LEGISLATIVE

DEPARTMENT
Atty. JGC
Legislative Power
Article VI, Sec 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 provisions on
initiative and referendum.”

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Q:
A.
NO. Unlike in the 1935
Is Legislative constitution where the
legislative power is
Power exclusively exclusively vested in
vested in Congress, under the 1987
constitution, there is a
Congress? reservation made to the
people (initiative and
referendum). (Art VI,
Sec1).
Q: MAY THE PRESIDENT ENACT LAWS?

A: NO. Legislative power is vested in Congress.

Legislative power includes the power to ENACT,
AMEND, or REPEAL. The power vested on the
President is the EXECTIVE POWER or the power to
IMPLEMENT laws.

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PRESIDENT’S PARTICIPATION IN THE LAW-MAKING
PROCESS
WHEN HE CALLS FOR A
SPECIAL SESSION (ART VI.
SEC 15 )

WHEN HE EXERCISES HIS

VETO POWER (ARTICLE VI,
SEC 27 )

WHEN THE PRESIDENT CERTIFIES AS THE

URGENCY OF THE BILL TO MEET A PUBLIC
CALAMITY OR EMERGENCY. (ART VI, SEC 26
(2) )

WHEN THE PRESIDENT

WHEN THE PRESIDENT PREPARES A BUDGET WHICH
SIGNS A BILL THAT IS THE BASIS OF THE GENERAL
BECOMES A LAW (ART VI, SEC APPROPRIATIONS ACT. (ART VII,
27 ) SEC 22 )
 Q. What are the limitations on the
veto power of the President?
A. The Executive must veto a bill in its entirety or not at all. He or she cannot
act like an editor crossing out specific lines, provisions, or paragraphs in a bill
that he or she dislikes. In the exercise of the veto power, it is generally all or
nothing. However, when it comes to appropriation, revenue or tariff bills, the
Administration needs the money to run the machinery of government and it
can not veto the entire bill even if it may contain objectionable features. The
President is, therefore, compelled to approve into law the entire bill, including
its undesirable parts. It is for this reason that the Constitution has wisely
provided the “item veto power” to avoid inexpedient riders being attached to
an indispensable appropriation or revenue measure.

The Constitution provides that only a particular item or items may be vetoed.
The power to disapprove any item or items in an appropriate bill does not
grant the authority to veto a part of an item and to approve the remaining
portion of the same item. (Gonzales v. Macaraig, Jr., 191 SCRA 452, 464
[1990]) (Bengzon v. Drilon, 208 SCRA 133, 143-145, April 15, 1992,
En Banc [Gutierrez])

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 Q. May the President veto a law? May she veto a decision of
the Supreme Court which has long become final and
executory?
A. We need no lengthy justifications or citations of authorities
to declare that no President may veto the provisions of a law
enacted thirty-five (35) years before his or her term of office.
Neither may the President set aside or reverse a final and
executory judgment of this Court through the exercise of the
veto power. (Bengzon v. Drilon, 208 SCRA 133, 143-145, April
15, 1992, En Banc [Gutierrez])

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NON-LEGISLATIVE POWERS OF CONGRESS
POWER TO DECLARE THE
EXISTENCE OF A STATE OF
WAR (ART VI, SEC 23)
INVESTIGATIVE POWER /
POWER TO CONDUCT
INVESTIGATION (INQUIRIES
IN AID OF LEGISLATION)
POWER TO CONFIRM A
( ART VI, SEC 21 ) PRESIDENTIAL
APPOINTMENTS [THROUGH
COMMISSION ON
APPOINTMENTS] (ART VII,
SEC 16 )
POWER TO IMPEACH AND TO
TRY CASES OF
POWER TO PUNISH FOR IMPEACHMENT
CONTEMPT ART XI, SEC 3(1), ( ART XI, SEC
3(6)
COMPOSITION OF CONGRESS Senator HOR

Natural born

Able to read and write

SENATE – 24 SENATORS ELECTED AT LARGE;
Registered voter
o Term: 6 years
o Term limit: 2 Consecutive terms 35 years of age on 25 years of age on the day of election
the day of election

HOUSE OF REPRESENTATIVES – NOT MORE THAN 250 MEMBERS UNLESS OTHERWISE FIZED 2 years residence 1 year in the district he is
BY LAW
representing.
o Term: 3 years 6 years, 2 3 years; 3 consecutive term-limit.
consecutive term-
o Term limit: 3 consecutive terms limit

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What is the power of oversight?
A: Broadly defined, the power of oversight embraces all activities undertaken by Congress to
enhance its understanding of and influence over the implementation of legislation it has
enacted. Clearly, oversight concerns post-enactment measures undertaken by Congress:
to monitor bureaucratic compliance with program objectives;
to determine whether agencies are properly administered;
to eliminate executive waste and dishonesty;
to prevent executive usurpation of legislative authority; and
to assess executive conformity with the congressional perception of public interest

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Congressional Investigation

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May the Supreme Court inquire
into the motive of the Congress in
conducting legislative
investigations?
The “allocation of constitutional boundaries” is a task that this
Court must perform under the Constitution. Moreover, as held
in a recent case (Neptali A. Gonzales, et al. v. Hon. Catalino
Macaraig, Jr., et al., G.R. No. 87636, 19 November 1990, 191
SCRA 452, 463), “[t]he political question doctrine neither
interposes an obstacle to judicial determination of the rival
claims. The jurisdiction to delimit constitutional boundaries
has been given to this Court. It cannot abdicate that obligation
mandated by the 1987 Constitution, although said provision by
no means does away with the applicability of the principle in
appropriate cases.” (Section 1, Article VIII of the 1987
Constitution)

The Court is thus of the considered view that it has jurisdiction

over the present controversy for the purpose of determining the
scope and extent of the power of the Senate Blue Ribbon
Committee to conduct inquires into private affairs in purported
aid of legislation. (Bengzon, Jr. v. Senate Blue Ribbon
Committee, 203 SCRA 767, Nov. 20, 1991, En Banc [Padilla])

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May the Supreme Court inquire into
the motive of the Congress in
conducting legislative
investigations?
The power to conduct formal inquiries or investigations is
specifically provided for in Sec. 1 of the Senate Rules of
Procedure Governing Inquiries in Aid of Legislation. Such
inquiries may refer to the implementation or re-
examination of any law or in connection with any proposed
legislation or the formulation of future legislation.

They may also extend to any and all matters vested by the
Constitution in Congress and/or in the Senate alone. As
held in Jean L. Arnault v. Leon Nazareno, et al, (No. L-
3820, July 18, 1950, 87 Phil. 29), the inquiry, to be within
the jurisdiction of the legislative body making it, must be
material or necessary to the exercise of a power in it vested
by the Constitution, such as to legislate or to expel a
member. (Bengzon, Jr. v. Senate Blue Ribbon Committee,
203 SCRA 767, Nov. 20, 1991, En Banc [Padilla])

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 Immunities and privileges of
members of Congress

Sec 11, Article VI – “A senator of member of the HOR

shall, in all offenses punishable by not more than 6 years
imprisonment, be privileged from arrest while the
congress is in session. No member shall be questioned nor
be held liable in any other place for any speech or debate
in Congress or in any committee thereof.”
3 Privileges:
(1) Privilege from Arrest
(2) Freedom of speech and debate
(3) Freedom from search (see Article 145, RPC)

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 Q.
Accused-appellant Congressman Romeo G.
Jalosjos filed a motion before the Court asking
that he be allowed to fully discharge the duties of
a Congressman, including attendance at legislative
sessions and committee meetings despite his
having been convicted in the first instance of a
non-bailable offense. He contended that his
reelection being an expression of popular will
cannot be rendered inutile by any ruling, giving
priority to any right or interest – not even the
police power of the State. Resolve. (People v.
Jalosjos, 324 SCRA 689, Feb. 3, 2000, En Banc
[Ynares-Santiago])

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A: To allow accused-appellant to attend congressional
sessions and committee meetings for 5 days or more in a
week will virtually make him a free man with all the
privileges appurtenant to his position. Such an aberrant
situation not only elevates accused-appellant’s status to that
of a special class, it also would be a mockery of the purposes
of the correction system.

Xxx
Section 11, Article VI, of the Constitution provides: A Senator
or Member of the House of Representatives shall, in all
offenses punishable by not more than six years imprisonment,
be privileged from arrest while the Congress is in session.
xxx The immunity from arrest or detention of Senators and
members of the House of Representatives, arises from a
provision of the Constitution. The history of the provision
shows that the privilege has always been granted in a
restrictive sense. The provision granting an exemption as a
special privilege cannot be extended beyond the ordinary
meaning of its terms. It may not be extended by intendment,
implication or equitable considerations.

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 Legislative Contempt

General Rule: The power is Judicial in nature. It is an

inherent power of the court.
Exception: When exercised by the Congress or any
of its committees when conducting inquiries in aid of
legislation (legislative contempt), one can be held in
detention/sent to prison.

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 COMMISSION ON APPOINTMENTS

Section 18, Art VI – “There shall be a commission on Appointments consisting

of the President of the Senate as ex officio chairman, twelve senators and
twelve members of the House of Representatives, elected by each House on the
basis of proportional representation from the political parties and parties and
parties or organizations registered under the party-list system represented
therein. The chairman of the Commission shall not vote, except in case of a tie.
The commission shall act on all appointments submitted to it within thirty
session days of the Congress from their submission. The commission shall rule
by a majority vote of all the members.”

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

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 THE LEGISLATIVE PROCESS
1. PREPARATION
2. 2. FIRST READING
3. 3. COMMITTEE CONSIDERATION / ACTION
4. 4. SECOND READING
5. 5. THIRD READING
6. 6. TRANSMITTAL OF THE APPROVED BILL TO THE SENATE
7. SENATE ACTION ON APPROVED BILL OF THE HOUSE
8. CONFERENCE COMMITTEE
9. TRANSMITTAL OF THE BILL TO THE PRESIDENT
10. PRESIDENTIAL ACTION ON THE BILL
11. ACTION ON APPROVED BILL]
12. ACTION ON VETOED BILL

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