officers and penalty
to be imposed on members are proper
subject of the rules of procedures
POWER TO CONDUCT INQUIRIES
Legislative Inquiry - this is the process
held in the congress conducted to
compulsory obtained requisite
information from witnesses in the aid of
legislation. in other words legislative
hearings enable to public to know and
understand the problem which a
proposed law is seek
LIMITATION:
The inquiries must be in Aid of
Legislation
If the purpose of the investigation is to
determine the violations of the law the
investigation is no longer in aid of
legislation but in aid of prosecution this
violates the principle of separation of
powers and it's beyond the scope of
congressional powers
it must be in accordance with the duty
published rules of procedures of the
congress
The rights of the person appearing shall
be respected
QUESTION HOUR
An inquiry conducted to obtain
information from the heads of
departments on matters pertaining to
programs activities and management of
the department.
LIMITATION:
Men heads not required to appear
against their will or when prohibited by
the president
1. In order to become a law, each bill
must pass three (3) readings in both
Houses
2. General rule Each reading shall be
held on separate days & printed copies
thereof in its final form shall be
distributed to its Members three (3)
days before its passage.
3. Exception: If a bill is certified as
urgent by the President as to the
necessity of its immediate enactment to
meet a public calamity or emergency,
the 3 readings can be held on the same
day.
4. First reading- only the title is read, the
bill is passed to the proper committee
Second reading Entire text is read and
debates are held, and amendments
introduced.
Third reading - only the title is read, no
amendments are allowed. Vote shall be
taken immediately thereafter and the
yeas and nays entered in the journal
Veto power of President:
1. Every bill in order to become a law,
must be presented to and signed by the
President.
2. If the President does not approve of
the bill, he shall veto the same and
return it with his objections to the House
from which it originated. The House
shall enter the objections in the Journal
and proceed to reconsider it.
3. The President must communicate his
decision to veto within 30 days from the
date of receipt thereof. If he fails to do
so, the bill shall become a law as if he
signed it.
4. This rule eliminates the 'pocket veto'
whereby the President would simply
refuse to act on the bill.
1. To OVERRIDE the veto, at least 2/3 of
ALL the members of each House must
agree to pass the bill. In such case, the
veto is overriden and becomes a law
without need of presidential approval.
2. Item veto
3. The President may veto particular
items in an appropriation, revenue or
tariff bill.
4. This veto will not affect items to
which he does not object.
5. Definition of item
TYPE BILL ITEM
OF
B Limitations:
1. Revenue/tax bill Subject of the tax
and the tax rate imposed thereon
2. Appropriations bill dedicated to a
stated purpose Indivisible sum
Veto of RIDER
1. A rider is a provision which does not
relate to a particular appropriation.
stated in the bill.
2. Since it is an invalid provision under
Section 25(2), the President may veto it
as an item.
Specific limitations on legislation
1. No law shall be enacted increasing
the Supreme Court's appellate
jurisdiction without the SC's advice and
concurrence.
2. No law shall be enacted granting titles
of royalty or nobility.
Section 28. POWER TO TAX
-This is EXERCISED BY THE CONGRESS IT MANDATES THE
CONGRESS TO HAVE THE PROGRESSIVE SYSTEM of Taxation
. Within the framework of the national
Progressive system - all taxpayers ensure that the
same rates on the same levels of taxable income
The overall effect the people with higher income pay
higher taxes
1) The rule of taxation should be
UNIFORM
2) It should be EQUITABLE
3) Congress should evolve a
PROGRESSIVE system of taxation.
4) The power to tax must be exercised
for a public purpose because the power
exists for the general welfare
5) The due process and equal protection
clauses of the Constitution should be
observed.
Delegation of power to fix rates
1) Congress may. BY LAW, authorize the
President to fix the following:
a) Tariff rates
b) Import and Export Quotas
c) Tonnage and warfage dues
d) Other duties and imposts
development program of the
Government 2) The exercise of such
power by the President shall be within
the specified limits fixed by Congress
and subject to such limitations and
restrictions as it may impose.
Constitutional tax exemptions:
1) The following properties are exempt
from REAL PROPERTY taxes
(CODE: Cha Chu M-CA)
a) Charitable institutions
b) Churches, and parsonages or
convents appurtenant thereto
c) Mosques
d) Non-profit cemeteries; and
e) All lands, buildings and improvements
actually, directly and
Exempted From tax:
Charitable institutions
Churches
Mosques
Non-profit cemetery
Lands and buildings and improvements
of revenues, Donation,Grants
contributions and assets of
Non-education institution directly and
exclusively used for religious, charitable
or educational
TAKE NOTE! THE CONGRESS CANNOT
PASS THE TAX EXEMPTION WITHOUT
CONCURRENCE OF MAJORITY OF ITS
MEMBERS
Section 29: POWER OF THE PURSE
works
To make it simpler this power works like
your mom and your allowance. You can
have your allowance unless your mom
opens her purse she may also place
limits on how you spend.
the congress does this also when they
allocate money to certain agencies an
appropriation law is necessary before
public funds may be spend by the
government for its projects
The congress can also refused to
increase the budget recommended by
the president the congress is also not
allowed to appropriate public funds for a
religious purpose
No money shall be paid out of the:
1. National Treasury EXCEPT in
pursuance of an appropriation
made by law.
a) This places the control of public
funds in the hands of Congress.
b) BUT: This rule does not prohibit
continuing appropriations. e.g. for debt
servicing. This is because the rule does
not require yearly, or annual
appropriation
2. Limitations.
a) Appropriations must be for a PUBLIC
PURPOSE
b) Cannot appropriate public funds or
property, directly or indirectly, in favor of
(1) Any sect. church, denomination, or
sectarian institution or system of
religion or
() Any priest, preacher. minister, or other
religious teacher or dignitary as such.
EXCEPT if the priest, etc is assigned to:
the Armed Forces: or any penal
institution; or government orphanage or
leprosarium
BUT the government is not prohibited
from appropriating money for a valid
secular purpose, even if it incidentally
benefits a religion, e.g. appropriations
for a national police force is vald even if
the police also protects the safety of
clergymen.
INITIATIVE AND REFERENDUM
1) Through the system of initiative and
referendum, the people can directly
propose and enact laws or approve or
reject any act or law or part thereof
passed by the Congress or local
legislative body.
2) Required Petition
a) Should be signed by at least 10% of
the total number of registered voters
b) Every legislative district should be
represented by at least 3% of the
registered voters
c) Petition should be registered

d) ALSO, the temporary use of public

property for religious purposes is valid,
as long as the property is available for
all religions

3. Special Funds

a) Money collected on a tax levied for a

special purpose shall be treated as a
special fund and paid out for such
purpose only.

b) Once the special purpose is fulfilled

or abandoned, any balance

shall be transferred to the general funds

of the Government

Section 32.