POLITICAL LAW REVIEW
KA-POLI NOTES What are the two kinds of legislative power?
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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”, defined
Legislative power is the authority to make laws and to alter
and repeal them. Vested by the Constitution in the Congress,
it is a derivative and delegated power.
Upon whom is the legislative power vested?
It 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.
What could be the reason behind the inclusion of people’s
initiative and referendum?
It can be used as an ultimate weapon of the people to negate
government malfeasance and misfeasance; thus, they put in
place an overarching system. Whereas, before, the power of
legislation was exclusively vested in Congress, which power
was wielded by Marcos during Marial Law and laws which
could have bridled the nation’s downslide from democracy to
authoritarianism to anarchy never saw the light of day. This
was the lesson the people learned in completely surrendering
the power to make laws to the legislature. When they enacted
the 1987 Constitution, the people became less trusting of
public officials.
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(1.) Original legislative power – Possessed by the sovereign
power;
(2.) Derivative legislative power – That which has been
delegated by the sovereign people to legislative bodies
and is subordinate to the original power of the people.
While comprehensive, the powers of the Congress remains
limited
Legislative power remains limited in the sense that it is subject
to substantive and constitutional limitations which
circumscribe both the exercise of the power itself and the
allowable subjects of litigation. The substantive constitutional
limitations are chiefly found in the Bill of Rights and other
provisions such as Sec. 3 or Art VI of the Constitution
prescribing the qualifications of candidates for senators.
Is the Legislative Power exclusively vested in the Congress?
RA 6735 (The Initiative and Referendum Law) envisions the
power of the people under a system of initiative and
referendum to directly propose, enact, approve or reject, in
whole or in part, the Constitution, laws, ordinances, or
resolutions passed by any legislative body upon compliance
with the requirements of this Act.
PEOPLE’S LEGISLATIVE POWER
THROUGH INITIATIVE AND REFERENDUM
Initiative
Power of the people to propose amendments to the
Constitution or to propose and enact legislation through an
election called for the purpose.
Classes of Initiative
(1.) Initiative of the Constitution – petition proposing
amendments to the Constitution;
(2.) Initiative on Statutes – petition proposing to enact a
national legislation; and
(3.) Initiative on Local Legislation – petition proposing to
enact a regional, provincial, city, municipal, or barangay
law, resolution or ordinance.
Local Initiative
Not less than:
• 2000 registered voters in case of autonomous regions;
• 1000 in case of provinces and cities;
• 100 in case of municipalities; and
• 50 in case of barangays,
may file a petition with the Regional Assembly or local
legislative body, respectively, proposing the adoption,
enactment, repeal, or amendment of any law, ordinance, or
resolution.
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Limitations on Local Legislative
(1.) Power of local initiative shall not be exercised more than
once a year;
(2.) Initiatives shall extend only to subjects or matters which
are within the legal powers of the local legislative bodies
to enact; and
(3.) If at any time, before the initiative is held, the local
legislative body should adopt in toto the proposition
presented, the initiative shall be cancelled.
Limitation on Local Legislative Body vis-à-vis Local initiative
Any proposition or ordinance approved through the system
of initiative and referendum shall not be repealed, modified,
or amended by the Sanggunian within 6 months from the date
of approval thereof, and may be amended, modified or
repealed within 3 years thereafter by a vote of ¾ of all its
members. In case of barangays, the period shall be 18 months
after approval.
Indirect Initiative
The exercise of initiative by the people through a proposition
sent to the Congress or the local legislative body for action.
Referendum
Power of the electorate to approve or reject legislation
through an election called for that purpose
Classes of Referendum
(1.) Referendum on Statutes – petition to approve or reject
an act or law, or part thereof, passed by the Congress;
and
(2.) Referendum on Local Laws – legal process whereby the
registered voters of the local government units may
approve, amend, or reject any ordinance enacted by the
Sanggunian.
What cannot be the subject of an initiative or referendum
petition?
(1.) No petition embracing more than one subject shall be
submitted to the electorate; and
(2.) Statutes involving emergency measures, the enactment
of which is specifically vested in Congress by the
Constitution, cannot be the subject to referendum until
90 days after effectivity.
Does the President have Legislative Power during the Martial
Law?
No. Under the 1987 Constitution, a state of martial law does
not suspend the operation of the Constitution, nor supplant
the functioning of the civil courts or legislative assemblies, nor
authorize the conferment of jurisdiction on military courts and
agencies over civilians where civilian courts are able to
function nor automatically suspend the privilege of the writ of
habeas corpus.
However, under the 1973 Constitution, the court has
previously held in Aquino, Jr. v. COMELEC that the legislative
powers of then President Marcos were derived from his
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martial law powers. He has plenary legislative power as martial
law administrator. Further, his exercise thereof was conceded
as valid in case of Sanidad v. Comelec. (It bears repeating that
the now 1987 Constitution rejects former case, and the latter
case was not decided within the ambit of the 1987
Constitution.)
THE SENATE
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.
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.
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.
What is the nature of Congress? What are its chambers?
Nature: Bicameral – composed of
(1.) Senate; and
(2.) House of Representatives
What is the composition of the Senate?
24 Senators, elected at large by the qualified voters of the
Philippines. (The number can be changed only by
constitutional amendment. The phrase “as may be provided
by law” has reference to the mechanics for their election, and
not their number.
What are the qualifications for Senators?
(1.) Natural-born citizen
(2.) At least 35 years of age on the day of the election
(3.) Able to read and write
(4.) Registered voter;
(5.) Resident of the Philippines for a period of not less than
2 years immediately preceding the day of the election
What is meant by “Residence”?
The place where one habitually resides, and to which, when
he is absent, he has the intention of returning.
The term “residence” as used in the election law is
synonymous with “domicile,” which imports not only intention
to reside in a fixed place but also personal presence in that
place coupled with conduct indicative of such intention.
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While “residence is domicile” in election laws, “domicile is not
residence” because domicile requires the fact of presence
coupled with the intention to remain (animus manendi) or
intention to return when absent (animus revertendi).
A person’s “domicile” once established is considered to
continue and will not be deemed lost until a new one is
established.
What is required to acquire a Domicile by Choice?
(1.) Animus Manendi – residence or bodily presence in the
new locality and an intention to remain there
(2.) Animus Non Revertendi – a bona fide intention to
abandon old domicile and establish a new one (and
definite acts which correspond to that purpose).
Are the qualifications of the members of the Congress
exclusive?
Yes. COMELEC cannot enlarge the Constitutional
Requirements.
The Court struck down Sec. 36(g) of RA 9165 (Dangerous
Drugs Act of 2002) as it effectively enlarges the qualification
requirements enumerated in Art. VI of the Constitution. As
couched, it requires a candidate for senator to be certified
illegal-drug clean, as a pre-condition to the validity of a
certificate of candidacy for senator, or with like effect, a
condition sine qua non not to be voted upon and, if proper,
be proclaimed as senator.
Are the qualifications of the members of the Congress
continuing requirements?
Yes. That is, they must be possessed for the entire duration of
the member’s incumbency.
What is a Senator’s term of office?
6 years, commencing at noon on the 30 th day of June next
following their election
What is the term limit?
No Senator shall serve for more than 2 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.
Pimentel Jr. vs. COMELEC
G.R. No. 161658. November 3, 2008
Facts:
➔ COMELEC issued Resolution No. 6486, prescribing the
rules and regulations on the mandatory drug testing of
candidates for public office.
➔ This was assailed by Kokonut Pimentel on the ground
that it is unconstitutional, invoking Sec. 3, Article VI of
the Constitution—or the Constitutionally mandated
requirements for someone to be able to run for Senator.
➔ According to Kokonut, by requiring the COMELEC issued
resolution, all candidates must first be certified as drug
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free. In addition, Kokonut averred that in authorizing the
Congress and/or COMELEC to expand the qualification
requirements of candidates for senator is
unconstitutional; therefore, invalid.
Issue: W/N the additional requirement of drug testing valid.
Held: No. Pimentel's contention is well-taken. Accordingly,
Sec. 36 (g) of RA 9165 should be, as it is hereby declared as,
unconstitutional. It is basic that if a law or an administrative
rule violates any norm of the Constitution, that issuance is null
and void and has no effect. The Constitution is the basic law
to which all laws must conform; no act shall be valid if it
conflicts with the Constitution.
In the discharge of their defined functions, the three
departments of government have no choice but to yield
obedience to the commands of the Constitution. Whatever
limits it imposes must be observed.
Congress' inherent legislative powers, broad as they may be,
are subject to certain limitations. In Government v. Springer,
it was held that the powers of the legislative department of
the Government, like the boundaries of the ocean, are
unlimited. In constitutional governments, however, as well as
governments acting under delegated authority, the powers of
each of the departments are limited and confined within the
four walls of the constitution or the charter, and each
department can only exercise such powers as are necessarily
implied from the given powers. The Constitution is the shore
of legislative authority against which the waves of legislative
enactment may dash, but over which it cannot leap.
Thus, legislative power remains limited in the sense that it is
subject to substantive and constitutional limitations which
circumscribe both the exercise of the power itself and the
allowable subjects of legislation.
The substantive constitutional limitations are chiefly found in
the Bill of Rights and other provisions, such as Sec. 3, Art. VI
of the Constitution prescribing the qualifications of
candidates for senators. In the same vein, the COMELEC
cannot, in the guise of enforcing and administering election
laws or promulgating rules and regulations to implement Sec.
36 (g), validly impose qualifications on candidates for senator
in addition to what the Constitution prescribes.
If Congress cannot require a candidate for senator to meet
such additional qualification, the COMELEC, to be sure, is also
without such power. The right of a citizen in the democratic
process of election should not be defeated by unwarranted
impositions of requirement not otherwise specified in the
Constitution.
Sec. 36 (g) of RA 9165, as sought to be implemented by the
assailed COMELEC resolution, effectively enlarges the
qualification requirements enumerated in the Sec. 3, Art. VI of
the Constitution. As couched, said Sec. 36 (g) unmistakably
 POLITICAL LAW REVIEW
requires a candidate for senator to be certified illegal-drug Qualifications of Senators, District Reps, and Party-List Reps
clean, obviously as a pre-condition to the validity of a Senators District Reps Party-List Reps
certificate of candidacy for senator or, with like effect, a 1. Natural-born Citizen
condition sine qua non to be voted upon and, if proper, be 2. At least 35y.o. At least 25,
proclaimed as senator-elect. on the day of the
election (Party-List Rep) Note: In case of the
Whether or not the drug-free bar set up under the challenged youth sector, he must be at least 25
provision is to be hurdled before or after election is really of but not more than 30. Any youth
no moment, as getting elected would be of little value if one sector rep who attains 30 during their
cannot assume office for non-compliance with the drug- term shall continue to be in office
testing requirement. until the expiration of his term.
3. Able to read and write
It ought to be made abundantly clear, however, that the 4. Registered Registered voter Registered voter
unconstitutionality of Sec. 36 (g) of RA 9165 is rooted on its voter in the district in
having infringed the constitutional provision defining the which he shall
qualification or eligibility requirements for one aspiring to run be elected
for and serve as senator. 5. Resident of Resident of the Resident of the
the Philippines district in which Philippines for a
Doctrine: The Congress cannot validly amend or otherwise for a period od he shall be period of not
modify the qualification standards set by the Constitution, as not less than 2 elected for a less than 1 year
it cannot disregard, evade, or weaken the force of a years period of not immediately
constitutional mandate, alter, or enlarge the Constitution. immediately less than 1 year preceding the
Thus, legislative power remains limited in the sense that it is preceding the imm. preceding day of the
subject to substantive and constitutional limitations which day of the the day of the election
circumscribe both the exercise of the power itself and the election election
allowable subjects of legislation. 6. A bona fide
member of the
Comparative Table of Composition, and Terms and Limits of party or
Office of the Members of the Congress organization
Senate HoR which he seeks
Composition to represent for
24 Senators Not more than 250 at least 90 days
members, unless otherwise preceding the
fixed by law elction.
Terms of Office
6 years 3 years
Term Limits
No Senator shall serve for No member of the HoR
more than 2 consecutive shall serve for more than 3
terms. Voluntary consecutive terms.
renunciation of the office Voluntary renunciation of
for any length of time shall the office for any length of
not be considered as an time shall not be
interruption in the considered as an
continuity of his service for interruption in the
the full term for which he continuity of his service for
was elected. the full term for which he
was elected.

POLI RECIT Qs / ARTICLE VI, SECTIONS 1 to 4

KA-POLI NOTES 2020-2021
Dione Maghirang / Lara Murallos / Tin Narne-Pedralvez / Fergie Villanueva