You are on page 1of 90

Article VI

Legislative Department
Legislative Power

Legislative power is essentially the authority of the


government to enact laws, repeal, or amend them as well.

Legislative power in the Philippines is vested in the


Congress, which consists of bicameral structure, namely:
the Senate and the House of Representative
Meaning of law
The term laws, as used previously, refers to the statutes
which are the written enactments of the legislature
governing the relations of the people among themselves or
between them and the government and its agencies.
Functions of laws
Through laws, the legislative defines the rights and duties
of citizens, imposes taxes, appropriates funds, defines
crimes and provides for their punishment, creates and
abolishes government offices, determines their jurisdiction
and functions, and in general, regulates human conduct and
the use of property for the promotion of the common good.
Under the 1987 Constitution, the power to make, propose or amend
laws is also extended to the people, in whom sovereignty resides,
through the mechanisms of initiative and referendum.

By Initiative, we mean that the authority is reserved to the people


through direct participation of the electorate in law-making
processes, either national or local level.

By Referendum, it means the process in which the people are


referred directly on any question of law passed by Congress or a
local legislative body for their approval or rejection.
Scope and Classification of the
Powers of Congress
1.General Legislative Power
A general legislative power of Congress is usually
undefined by the Constitution. This power refers to the
overall authority to enact laws for the people and the State,
unless the Constitution itself limits the subject matter on
which it may legislate.
2. Specific Powers
They are powers which the Constitution expressly
directs or authorizes Congress to exercise.

Among the specific powers of Congress as mandated by the


Constitution are:
a. Power to declare the existence of the state of war. (Art.
VI, Section 23 {1});
b.Power to delegate emergency powers to the President.
(Art VI, Sec. 23 {2});
c. Power to Appropriation (Art. VI, Sec 24-25);
d.Power to Taxation (Art. VI, Sec 28 {1-2});
e. Power to concur in treaties through the Senate and the
House of Representatives (Art. VII, Sec 21);
f. Power to concur the grant of Amnesty (Art. VII, Sec.
19); and
g. Power to act as Board of Canvassers for Presidential
and Vice-Presidential elections (Art VI, Sec. 4)
3. Implied Powers
From the meaning itself, implied powers are those
authority enjoyed by the legislature to effectively exercise
its constitutionally granted powers, like the power to
conduct investigation in aid of legislation (Sec 21), or to
determine the rules of its proceedings (Sec. 16 {3})
4. Generally Non-Delegable Powers
These are powers that are essentially inherent in the
Congress, which need no legislation or constitutional grant
to that effect. These fundamental powers of the State are
taxation, eminent domain, and police power.
Composition of Congress
The Senate
(1) Composition and election
It is composed of 24 Senators. They are elected at large
(nationwide) by the qualified voters, as may be provided by
law (Sec. 2). Unless otherwise provided by law, the regular
election of Senators shall be held on the second Monday of
May (Sec. 8)
(2) Term of office
It is six (6) years. It shall commence, unless otherwise
provided by law, at noon on the 30th day of June next
following election (Sec. 4, par. 1). The Constitution has a
similar provision with respect to the President and Vice-
President except that the hour and date of commencement
of their term of office cannot be changed by law.
(3) Qualifications
A Senator must be:
(a) a natural-born citizen of the Philippines;
(b) at least 35 years of age on the day of the election
(i.e., day of the balloting);
(c) able to read and write;
(d) a registered voter; and
(e) a resident of the Philippines for not less two (2)
years immediately preceding the day of the election (Sec.
3)
(4) Maximum of terms
In line with the state policy on equal access to
opportunities for public service and against political
dynasties (Art II, Sec. 6), a Senator is disqualified to
serve for more than two (2) consecutive terms (Sec.4,
par. 2)
The House of Representatives
(1)Composition and election/selection
It is composed of not more than 250 members popularly
known as “Congressmen”. They are elected from legislative or
congressional districts and through a party-list system. The party-
list representatives are filled by selection or election from the
labor, peasant, etc. and other sectors as may be provided by law,
except religious sector (Sec. 5[1]).

Unless otherwise provided by law, the regular election of the


members of the House of Representatives shall be held on the
second Monday of May (Sec. 8).
(2) Terms of office
It is three (3) years, to begin also, unless otherwise provided by the
law, at noon on the 30th day next following election (Sec. 7, par. 1).

(3) Qualifications
A representative must be:
(a) a natural-born citizen of the Philippines;
(b) at least 25 years of age on the day of the election
(c) able to read and write;
(d) except for a party-list representative, a registered voter in the
district in which he shall be elected; and
(e) a resident thereof for a period of not less than one (1) year
preceding the day of the election (Sec. 6)
(4) Maximum terms
The provisions are the same as those for Senators except
that the limit is for not more than three (3) consecutive
terms (Sec. 7, par. 2)
Term of Office and Tenure of Office

A term of office refers to the fixed period of service when an


elected official may validly keep his post. The term of office
is usually specified by the law.

A tenure of office, on the other hand, refers to the actual


period of service when an elected official holds the office.
Say, a congressman has resigned halfway his term, this is not
considered as an interruption, but the service is still regarded
his full term or his actual tenure. Thus, tenure is the actual
incumbency.
Party List System
The purpose of party list system is to bring the
government closer to people and assure that the
democracy really works in our society. Party list
representative system is a device of balancing the
representation in the election of the members to the House
of Representatives from marginalized or under represented
national, regional, and sectoral parties or organizations
duly recognized by the COMELEC.
Only organized and duly registered parties with the COMELEC
may participate instead of individual candidates. These are:

a. Sectoral Parties
These refer to organized groups of citizens whose principal
advocacy concerns and special interests are in these sectors,
namely: labor, peasant, urban poor, indigenous communities,
veterans, and elderly.

b. Sectoral Organizations
These organizations are groups of qualified voters bound
together by similar physical attributes or characteristics or by
employment, interests, or concerns.
c. Political Parties
These are organized groups of qualified voters pursuing
the same ideology, political ideas, and principles for
general conduct of the government.

d. Coalitions
Coalitions refer to aggregations of duly registered
national, regional, sectoral parties, or organizations for
political and/or electoral purposes.
Qualifications of a Party List Nominee
1. A natural-born citizen of the Philippines;
2. A registered voter;
3. A resident of the Philippines for a period of not less than one (1)
year immediately preceding the election day;
4. Able to read and write;
5. A bona fide member of the party he seeks to represent for at least
ninety (90) days preceding the election day;
6. A nominee shall come from a disadvantage group of citizens
which are organized and duly registered to the COMELEC; and
7. At least twenty-five (25) years of age on the Election Day.
In case of the youth sector, a nominee must be at least 25,
but not 30 years of age on the date of election.

Party list representatives are considered elected members


of the lower chamber, and as such, enjoy the same rights,
salaries, and emoluments as regular members of the
House. They shall serve for three (3) year term with the
maximum of three (3) consecutive or successive terms.
Vacancy in Congress
RA 6645 provides for “An Act Prescribing the Manner of Filling
A Vacancy in the Congress of the Philippines”, signed into a law by
then President Aquino on December 1987.

In case of vacancy arising in the Senate at least 18 months or in


the House of Representatives at least one year before the next regular
election for members of Congress, the COMELEC upon receipt of
certification of vacancy, shall call for special election. The Senator or
Member of the House of Representatives thus elected shall serve
only for the unexpired term.
The election shall not be earlier than 45 days nor later than 90
days from the date of such resolution.
Termination of Members of Congress
1. Voluntary renunciation of the office (Art. VI, Sec. 7 [21]);
2. Forfeiture of seat of a member in Congress during incumbency, in
case when he or she keeps another office or employment in the
government or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporation or
subsidiaries (Sec. 13);
3. A penalty of suspension may serve a member of the Congress for
disciplinary action as determined by each House’s rules proceeding
(Sec. 16{3}). Congress can punish any of its members for disorderly
conduct;
4. An Electoral Tribunal, through a resolution, may
disqualify a member of Congress in election contest (Sec.
17);
5. By means of resignation, death, incapacity, or
conviction which carries a penalty of disqualification to
hold office.
Compensation of Members of Congress
The salaries of the members of both Houses are fixed by law; it
may be increased, but the effectivity of such shall only be given to
the members after the full term of their respective offices has
elapsed. However, no decrease of salary of members can be
allowed, as they are entitled to the right to salary.
Art. XVIII, Sec. 17 reads, “The President of the Senate and the
Speaker of the House shall receive an annual salary of P 240,000,
and the Senators and the members of the House of Representatives
shall receive P204,000 each per year…”
Rights and Privileges of Members of Congress
The Constitutional rights and privileges of members of Congress
shall include the following:
1. Right to salary;
2. Freedom of speech and debate without question;
3. Freedom from arrest while the Congress is in session, except when
the offense of which a member is charged is punishable by more
than six years imprisonment; and
4. Parliamentary immunity. The aim of this privilege is to facilitate
that members of Congress can Effectively discharge their functions
without previous restraints.
Power of Congress
1.Over and above, the power to make laws and to pass
resolutions;
2.To approve appointments made by the President through
Commission of Appointments;
3.To decide cases of electoral protest involving its members
through an Electoral Tribunal;
4.To declare the existence of a state of war by 2/3 votes of
both Houses, voting independently;
5.To ratify treaties upon 2/3 votes of all members of
Congress, voting separately;
6. To grant the President emergency powers in times of war and
national distress;
7. To provide for the rules of presidential succession should the
speaker of the House fails to qualify;
8. To concur to a grant of amnesty by the President;
9. To exercise the power to override the veto power of the President;
10. To hear and decide cases of impeachment against high officials;
11. To exercise the power to amend or revise the Constitution;
12. To prescribe, define, and apportion the jurisdiction of lower
courts;
13. To determine or apportion seats of Legislative districts;
14. The power to tax and levy impositions;
15. To determine the disability of the President and the Vice-
President;
16. To break a knot on case when there is a tie for the position of
President of the Republic;
17. To cancel or extend Martial Law;
18. To investigate in aid of legislation;
19. To approve the annual budget of the government as prepared by
the Executive;
20. To determine the rules of proceedings and more.
Parliamentary Immunities
Art. VI, Sec. 2 provides two immunities, which a
member of Congress may enjoy in the exercise of his task
(while the Congress is in session). These are:
1.A Senator or a member of the House of Representatives
shall be privileged from arrest while the Congress is in
session; and
2.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.
The privileges are personal ones and may be waived. There
are, however, exemptions from parliamentary immunities:
a. Given gravity and seriousness of the offense committed,
any members of the Congress cannot invoke immunity
from arrest, when the penalty of the charge leveled
against him carries the penalty of more than six (6) years
imprisonment; and
b.When a member is not acting as a member of Congress,
but on his personal capacity.
Disabilities of Members of Congress
While the members of the legislative may be enjoy some
constitutional and statutory grants or privileges, they are likewise
constrained by some technical disqualifications. As provided under
Art. VI, Sec.14, the prohibitions are:

1. 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 administrative
bodies.
2. Any member shall not, either directly or indirectly,
show financial interests in any contract with the
government or any of its agency or instrumentality
thereof, including GOCCs, during his incumbency.
This includes government franchise.

3. Any member shall not intervene in any matter before


any office of the government for his own benefit.
Incompatible and Forbidden Office
By Incompatible office, we mean that no member of the
Congress may hold any other office in the government or its
subdivisions, agency, or any instrumentality thereof,
including government-owned or controlled corporation,
during his incumbency. A member of Legislative cannot be
appointed as a department secretary or a director of any
government positions while holding his position at the same
time, not unless he resigns.
By Forbidden office, we mean that no member of the
Congress can be appointed to any office created or the
emoluments of which have been increased during the term
for which he was elected. Under art. IX-B, Sec. 8 “no
elective officer or employee shall receive additional,
double, or indirect compensation unless specifically
authorized by law, nor accept without the consent of the
Congress any present emolument, office or title of any kind
from foreign government.”
Sessions of Congress

Art. VI, Sec. 15 reads:


“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
30 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.”
1.Regular Session
The Congress shall meet or convene once in every year
beginning on the fourth Monday of July for its regular
session, unless law fixes a different date. Once the
Congress has convened, the session continues for such
duration until thirty (30) days before the opening of the
next regular session, exclusive of Saturdays, Sundays,
and legal holidays.
2. Special Session
The Congress may be called upon by the President anytime to
consider some urgent and national concern. Some peculiar
characteristics include:
a. Special session has no definite or fixed date. It may be called
anytime;
b. Special session considers only one subject matter/agendum when
Congress is convened for the purpose;
c. Special session may also be called or convened by the Congress;
and
d. Special session normally is brief and attends only to the agenda
being called for.
3. Executive Session
In some rare cases, the Congress or the
President may call for a secret or close door
session when matters concerning national interest
are to be discussed.
Quorum and Business
Quorum is the required number of members of each House to
be present in order to legally transact a business. Each House shall
determine its own quorum. The Constitution requires that the
majority of each Houses may adjourn from day to day, and may
compel the attendance of absent members in such manner, and
other such penalties as each House may provide.

Both Houses shall elect their political leaders at the pleasure of


their members. The Senate shall determine its speaker by majority
votes of all its respective members.
Disciplinary Behavior
Under the Constitution, each House of Congress may determine acts
constituting disorderly behavior, and whether a Member should be
suspended or expelled. Each House is authorized under its Rules to punish
its member for disorderly behavior, and with the concurrence of two-thirds
vote of all kits members, suspend or expel an erring legislator. The
Constitution, however, limits the suspension to sixty days.
Internal Discipline
Internal Discipline is an inherent legislative power. The Court
once said: “If the power did not exist, it would be utterly impractible
to transact the business of the nation, either at all, or at least with
decency, deliberation, and order. The humblest assembly of men to
understood to posses this power, and would absurd to deprive the
councils of the nations of a like authority.”
Journal and Enrolled Bill
A journal is an official report of the legislative. It is written
business, which arises from all the legislative proceedings.

Art. VI, Sec. 16 (4)


“each House shall keep a journal of its proceedings, and from time
to time publish the same, expecting such parts as may in its judgment,
affect national security, and the years and nays on any question shall,
at the request of one-fifth of the member present be entered in the
journal. Each house shall also keep a record of its proceedings.”
An enrolled bill refers to a bill which has been duly
introduced, finally enacted by both House, signed by the
proper officers of each House, and approved by the President.
An enrolled copy bill is conclusive not only of its provisions,
but also of its due enactment. In case of conflict between the
journal and an enrolled bill, the latter prevails over the former,
save as to matter required by the Constitution to be enacted in
the journal.
Adjournment
Art. VI, Sec. 16 (5) adds, “neither the House during the
session of the Congress shall without the consent of the
other, adjourn for more than three (3) days, nor to any other
place than in which the two Houses shall be sitting.”
The Organization of Electoral Tribunal
Each House shall have and Electoral Tribunal, in which shall
be the sole judge of all contests relating to the election, returns,
and qualifications of their respective members. The
characteristics and composition are:
1. Each Electoral Tribunal shall be composed of nine members,
three 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;
2. Membership shall be chosen on the basis of the
proportional representation from the political parties, and the
parties or organizations registered under the party list system
represented therein;
3. The Senior Justice in the Electoral Tribunal shall be its
Chairman (Sec. 17);
4. Members enjoy security of tenure. It is co-terminus with
their legislative term of service;
5. The decision arrived at by the Electoral Tribunal shall be
final. It may be appealed though to the Supreme Court on the
cases or instances of certiorari, grave abuse of discretion;
6. The Electoral Tribunal shall have jurisdiction over election
contests by the members of the Senate and the House of
Representatives as the case may be. Pre-proclamation
concerns or issues are, however, the jurisdiction under
COMELEC.
Organization of the Commission on Appointments
The Congressional and Commission of Appointments (CA)
shall approve all appointments made by the Chief Executive to
various government positions. All appointments by the
President can only be pursued upon the consent of the
Commission on Appointments. The characteristics of the
Commission are as follow:
1. The Commission shall consist of the President of the
Senate, as ex-officio chairman, 12 Senators, and 12
members of the House of Representatives, elected by each
House on the basis of proportional representation;
2. The Chairman of the Commission shall not vote, except in
case of tie;
3. The Commission shall act on all appointments submitted to
it within 30 sessions days of Congress from their submission;
and
4. The Commission shall rule by a majority vote of all
members (Sec. 18)
Inquiries in aid of Legislation
“The Senate or the House of Representatives or any of its respective
Committee, may conduct inquiries in aid of legislation in accordance with
its duly published rules of procedure. The right of person appearing in or
affected by such inquiries shall be respected” (Sec. 21). The Senate Blue
Ribbon committee is an example.

The power of inquiry and investigation exists not only to enable


Congress to discharge effectively its primarily legislative and law-making
functions.
Limitations of the Investigative Power of Congress:
1. Inquiry shall be conducted only in aid of legislation;
2. The Constitutional right against self-incrimination to the person being
investigated shall not be violated;
3. The right to counsel shall be respected to the persons being investigated
in Congress;
4. Each House conducting the inquiry shall publish the rules of procedure
governing the investigation and shall be made known to the person
concerned; and
5. Such congressional inquiry shall not serve a member’s personal
aggrandizement.
Question Hour
The question hour is a parliamentary feature adopted
under our presidential system. The power of Congress to call
any head of a department, as its House Rules shall provide,
to appear before and be heard by the requesting.
Declaration of Existence of the State of War
Section 23 writes:
“The Congress by a vote of two thirds of both Houses in joint
session assembled voting separately, shall have the sole power to
declare the existence of a state of war.

In times of war or other national emergency, the Congress may, by


the law, authorize the President, on a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and
proper to carry out a declared national policy. Unless sooner
withdrawn, by resolution of Congress, such powers shall cease upon
the next adjournment thereof”
Appropriation Powers
The Administrative Code of 1987 defined appropriation
as an organized made by law or other legislative enactment,
directing payment out of government funds under specified
conditions and/or for special programs. Thus, an
appropriation bill aims to authorize the release of public
funds from treasury.
The following bills shall originate exclusively in the House of
Representatives, but the Senate may propose or concur with
amendments:
1.Appropriation bills
2.Revenue or tariff bills
3.Bills authorizing increase of public debt
4.Bill of local application
5.Private bill
A General Appropriation is an annual budget, which the Congress set
aside to appropriate the expenses for the general operation of the
government.
A Special Appropriation is a supplemental appropriation not contained
in the budget.
A Specific Appropriation is an appropriation sets aside a fixed amount
of money for the payment of a certain program.
A Continuing Appropriation refers to the named amount of money
which, when not appropriated at the end of the fiscal year, shall
automatically be accrued for the next calendar year.
Other Kinds of Appropriation
1. Tariff bill - is one that imposes revenues or customs duties for
specific purposes. But, a bill imposing high tariff rates in particular
foreign goods with the purpose to protect local goods on industries
against competition is not a revenue bill.
2. Bill authorizing income of the public debt - essentially, a bill,
which facilitates the government to issue bonds and other forms of
indebtedness, which will be chargeable from future public funds.
3. Bill of local application - a bill that directly allots to local or
municipal appropriation.
4. Private bill - a bill that affects purely private interests, like
indemnification to a person who suffered damages from the
negligence of the government or its agency or instrumentality
or any part thereof.
General Rules of Appropriation (See Art. VI, Sec. 25)
1. The Congress may not increase the appropriations recommended by
the President for the operation of the government as specified in the
budget;
2. No provision or enactment shall be embraced in the general
appropriation bill, unless it relates specifically to some parts/particular
of the appropriation therein;
3. The procedures in approving appropriations for the Congress shall
strictly follow the procedure for approving appropriations for other
departments and agencies;
4. A special appropriation bill shall specify the purpose for which it is
intended, and shall be supported by funds actually available;
5. No law shall be passed authorizing any transfer of appropriation, except
otherwise provided by law (Sec. 25{5})
6. Discretionary funds appropriated for particular offices or officers shall
be disbursed only for public use; and
7. if, at the end of any fiscal year, the Congress shall have failed to pass
the general appropriations bill for the ensuring fiscal year, the general
appropriation laws for the preceding fiscal year shall be deemed re-
enacted.
Budget
-refers to the financial statement or record of the central
government for an incoming fiscal year, including the
statements of the projected receipts from revenue collections
and expenditures for the year.

Rider
-is prohibited under the Constitution. A rider is a loose
provision or enactment being inserted in the general
appropriations bill, which does not form integral part of certain
appropriation contained therein.
Passage of a Bill
A bill is essentially a proposed law by the legislative
department. Each house may propose a bill, when the House of
Representatives proposes one, it shall be called a House Bill,
and when the Senate initiates a proposal, it shall be called a
Senate Bill.
The Hodge-podged legislation refers to any proposed
measure consisting of general or more unrelated subjects, but
are integrated in the proposal in order to guarantee support
from members of the Congress. The avoidance of logrolling
legislation is to ensure enough consideration and support from
the members in regard to the passage of a bill into law.
The passage of a bill into law follows strictly the
procedures:

1.First Reading
2.Second Reading
3.Floor Debates
4.Printing and Distributions
5.Third Reading
6.Transmitted to the Other House
7.Submission to Joint Bicameral Committee
8.Approval of Consolidated Bill by Both Houses
9.Submission to the President
10.Veto Power of the President
Veto Power of the President

Particularly:
a. Every bill must be presented and approved by the
President;
b.In case, the President disapproves a bill, he exercises veto
power and returns it, with his objection, to the House
where it originated;
c. In case the House, after such deliberation, considered the
bill as proposed, a 2/3 vote may carry its power to
override the veto.
Component Parts of a Law
1.Title – refers to the subject matter of the law, or the Act
carried by the legislative department, and the executive as
well.
2.Preamble – introduces the objectives for the enactment of
the Act and explains the general reasons for such
legislation.
3.Enacting Clause – refers to the collective and distinct will
of both Houses to enact an act or a bill. Enacting clause
specifically states the reason for the legislation Act.
4.Body – pertains to the total substance or content of the
proposed bill.
5. Effectivity Clause – indicates the time at which the law
shall take effect. Usually, a law will be enforced next
following the next 15-day publication requirement in a
newspaper of general circulation in the Philippines or in
the Official Gazette, not unless a date is fixed as to its
effectivity.
Title….
 HOUSE BILL NO. 5043
 AN ACT PROVIDING FOR A NATIONAL
POLICY ON REPRODUCTIVE HEALTH,
RESPONSIBLE PARENTHOOD AND
POPULATION DEVELOPMENT, AND FOR
OTHER PURPOSES
Enacting Clause
 Be it enacted by the Senate and the
House of Representatives of the
Philippines in Congress assembled:
Effectivity Clause
 SEC. 27. Effectivity. – This Act
shall take effect fifteen (15) days
after its publication in at least two
(2) newspapers of national
circulation.
Taxation

 is a means of raising funds for the operation of the


government, especially its public services. The
distribution of the tax burden should be equitable
or fair. This means a person has to pay taxes based
on his ability to pay. Taxes should serve as tools in
facilitating economic stability and growth.
Basis of Taxation
Under the Constitution, the rule of taxation (See Sec. 28)
shall include the following:
1.The rule shall be uniform and equitable;
2.The taxation should be based on progressive income
system;
3.The Congress may authorize the President to fix tariff rates,
import and export quotas, tonnage and wharfage dues, and
other duties and imports, subject to the limitation of the
Congress; and
4. Charitable institutions, churches and parsonages or
convents appurtenant thereto, mosques, non-profit
cemeteries and all lands, buildings, and improvements
actually, directly, and exclusively used for religious,
charitable, or educational purposes shall be exempt
from taxation.
Who are exempted from paying taxes?

Charitable institutions, churches and parsonages, or


convents appurtenant thereto, mosques, non-profit
cemeteries, and all other facilities used for religious and
educational purposes.
Limitations of the Power of Congress

1.Under Art. III based on the Bill of Rights:


a. That the Congress cannot pass laws impairing the
obligations of contrast (Sec. 10)
b.That no law shall impair the freedom of speech, of
press, and of expression (Sec. 10)
c. That no law shall be made respecting an establishment
of religion or prohibiting the free exercise thereof (Sec.
5)
d. No person shall be held liable to answer for a criminal
offense without due process of law (Sec. 14)
e. No person shall be imprisoned for debts or non-
payment of a poll tax (Sec. 20); and
f. No ex-post facto law or bill of attainder shall be enacted
(Sec. 22)
2. Under Art. VI, Sec. 29
a. Money shall be paid out the treasury, except in the
punishment of an appropriation made by law; and
b. No public money or property shall be appropriated,
applied or paid, or employed, directly or indirectly, for the use,
benefit, or support of any sect, church, denomination, sectarian
institution, or system of religion, or any priest, preacher,
minister or other preacher, minister or dignitary assigned to the
armed forces, or to any penal institution, or government
orphanage or leprosarium.
3. Art. VI, Sec. 30 states: “no law shall be passed increasing
the appellate jurisdiction of the Supreme Court as provided in
this Constitution without its advice and concurrence.”

4. Art. VI, Sec. 31 declares: “no law granting a royalty or


nobility shall be enacted.”

5. The Congress cannot pass law granting tax exemption in the


absence of the concurrence of the majority of all members of
the House.
Legislative Power of the People
The legislative department is no longer the sole
body or institution, which enact laws and pass
resolutions. Under the 1987 Constitution, the people
have the power to participate directly in legislating
laws through initiative and referendum.
Art. VI, Sec. 32 declares: “The Congress shall, as early as
possible, provides for a system of initiative and referendum,
and exemption therefrom, whereby the people can directly
propose and enact laws or approve or reject any act or part
thereof passed by the Congress or local legislative body after
the registration of a petition thereof signed by at least ten per
centum of the total number of registered voters, of which
every legislative district must be represented by at least 3 per
centum of the registered voters thereof.”

You might also like