POLITICAL LAW LEGISLATIVE DEPARTMENT

Legislative Power Referendum

 power to propose, enact, amend and  power of the electorate to approve or

repeal laws reject legislation through an election
 vested in the Congress except to the called for the purpose
extent reserved to the people by the
2 Classes of Referendum
provision on initiative and referendum
1. Referendum on Statutes
Initiative and Referendum
 petition to approve or reject an
 Registration of petition must be signed act or law, or part thereof,
by at least 10% of the total number of passed by Congress
registered voters. 2. Referendum on Local Laws
o Every legislative district must be  Petition to approve or reject a
represented by at least 3% of law, resolution or ordinance
the registered voters. enacted by regional assemblies
and local legislative bodies
Initiative
The following cannot be subject of an initiative
 power of the people to propose or referendum:
amendments to the Constitution
 power of the people to propose and  Petition has more than one subject.
enact legislation through an election  Statutes involving emergency measures
called for the purpose  Enactment is specifically vested
in Congress by the Constitution.
3 Systems of Initiative
 Cannot be subject to
1. Initiative on the Constitution referendum until 90 days after
 petition proposing amendments effectivity
to the Constitution Local Initiative (RA 6735, Sec. 13)
2. Initiative on Statutes
 petition proposing to enact a  Not less than 2,000 registered
national legislation voters in cases of autonomous regions
3. Initiative on Local Legislation  1,000 in provinces and cities
 Petition proposing to enact a  100 in municipalities
regional, provincial, city,  50 in barangays
municipal or barangay law,  May file a petition with the Regional
resolution or ordinance Assembly or local legislative body

Indirect initiative Limitations on Local Initiative

 exercise of initiative by the people  Shall not be exercised more

through a proposition sent to Congress than once (1) a year
or local legislative body for action

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POLITICAL LAW LEGISLATIVE DEPARTMENT

 Only subjects or matters within Qualifications of Senator

the legal powers of the local legislative
1. Natural-born citizen
bodies to enact
2. At least 35 years of age on the day of
 Initiative is cancelled.
the election
 If at any time before it is held, the
3. Able to read and write
local legislative body shall adopt in
4. Registered voter
toto the proposition presented.
5. Resident of the Philippines for not less
 If others are against it, they may
than 2 years immediately preceding the
apply for initiative if they so desire.
day of the election
Congress
Term of Office of a Senator
 Senate
 6 years
 House of Representatives
 Commencing at noon on the 30th day of
Basis Unicameral Bicameral June next following their election
Legislature Legislature  Cannot serve for more than 2
Meaning Form of gov’t Comprises 2- consecutive terms
that consist of tier o Voluntary interruption of office
only 1 assemblies
for any length of time shall not
legislative
house or be considered as an
assembly interruption in the continuity of
Powers Concentrated Shared his service for the full term for
System of Unitary Federal which elected.
Govt
Decision on Quick Consumes House of Representatives
Policies decision- time
making  Not more than 250 members unless
Deadlocks Rare Common otherwise provided by law
Suitable for Small Large  Consists of:
countries Countries 1. District representatives
Countries Ex. Sweden, Philippines,  Elected from legislative
Denmark, Ireland,
districts among the
Turkey Romania
provinces, cities and the
Metropolitan Manila
Senate area
2. Party-list representatives
 24 Senators  20% of the total
 Elected at large by the qualified voters number of
of the Philippines, as may be provided representatives, elected
by law through a party-list
system of registered
national, regional and

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POLITICAL LAW LEGISLATIVE DEPARTMENT

sectoral parties or  Each city with not less than 250,000

organizations inhabitants shall be entitled to at least 1
3. Sectoral representatives representative
 ½ of the seats allocated  Each province, irrespective of number of
to the Party-list inhabitants, is entitled to at least 1
representatives shall be representative.
filled, as provided by  A city must first attain the 250,000
law, by selection or population and thereafter, in the
election from the labor, immediately following election, such
peasant, urban poor, city shall have a district representative.
indigenous cultural (Victorino Aldaba v COMELEC, G.R. #
communities, women, 188078, March 15, 2020)
youth and such other  Each legislative district shall comprise,
sectors as may as far as practicable, contiguous,
provided by law, except compact and adjacent territory to
the religious sector. prevent gerrymandering.
 UNTIL A LAW IS PASSED
 The President Gerrymandering
may fill by
 A practice intended to establish
appointment
an unfair political advantage for
from a list of
a particular party or group by
nominees by
manipulating district
the respective
boundaries
sectors the
 Congress to make reapportionment of
seats reserved
legislative district within 3 years
for sectoral
following the return of every census
representation.
 Reapportionment of legislative districts
 Subject to
may be made through a special law.
confirmation by
 Congress cannot validly delegate the
the Commission
power to create legislative districts.
on
 The power to increase the allowable
Appointments
membership in the House of
Apportionment of Legislative Districts Representatives and to reapportion
legislative districts is vested exclusively
 Justiciable question in the Congress.
 Be made in accordance with the
number of respective inhabitants Qualifications in House of Representatives
among provinces, cities and Metro
1. Natural-born Filipino citizen
Manila area on the basis of a uniform
2. At least 25 years of age on the day of
and progressive ratio
the election
3. Able to read and write

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POLITICAL LAW LEGISLATIVE DEPARTMENT

4. Except the party-list representatives, a Representatives from national, regional

registered voter in the district in which and sectoral parties or organizations or
he shall be elected coalitions thereof registered with the
5. Resident for not less than 1 year Commission on Elections
immediately preceding the day of the
Party
election

Term of Office in House of Representatives  Either of the ff:

o Political party
 3 years o Sectoral party
 Commencing at noon on the 30th day of o Coalition of parties
June next following their election
 Shall not serve for more than 3 Political party
consecutive terms
 Organized group of citizens
Imelda Romualdez-Marcos v COMELEC, 248 advocating an ideology or platform,
SCRA 300 principles and policies for the
general conduct of government
1. A minor follows the domicile of his  Most immediate means of securing
parents. adoption, regularly nominates and
2. Domicile of origin is lost only when supports certain of its leaders and
there is actual removal or change of members as candidates for public
domicile. office
3. The wife does not automatically gain a. National Party
the husband’s domicile  Constituency is
spread over the
Coquilla v COMELEC, GR # 151914, July 31, 2002
geographical
 Petitioner lost domicile of origin when territory of at least
he became a US citizen after enlisting in a majority of the
the US Navy. regions.
b. Regional Party
Caasi v COMELEC, 191 SCRA 229  Constituency is
spread over the
 Immigration to the US by virtue of the
geographical
acquisition of a green card constitutes
territory of at least
abandonment of domicile in the
a majority of the
Philippines.
cities and provinces
Party-List System comprising the
region.
 RA 7941 (The Party-List System Act)
 Mechanism of proportional Sectoral Party
representation in the election of
representatives to the House of

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POLITICAL LAW LEGISLATIVE DEPARTMENT

 Organized group of citizens belonging to not later than 90 days before

any of the following sectors the election
o Labor
Grounds for Refusal and/or Cancellation of
o Peasant
Registration (after due notice and hearing)
o Fisherfolk
o Urban poor 1. Religious sect or denomination
o Indigenous cultural organized for religious purposes
communities 2. Advocates violence or unlawful
o Elderly means to seek its goal
o Handicapped 3. Foreign party or organization
o Women 4. Receiving support from any foreign
o Youth government, foreign political party,
o Veterans foundation or organization whether
o Overseas workers directly or through any of its officers
o Professionals or members, or indirectly through
third parties
Sectoral organization 5. Violates or fails to comply with
laws, rules or regulations relating to
 Group of citizens or a coalition of
elections
groups of citizens who share similar
6. Declares untruthful statements in
physical attributes or characteristics,
its petition
employment, interests or concerns
7. Ceased to exist for at least 1 year
Coalition 8. Fails to participate in the last 2
preceding elections
 Aggrupation of duly registered national, 9. Fails to obtain at least 2 % of the
regional, sectoral parties or votes cast
organizations for political and/or
election purposes Nomination of Party-List Representatives

Registration/Manifestation to Participate in  Shall submit to COMELEC not later than

the Party-List System 45 days before the election the list of
names not less than 5 from which party-
 Filing with the COMELEC not later than list representative shall be chosen in
90 days before the election case it obtains the required number of
o Petition verified by its president votes.
or secretary stating its desire to  A person may be nominated in one list
participate only.
 Any party already registered with the  Only persons who have given their
COMELEC need not register anew consent in writing may be named in the
o Only file manifestation to list.
participate with the COMELEC  The list shall not include:

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POLITICAL LAW LEGISLATIVE DEPARTMENT

o Any candidate for any elective

office or
Term of Office of Party-List
o a person who has lost his bid
for an elective office in the  3 years
immediately preceding election  Entitled to same salaries and
 No change shall be allowed after the list emoluments as regular members of the
shall have been submitted to the House of Representatives
COMELEC except in cases where
o the nominee dies Manner of Voting
o withdraws in writing his
 Every voter is entitled to 2 votes.
nomination
o For the candidate for member
o becomes incapacitated
of the House of Representatives
 The name of the substitute nominee
in his legislative district
shall be placed in the list.
o For the party, organization or
 Incumbent sectoral representatives in
coalition he wants represented
the House of Representatives who are
in the House of Representatives
nominated in the party-list system shall
 A vote cast for a party, sectoral
not be considered resigned.
organization or coalition not entitled to
Qualifications of Party-List Nominees be voted shall not be counted.

1. Natural-born citizen Party-list representatives shall constitute

2. Registered voter 20% of the total number of the members of
3. Resident of the Philippines for at least 1 the House of Representatives including
year immediately preceding the day of those under the party-list.
the election
Party-list representatives are proclaimed by
4. Able to read and write
the COMELEC based on the list of names
5. Bona fide member of the party or
submitted by the respective parties,
organization which he seeks to
organizations or coalitions to the COMELEC
represent for at least 90 days preceding
according to their ranking in the list.
the day of the election
6. At least 25 years of age on the day of Any elected party-list representative who
the election changes his political party or sectoral
7. For the youth sector affiliation during his term of office shall
a. At least 25 years of age but not forfeit his seat provided that if he changes
more than 30 years of age on his political party affiliation within 6 months
the day of the election before an election, he shall not be eligible
b. Any youth representative who for nomination as party-list representative
attains the age of 30 during his under his new party or organization.
term shall be allowed to
continue in office until the Vacany in Party-List shall be automatically
expiration of his term filled by the next representative from the

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POLITICAL LAW LEGISLATIVE DEPARTMENT

list of nominees in the order submitted to REGULAR SESSION

the COMELEC by the same party who shall
serve for the unexpired term.  Congress shall convene once every year
on the 4th Monday of July, unless a
If the list is exhausted, the party or different date is fixed by law, and
organization shall submit additional  shall continue for such number of days
nominees. as it may determine until 30 days
before the opening of its next regular
PRIVILEGES session
1. Freedom from arrest  exclusive of Saturdays, Sundays and
2. Privilege of Speech and of Debate legal holidays

Privilege from arrest SPECIAL SESSION

 While the Congress is in session  President may call anytime to consider

o All offenses punishable by not legislative measures.
more than 6 years JOINT SESSIONS
imprisonment
A. Voting Separately
DISQUALIFICATIONS a. Choosing the President
 Automatic forfeiture upon the b. Determine President’s disability
member’s assumption of such other c. Confirming nomination of the
office deemed incompatible with his Vice President
seat in Congress d. Declaring the existence of a
 The ban against appointment to the state of war
office created or the emoluments e. Proposing constitutional
thereof shall last only for the duration amendments
of the term for which the Congress was B. Voting Jointly
elected. a. Revoke or extend proclamation
 suspending the
OTHER PROHIBITIONS privilege of writ of
habeas corpus
 Personally appearing as counsel
 placing the Philippines
 Upon assumption of office, must make a
under martial law
full disclosure of financial aid and
business interests ADJOURNMENT
 Shall notify House concerned of a
potential conflict of interest that may  Cannot adjourn for more than 3 days
arise from the filing of a proposed without the consent of the other
legislation of which they are authors  Nor to any place than that which the
two Houses shall be sitting

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POLITICAL LAW LEGISLATIVE DEPARTMENT

Election of Senate President and Speaker of Enrolled Bill Theory

the House of Representatives
 An enrolled bill is one duly introduced
 Majority vote of all its respective and finally passed by both Houses,
members authenticated by the proper officers of
each and approved by the President
Quorum
Casco Chemical Co. v Gimenez 7 SCRA 347
 Majority of each House but a smaller
number may adjourn from day to day  If a mistake was made in the printing of
and may compel the attendance of the bill before it was certified by
absent members in such manner and Congress and approved by the
under such penalties as such House may President, the remedy is amendment or
determine corrective legislation, not a judicial
decree.
Avelino vs Cuenco 83 Phil 17
JOURNAL ENTRY v ENROLLED BILL
 Basis in determining the quorum in the
Senate shall be the total number of  Enrolled bill prevails, except as to
Senators who are in the country and matters which under the Constitution
within the coercive jurisdiction of the must be entered in the Journal
Senate
ELECTORAL TRIBUNALS
Discipline of Members in Congress
 3 Supreme Court Justices designated by
 Concurrence of 2/3 of all its members the Chief Justice
 Suspend for not more than 60 days  6 members of the house concerned
 Expel a member chosen on the basis of proportional
representation from the political parties
Matters which, under the Constitution are to registered under the party-list system
be recorded in the Legislative Journal and the  The Senior Justice shall be the
Congressional Record Chairman.
1. Yeas and nays on third and final reading HRET
of a bill
2. Veto message of the President  Non-partisan court
3. Yeas and nays on the repassing of a bill  Independent of Congress and devoid of
vetoed by the President partisan influence
4. Yeas and nays on any question at the  Disloyalty to the party and breach of
request of 1/5 of members present party discipline are not valid grounds
for the expulsion of a member.
 Membership may not be terminated
except for a just cause

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POLITICAL LAW LEGISLATIVE DEPARTMENT

 Sole judge of all contests relating to the of Congress before the petition may
election, returns and qualifications of be brought to Court.
their respective members
Commission on Appointments
 May assume jurisdiction only after the
winning candidate shall have been duly  shall act on all appointments
proclaimed, has taken his oath of office submitted to it within 30 session
and has assumed the functions of the days of Congress from their
office submission
 Does not carry with it the authority to  shall rule by a majority vote of its
delve into the legality of the judgment members
of the naturalization of respondent’s
 shall meet only while Congress is in
father
session
 Decisions may be reviewed by the
o at the call of its Chairman
Supreme Court upon showing of grave
o or a majority of all its
abuse of discretion in a petition for
members
certiorari filed under Rule 65 of the
 independent of the two Houses
Rules of Court
 employees are not, technically,
Sampayan vs Daza 213 SCRA 807 employees of Congress

 Daza’s term of office as a member of POWERS OF CONGRESS

Congress has expired on June 30, 1992.
1. General (Plenary) Legislative Power
 Petition should be filed with the
a. Substantive Limitations
COMELEC to cancel Daza’s certificate of
i. Express
candidacy and not in HRET.
1. Bill of rights
COMMISSION ON APPOINTMENTS 2. On
appropriati
1. Senate President as ex officio Chairman ons
2. 12 Senators 3. On taxation
3. 12 Members of the House of 4. On
Representatives, elected by each House constitution
on the basis of proportional al appellate
representation from the political parties jurisdiction
registered under the party-list system. of the
Supreme
Chairman shall not vote except in case of a
Court
tie.
5. No law
Doctrine of Primary Jurisdiction granting a
title of
 It is necessary that prior recourse royalty or
be made to the appropriate House nobility

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POLITICAL LAW LEGISLATIVE DEPARTMENT

shall be 1. When the

passed. President
ii. Implied approves
1. Non- the same
delegation and signs it
of powers 2. When
2. Prohibition Congress
against the overrides
passage of the
irrepealable Presidential
laws veto
b. Procedural Limitations
i. Only one subject Veto is overridden upon vote of 2/3 of all
members of the House of origin and the other
ii. Three reading on
separate days House.
c. Legislative Process No pocket veto.
i. Requirements as to
bills Partial veto is invalid.
1. Only one
2. Power of appropriation
subject to
3. Power of taxation
be
a. Charitable institutions and
expressed
all lands, building, and
in the title
improvements ACTUALLY,
2. Appropriati
DIRECTLY and EXCLUSIVELY
on, revenue
used for religious,
or tariff
charitable or educational
bills, bills
purposes shall be exempt
authorizing
from taxation.
increase of
b. All revenues and assets of
public debt,
non-stock, non-profit
bills of local
educational institutions
application
used ACTUALLY, DIRECTLY,
and private
and EXCLUSIVELY for
bills shall
educational purposes shall
originate
be exempt from taxes and
exclusively
duties.
in the
c. Law granting tax exemption
House of
shall be passed only with
Representa
the concurrence of the
tives
majority of all the members
ii. The bills becomes a
of the Congress.
law in any of the ff:

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POLITICAL LAW LEGISLATIVE DEPARTMENT

4. Power of legislative investigation  Frauds in commerce and industry

5. Question hour  Possession, preparation and use of
6. War powers (2/3 of both Houses in prohibited drugs and maintenance of
joint session, voting separately) opium dens
7. Power to act as Board of  Gambling and Betting
Canvassers in election of President
8. Power to call a special election for
President and Vice-President
9. Power to judge President’s physical
fitness to discharge the functions
of the Presidency
10. Power to revoke or extend
suspension of the privilege of the
writ of habeas corpus or
declaration of martial law
11. Power to concur in Presidential
amnesties (majority of all the
members of Congress)
12. Power to concur in treaties or
international agreements (at least
2/3 of all members of the Senate)
13. Power to confirm certain
appointments/nominations made
by the President (majority vote of
all the members of both Houses,
voting separately)
14. Power of impeachment
15. Power relative to natural resources
16. Power to propose amendments to
the Constitution

Immunity from Arrest

 Conspiracy and proposal to commit

treason
 Espionage
 Correspondence with hostile country
 Arbitrary detention
 Direct assaults
 Falsification of legislative documents
 False testimony against a defendant
 Machinations in public auctions

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