Article VI: Provisions (simplified) Section 2:

“The Senate shall be composed of twenty-four

Section 1: Senators who shall be elected at large by the
“The legislative power shall be vested in the Congress qualified voters of the Philippines, as may be
of the Philippines which shall consist of a Senate and provided by law.”
a House of Representatives, except to the extent
reserved to the people by the provision on initiative Senate
and referendum.” ⁃ While the Senate shall be composed of 24 Senators, it continues to function well
even in the physical absence of one of them whose liberty is validly restrained by
Legislative power law, and its duties of legislation are not affected thereby (Trillanes v. Pimentel
⁃ The authority, under the Constitution to make laws, and to alter and repeal them. It is [2008]).
vested in the Congress of the Philippines
⁃ The legislative power of Congress is plenary or general, subject only to such Section 3:
limitations, as are found in the Constitution. “No person shall be a Senator unless he is a natural-
born citizen of the Philippines and, on the day of the
General legislative power election, is at least thirty-five years of age, able to
⁃ Any power, deemed to be legislative by usage and tradition, is necessarily read and write, a registered voter, and a resident of
possessed by the Philippine Congress, unless the Constitution has lodged it the Philippines for not less than two years immediately preceding the day of the election.”
elsewhere.
Qualifications of a Senator
Delegated legislative power ⁃ These constitutionally prescribed qualifications of a Senator cannot be changed by
⁃ Merely delegated by the people. The authority to make laws and to alter or repeal law. The COMELEC cannot validly impose qualifications on candidates for senator in
them is inherent and original to the people and not to Congress. addition to what the Constitution prescribes. Requiring a candidate for Senator to be
certified illegal-drug clean as a condition sine qua non for candidacy is
Maxim of non-delegation of power, “delegata potestas non potest delegari” which means unconstitutional for adding another qualification layer to what the Constitution, at the
powers delegated cannot be further delegated. minimum, required for membership in the Senate (Pimentel v. Comelec).

Exceptions: The People, The President, Administrative Agencies, Local Governments Section 4:
“The term of office of the Senators shall be six
• Delegated power to the people years and shall commence, unless otherwise
Initiative and Referendum provided by law, at noon on the thirtieth day of
⁃ the people can directly propose and enact laws or approve or reject any act or law or June next following their election. No Senator
part thereof passed by Congress or local legislative body. shall serve for more than two consecutive
NOTE: R.A. 6735 (Initiative and Referendum Act) terms. Voluntary renunciation of the office for
any length of time shall not be considered as an
• Delegated powers to the President interruption in the continuity of his service for
1. delegated emergency powers the full term of which he was elected.”
2. delegated tariff powers
3. in a theater of war during martial law Senate is a continuing body because it is not dissolved as an entity with each national
election or change in the composition of its members. Senatorial elections are held every
• Delegated power to the Administrative agencies three years, with half of the 24 members of the Senate continuing to sit, while the
4. subordinate legislation other half are chosen in election.
5. rule-making power
6. contingent legislation Regular Election
7. IRRs pursuant to law execution 2nd Monday of May -- ‘unless otherwise provided by law’
1. when the law specifically states when the elections should be held on a date other
• Delegated powers to Local Governments than the second Monday of May;
8. local ordinances 2. when the law delegates the setting of the date of the elections to COMELEC.
9. purely local matters

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Special Election 3. Sectoral Parties or Organization. Parties whose principal advocacy pertains to the special
⁃ to fill a vacancy --‘in the manner prescribed by law’ interest and concerns of the sector they represent and majority of whose members belong to
⁃ depends on the law passed by Congress that sector.
⁃ the Senator elected shall serve only for the unexpired term
⁃ the holding of special election is not mandatory Sectors
marginalized and underrepresented
A senator who won in a special election and has served the unexpired term of another, no ⁃ labor, peasant, fisherfolk, urban poor, indigenous cultural communities, handicapped,
matter how short, shall be considered to have served one term for the purpose of computing veterans, overseas workers
the number of successive terms allowed by the Constitution (i.e., not more than two lack well-defined political constituencies
consecutive terms) [Borja v. Comelec, GR 133495 (1998)]. ⁃ professionals, the elderly, women, the youth

Section 5: Parameters of the Party-List System

“The House of Representatives shall be composed 1. 20% Allocation --the combined number of all party-list congressmen shall not exceed 20%
of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be of the total membership of the House of Representatives, including those elected under the
elected from legislative districts apportioned among the provinces, cities, and the party-list.
Metropolitan Manila area in accordance with the number of their respective inhabitants, and 2. Two Percent Threshold --(guaranteed seats) only those parties garnering a minimum of 2%
on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be of the total valid votes cast for the party-list system are qualified to have a seat in the House
elected through a party-list system of registered national, regional, and sectoral parties or of Representatives.
organizations.” 3. Three-Seat Limit -- each qualified party, regardless of their number of votes it actually
obtained, is entitled to a maximum of three seats; that is, one qualifying and two additional
Composition seats.
District Representatives: representing legislative districts apportioned among provinces, 4. Proportional Representation -- the additional seats to which a qualified party is entitled to
cities, and the shall be computed in proportion to their total number of votes.
Metropolitan Manila.
“Each legislative district shall comprise, as far as
Party-list Representatives: representing registered practicable, contiguous, compact, and adjacent
national, regional, and sectoral parties or organizations. territory. Each city with a population of at least two
hundred fifty thousand, or each province, shall have at least one representative. Within three
Members years following the return of every census, the Congress shall make a reapportionment of
250 Members (set by the 1987 Constitution): 80% district representatives; 20% party-list legislative districts based on the standards provided in this section.”
representatives
Apportionment
19th CONGRESS: 315 Members ⁃ The power to create legislative districts belongs exclusively to Congress.

“The party-list representatives shall constitute twenty per centum of the total number of Four Rules on Apportionment
representatives including those under the party list. For three consecutive terms after the 1. Proportional Representation- Legislative districts shall be apportioned among the
ratification of this Constitution, one-half of the seats allocated to party-list representatives provinces, cities, and the Metropolitan Manila area in accordance with the number of their
shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, respective inhabitants and on the basis of a uniform and progressive ratio.
indigenous cultural communities, women, youth, and such other sectors as may be provided 2. Prohibition on Gerrymandering- Each legislative district shall comprise, as far as
by law, except the religious sector.” practicable contiguous, compact, and adjacent territory.

Party-List Groups Allowed Gerrymandering is the practice of dividing a geographical area into electoral districts, often of
1. National Parties or Organization. National parties don’t need to organize along sectoral highly irregular shape, to give one political party an unfair advantage by diluting the
lines and do not need to represent any ‘marginalized and underrepresented’ sector. Political opposition’s voting strength.
parties, even major political parties, can participate in the party-list system provided they: 3. One Province/City, One Representative Each city with a population of at least two hundred
(a)register under the party-list system; fifty
(b) do not field candidates in the legislative district elections. thousand, or each province, shall have at least one representative. The 250,000 minimum
2. Regional Parties or Organization. The same rule as for national political parties applies. population is required only for a city and not for a province. The sheer existence of a province
automatically entitles it to at least one representative.

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4. Reapportionment after Every Census- Within three years following the return of every Section 9:
census, the Congress shall make a reapportionment of legislative districts based on the “In case of vacancy in the Senate or in the House of Representatives, a special election may
above mentioned standards. be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of
the House of Representatives thus elected shall serve only for the unexpired term.”
Section 6:
“No person shall be a Member of the House of Representatives unless he is a natural-born Section 10:
citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, “The salaries of Senators and Members of the House of Representatives shall be determined
able to read and write, and, except the party-list representatives, a registered voter in the by law. No increase in said compensation shall take effect until after the expiration of the full
district in which he shall be elected, and a resident thereof for a period of not less than one term of all the Members of the Senate and the House of Representatives approving such
year immediately preceding the day of the election.” increase.”

Qualifications for District Representatives: Section 11:

1. A natural-born Filipino “A Senator or Member of the House of Representatives shall, in all offenses punishable by
2. able to read and write not more than six years imprisonment, be privileged from arrest while the Congress is in
3. a registered voter in the district in which he shall be elected session. No Member shall be questioned nor be held liable in any other place for any speech
4. a resident of the Philippines for a period of not less than one year immediately or debate in the Congress or in any committee thereof.”
preceding the day of the election
5. at least 25 years of age on the day of the election Rationale
To enable the lawmakers to perform legislative duty
Qualifications for Party-list Representatives: without fear of criminal prosecution. But the provision
1. a natural-born Filipino does not protect them from possible disciplinary
2. able to read and write action that their colleagues might impose.
3. a resident of the Philippines for a period of not less than one year immediately
preceding the day of the election Membership in Congress does not exempt an accused from statutes and rules which apply to
4. at least 25 years of age on the day of the election, except a nominee of the youth validly incarcerated persons. It would amount to the creation of a privileged class, without
sector who must at least be 25 but not more than 30 years of age on the day of the justification in reason, if notwithstanding their liability for a criminal offense, they would be
election considered immune from arrest during their attendance in Congress and in going to and
5. a bona fide member of the party or organization which he seeks to represent for at returning from the same. Moreover, the accused-appellant is provided with an office at the
least 90 days preceding the day of the election. House of Representatives with a full complement of staff, as well as an office at the
6. if he is a nominee of a sectoral party that represents the ‘marginalized and Administration Building, New
underrepresented,’ or that represents those who lack ‘well-defined political Bilibid Prison, where he attends to his constituents; he has, therefore, been discharging his
constituencies,’ he either must belong to the sector he is representing or must have a mandate as a member of the House of Representatives (People of the Philippines
track record of advocacy for his sector. vs.Jalosjos, G.R. No. 132875, February 3, 2000).

Section 7: Restrictive Construction

“The Members of the House of Representatives shall be elected for a term of three years ⁃ The immunity from arrest or detention of Senators and members of the House of
which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next Representatives is a special privilege, which cannot be extended beyond the
following their election. No Member of the House of Representatives shall serve for more ordinary meaning of its terms. It may not be extended by intendment, implication, or
than three consecutive terms. Voluntary renunciation of the office for any length of time shall equitable considerations.
not be considered as an interruption in the continuity of his service for the full term for which
he was elected.” Freedom of Speech and Debate
⁃ This privilege insulates the member concerned from suits that may be filed against
Voluntary renunciation- voluntary resignation him for a speech, utterance or other form of expression made in Congress or in any
of its committees in the discharge of legislative duty. The provision does not protect
Section 8: members of Congress from possible disciplinary measures that his colleagues in
“Unless otherwise provided by law, the regular election of the Senators and the Members of Congress may impose on him.
the House of Representatives shall be held on the ⁃ Privilege applies only while Congress is in session and not when it is in recess.
second Monday of May.” ⁃ It does not protect the legislator from responsibility before the legislative body itself
whenever his words and conduct are considered by the latter disorderly or

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 unbecoming. For unparliamentary conduct, members of Congress can be censured, ⁃ To extend or revoke the proclamation of martial law or suspension of the writ of
committed to prison, suspended, and even expelled by the votes of their colleagues. Habeas Corpus (Sec. 18[2], Art.VII, 1987 Constitution).

Section 12: Voting Separately

“All Members of the Senate and the House of Representatives shall, upon assumption of 1. When it declares by 2/3 vote the existence of a state of war.
office, make a full disclosure of their financial and business 2. When Congress, while acting as the board of canvassers for presidential and vice-
interests. They shall notify the House concerned of a presidential elections, has to break the tie between two or more candidates for either position
potential conflict of interest that may arise from the having an equal and the highest number of votes.
filing of a proposed legislation of which they are 3. When it confirms the nomination of a Vice President by the President from among the
authors.” members of Congress whenever there is a vacancy in the Office of the President.
4. When it decides by 2/3 vote on the question of the President’s inability to discharge the
Section 13: powers and duties of his office.
“No Senator or Member of the House of Representatives may hold any other office or 5. When it proposes to amend or revise the Constitution by 3/4 of all its members, or when it
employment in the Government, or any subdivision, agency, or instrumentality thereof, calls a constitutional convention by 2/3 of all its members to amend or revise the Constitution,
including government-owned or controlled corporations or their subsidiaries, during his term or when it submits to the electorate the question of calling such a convention by a majority of
without forfeiting his seat. Neither shall he be appointed to any office which may have been all its members. When it revokes or extends by at least a majority of all its
created or the emoluments thereof increased during the term for which he was elected.” members the proclamation of martial law or the suspension of the privilege of the writ of
habeas corpus by the President.
Section 14:
“No Senator or Member of the House of Representatives may personally appear as counsel Section 16:
before any court of justice or before the Electoral Tribunals, or quasi-judicial and other “The Senate shall elect its President and the House of
administrative bodies. Neither shall he, directly or indirectly, be interested financially in any Representatives, its Speaker, by a majority vote of
contract with, or in any franchise or special privilege granted by the Government, or any all its respective Members. Each House shall choose
subdivision, agency, or instrumentality thereof, including any government-owned or controlled such other officers as it may deem necessary. A majority of each House shall constitute a
corporation, or its subsidiary, during his term of office. He shall not intervene in any matter quorum to do business, but a smaller number may adjourn from
before any office of the Government for his pecuniary benefit or where he may be called upon day to day and may compel the attendance of
to act on account of his office.” absent Members in such manner, and under such
penalties, as such House may provide.”
Section 15:
“The Congress shall convene once every year on the Officers of Congress
fourth Monday of July for its regular session, unless a different date is fixed by law, and shall ⁃ The Congress is deemed organized upon the election of the President of the Senate
continue to be and the Speaker of the House of Representatives. They shall be elected by a
in session for such number of days as it may determine until thirty days before the opening of majority vote of the entire membership of each House.
its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President
may call a special session at any time.” Internal Rules
⁃ While the Constitution is explicit on the manner of electing a Speaker of the House of
Special Sessions (called by the President) Representatives, it is, however, dead silent on the manner of selecting the other
⁃ May be called at any time by the President, at his absolute discretion, to consider officers of the Lower House. Section 16 (3), Article VI, of the Constitution, vests in
such subjects as he may determine. Congress, however, determines the number of the House the sole authority to ‘determine the rules of its proceedings. ’ In fact, they
days it needs for such a session. are subject to revocation, modification or waiver at the pleasure of the body adopting
them. ’ Being merely matters of procedure, their observance is of no concern to the
Special Sessions (called by the Congress without need of call) courts (Baguilat v. Alvarez, GR 227757 [2017]).
⁃ To pass a bill calling for the holding of a special election when there is a vacancy in
the office of the President and Vice President (Sec. 10, Art. VII, 1987 Constitution). Quorum
⁃ To determine by 2/3 vote whether the President is unable to discharge the powers ⁃ Quorum is defined as the number of members of a body, which, when legally
and duties of his office (Sec.11, Art. VII, 1987 Constitution). assembled in their proper places, will enable the body to transact its proper
business. Majority, when required to constitute a quorum, means the number greater
Purpose of Special sessions called by the Congress: than half (i.e., more than 50%).
⁃ To canvass the Presidential elections.
⁃ To exercise the power of impeachment. Voting Majorities

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Doctrine of Shifting Majority--For each House of Congress to pass a bill, only the votes of the Section 17:
majority of those present in the session, there being a quorum, is required. “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,
“Each House may determine the rules of its proceedings, punish its Members for disorderly returns, and qualifications of their respective Members. Each Electoral Tribunal shall be
behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a composed of nine Members, three of whom shall be Justices of the Supreme Court to be
Member. A penalty of suspension, when imposed, shall not exceed sixty days. 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
Each House shall keep a Journal of its proceedings, proportional representation from the political parties and the parties or organizations
and from time to time publish the same, excepting registered under the party-list system represented therein. The senior Justice in the Electoral
such parts as may, in its judgment, affect national Tribunal shall be its Chairman.”
security; and the yeas and nays on any question
shall, at the request of one-fifth of the Members Electoral Tribunals
present, be entered in the Journal. Each House shall ACQUISITION OF JURISDICTION
also keep a Record of its proceedings.” 1. There is an election contest
2. Only after the proclamation of the candidate
Legislative Journal In the absence of an election contest, and before proclamation, jurisdiction remains with the
Journal--the official record of the acts of the COMELEC.
legislative body. True record of the proceedings (Lazatin v. COMELEC, 1988)
arranged in chronological order. Record of what is
done rather than what is said. Electoral Tribunals are the ‘sole judge’ of all contests relating to election, returns, and
qualifications of their respective members.
The Journal is regarded as conclusive with respect to
matters that are required by the Constitution to be Election contests, which only contemplate post-election scenarios, take the form of either an
recorded therein. With respect to other matters, in the election protest or a a petition for quo warranto. Although distinct, both actions aim to unseat
absence of evidence to the contrary, the Journals a winning candidate after his or her proclamation and assumption of office.
have also been accorded conclusive effect.
INDEPENDENCE
Record--the official report of the proceedings, To be able to exercise exclusive jurisdiction, the House Electoral Tribunal must be
including the filed papers, a verbatim transcript of independent. Its jurisdiction to hear and decide congressional election contests is not to be
oral proceedings, a word-for-word transcript of the shared by it with the Legislature nor with the courts.
deliberation.
Section 18:
Enrolled Bill Theory “There shall be a Commission on Appointments consisting of the President of the Senate, as
Enrolled Bill is a copy of a bill bearing the signatures of the Speaker of the House or ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives,
Representatives and the Senate President officially attested by them that such bill is the one elected by each House on the basis of proportional representation from the political parties
that has passed Congress. 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
Enrolled Bill Theory--an enrolled bill imports on all appointments submitted to it within thirty session days of the Congress from their
absolute verity and is binding on the courts. submission. The Commission shall rule by a majority vote of all the Members.”

Journal vs. Enrolled Bill Composition:

In case of conflict, the enrolled bill prevails over the journal. Exceptions: (1) matters which the 1. Senate President - ex officio Chairman
Constitution expressly requires to be entered in the journal; and (2) when both the Senate 2.12 Senators - elected by the Senate on the basis of
President and the President withdrew their signatures in the bill. proportional representation from the political parties
3. 12 members of the House of Representatives - elected by the House of Representatives
“Neither House during the sessions of the Congress on the basis
shall, without the consent of the other, adjourn for of proportional representation from political parties
more than three days, nor to any other place than and party-list organizations
that in which the two Houses shall be sitting.”

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Independence types of information:
⁃ The members of the Commission on Appointments do not serve at the pleasure of • state secrets privilege - disclosure would subvert crucial military or diplomatic
the legislature. The CA is independent of Congress. objectives
⁃ The powers of the CA do not come from Congress but emanate directly from the • informer’s privilege - identity of persons who furnish information of violations of
Constitution. Hence, the CA is not an agent of Congress. In fact, the functions of a law to officers charged with the enforcement of that law
commissioner are purely executive in nature. • generic privilege for internal deliberations - intergovernmental documents
reflecting advisory opinions, recommendations, deliberations
Jurisdiction • presidential communications privilege - the expectation of the President to the
⁃ Heads of Executive Departments confidentiality of his conversations and correspondences (e.g., closed-door
⁃ Ambassadors, other Public Ministers, and Consuls Officers of the Armed Forces from cabinet meetings)
the rank of colonel or naval captain
⁃ Regular members of the Judicial and Bar Council (JBC) Presidential Communication Privilege
⁃ Chairman and Commissioners of the Civil Service Commission 1. The protected information must relate to a quintessential and non-delegable
⁃ Chairman and Commissioners of the Commission on Elections presidential power (e.g., the exclusive power of the President to enter into an
⁃ Chairman and Commissioners of the Commission on Audit executive agreement).
⁃ Members of the Regional and Consultative Commissions 2. The communications must be authored or solicited and received by a close advisor of
the President or the President himself (operational proximity with the President).
Section 21: 3. The presidential communications privilege remains a qualified privilege that may be
“The Senate or the House of Representatives or any of its respective committees may overcome by a showing of adequate need, such that the information sought likely
conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. contains important evidence and by the unavailability of the information elsewhere by
The rights of persons appearing in, or affected by, such inquiries shall be respected.” an appropriate investigating authority.

Inquiries in Aid of Legislation Judicial Privilege

⁃ Attendance and production of documents are mandatory. Refusal or failure to comply ⁃ Matters that are part of the internal deliberations and actions of the Court in the
may subject the person to a citation for contempt. Even the courts cannot defeat the exercise of the members’ adjudicatory functions and duties. Includes judiciary’s
mandatory nature of the Congress’ power of inquiry. privileged and confidential documents and information from any compulsory
⁃ Inquiries may refer to the implementation or reexamination of any law or in processes.
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 Section 22:
in either House alone. “The heads of departments may, upon their own initiative, with the consent of the President,
or upon the request of either House, as the rules of each House shall provide, appear before
Limitations and be heard by such House on any matter pertaining to their departments. Written questions
1. It must be in aid of legislation shall be submitted to the President of the Senate or the Speaker of the House of
2. It must be in accordance with duly published rules of procedure Representatives at least three days before their scheduled appearance. Interpellations shall
3. The rights of persons appearing in, or affected, by such inquiries must be respected not be limited to written questions, but may cover matters related thereto. When the security
of the State or the public interest so requires and the President so states in writing, the
Exemptions appearance shall be conducted in executive session.”
1. Specific categories of persons
⁃ President Question Hour
⁃ Members of the Supreme Court ⁃ To enable the department heads to be heard by the legislature and thereby achieve
⁃ Members of the military cooperation between the executive and legislative departments.
2. Specific categories of information
a. executive privilege Requirements
b. judicial privilege 1. Appearance and hearing must be pursuant to the rules.
2. Questions must relate to matters pertaining to the invitee’s department. Written
Executive Privilege questions shall be submitted to the Senate President or House Speaker at least three
⁃ The power of the government to withhold information from the public, the courts, and days before their scheduled appearance, but interpellations shall not be limited to
the Congress. Recognized only in relation to certain types of information of a written questions.
sensitive character. 3. When the security of the state or the public interest so requires and the President so
states in writing, the appearance shall be conducted in executive session.

6
 prescribed by law.
Section 23:
“The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting “disbursed only for public purposes”
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 law, authorize the President, for a If, by the end of any fiscal year, the Congress shall have failed to pass the general
limited period and subject to such restrictions as it may prescribe, to exercise powers appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding
necessary and proper to carry out a declared national policy. Unless sooner withdrawn by fiscal year shall be deemed re-enacted and shall remain in force and effect until the general
resolution of the Congress, such powers shall cease upon the next adjournment thereof.” appropriations bill is passed by the Congress.

Section 24: “GAA deemed re-enacted and shall remain in force”

“All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of
local application, and private bills, shall originate exclusively in the House of Representatives, Power of Appropriation
but the Senate may propose or concur with amendments.” ⁃ The spending power, called the power of the purse, belongs to Congress, subject
only to the veto power of the President. While it is the President who proposes the
Section 25: budget, still, the final say on the matter of appropriation is lodged in Congress. The
“The Congress may not increase the appropriations recommended by the President for the power of appropriation carries with it the power to specify the project or activity to be
operation of the Government as specified in the budget. The form, content, and manner of funded under the appropriation law. It can be as detailed and as broad as Congress
preparation of the budget shall be prescribed by law. wants it to be.

No provision or enactment shall be embraced in the general appropriations bill unless it Appropriation Law
relates specifically to some particular appropriation therein. Any such provision or enactment ⁃ A statute the primary and specific purpose of which is to authorize the release of
shall be limited in its operation to the appropriation to which it relates. public funds from the Treasury.

The procedure in approving appropriations for the General Appropriation Act--passed annually, intended to provide for the financial operations of
Congress shall strictly follow the procedure for the entire government during one fiscal period.
approving appropriations for other departments and
agencies. Limitations on Special Appropriations
⁃ Must specify the public purpose for which the sum is intended.
A special appropriations bill shall specify the purpose ⁃ Must be supported by funds actually available as certified to by
for which it is intended, and shall be supported by ⁃ the National Treasurer, or to be raised by a corresponding revenue proposal included
funds actually available as certified by the National therein
Treasurer, or to be raised by a corresponding
revenue proposal therein. Rules on General Appropriations
• Congress may not increase the appropriations recommended by the President for
“specify the purpose for which it is intended, and shall be supported by funds actually the operation of the Government as specified in the budget.
available as certified by the National Treasurer” • The form, content, and manner of preparation of the budget shall be prescribed by
law.
No law shall be passed authorizing any transfer of • No provision or enactment shall be embraced unless it relates specifically to some
appropriations; however, the President, the President of the Senate, the Speaker of the particular appropriation therein. Any such provision or enactment shall be limited
House of Representatives, the Chief Justice of the Supreme Court, and the heads of in its operation to the appropriation to which it relates. No riders.
Constitutional Commissions may, by law, be authorized to augment any item in the general
appropriations law for their respective offices from savings in other items of their respective Section 26:
appropriations. “Every bill passed by the Congress shall embrace only one subject which shall be expressed
in the title thereof. No bill passed by either House shall become a law unless it has passed
“augment any item in the general appropriations law for their respective offices from savings” three readings on separate days, and printed copies thereof in its final form have been
distributed to its Members three days before its passage, except when the President certifies
Discretionary funds appropriated for particular to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the
officials shall be disbursed only for public last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be
purposes to be supported by appropriate taken immediately thereafter, and the yeas and nays entered in the Journal.”
vouchers and subject to such guidelines as may be

7
One Title, One Subject Rule ⁃ no amendment shall be allowed
• This requirement is mandatory and not directory. Any statute not conforming to ⁃ the vote shall be taken immediately
this constitutional provision is void. ⁃ the yeas and nays entered in the Journal
• The Supreme Court has adopted a policy of liberal construction thereof so as not These requirements are mandatory.
to cripple or impede proper legislation.
• The rule is that the title need not mirror, fully index, or catalog all contents and
minute details of a law. Bicameral Conference Committee
⁃ The Bicameral Conference Committee is given ample latitude for compromising
hodge podge or logrolling differences between the Senate and the House. It is within the power of a conference
⁃ The practice of combining multiple propositions or subjects into one proposal (a.k.a. committee to include in its report an entirely new provision that is not found either in
omnibus bill). The effect of logrolling is to nullify the entire proposition and not only the House bill or in the Senate bill. If the committee can propose an amendment
the unrelated subject matter. consisting of one or two provisions, there is no reason why it cannot propose several
⁃ This is so if the title to the act actually indicates, and the act itself actually embraces provisions, collectively considered as an amendment in the nature of a substitute so
two distinct objects, because it directly violates Section 26 (1), Article VI, which long as such amendment is germane to the subject of the bills before the committee.
prescribes a one title, one subject rule.
Section 27:
Rider “Every bill passed by the Congress shall, before it
⁃ A bill may embrace only one subject expressed in the title but inserted in its body becomes a law, be presented to the President. If
with a provision not germane to the subject matter of the bill. This is called a ‘rider.’ he approves the same he shall sign it; otherwise,
⁃ The effect is to nullify only the unrelated provision--the rider--but the bill itself is valid. he shall veto it and return the same with his
objections to the House where it originated, which
Procedure shall enter the objections at large in its Journal
1. Filing. A bill is introduced by any member of the House or the Senate except for some and proceed to reconsider it.
measures that must originate only in the former chamber.
2. First Reading. The first reading involves only a reading of the number and title of the Rule of Presentment
measure and its referral by the Senate President or the Speaker to the proper ⁃ Every bill passed by the Congress must be presented to the President for approval
committee for study. or veto. In the absence of presentment to the President, no bill passed by Congress
3. Committee Action. The bill may be killed or recommended for approval. If there are becomes a law. In this sense, lawmaking under the Constitution is a joint act of the
other bills of the same nature or purpose, they may all be consolidated into one bill Legislature and of the Executive.
under common authorship or as a committee bill.
4. Second Reading. Once reported out, the bill shall be calendared for a second If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass
reading. The bill is read in its entirety, scrutinized, debated upon, and amended when the bill, it shall be sent, together with the objections, to the other House by which it shall
desired. likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it
5. Third Reading. The bill as approved on second reading is printed in its final form and shall become a law.
copies thereof are distributed at least three days before the third reading. On the third
reading, the members merely register their votes and explain them if they are allowed In all such cases, the votes of each House shall be determined by yeas or nays, and the
by the rules. No further debate is allowed. names of the Members voting for or against shall be entered in its Journal. The President
6. Bicameral Conference. Once the bill passes a third reading, it is sent to the other shall communicate his veto of any bill to the House where it originated within thirty days after
chamber, where it will also undergo the three readings. If there are differences the date of receipt thereof, otherwise, it shall become a law as if he had signed it.
between the versions approved by the two chambers, a conference committee
representing both Houses will draft a compromise measure that if ratified by Senate How a Bill becomes a Law
and the House will then be submitted to the President for consideration. 1. By presidential approval. The President approves the bill by signing it;
7. Authentication to become an Enrolled Bill. The bill is enrolled when printed as finally 2. By legislative override. The President vetoes the bill and returns the same with his
approved by the Congress, thereafter authenticated with the signatures of the Senate objections to the House where it originated, but the veto is overridden by 2/3 vote of
President, the Speaker, and the Secretaries of the respective chambers. all the members of each House;
8. President’s Approval. The final step is submission to the President for approval. Once 3. By presidential inaction. The President fails to sign or communicate his veto of the bill
approved, it takes effect as law after the required publication. to the House where it originated within 30 days after the date of receipt thereof.

No Amendment Rule
Upon the third and last reading of a bill:

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The President shall have the power to veto any particular item or items in an appropriation, been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of
revenue, or tariff bill, but the veto shall not affect the item or items to which he does not the Government.”
object.”
Section 30:
Categories of Presidential Veto “No law shall be passed increasing the appellate jurisdiction of the Supreme Court as
General Veto Power -- refers to the veto under paragraph 1, Section 27, Article VI, which, if provided in this Constitution without its advice and concurrence.”
exercised would result in the veto of the entire bill. The President is not allowed to veto a part
of a bill while approving the rest. Section 31:
“No law granting a title of royalty or nobility shall be enacted.”
Item-Veto Power -- refers to the veto under paragraph 2, Section 27, Article VI, where the
President can veto any item or items without affecting the items to which s/he does not veto. Section 32:
Applies only to appropriation bill, revenue bill, and tariff bill. “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
Doctrine of Inappropriate Provisions approve or reject any act or law or part thereof passed by the Congress or local legislative
⁃ When the legislature inserts ‘inappropriate provisions in a general appropriation bill, body after the registration of a petition therefor signed by at least ten per centum of the total
such provisions must be treated as ‘items’ for purposes of the President’s item-veto number of registered voters, of which every legislative district must be represented by at least
power over general appropriation bills even if it is not appropriation or revenue (or three per centum of the registered voters thereof.”
tariff) item.
“signed by at least 10% of the total number of registered voters, of which every legislative
Rule on Singular Correspondence district must be represented by at least 3% of the registered voters”
⁃ An item of appropriation must be an allocation of a specified singular amount for a
specified singular purpose, otherwise known as a ‘line-item.’ This treatment not only
allows the item to be consistent with its definition as a ‘specific appropriation of EXTRA EXTRA EXTRA
money’ but also ensures that the President may discernibly veto the same.
“Pork Barrel" refers to an appropriation of government spending meant for localized projects
Section 28: and secured solely or primarily to bring money to a representative's district. Some scholars on
“The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive the subject further use it to refer to legislative control of local appropriations.
system of taxation. The Congress may, by law, authorize the President to fix within specified
limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and Congressional Pork Barrel which is herein defined as a kind of lump-sum, discretionary fund
export quotas, tonnage and wharfage dues, and other duties or imposts within the framework wherein legislators, either individually or collectively organized into committees, are able to
of the national development program of the Government. effectively control certain aspects of the fund's utilization through various post-enactment
measures and/or practices. In particular,
Charitable institutions, churches and parsonages or convents appurtenant thereto, mosques, petitioners consider the PDAF, as it appears under the 2013 GAA, as Congressional Pork
non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and Barrel since it is, inter alia, a post-enactment measure that allows individual legislators to
exclusively used for religious, charitable, or educational purposes shall be exempt from wield a collective power;
taxation. No law granting any tax exemption shall be passed without the concurrence of a
majority of all the Members of the Congress.” Presidential Pork Barrel which is herein defined as a kind of lump-sum, discretionary fund
which allows the President to determine the manner of its utilization. For reasons earlier
Section 29: stated, the Court shall delimit the use of such term to refer only to the Malampaya Funds and
“No money shall be paid out of the Treasury except in pursuance of an appropriation made by the Presidential Social Fund.
law. No public money or property shall be appropriated, applied, paid, or employed, directly or
indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian Budget preparation
institution, or system of religion, or of any priest, preacher, minister, other religious teacher, or Budget Call - contains budget parameters earlier set by the Development Budget
dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the Coordination Committee (DBCC) as well as policy guidelines and procedures to aid
armed forces, or to any penal institution, or government orphanage or leprosarium.” government agencies in the preparation and submission of their budget proposals (i.e.,
National
“money in pursuance of an appropriation made by law” Budget Call and Corporate Budget Call).

“All money collected on any tax levied for a special purpose shall be treated as a special fund National Expenditure Program (NEP) - The NEP provides the details of spending for each
and paid out for such purpose only. If the purpose for which a special fund was created has department and agency by program, activity or project (PAP), and is submitted in the form of

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a proposed GAA. The Details of Selected Programs and Projects is the more detailed department heads are implementing the statutes which it has issued, its right to such
disaggregation of key PAPs in the NEP, especially those in line with the National information is not as imperative as that of the President to whom, as Chief Executive, such
Government's development plan. department heads must give a report of their performance as a matter of duty.

Budget of Expenditures and Sources of Financing (BESF) - the BESF, mandated by Section The doctrine of executive privilege is thus premised on the fact that certain informations must,
22, Article VII of the Constitution, which contains the macroeconomic assumptions, public as a matter of necessity, be kept confidential in pursuit of the public interest. The privilege
sector context, breakdown of the expenditures and funding sources for the fiscal year and the being, by definition, an exemption from the obligation to disclose information, in this case to
two previous years. Congress, the necessity must be of such high degree as to outweigh the public interest in
enforcing that obligation in a particular case.
The Budget Legislation Phase covers the period commencing from the time Congress
receives the President's Budget, which is inclusive of the NEP and the BESF, up to the right to information
President’s approval of the GAA. This phase is also known as the Budget Authorization Congress undoubtedly has a right to information from the executive branch whenever it is
Phase, and involves the significant participation of the Legislative through its deliberations. sought in aid of legislation. If the executive branch withholds such information on the ground
that it is privileged, it must so assert it and state the reason therefor and why it must be
General Appropriations Bill (GAB) - The GAB is sponsored, presented and defended by the respected.
House of Representatives' Appropriations Committee and Sub-Committees in plenary
session. As with other laws, the GAB is approved on Third Reading before the House of Inquiries in aid of legislation
Representatives version is transmitted to the Senate. The power of Congress to conduct inquiries in aid of legislation is broad. This is based on the
proposition that a legislative body cannot legislate wisely or effectively in the absence of
Accountability is a significant phase of the budget cycle because it ensures that the information respecting the conditions which the legislation is intended to affect or change.
government funds have been effectively and efficiently utilized to achieve the State's socio- Inevitably, adjunct thereto is the compulsory process to enforce it. But, the power, broad as it
economic goals. It also allows the DBM to assess the performance of agencies during the is, has limitations. To be valid, it is imperative that it is done in accordance with the Senate or
fiscal year for the purpose of implementing reforms and establishing new policies. House duly published rules of procedure and that the rights of the persons appearing in or
affected by such inquiries be respected
The withdrawal and transfer of unobligated allotments and the pooling of unreleased
appropriations were invalid for being bereft of legal support. Nonetheless, such withdrawal of There are two (2) kinds of executive privilege;
unobligated allotments and the retention of appropriated funds cannot be considered as 1. Presidential communications privilege- this pertains to communications, documents
impoundment. or other materials that reflect presidential decision-making and deliberations and that
the President believes should remain confidential. This refers only to the decision
The withdrawal of unobligated allotments under the DAP should not be regarded as making of the president.
impoundment because it entailed only the transfer of funds, not the retention or deduction of 2. Deliberative process privilege- includes advisory opinions, recommendations and
appropriations. deliberations comprising part of a process by which governmental decisions and
policies are formulated. It refers to the decision making of the executive officials.
Two governing principles of appropriation:
1. Principle of the Public Fund, asserting that all monies received from whatever source CONTEMPT POWER
by any part of the government are public funds;" Even the courts are repeatedly advised to exercise the power of contempt judiciously and
2. Principle of Appropriations Control, prohibiting expenditure of any public money sparingly with utmost self-restraint with the end in view of utilizing the same for correction and
without legislative authorization. preservation of the dignity of the court, not for retaliation or vindication.
Respondent Committees should have exercised the same restraint, after all petitioner is not
By providing that the President, the President of the Senate, the Speaker of the House of even an ordinary witness. He holds a high position in a co-equal branch of government.
Representatives, the Chief Justice of the Supreme Court, and the Heads of the Constitutional
Commissions may be authorized to augment any item in the GAA "for their respective offices, SEPARATION OF POWERS
" Section 25 (5), has delineated borders between their offices, such that funds appropriated The Separation of Powers often impairs efficiency, in
for one office are prohibited from crossing over to another office even in the guise of terms of dispatch and the immediate functioning of government. It is the long-term staying
augmentation of a deficient item or items. Thus, we call such transfers of funds cross-border power of government that is enhanced by the mutual accommodation required by the
transfers or cross-border augmentations. separation of powers.

Question hour In this present crusade to "search for truth", we should turn to the fundamental constitutional
When Congress merely seeks to be informed on how principles which underlie our tripartite system of government, where the Legislature enacts
the law, the Judiciary interprets it and the Executive implements it.

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Executive privilege is not a personal privilege, but one that adheres to the Office of the
President. It exists to protect public interest, not to benefit a particular public official. Its
purpose, among others, is to assure that the nation will receive the benefit of candid,
objective and untrammeled communication and exchange of information between the
President and his/her advisers in the process of shaping or forming policies and arriving at
decisions in the exercise
of the functions of the Presidency under the Constitution.

CONTEMPT
Imprisonment for a term not exceeding the session of the deliberative body (House of
Representatives) in which the contempt occurred was the limit of the authority to deal directly
by way of contempt, without criminal prosecution. The power of contempt was limited to
imprisonment during the session of the
legislative body affected by the contempt.

POWER OF CONTEMPT
Congress' power of contempt rests solely upon the right of self- preservation and does not
extend to the infliction of punishment as such. It is a means to an end and not the end itself.
Even arguendo that detention under the legislative's inherent power of contempt is not
entirely punitive in character because it may be used by Congress only to secure information
from a recalcitrant witness or to remove an obstruction, it is still a restriction to the liberty of
the said witness.

INDEFINITE
An indefinite and unspecified period of detention will amount to excessive restriction and will
certainly violate any person's right to liberty.

DEFINITE PERIOD
In addition, if the Congress decides to extend the period of imprisonment for the contempt
committed by a witness beyond the duration of the legislative inquiry, then it may file a
criminal case under the existing statute or enact a new law to increase the definite period of
imprisonment.

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