THE LEGISLATIVE DEPARTMENT much confusion as to how the constitution is to be

amended
Section 1. The legislative power shall be vested in the
Congress of the Philippines which shall consist of a Senate 2. Membership of the JBC.(Sec 8(1) Art VIII Members of the
and a House of Representatives, except to the extent reserved JBC is confusing because one member would come from the
to the people by the provision on initiative and referendum. – Congress, since there are two houses, we don’t know how to
new addition to this sec treat membership in the JBC (alternative ngayon, tapos naging
dalawa)
35 & 73 – it is only the first sentence
Original constitution – unicameral congress • Instances where the Constitutional Commission
Amendments – when bicameral congress was created made adjustments to be in tune with the bicameral
system:
Sec 1 – where the power resides
1. Sec 4, Article VII - in case of tie, etc. when congress acts
• The provision on initiative and referendum is found as electoral tribunal
in Section 32. 2. Sec 9, Article VII - nominees to replace vice president, etc.
in case of vacancy in the position of vp (Ex: arroyo)
Delegates to the convention were divided into committees 3. Sec 18, Article VII – On the proclamation of Martial Law: “…
(committees of preamble, legis, exec, etc) to work the Congress may, voting jointly etc..” – this recognizes that
independently. there are two houses of congress
Everybody was working on a unicameral congress until they
worked on art 6. • What is legislative power? Authority to make laws,
Unicameral suggestion lost by one vote. alter and repeal them. All of the versions of the
Bicameral congress of the 1987 congress was voted 22-23 constitution grants the legislative plenary power which
When it was decided that it was bicameral, there were means whole/ unlimited power unless the organic act
provisions for unicameral. has lodged it elsewhere as in the case of legislative
power of the electorate in the exercise of initiative &
• Instances of failure to adjust to the decision to referendum
adopt a bicameral legislature:
• The extent of the plenary power of Congress.
1. Amendment of the constitution maybe proposed by (1) General
congress upon a vote of three fourth of all its members
(Sec 1(1),Art XVII); That’s why we have a difficulty in • Principle of non-delegability of legislative power.
amending the constitution by constitutional assembly
because Congress cannot decide by themselves if they are • Rule making power or a law-execution function. Are
going to vote as a whole or as independently – there is powers which are vested in the administrative bodies
• Under what conditions may the rule making power • Two kinds of legislative power. ORIGINAL –
be not violative of the principle of non-delegability. possessed by the sovereign people. DERIVATIVE -
For as long as the statute making the delegation is power delegated by the sovereign people to the
complete by itself by setting forth the policy to be legislative bodies. CONSTITUENT - power to amend or
implemented (main law that is crafted) revise the constitution. ORDINARY - power to pass
ordinary laws.
• Under what conditions may violation of such rules
and regulation be punished as a penal offense The • Holders of legislative power.
IRR carries with it violation of the IRR itself or the main 1. People themselves but confers this to the legislature
statute 2. Legislature holding derivative power
1. When such violation be made a crime by the 3. People themselves holding initiative and referendum power
delegating statute in the main statute where it is 4. President who exercises emergency legislative power when
already provided that the violation of an act is a crime. given by Congress to him.
2. That the penalty be provided by the statute itself.
Section 2. The senate shall be composed of twenty
• Checks and balances. Separation of powers – four senators who shall be elected at large by the qualified
legislation belongs to the legislative; execution to the voters of the Philippines, as maybe provided by law. 
executive; settlement of legal controversies to the
judiciary. Separation is not total thereby the principle of Section 3. No person shall be a Senator unless he is
checks and balances meaning no one department is a natural born citizen of the Philippines, and, on the day of the
able to act without the cooperation of at least one of election, is at least thirty five years of age, able to read and
the other department. write, a registered voter, and a resident of the Philippines for
not less than two years immediately preceding the day of the
• Purpose. The purpose of checks and balances and election.
separation of powers is to avoid the concentration of  
powers in one department and thereby to avoid Section 4. The term of office of the Senators shall be
tyranny. The downside of too much checks and six years and shall commence, unless otherwise provided by
balances – inefficiency and gridlock. law, at noon on the thirtieth day of June next following their
election.
• Legislative power remains to be a limited power. No senator shall serve for more than two
Subject to the limitations provided by the Constitution consecutive terms. Voluntary renunciation of the office for any
itself such that found in the bill of rights, allowable length of time shall not be considered as an interruption in the
subjects of legislation, procedural limitation of continuity of his service for the full term for which he was
legislation such that which prescribes the manner of elected.
passing bills and the form they should take.  
 Section 5. (1) The House of Representatives shall be getting portions of a territory and putting them into one
composed of not more than two hundred and fifty members, legislative district even if they are not contiguous.
unless otherwise fixed by law, who shall be elected from • "Unless otherwise fixed by law“ means that the total
legislative districts apportioned among the provinces, cities, number of HoR may be increased through
and the Metropolitan Manila area in accordance with the reapportionment resulting to the creation of new
number of their respective inhabitants, and on the basis of a districts (which never happened yet)
uniform and progressive ratio, and those who, as provided by • Benigno Aquino v. COMELEC, GR No. 189793, April
law, shall be elected through a party list system of registered 7, 2010:
national, regional, and sectoral parties or organizations.-- This Aquino was questioning another creation of district of
number is not absolute because there may be districts to be the son of Arroyo. SC: while the constitution provides a
created therefore the total numbers of representatives shall population for a city, it does not so require for
increase proportionately legislative districts and so does in provinces where
(2) The party list representatives shall constitute twenty requirement may be less.
per centum of the total number of representatives including • Two kinds of representatives District & Party-list
those under the party list. For three consecutive terms after representatives. Sectoral – wala na yun
the ratification of this constitution, one half of the seats • Ang Bagong Bayani v. COMELEC, GR No. 147589,
allocated to the party list representatives shall be filled, as June 26, 2001 it settled the question of which parties
provided by law, by selection or election from the labor, and organizations are qualified to be voted for in party-
peasant, urban poor, indigenous cultural communities, list elections. SC: the intent of the constitutional
women, youth, and such other sectors as may be provided by commission and of RA 7941 was not to allow all
law, except the religious sector. – this paragraph is no longer association participate indiscriminately in the system
effective but to limit participation to parties or organizations
(3) Each legislative district shall comprise, as far as representing the marginalized and underprivileged
practicable, contiguous, compact and adjacent territory. Each because the party-list system is a social justice tool.
city with a population of at least two hundred fifty thousand, or • Bernas disagrees. There is no such ideological
each province, shall have at least one representative. requirement found in the article neither does RA 7941
(4) Within three years following the return of every prescribes it. The decision is one instance of judicial
census, the congress shall make a reapportionment of legislation.
legislative districts based on the standards provided in this • BANAT vs. Comelec, GR 179271, April 21, 2009. 2
section. percent threshold prescribed in RA 7941 will be used
  only to compute the guaranteed seats for party-list
Interregum – a period during which the normal functions of ranked based on the number of votes garnered. Banat
government or control are suspended reiterated the commentary of Bernas that neither the
Gerrymandering – manipulating the boundaries of electoral constitution or the law prohibit the major political parties
constituency so as to favor one class or party; it connotes in participating decision: the decision but because the
SC had to come up with enough votes to overturn a
 doctrine which was already enunciated in Bagong Paglaum v. Comelec held that regional or sectoral
Bayani, it has to come up with more than 8 votes in the candidates need not represent the marginalized or
senate but failed. The ratio of party-list representatives underrepresented. In his commentary, in Bagong
to the number of district representatives is 20 percent. Bayan v Comelec, it was held that only those parties
Number of party list representatives must be and nominees who belong to the marginalized and
proportionally increased every time there is an increase underrepresented were qualified to hold party-list
in district representatives. seats. The intent of the constitution is clear, to give
• Atong Paglaum vs Comelec (GR No. 203766, April genuine power to the people not only by giving more
2, 2013): the national and regional parties, when law to those less in life but by enabling them to be
included in the system, must also have the lawmakers themselves.
disadvantage of being “marginalized and
underrepresented” – but not necessarily in the sense of • (Ocampo v. HRET ( GR No. 158466, June 15, 2004).
being economically disadvantaged. It is in this case SC: a candidate who received the second highest
that opened the gates of members of political parties to number of votes cannot assume the office of the
already participate in party-list elections. That’s where candidate who received the highest number of votes
the national and regional parties come in. There was a but was disqualified. To do so would violate the most
quarrel in the definition of marginalized and basic precept of republicanism and democracy, it would
underrepresented. Ponente of this case came up with advocate the massive disenfranchisement of the
another definition of marginalized: that those national majority of the voters.
and regional parties who cannot win district elections
(therefore, may now participate in party-list) and Section 6. No person shall be a member of the House
underrepresented It says that the original meaning of of Representatives unless he is a natural born citizen of the
those words refers only to economically Philippines and, on the day of the election, is at least twenty
disadvantaged–stand of CJ Panganiban. This case five years of age, able to read and write, and, except the party
held: regional or sectoral candidates need not to list representatives, a registered voter in the district in which
represent marginalized or underrepresented, it was he shall be elected, and a resident thereof for a period of not
enough that their members advocate common less than one year immediately preceding the day of the
ideologies and principles regardless of their economic election.
status as citizens. Sadly the court became literal no  
longer liberal, it interpreted the words marginalized and • The qualification requirement is residence not
underrepresented primarily in their electoral sense that domicile. Residence is a place of abode whether
is to benefit those who cannot win, secondary only the permanent or temporary. Domicile means permanent
sense of social justice that is to give more law to those residence without which one when absent has the
who have less in life. intention to return.
• Who ‘bastardized’ the party-list? – Artemio • Romualdez-Marcos v. COMELEC, 119976,
Panganiban, Inquirer, June 2, 2019. First, Atong p- September 18, 1995. Imelda ran for Congress in 1995,
 the opponent is saying that she has no residence. She which shall begin, unless otherwise provided by law, at noon
is disqualified because she has not resided in Leyte on the thirtieth day of June next following their election.
one year before the day of the election. When she No member of the House of Representatives
married Ferdinand, they resided in San Juan. When shall serve for more than three consecutive terms. Voluntary
Ferdinand became President, they resided in renunciation of the office for any length of time shall not be
Malacanang. In the meantime, she had not established considered as an interruption in the continuity of his service for
her residence in Leyte. It is this issue which was the full term for which he was elected.
brought to the SC. SC: present domicile is the domicile
of origin. Leyte is the domicile of origin of Imelda for  Term – Tenure: TERM is the period during which an
purposes of residence requirement for representative. official is entitled to hold office as provided by law; can be
The one year period is irrelevant because by legal changed only by a constitutional amendment. TENURE is
fiction, wherever she maybe she is a resident of her the period during which the official actually holds his office;
domicile of origin. Imelda was born and raised in Leyte, can be shortened can be shortened by death or removal
that is her permanent residence or domicile then by term
legal fiction that is her domicile of origin for purposes of
qualifying her to ran for representative.  The Fair Elections Law (RA 9006, Feb 12, 2001)
provides that if you run for a position that is a position you
• Aquino v. COMELEC, GR No. 120265, September are not holding upon filing your certificate of candidacy,
18, 1995. Makati was split in two districts. Butch Aquino you have deemed to have abandoned your position. Any
went in Makati and in his certificate of candidacy, he elective public official whether national or local running for
placed there as a residence in the district where he any office other than the one he is holding in a permanent
was running. And that was questioned. The SC said capacity shall not be considered resigned – not applicable
that Aquino has not re-established his residence in to appointive public official.
Makati because he was not a resident of Makati one
year prior the election. • Parinas v executive secretary. Case involving the fair
elections law. In 2001, the Congress passed a law “Fair
• Domino v. COMELEC, GR No. 134015, July 19, elections Act” where no one noticed a certain provision
1999. Domino was from Ilocos Sur. He ran in Quezon saying that when a public elected official, whether national
City. Nobody questioned his residence qualification, but or local running for an office other than the one he is
he lose anyway. In 1998, he went to Saranggani and holding in permanent capacity shall not be considered
ran for an elective position. The Supreme Court did not resigned
allow him to do so because he was able to establish his
residence in Saranggani one year before the election. Section 8. Unless otherwise provided by law, the
regular election of Senators and Members of the House of
Section 7. The members of the House of Representatives shall be held on the second Monday of May.
Representatives shall be elected for a term of three years
 Section 9. In case of vacancy in the Senate or in the Ex: a member of congress is playing golf in Baguio, he
House of Representatives, a special election may be called to was sued, can he be arrested? No. Because even if he
fill such vacancy in the manner prescribed by law, but the is attending a golf course, yet for as long as the
Senator or Member of the House of Representatives thus congress is in session, he cannot be arrested
elected shall serve only for the unexpired term.
• Parliamentary privilege of speech. No member of
• R.A. 6645 (1987) declaration of vacancy by the HoR. Congress shall be questioned, nor being held liable in
From the time of declaration only it has to do is to any other place for any debate in Congress or
forward this to the COMELEC and within 60 or 90 days, committee thereof. May he be sued in Tuguegarao and
the COMELEC is mandated to call for a SPECIAL be held liable in a speech he made in Tuguegarao? He
ELECTION. cannot. He can only be questioned in that speech in
that committee in Congress. The statements made
Section 10. The salaries of Senators and Members of the must be related to the official discharge of official duties
House of Representatives shall be determined by law. No
increase in said compensation shall take effect until after the Section 12. Members of the Senate and the House of
expiration of the full term of all the members of the Senate and Representatives shall, upon assumption of office, make a full
the House of Representatives approving such increase. disclosure of their financial and business interests. They shall
notify the house concerned of a potential conflict of interest
• Meaning of "until after the expiration of the full that may arise from the filing of a proposed legislation of which
term. Kapag lahat ng nagapprove nakaalis na lahat sa they are authors.
HR or the Senate – that is only the time that the
increase may be implemented. Section 13. No Senator or Member of the House of
Representatives may hold any other office or employment in
Section 11. A Senator or Member of the House of the government, or any subdivision, agency, or instrumentality
Representatives shall, in all offenses punishable by not more thereof, including government-owned or controlled
than six years of imprisonment, be privileged from arrest while corporations or their subsidiaries, during his term without
the congress is in session. No member shall be questioned forfeiting his seat. Neither shall he be appointed to any office
nor be held liable in any other place for any speech or debate which may have been created nor the emoluments thereof
in congress or in any committee thereof. increased during the term for which he was elected.

• Privilege from arrest: in all offenses punishable by not May a senator or member of the HoR hold any other office
more than 6 years of imprisonment. If 6 years and during his term? YES. Provided that he must forfeit his seat.
above, privilege of arrest shall not be qualified.
• Case in point: Appointment of Honasan to the
• While Congress is in session DICT. Honasan was a senator of the republic. It was
 that time that the law creating the DICT was passed by Time where president also appears to give his sona // they
the Congress. would meet everybday except Saturdays, Sundays and legal
holidays
• Butch Abad. Butch Abad was elected to the HoR Last session – pil bye session
representing Batanes in 1987. He was convinced by Regular session in the 1935 consti – 100 days but now it had
Cory to accept the portfolio of Agrarian Reform. He been whole year except for that what is called Mandatory
accepted. He forfeited his seat. Unfortunately, when his Recess which is 30 days before the next regular session.
appointment was forwarded to the Commission on Sine die – adjournment is the last adjournment of congress (30
Appointments, he was rejected. He forfeited his seat, days before nest session)
therefore could no longer go back.  
  Section 16. (1) The senate shall elect its President
Section 14. No Senator or Member of the House of and the House of Representatives its speaker, by a majority
Representatives may personally appear as counsel before any vote of all its respective members. Each house shall choose
court of justice or before the electoral tribunals, or quasi such other officers as it may deem necessary. The manner of
judicial and other administrative bodies... this is not a blanket election of the members of the congress has always been
prohibition for lawyer members of congress to practice their traditionally off limits to the courts because the court said that
profession. it is a political exercise and these should be left to be decided
• What is prohibited is personal appearance in court on their own.
(Section 14.)...Neither shall he, directly or indirectly,
be interested financially in any contract with, or in any • Santiago v. Guingona, GR No. 134577, November
franchise or special privilege granted by the government, or 18, 1998. Question to the election of Guingona as
any subdivision, agency, or instrumentality thereof, including minority leader. Tatad questioned it and went to the
any government owned or controlled corporation, or its court. The court said courts may not interfere in the
subsidiary, during his term of office. He shall not intervene in internal affairs of the legislature. It is not within the
any matter before any office of the government for his province of the courts to direct congress how to do its
pecuniary benefit or where he may be called upon to act on work
account of his office.
• Avelino v. Cuenco, 83 Phil. 17 (1949). Court again
Section 15. The congress shall convene once every refused to assume jurisdiction of a problem in congress
year on the fourth Monday of July for its regular session,  
unless a different date is fixed by law, and shall continue to be (2) A majority of each house shall constitute a quorum
in session for such number of days as it may determine until to do business, but a smaller number may adjourn from day to
thirty days before the opening of its next regular session, day and may compel the attendance of absent members in
exclusive of Saturdays, Sundays and legal holidays. The such manner, and under such penalties, as such house may
president may call a special session at anytime. provide. 50 plus 1 – majority
A motion to adjourn for lack of quorum is not debatable. You the lapse of time. SC held that the journal must be
only have to know if there is a quorum or none. followed. SC said extraneous evidence or evidence
outside the journal cannot be accepted to contest what
• (Pimentel v. Senate, GR 187714, March 8, 2011). is provided in the journal. The journal always prevails
(3) Each house may determine the rules of its
proceedings, punish its members for disorderly behavior, and • Mabanag v. Lopez-Vito, 78 Phil. 1 (1947). The
with the concurrence of two thirds of its members, suspend or contents of the journal is in conflict with what is in the
expel a member. A penalty of suspension, when imposed, enrolled bill. Journal against extraneous evidence,
shall not exceed sixty days. journal shall be followed. Journal against enrolled bill,
enrolled bill shall be followed. SC: a duly authenticated
• Osmena, Jr. v. Pendatun, 109 Phil. 63 (1960). bill imports absolute verity and is binding on the courts
Disciplinary proceedings were initiated in the HoR – enrolled-bill rule.
against Cong Osmena for a speech he had delivered
on the floor of congress. In a petition filed in the SC, • An enrolled bill. It is a copy of a bill that has been
the court reviews and interferes because the legislature already approved by the House of Representatives and
has absolute control over its rules. the Senate bearing the signature of the speaker and
secretary of the HoR and the Senate president and the
(4) Each house shall keep a journal of its proceedings, secretary of senate on its way to Malacanang ready to
and from time to time publish the same, excepting such parts be transmitted to the president for review and
as may, in its judgment, affect national security; and the yeas signature.
and nays on any question shall, at the request of one fifth of
the members thereof, be entered in the journal. Each house (5) Neither house during the sessions of the congress
shall also keep a Record of its proceedings. shall, without the consent of the other, adjourn for more than
three days, nor to any other place than that in which the two
• A journal / A record. JOURNAL is a summary of houses shall be sitting.
proceedings of Congress published daily. (while
session is on-going, there are stenographers taking Section 17. The Senate and the House of
down) The duty to keep a journal is to ensure publicity Representatives shall each have an electoral tribunal which
of the proceeding of the legislature as well as to shall be the sole judge of all contests relating to the election,
provide proof of what actually transpired. RECORD is a returns and qualifications of their respective members...
word for word record of the proceedings. Record is also
published but it takes time before it is given. • Function of the Electoral Tribunals. Sole judge of all
• US v. Pons, 34 Phils. 729 (1916). Pons was sued for a contests relating to the election, qualification and
crime and his defense was the law is unconstitutional returns of their respective members.
because it was approved after the session of congress. Note: there must be an election contest ex: a defeated
But accd to the journal, that law was approved before candidate must challenge the credential of a member
 not only to dislodge him but to take his seat. If there is constitutionally created. It has the power to promulgate
no election contest, the legislative body itself, not the its own rules and are not under the supervision of
tribunal may inquire into the credentials of a member congress. The decisions of the tribunals are not subject
and judge his qualifications. You don’t go the to appeal to the SC unless it is to determine grave
COMELEC to question a candidate already proclaimed. abuse of discretion amounting to lack or excess of
jurisdiction.
• There must be an election contest. There is no case
if there is no contest. Section 18. There shall be a Commission on
Appointments consisting of the President of the Senate, as ex
(Sect 17)...Each electoral tribunal shall be composed officio chairman, twelve senators and twelve members of the
of nine members, three of whom shall be justices of the House of Representatives,
supreme court to be designated by the Chief Justice, and the
remaining six shall be members of the Senate or the House of • The function of the Commission. Is to consent into or
Representatives, as the case maybe,... confirm nomination or appointments submitted to it by
the president. This is intended to serve as an
• Composition. 3 justices. 6 members of the congress administrative check on the appointing authority of the
either Senate or HoR. Senior member of the SC shall President. Commission shall act within 30 days upon
be the presiding officer. submission

(Sect 17)...who shall be chosen on the basis of • Composition. President of the senate as ex-officio
proportional representation from the political parties or chairman. 12 members of the senate, 12 members of
organizations registered under the party list system the HoR.
represented therein. The senior justice in the electoral tribunal
shall be the chairman. (Sect 18)... elected by each house on the basis of
proportional representation from the political parties or
• How chosen. By election. Elected in accordance with organizations registered under the party list system
proportional representation of their political parties. represented therein. ...
More members more representation. Ex: 1 political
party – all 6 shall come from that political party; 2 How chosen. The same as that of ET. Senate
political parties then equally divided president shall not vote except only in cases of tie.

• Bondoc v. Pineda, 166 SCRA 651 (1988). Bondoc Guingona v. Gonzales, 214 SCRA 789 (1992).
Peninsula
(Sect 18)...The chairman of the commission shall not
• Tribunals are independent constitutional creations. vote, except in case of a tie. The commission shall act on all
They are independent from the congress; they are appointments submitted to it within thirty session days of the
congress from their submission. The commission shall rule by congress. The power of legislative investigation was
a majority vote of all the members. expressly provided in the 1973 and 1987 constitution.

Section 19. The electoral tribunals and the • Limitations of the power: it must be in aid of
commission on appointments shall be constituted within thirty legislation; in accordance with published rules; rights of
days after the senate and the House of Representatives shall people appearing before it must be respected.
have been organized with the election of the President and the
Speaker. The Commission on Appointments shall meet only • Bengzon, Jr. v. Senate Blue Ribbon Committee, 203
while the congress is in session, at the call of the chairman or SCRA 767 (1991). Senator Enrile delivered a privilege
a majority of all its members, to discharge such powers and speech before senate saying that the properties of
functions as are herein conferred upon it. Kokoy Romualdez is being spirited in favor od Lopa
Group of Companies, brother in law of tita cory. He
Section 20. The records and book of accounts of the moved that the Senate Blue Ribbon Committee must
congress shall be open to the public in accordance with law, conduct an inquiry in aid of legislation. This matter
and such books shall be audited by the Commission on Audit reached the SC. SC: nowhere in the speech of Enrile
which shall publish annually an itemized list of amounts paid to said that the purpose of the inquiry is for legislation. He
and expenses incurred for each member. did not mention privilege of speech of any impending
legislation which may be done by virtue of this
In practice, you have to ask the HoR if you want to look at the investigation.
book of accounts.
• Bernas disagrees: the power of congress is plenary.
Section 21. The Senate or the House of Any subject matter provided that it is for legislation, that
Representatives or any of its respective committees may is the jurisdiction of congress. Enrile need not specify
conduct inquiries in aid of legislation in accordance with its that the investigation in aid of legislation be conducted
duly published rules of procedure. The rights of persons when there is already an investigation, then the
appearing in or affected by such inquiries shall be respected. members of the congress will find out what the
legislation could be had out of the investigation.
• Arnault v. Nazareno, 87 Phil. 29 (1950). Although
there is no express provision in the 1935 consti Section 22. Heads of departments may, upon their
investing in congress the power of investigation, the own initiative, with the consent of the President, or upon the
power of inquiry will process to enforce it as an request of either house, appear before and be heard by such
essential and appropriate auxiliary to the legislative house on any matter pertaining to their departments. Written
function. Even if there was no section 21 in the 1935 questions shall be submitted to the President of the Senate or
constitution, the power to conduct inquiry in aid of the Speaker of the House of Representatives at least three
legislation is inherent in the legislative power of days before their scheduled appearance. Interpellations shall
not be limited to written questions, but may cover matters
related thereto. When the security of the state or the public Congress oversight functions. As when Congress inform in
interest so requires and the President so states in writing, the how the department heads are implementing the statutes
appearance shall be conducted in executive session. which congress has issued. In such instances, in keeping with
the separation of powers, congress may only request the
This is usually done under the power of the house – either the appearance.
senate or the house – to renew budget that is given to a
particular department. But since this is more of a procedure in Section 23. (1) The Congress, by a vote of two thirds
the parliamentary system, this has not yet been done. of both houses in joint session assembled, voting separately,
shall have the sole power to declare the existence of a state of
• In the 1935 Constitution, the whole tenor was war.
permissive. "power to declare war“/ "power to declare the
• In re: EO 464 - Senate v. Ermita, GR No. 169777, existence of a state of war".
April 20, 2006. EO 464- prohibiting cabinet officials,
bureaucrats, police and military officials for appearing (2) In times of war or other national emergency, the
in congressional hearing without executive clearance. congress may, by law, authorize the President, for a limited
The senate went to the SC. Ermita was then the period and subject to such restrictions as it may prescribe, to
executive secretary. The SC invalidated Sec 2 b and exercise powers necessary to carry out a declared national
sec 3 banning the cabinet officials from peering in policy. Unless sooner withdrawn by resolution of the congress,
congressional hearing for testimonies of by congress in such powers shall cease upon the next adjournment thereof.
aid of legislation. In effect, the decision clarified that
congress may compel officials to appear in hearings in A delegated emergency powers of the President. Congress
aid of legislation, that the president can ban officials may pass a law to authorize the president to exercise powers
from appearing in congress during question hour on necessary to carry out a declared national policy. If it is
inquiries not related to pending legislations. intended to address a particular short period, only during the
emergency, because the last sentence Unless sooner
• Sections 21 and 22 do not pertain to the same withdrawn by resolution of the congress, such powers shall
power of congress. Section 21 specifically relates to cease upon the next adjournment thereof., a law that was
the power of congress to conduct inquiries in aid of passed by congress can only be rendered of offect of another
legislation. The aim of which is to illicit information that law to be passed by congress. This law however, can only be
may be used for legislation. When congress requires withdrawn by resolution of congress. Such powers shall cease
the appearance of the department heads, their to exist upon the next adjournment thereof.
appearance is mandatory if it is aid of legislation.
• Relate to Section 17, Article XII as clarified in the
case of David vs. Arroyo, GR 171396, May 3, 2006.
Section 22 pertains to the power to conduct a question hour – The SC clarified that this powers is not given only by
the objective of which is to obtain information in pursuit of the President but by the Congress itself.
Bernas was still of the opinion that executive can come up with Section 25. (1) The Congress may not increase the
this emergency power. appropriations recommended by the president for the
operation of the government as specified in the budget. The
It is the Congress that determines and declares the national form, content, and manner of preparation of the budget shall
policy, it is the Congress that empowers the president, it is the be prescribed by law. It would seem from the deliberation of
congress that gives the president specific powers to yield, it is the constitutional commission that the prohibition to increase
the congress that says the restrictions of such powers, it the refers only to the presidential budget and not the budget for
congress that can take away the power congress or judicial.

What are the parameters of the delegated emergency powers (2) No provision or enactment shall be embraced in the
of the president? To address a national emergency for a general appropriations bill unless it relates specifically to some
limited period and it may be withdrawn by resolution only or it particular appropriation therein. Any such provision or
may cease in the next adjournment. enactment shall be limited in its operation to the appropriation
to which it relates. What is prohibited is inserting a provision
Section 24. All appropriation, revenue or tariff bills, without amount.
bills authorizing the increase of the public debt, and private
bills shall originate exclusively from the House of (3) The procedure in approving appropriations for the
Representatives, but the senate may propose or concur congress shall strictly follow the procedure for approving
amendments. appropriations for other departments or agencies.
(4) A special appropriations bill shall specify the
• Tolentino v. Sec. of Finance, 235 SCRA 630 (1994). purpose for which it is intended, and shall be supported by
The case discussed the meaning of origination from the funds actually available as certified by the national treasurer,
house and the scope of the power of the senate to or to be raised by a corresponding revenue proposal therein.
introduce amendments. Exclusivity of the prerogative of General appropriations act is the most important law that
the house means that the house alone can initiate the congress has to pass every year because it contains the
passage of the revenue bill. Such that if the house expenditures that the govt needs.
does not initiate one, no revenue law will be passed.  
Once the house approves a revenue bill, the senate (5) No law shall be passed authorizing any transfer of
can completely overhaul it by amendment of parts or appropriations; however, the president, the president of the
amendments by substitution. They can come out with senate, the speaker of the house of representatives, the chief
one completely different from what the house justice of the supreme court, and the heads of constitutional
approves. commissions may, by law, be authorized to augment any item
• Explicit limitations on the power to appropriate in the general appropriations law for their respective offices
Article 6 sec 24, 25, 29, Article 7 sec 22. Public money from savings in other items of their respective appropriations.
can be appropriated only for public purpose. Transfer of appropriations means from one dept to another.
However, under the cosnti, the president, senate president, estimate of revenues and funding sources, which are usually
speaker of the house, chief justice and head of con coms may (1) taxes, (2) capital revenues (like proceeds from the sales of
by law authorize to augment any item in the general assets), (3) grants, (4) extraordinary income (like dividends of
appropriations law for the respective from savings in other government corporations) and (5) borrowings.
items. Power of augmentation may be done if there are The budget also contains itemized public expenditures allotted
savings. to the three main branches of government (executive,
legislative and judicial) and the independent agencies
(6) Discretionary funds appropriated for particular (Commission on Audit or COA, Commission on Elections or
officials shall be disbursed only for public purposes to be Comelec, Office of the Ombudsman, etc.). The current budget
supported by appropriate vouchers and subject to such totals about P2 trillion.
guidelines as maybe prescribed by law. Often, the estimated revenues are exceeded by actual
receipts. These excess funds are referred to as
(7) If, by the end of the fiscal year, the congress shall “unprogrammed funds.” Examples are unexpected large
have failed to pass the general appropriations bill for the dividends from government institutions like the Social Security
ensuing fiscal year, the general appropriations law for the System and Government Service Insurance System. Often,
preceding fiscal year shall be deemed re-enacted and shall too, the estimated expenditures are not spent; hence “savings”
remain in force and effect until the general appropriations bill occur.
is passed by the congress. The DAP aims to pool these unspent funds, and uses them to
fund projects that stimulate the economy. Citing the World
• Araullo vs Aquino, G.R. No. 209287, February 03, Bank, the Supreme Court’s decision (p.36) acknowledged the
2015 it questioned the DAP. program’s success, saying that “the continued implementation
of the DAP strengthened growth by 11.8% year on year while
• The DAP decision by Artemio V. Panganiban infrastructure spending rebounded from a 29% contraction to a
Philippine Daily Inquirer, July 6th, 2014 Araullo vs 34% growth as of September 2013.”
Aquino (July 1, 2014, penned by Justice Lucas P. Unconstitutional acts. The Constitution states, “No public
Bersamin) declared unconstitutional four “acts and money shall be paid out of the Treasury except in pursuance
practices under the Disbursement Acceleration of an appropriation made by law.” Also, “No law shall be
Program, National Budget Circular No. 541 and related passed authorizing the transfer of appropriations…” Under
issuances.” It did not declare the DAP unconstitutional, these provisions, money allotted for one program, activity or
only the “acts and practices under” it, unlike Belgica vs project (PAP) cannot be spent for another PAP even if both
Ochoa (Nov. 13, 2013) which plainly declared the are in the GAA. Congress cannot even authorize “the transfer
Priority Development Assistance Fund unconstitutional. of appropriations” from one budget item to another.
The four are worded in deep legalese and need to be However, the Constitution allows one limited exception to that
explained for lay readers. rule:  “… [T]he President, the President of the Senate, the
Backgrounder. Annually, Congress approves the General Speaker of the House of Representatives, the Chief Justice of
Appropriations Act (GAA) or budget. In general, it contains an the Supreme Court, and the heads of the Constitutional
Commissions may, by law, be authorized to augment any item Accountability. As a rule, an unconstitutional “act or practice” is
in the [GAA] (or budget) for their respective offices from void and cannot give rise to any right or obligation. However,
savings in other items of their respective appropriations” (bold the Court held that the exception to this rule, the old “doctrine
types mine). This exception is called the power of of operative fact,” should be applied “in the implementation of
augmentation. the DAP.” (p.87)
The bulk of DAP funds may have been pooled in strict Under this doctrine, acts done in good faith pursuant to a law
adherence to this exception. However, the Court found that or executive act that is later declared unconstitutional would
these four “acts and practices” violated it: remain valid and enforceable. It also applies when the
(1) Only “actual savings” may be transferred from one budget nullification of such acts would result in an injustice. In short,
item to another item in the GAA. Savings are “actual” only unconstitutionality has prospective effects only.
when “(a) the PAPs (projects, activities or programs) for which Example: A bridge is constructed from illegally augmented
the appropriation had been authorized was completed, finally funds. The government officials who supervised in good faith
discontinued, or abandoned; or (b) there were vacant positions the construction cannot be forced to reimburse the
and leaves of absence without pay; or (c) the required or government. Neither may injustice be heaped on suppliers of
planned targets, programs and services were realized at a construction materials by refusing to pay them.
lesser cost because of the implementation of measures May the President, the “author” of the augmentation, be
resulting in improved systems and efficiencies.” (p.59) impeached? The Court did not take that up. Neither will I.
Thus, the “act or practice” of transferring funds “prior to the Impeachment is more political than legal. So, I will leave it to
end of the fiscal year,” which did not meet any of those three the politicians.
instances, were deemed unconstitutional.
(2) Augmentation can be made only for items allocated “for Doctrine of operative fact. As a rule, an unconstitutional
their respective offices,” that is, within the same branch or practice or act is void. It cannot give rise to any right or
office. Thus, the “act or practice” of transferring savings from obligation. However, the court held that the exception to this
the executive to the Congress, or to the Comelec, or to the rule, the old doctrine of operative fact should be applied in the
COA, being “cross-border” transfers, were declared implementation of DAP. Under this doctrine, acts done in good
unconstitutional. faith, pursuant to a law or executive act that is later declared
(3) The funding of PAPs that are not covered by any unconstitutional would remain valid and enforceable. It also
appropriation in the GAA is also unconstitutional because applies when the nullification of such acts would result in an
augmentation can be made only from one existing item to injustice. In short, unconstitutionality has prospective effects
another existing item in the budget. The President cannot use only.
budgeted funds for PAPs not found in the GAA.
(4) Unconstitutional also is the use of unprogrammed funds in Section 26. (1) Every bill passed by the congress shall
the absence of a legally required certification by the national embrace only one subject which shall be expressed in the title
treasurer that the revenue collections exceeded the “total of thereof.
the revenue targets.”
 • This requirement is mandatory. It is not directory. SECOND READING – debate
Compliance is essential of the validity of the legislation. After debate, it is approved on the second reading. It goes to
Why is it necessary? It is to prevent surprise and fraud printed copies/ final form.
on the legislature
THIRD READING – final reading; approval of the bill.
• Purpose.
 A Conference Committee. Is an extra-constitutional
(2) No bill passed by either house shall become a law creation of congress whose function is to propose to
unless it has passed three separate readings on separate congress ways of reconciling conflicting provisions found in
days, and printed copies thereof in its final form have been the senate version and in the house version of a bill.
distributed to its members three days before its passage, Conference Committee have merely delegated authority
except when the president certifies to the necessity of its from congress. Their proposals need confirmation by both
immediate enactment to meet a public calamity or emergency. houses.
Upon the last reading of a bill, no amendment thereto shall be
allowed, and the vote thereon shall be taken immediately Section 27. (1) Every bill passed by the congress
thereafter, and the yeas and nays entered in the journal. shall, before it becomes a law, be presented to the President.
If he approves the same, he shall sign it; otherwise, he shall
 Exception. Upon certification by the president of the veto it and return the same with his objections to the house
necessity of its enactment in order to meet a public where it originated, which shall enter the objections at large in
calamity or emergency, all the requirements are dispensed its journal and proceed to reconsider it. If, after such
with. What reqs are dispensed with? Yung 3 readings in reconsideration, two-thirds of all the members of such house
separate days. But there has to be printed copies, final shall agree to pass the bill, it shall be sent, together with the
form and there has to be votation. If a bill has to pass 3 objections, to the other house by which it shall likewise be
separate readings and separate days, a bill that is certified reconsidered, and if approved by two-thirds of all members of
by the president to be necessity to meet a public calamity that house, it shall become a law. ...
or emergency, not all the requirements are complied with. ...In all such cases, the votes of each house shall be
What are these necessity? There has to be an emergency determined by yeas or nays, and the names of the members
– conflagration, strong earthquake voting for or against shall be entered in its journal. The
President shall communicate his veto of any bill to the house
FIRST READING – bill is read for the first time in plenary (bill where it originated within thirty days after the date of receipt
no 245 by .. to the committee on.. ) immediately in the journal, thereof; otherwise, it shall become a law as if he had signed it.
it is read already and it is also stated in the journal where it is • Passage of bills.
referred to • Veto/ Override.
After the first reading it goes to the committee. Committee • Veto to be communicated within 30 days.
comes up with a report so it goes back to plenary
 (2) The President shall have the power to veto any actually, directly, and exclusively used for religious, charitable,
particular item or items in an appropriation, revenue, or tariff or educational purposes shall be exempt from taxation. The
bill, but the veto shall not affect the item or items to which he tac that should be exempted in here is the realty tax and that
does not object. property must be actually, directly and exclusively used for
religious, charitable and educational purposes.
• Item-veto: if an ordinary bill, if the president vetoes it, (4) No law granting any tax exemption shall be passed
he vetoes it completely. Appropriation bill – item-veto without the concurrence of a majority of all the members of the
because the appropriations law is an important law, it congress.
cannot be delayed
• Section 28 is not a grant of the power to tax. The
• Philconsa v. Enriquez. power to tax is an inherent right of the state
• Raise revenue.
• Doctrine of inappropriate provisions Any provision • General limitation.
which do not relate to any particular item or which • Specific limitations.
extends its item beyond an item of appropriation is • Delegated tax legislation.
constitutionally inappropriate • Tax exemptions for religious, charitable or
educational purposes:
• Executive impoundment after the appropriations law
is passed, it is now ready to be distributed to the Section 29. (1) No money shall be paid out of the
different dept by the dept of budget etc, still the treasury except in pursuance of an appropriation made by law.
president may not want to release it The reason why there should be a reenactment of the budget
– so that there will always be an appropriation law to be
Section 28. (1) The rule of taxation shall be uniform followed in disbursing money of the govt
and equitable. The congress shall evolve a progressive
system of taxation. Habang lumalaki ang sahod mo, tumataas • Philconsa v. Enriquez, 235 SCRA 506 (1994).
ang babayaran mo
(2) The congress may, by law, authorize the Thrice in the past, the SC has validated the country side
president to fix within specified limits, and subject to such development fund – beginnings of the pdaf. It was only
limitations and restrictions as it may impose, tariff rates, import recently when the sc declared the pdaf unconstitutional. At
and export quotas, tonnage and wharfage dues, and other the time the pdaf was being deliberated in the sc, there wa
duties or imposts within the framework of the national a big rally in luneta. The sc declared the pdaf
development program of the government. Because these fees unconstitutional, although thrice in the past, they have
changes very fast declared the cdf constitutional.
(3) Charitable institutions, churches and parsonages or
convents appurtenant thereto, mosques, non-profit (2) No public money or property shall be appropriated,
cemeteries, and all lands, buildings, and improvements paid, or employed, directly or indirectly, for the use, benefit, or
support of any sect, church, denomination, sectarian part thereof passed by the congress or local legislative body
institution, or system of religion, or any priest, preacher, after the registration of a petition therefore signed by at least
minister, or other religious teacher or dignitary as such, except ten per centum of the total number of registered voters, of
when such priest, preacher, minister, or dignitary is assigned which every legislative district must be represented by at least
to the armed forces, or to any penal institution, or government three per centum of the registered voters thereof.
orphanage or leprosarium. • RA 6735.

• General rule
• Exception. When such priest, preacher or minister is
assigned to the armed forces or to any penal institution.

(3) All money collected on any tax levied for a special

purpose shall be treated as special fund and paid out for such
purpose only. If the purpose for which a special fund was
created has been fulfilled or abandoned, the balance, if any,
shall be transferred to the general funds of the government. If
the money is collected for a specific purpose, it shall only be
for such purpose. If there is balance after the purpose has
complied with, then that balance must be placed in the general
fund.

Section 30. No law shall be passed increasing the

appellate jurisdiction of the Supreme Court without its advice
and concurrence.

• Sec. 30 does not prohibit congress from increasing

the jurisdiction of the supreme court. It has to be
with the concurrence of the SC.

Section 31. No law granting a title of royalty or nobility

shall be enacted.

Section 32. The Congress shall, as early as possible,

provide for a system of initiative and referendum, and the
exceptions therefrom, whereby the people can directly
propose and enact laws or approve or reject any act or law or