Legislative Power: Scope, Classifications, and Limitations

• Provision:
• Article VI, Section 1 of the 1987 Philippine Constitution:
"The legislative power shall be vested in the Congress of the Philippines which shall
consist of a Senate and a House of Representatives, except to the extent reserved to the
people by the provision on initiative and referendum."

1. Definition of Legislative Power

• Legislative Power refers to the authority to make, alter, amend, and repeal laws. It is the
power to create binding rules or norms governing the actions of individuals and institutions
within a state.
• This power is primarily vested in Congress, but can also be exercised by the people through
initiative and referendum.

2. Scope of Legislative Power

• Plenary Power:
o Congress holds the broad and almost unlimited power to legislate on all matters not
expressly or impliedly prohibited by the Constitution.
• General Scope:
o Congress can enact laws on all subjects within its jurisdiction, except those powers
expressly vested in the executive or judicial branches, or those specifically
delegated to local government units.
• Subjects of Legislation:
o Matters of public welfare, security, economic regulation, and justice are generally
within the scope of legislative authority. Congress can create laws to:
▪ Define crimes and provide penalties.
▪ Levy taxes and appropriate funds.
▪ Enact civil, commercial, labor, and administrative laws.

3. Classifications of Legislative Power

• Exclusive Legislative Power: Power reserved solely to Congress. Examples include:
o Power of taxation: The authority to impose taxes to generate revenue for the
government.
o Appropriation power: The authority to allocate government funds.
o War powers: The power to declare war, as prescribed by the Constitution (Article
VI, Section 23).
• Concurrent Legislative Power: Powers that Congress shares with other governmental
bodies (e.g., local legislative bodies under the Local Government Code).
• Delegated Legislative Power: Powers delegated by Congress to administrative agencies
or local government units (e.g., rulemaking powers of regulatory bodies).

4. Limitations on Legislative Power

A. Constitutional Limitations
• Substantive Limitations: Derived from specific constitutional provisions, which
impose restrictions on what laws Congress may enact.

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 o Bill of Rights (Article III): Congress cannot pass laws that infringe on fundamental
rights such as freedom of speech, religion, and due process.
o No law impairing the obligation of contracts (Article III, Section 10).
o No ex post facto laws or bills of attainder (Article III, Section 22).
o Separation of Powers: Congress cannot enact laws that usurp the powers of the
executive or judiciary (Article VII and VIII).

• Procedural Limitations: Restrictions on the process by which Congress enacts laws.

o Three Readings Rule (Article VI, Section 26(2)): Every bill must pass three
readings on separate days before becoming law.
o Quorum and Voting Requirements (Article VI, Section 16): Legislative actions
must be approved by a majority of a quorum.
o No hidden riders: Prohibition against hidden provisions in bills (Article VI, Section
26(1)).
o Enrolled Bill Doctrine: Once a bill is signed by the proper authorities (i.e., the
Speaker of the House, the Senate President, and the President of the Philippines), the
courts generally refrain from questioning the legislative process behind the bill.

B. Jurisdictional Limitations
• Congress cannot legislate on matters exclusively under the jurisdiction of the judicial or
executive branches or on those reserved to local governments (e.g., local ordinances and
resolutions under the Local Government Code).

C. Inherent Limitations
• Congress cannot delegate powers that are inherently legislative unless allowed by the
Constitution (e.g., powers involving discretion on public policy).

5. Subtopics, Requisites, and Elements

A. Legislative Procedure:
Requisites for a Bill to Become Law:
1. Introduction: A bill is introduced by a member of Congress (either house).
2. First Reading: The title and objectives of the bill are read, and it is referred to the
appropriate committee.
3. Committee Deliberations: The bill undergoes thorough review, where
amendments and recommendations are made.
4. Second Reading: The bill is read again, this time with debate and amendments.
5. Third Reading: The bill is read without debate, and a final vote is taken.
6. Bicameral Conference Committee: If necessary, the two houses reconcile any
differences in their respective versions of the bill.
7. Presidential Action: The bill is presented to the President for approval or veto.
8. Publication: The law must be published in the Official Gazette or a newspaper of
general circulation before it takes effect.

B. Enactment of Laws
• General Rule: All legislative measures must undergo the process prescribed by the
Constitution, ensuring democratic scrutiny and participation.

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 • Exceptions:
o Emergency Powers (Article VI, Section 23(2)): In cases of national
emergency, Congress may grant the President the power to act by decree.
o Executive Agreements: Some matters, such as executive agreements with
foreign governments, do not require congressional approval.

6. General Rules and Exceptions

General Rules:
• Separation of Powers: The legislative branch is distinct from the executive and
judiciary, and no branch should encroach on the functions of the other.
• Supremacy of the Constitution: All legislative acts must comply with the
Constitution. Any law inconsistent with the Constitution is void.
• Public Accountability: Laws passed must promote the general welfare, be clear
and specific, and should not be arbitrary.

Exceptions:
• Delegation of Legislative Power: While Congress cannot generally delegate
legislative power, there are certain instances where it can delegate the power to fill
in the details of laws (e.g., administrative rulemaking by executive agencies).
• Ordinance Power: Local legislative bodies (such as city councils or provincial
boards) can pass local laws (ordinances) under the Local Government Code.
• People's Initiative and Referendum: The people, through initiative and
referendum, may directly enact or reject laws independent of the Congress.

Conclusion: Legislative power, primarily vested in Congress under the Philippine Constitution,
is broad but not absolute. While Congress has the authority to make, alter, and repeal laws, it is
constrained by both substantive and procedural constitutional limits, the separation of powers, and
the general rule of law. This ensures that the legislative process remains accountable, transparent,
and fair to the general public, aligning all enacted laws with the fundamental rights enshrined in
the Constitution.

Who Exercises Legislative Power?

Legislative power is the authority to make laws and is vested in several bodies in the
Philippines, primarily in Congress, but also extends to local legislative bodies, and can be
directly exercised by the people through initiative, referendum, and plebiscite.

1. Congress Legislative power in the national government is vested in Congress, which is a

bicameral body consisting of:
• Senate (Upper House)
• House of Representatives (Lower House)

A. The Senate
• Composition: The Senate is composed of 24 Senators, who are elected at large by qualified
voters of the Philippines.
• Qualifications (Article VI, Section 3):
1. Must be a naturalborn citizen of the Philippines.

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 2. At least 35 years old on the day of the election.
3. Able to read and write.
4. A registered voter.
5. A resident of the Philippines for at least two years immediately preceding the
election.
• Term:
o Senators are elected for a sixyear term.
o No Senator may serve for more than two consecutive terms (Article VI, Section4).

B. The House of Representatives

• Composition: The House of Representatives is composed of:
1. District Representatives: Elected from legislative districts throughout the country.
2. Partylist Representatives: Represent marginalized and underrepresented sectors,
comprising 20% of the total number of seats in the House.
• Qualifications for District Representatives (Article VI, Section 6):
1. Must be a naturalborn citizen of the Philippines.
2. At least 25 years old on the day of the election.
3. Able to read and write.
4. A registered voter in the district they seek to represent.
5. A resident of the district for at least one year immediately preceding the election.
• Qualifications for Partylist Representatives:
o The qualifications for partylist representatives are the same as district
representatives, but they must belong to a partylist organization that represents
marginalized or underrepresented sectors.
• Term:
o Representatives serve a threeyear term.
o No Representative may serve for more than three consecutive terms (Article VI,
Section 7).

2. Local Legislative Bodies

• Legislative power is also vested in local government units (LGUs), such as:
o Sangguniang Panlalawigan (Provincial Board)
o Sangguniang Panlungsod (City Council)
o Sangguniang Bayan (Municipal Council)
o Sangguniang Barangay (Barangay Council)

• Local legislative bodies have the power to enact ordinances and resolutions to govern local
matters, subject to the limitations imposed by the Local Government Code.

3. People's Initiative, Referendum, and Plebiscite

A. People's Initiative
• The People's Initiative allows Filipino citizens to directly propose amendments to the
Constitution or enact, amend, or repeal laws.
• It is governed by Republic Act No. 6735 (Initiative and Referendum Act).
• Requisites for Initiative:

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 o For constitutional amendments, a petition must be signed by at least 12% of the total
number of registered voters, with at least 3% of voters in every legislative district.
o For statutes, 10% of the registered voters, with 3% from every legislative district.

B. Referendum
• A Referendum is a process where the people approve or reject a law or part of a law passed
by Congress or a local legislative body.
• Referendums can either be:
1. Referendum on Statutes: Involves laws passed by Congress.
2. Referendum on Local Ordinances: Involves ordinances passed by local legislative
bodies.

C. Plebiscite
• A Plebiscite is a vote by the people on a specific issue, such as the ratification of a new or
amended Constitution, or the creation or merging of political subdivisions like provinces
or cities.
• A plebiscite is usually required for significant political changes, such as changes to local
government boundaries, the creation of autonomous regions, or amendments to the
Constitution.

Conclusion: Legislative power in the Philippines is primarily exercised by Congress—composed

of the Senate and House of Representatives—but extends to local legislative bodies for local
governance. Additionally, the people themselves can exercise legislative power through initiative,
referendum, and plebiscite, empowering them to participate in lawmaking and governance directly.
Each body or mechanism is subject to constitutional qualifications, terms, and procedures to ensure
democratic and representative legislative action.

District and PartyList Representatives: Qualifications, Term of Office, and Term Limits

1. District Representatives
District Representatives are elected by voters from specific legislative districts to represent
their interests in the House of Representatives.

A. Qualifications for District Representatives (Article VI, Section 6 of the 1987

Constitution):
1. Naturalborn citizen of the Philippines.
2. At least 25 years old on the day of the election.
3. Must be able to read and write.
4. A registered voter in the district they seek to represent.
5. Must have been a resident of the district for at least one year immediately preceding the
election.

B. Term of Office (Article VI, Section 7):

1. Term length: District Representatives serve for a threeyear term.

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 2. Term limit: They may serve for no more than three consecutive terms (a total of 9 years).
After serving three consecutive terms, they must step down but may run again after sitting
out one election cycle.

C. Additional Information:
• District Representatives represent specific geographical areas (districts) that are
apportioned based on population, geographic size, and other factors, as prescribed by law.

2. PartyList Representatives
• Partylist representatives are elected through the partylist system, which allows
marginalized and underrepresented sectors to have a voice in Congress. They represent
sectors rather than specific geographical districts.

A. Qualifications for PartyList Representatives:

1. Naturalborn citizen of the Philippines.
2. At least 25 years old on the day of the election.
3. Must be able to read and write.
4. A bona fide member of the party or sector they seek to represent.
5. Additional Requirements: Partylist representatives must belong to a partylist organization
that is registered and accredited by the Commission on Elections (COMELEC). The party
should represent marginalized or underrepresented sectors, such as labor, peasant,
fisherfolk, urban poor, indigenous cultural communities, women, and youth.

B. Term of Office:
1. Term length: Like district representatives, partylist representatives serve for a threeyear
term.
2. Term limit: Partylist representatives are subject to the same three consecutive terms limit
as district representatives.

C. PartyList Representation:
1. Allocation of seats: The Constitution provides that partylist representatives shall comprise
20% of the total number of representatives in the House. The number of seats a partylist
group receives is determined by the percentage of the total votes they garner in the partylist
election.
2. Threeseat limit: No partylist organization may have more than three seats in the House of
Representatives, regardless of how many votes they receive.

D. Sectors Represented:
The sectors that partylist groups typically represent include:
• Labor
• Peasantry
• Fisherfolk
• Urban poor
• Indigenous peoples
• Youth
• Women

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 • Cooperatives
• Senior citizens
• Overseas workers

Conclusion: Both District and PartyList Representatives are crucial to ensuring that the House of
Representatives reflects a broad spectrum of the Filipino populace. While district representatives
focus on geographic regions, partylist representatives give voice to marginalized and
underrepresented sectors. The qualifications, term of office, and term limits are designed to ensure
that elected officials remain accountable and representative of the people’s interests while
maintaining a balance of power and fair participation in governance.

Legislative Districts, Legislative Apportionment, and Reapportionment, Rules of

Apportionment, and Gerrymandering

1. Legislative Districts- Legislative districts are the geographical subdivisions of a country or

state from which members of a legislative body (such as the House of Representatives in the
Philippines) are elected. These districts ensure proportional representation for various regions of
the country based on population, geography, and other considerations.
A. Purpose of Legislative Districts:
• Ensure that the population is fairly represented in the legislative body.
• Balance the distribution of political power across regions.
B. Criteria for Creating Legislative Districts:
• Districts are generally created based on population, ensuring equal representation.
• Each district should ideally have approximately the same number of constituents to
uphold the principle of "one person, one vote."
C. Constitutional Basis (Article VI, Section 5 of the 1987 Constitution):
• The Constitution mandates that legislative districts should have a minimum population
of 250,000.
• Every city with a population of at least 250,000, as well as each province, is entitled to
at least one representative in the House of Representatives.

2. Legislative Apportionment - Legislative apportionment refers to the process of distributing

seats in a legislative body among various legislative districts. In the Philippines, this determines
how many seats each district or province will have in the House of Representatives.

A. Constitutional Rules on Apportionment:

• The House of Representatives must be composed of not more than 250 members, unless
otherwise provided by law.
• Of these members, 20% are allocated for partylist representatives, while the remaining
seats are for district representatives.
• Legislative districts must be apportioned based on population, which ensures that each
district's representative serves approximately the same number of constituents.

B. Requisites for Apportionment:

• Populationbased: Apportionment is required to ensure proportional representation
based on population.

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 • Fairness: No group or region should be underrepresented or overrepresented.

3. Legislative Reapportionment - Legislative reapportionment is the process of redrawing

legislative district boundaries to reflect changes in population as determined by periodic censuses.
This is necessary to ensure that representation remains proportional over time.
A. Purpose of Reapportionment:
• Reflect population changes: Populations may shift due to migration, urbanization, or
other factors. Reapportionment ensures that districts are updated to represent the
current population accurately.
• Ensure equal representation: Reapportionment aims to prevent districts from becoming
too large or too small relative to each other.

B. Rules on Reapportionment (Article VI, Section 5, 1987 Constitution):

• Reapportionment must occur after each census (every ten years), as the population may
grow or shift over time.
• Each district must remain contiguous, compact, and adjacent.

C. Key Elements of Reapportionment:

• Regular adjustments: Redistricting should occur periodically (usually after a national
census).
• Equal population distribution: Every district should aim to represent an approximately
equal number of constituents.

4. Rules of Apportionment - Apportionment must follow specific constitutional and legal

guidelines to ensure fair representation. The key principles for legislative apportionment in the
Philippines include:
A. Constitutional Provisions:
• Each province or city with at least 250,000 inhabitants is entitled to at least one
representative in Congress (Article VI, Section 5).
• The apportionment law should ensure that districts have approximately equal
populations.
• Apportionment must adhere to the principles of territorial contiguity and compactness.

B. General Rules of Apportionment:

• Equity: Apportionment should result in districts of nearly equal population to ensure
equitable representation.
• Consistency: The boundaries should be logical and based on population size rather
than arbitrary lines.
• No Discrimination: Apportionment must not unfairly advantage or disadvantage any
group.

Exceptions: Sometimes smaller provinces or cities with less than 250,000 people may be allowed
to have their own district representation based on considerations of political, historical, or cultural
factors.

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 5. Gerrymandering - Gerrymandering is the deliberate manipulation of electoral district
boundaries to favor a particular political party or group. It is considered an abuse of the
redistricting process and violates the principles of fair representation.
A. Definition:
• Gerrymandering occurs when the boundaries of legislative districts are drawn in such
a way as to create an unfair advantage for a specific political party, candidate, or group.
B. Forms of Gerrymandering:
• Packing: Concentrating as many voters of one type into a single district to reduce their
influence in other districts.
• Cracking: Spreading voters of a particular type across many districts to dilute their
voting power.
C. Effects of Gerrymandering:
• Distorts representation: Gerrymandering leads to districts that do not accurately
reflect the population’s preferences, undermining the democratic process.
• Disenfranchises voters: It weakens the influence of certain groups, often leading to
underrepresentation of minorities or opposition parties.
D. Legal Safeguards Against Gerrymandering:
• In the Philippines, any form of gerrymandering is unconstitutional as it violates the
principles of equality of representation and territorial contiguity.
E. Solutions to Gerrymandering:
• Independent commissions: In some countries, independent commissions are tasked
with redistricting to ensure fairness and avoid political bias.
• Judicial review: Courts can intervene to prevent unconstitutional districting or rectify
cases of gerrymandering.

Conclusion: The processes of legislative apportionment and reapportionment are crucial to

maintaining fair and proportional representation in the Philippines’ legislative system. By
following the rules of apportionment, districts are drawn based on population size to ensure
equitable representation. However, practices like gerrymandering can distort this process and lead
to unfair political advantages. To safeguard democracy, legal mechanisms must be in place to
prevent such abuses and ensure that all citizens' votes are equally represented in the legislative
process.

Rules on Residence/Domicile
Residence and domicile are legal terms frequently used in determining eligibility for public
office, voting rights, and other legal matters. In Philippine law, the terms have specific
meanings, particularly in relation to the qualifications of elected officials, especially
members of Congress and local government officials.

1. Definition of Residence and Domicile

• Residence refers to a place where a person actually lives or stays, either permanently or
temporarily. It indicates the physical presence of a person in a particular locality.
• Domicile, on the other hand, refers to the permanent legal residence of a person. It implies
not just physical presence but also the intention to return or remain in that place for an
indefinite period of time.

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 • Elements of Domicile:
1. Physical Presence: The person must be physically present in the locality.
2. Intention to Remain: The person must have the intention of remaining in that
locality permanently or for an indefinite period.
3. Intention to Return: If the person leaves, they must have the intention of returning
to that locality.
• Types of Domicile:
1. Domicile of origin: A person's domicile at birth, usually the place where their
parents reside.
2. Domicile of choice: A domicile that is voluntarily chosen by a person who moves
to a new place with the intent to make it their permanent home.
3. Domicile by operation of law: A domicile assigned by law, such as the domicile
of a minor being that of their parents.

2. Constitutional and Legal Basis in the Philippines

In the context of the 1987 Philippine Constitution and the Omnibus Election Code,
domicile or residence plays a critical role in determining the eligibility of individuals to
run for public office.

A. Constitutional Provisions on Residence for Elected Officials:

• President/VicePresident: Must be a resident of the Philippines for at least 10 years
immediately preceding the election (Article VII, Section 2).
• Senators: Must be a resident of the Philippines for at least 2 years immediately preceding
the day of the election (Article VI, Section 3).
• Members of the House of Representatives: Must be a resident of the legislative district
they wish to represent for at least 1 year immediately preceding the day of the election
(Article VI, Section 6).
• Local Government Officials: Must be a resident of the city, municipality, or province
where they intend to run for at least 1 year immediately preceding the election (Local
Government Code of 1991).

B. Importance of Residence/Domicile in Elections:

• A candidate must establish their residence in the locality where they are running for office
to qualify for election. The failure to meet the residence or domicile requirement may result
in disqualification.
• The issue of residence is often subject to legal challenges, especially in elections where the
opposing party questions whether the candidate meets the minimum residence requirement.

3. Requisites for Establishing Residence/Domicile

For a person to establish residence or domicile in a particular locality for purposes of
eligibility to run for office, the following requisites must be met:
• Physical Presence: The person must physically live in the locality. This can be proven
through documents like leases, utility bills, or witness testimony.
• Intention to Remain: The person must intend to remain in that locality for the foreseeable
future. This intention can be inferred from the person’s actions, such as purchasing
property, establishing business, or other acts that show permanence.

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 • Intention to Return: If the person is absent from the locality, they must have the intention
of returning, which preserves the continuity of domicile.

4. General Rules on Residence/Domicile

• One Domicile Rule: A person can only have one domicile at a time. This is distinguished
from residence, where a person can have multiple residences but only one domicile.
• Domicile Retention: A domicile, once established, is retained until a new one is acquired.
To change domicile, there must be:
1. An actual removal to another place.
2. An intention to remain in the new place permanently.
3. An abandonment of the old domicile.

5. Exceptions to the General Rules

• Temporary Absence: A person may still retain their domicile in a locality even if they are
temporarily absent, provided they intend to return to that place. For example, an overseas
worker (OFW) can retain their domicile in the Philippines despite working abroad.
• Dual or Multiple Residences: A person can have more than one residence, but the legal
concept of domicile ties them to only one permanent home. For example, an individual
may own homes in two cities but must choose one as their legal domicile.
• Public Officials and Domicile: The domicile of public officials may be a special case. For
example, officials elected to national positions may temporarily reside in the capital city
for the duration of their service, but their domicile remains in their province or locality of
origin.

6. Proof of Residence/Domicile
A candidate may be required to prove their residence or domicile to contest in an election.
Proof can be demonstrated through various documents and circumstances, such as:
• Voter’s registration records.
• Utility bills and rent receipts.
• Ownership of property.
• Affidavits from neighbors and other witnesses.
• School records for children or other dependents, which may indicate where the family
resides.

In the event of a dispute over a candidate's domicile, the Commission on Elections

(COMELEC) or the courts may decide based on the evidence presented.

Conclusion: Residence and domicile are critical concepts in Philippine electoral law, especially
concerning the eligibility of candidates to run for office. Domicile refers to a person’s permanent
home, while residence is where they live at a given time. To qualify for public office, a candidate
must meet the constitutional and statutory residence requirements. Exceptions apply in certain
situations, such as temporary absences or multiple residences, but domicile is generally retained
until another is established with clear intent and physical presence. Disputes over domicile or
residence often arise in elections, making this an essential element of electoral law.

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PartyList System in the Philippines

The PartyList System in the Philippines is a mechanism of proportional representation in

the election of representatives to the House of Representatives. It is intended to give
marginalized and underrepresented sectors of society a voice in the legislative process.

1. Definition and Purpose

• The PartyList System Act (Republic Act No. 7941) governs the election of partylist
representatives. This system allows political parties, organizations, or coalitions
representing marginalized and underrepresented groups to gain seats in the House of
Representatives.
• The system aims to enhance democracy by providing these groups an opportunity to
participate in legislation. It is also intended to combat the dominance of traditional political
families and large political parties in the Philippine political landscape.

2. Key Features of the PartyList System

A. Groups Allowed to Participate
1. National and Regional Parties: These are political parties or organizations that have
nationwide or regional constituencies.
2. Sectoral Parties: These represent marginalized sectors of society, such as labor,
peasant, fisherfolk, urban poor, indigenous cultural communities, women, youth,
elderly, and veterans, among others.
B. Seat Allocation
• The Constitution mandates that 20% of the total seats in the House of
Representatives be allocated to partylist representatives.
• Under the PartyList System Act, each voter can cast two votes during elections: one
for a district representative and another for a partylist group. The Commission on
Elections (COMELEC) oversees the process.
• The seat allocation for partylist groups is determined by the percentage of votes they
receive. A partylist organization must garner at least 2% of the total partylist votes
to be entitled to one seat. However, each party can win a maximum of three seats,
regardless of the total number of votes.

3. Three Groups in the PartyList System

1. National and Regional Parties/Organizations: These are broadbased groups with large
geographic constituencies that aim to represent national or regional interests.
2. Sectoral Parties/Organizations: These represent specific marginalized sectors, such as
labor, women, or indigenous groups, and aim to bring their concerns into the legislative
arena.
3. Coalitions: These consist of a combination of two or more parties or organizations that pool
resources and votes to secure representation in Congress.

4. Qualifications for PartyList Representation

To participate in the partylist system, parties or organizations must meet the following
qualifications:

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 o They must represent marginalized and underrepresented sectors.
o They should not be supported by or affiliated with the government.
o They must register with the COMELEC and submit the names of their nominees before
elections.

5. Disqualifications of PartyList Groups

Several disqualifications apply under the PartyList System Act:

1. Religious Groups: Religious denominations or sects are prohibited from registering as

partylist organizations.
2. Government Officials: Organizations or parties supported by or funded by the
government are not allowed to participate.
3. Traditional Political Parties: Parties that are associated with or controlled by traditional
political dynasties or influential families may be disqualified if they do not represent
marginalized sectors.
4. NonMarginalized Groups: Groups that do not represent the marginalized or
underrepresented sectors are also disqualified from participating.

6 .Parameters in the Election of PartyList Representatives

• Selection of Nominees: Partylist groups must submit a list of at least five nominees to the
COMELEC before the elections. These nominees are ranked in the order in which they will
assume office if the party wins the requisite number of votes.
• Rotation of Seats: In case a partylist representative is disqualified or resigns, the next
nominee in line takes their place.
• No Substitution: After the list of nominees has been submitted, no substitutions are
allowed, except in cases of death or incapacity.

7. General Rules on Seat Allocation

• Threshold for Representation: A partylist group must obtain at least 2% of the total votes
cast for partylist groups to secure a seat in the House of Representatives.
• ThreeSeat Cap: A partylist group can win a maximum of three seats, regardless of the
percentage of votes it receives. This is meant to prevent a single group from dominating
the partylist representation.
• MultiLevel Distribution: Seats are distributed proportionally based on the total number of
votes obtained by the partylist organizations.

8.Criticism and Challenges of the PartyList System

The PartyList System, while aimed at empowering marginalized sectors, has faced several
challenges:
• Traditional Political Parties' Involvement: Over time, traditional political parties and
wealthy political families have managed to infiltrate the partylist system by creating or
supporting organizations that nominally represent marginalized sectors. This has diluted
the original intent of the system.
• Proliferation of PartyList Groups: The large number of partylist groups can sometimes
confuse voters, as many groups have similar names or claim to represent overlapping
sectors.

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 • Reform Proposals: There have been ongoing calls for reform to tighten the qualifications
for partylist groups and ensure that only genuine representatives of marginalized sectors
are allowed to participate.

Conclusion: The PartyList System in the Philippines is an essential feature of the country's
representative democracy, providing a platform for marginalized and underrepresented sectors to
participate in lawmaking. However, the system faces challenges, including the entry of traditional
political groups. Despite its imperfections, the partylist system remains a key element in ensuring
broader representation in the legislative process. Ongoing efforts to reform the system aim to align
it more closely with its original purpose of providing a voice to those who have historically been
excluded from power.

Three (3) groups in the party-list system, national and regional parties, sectoral parties
Parameters in the election of party-lists, seat allocation for party list representatives
Disqualifications of parties

Three Groups in the Party-List System

In the Philippine PartyList System, there are three main categories of groups that may
participate in elections to gain representation in the House of Representatives:

1. National Parties and Organizations

• Definition: These are broadbased political parties or organizations that seek to represent
the interests of the entire nation. They do not limit their scope to any specific sector or
geographic area.
• Examples: Political parties that focus on national issues such as governance, development,
or policy reform.

2. Regional Parties and Organizations

• Definition: These parties or organizations represent specific regions of the Philippines.
Their constituencies are limited to particular geographic areas rather than the entire
country.
• Examples: Parties or organizations that focus on the interests of regions like Mindanao,
Luzon, or the Visayas.

3. Sectoral Parties and Organizations

• Definition: These represent marginalized and underrepresented sectors of society, such as
labor, farmers, fisherfolk, women, youth, and indigenous peoples.
• Purpose: The goal is to give these sectors a voice in legislation and ensure their concerns
are represented in Congress.
• Examples: Labor unions, indigenous groups, organizations representing urban poor
communities.

Parameters in the Election of PartyList Representatives

1. Nomination of Representatives:

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 • Partylist organizations must submit a list of nominees to the Commission on Elections
(COMELEC) before elections. These nominees are ranked in the order they will assume
office if the party wins seats.
• The list must contain at least five nominees, and these individuals must meet the same
qualifications as district representatives (e.g., naturalborn citizens of the Philippines, at
least 25 years old, and a registered voter).

2. Seat Allocation:
• Partylist representatives are allocated based on the proportion of votes they receive in
relation to the total votes cast for the partylist system.
• A partylist group must secure at least 2% of the total votes cast for partylist groups to be
awarded one seat.
• ThreeSeat Cap: A partylist group can only win a maximum of three seats, regardless of the
total number of votes it receives.
• The remaining seats are distributed proportionally among the partylist groups that received
more than 2% of the votes.

Disqualifications of PartyList Groups

Under the PartyList System Act (RA 7941), several groups are disqualified from participating in
the partylist system:
1. Religious Groups:
• Religious denominations or sects are prohibited from registering as partylist
organizations. This ensures that the system remains secular and does not allow religious
organizations to dominate legislative processes.
2. GovernmentSupported Groups:
• Organizations or parties that receive funding or support from the government are
disqualified from participating in the partylist elections. This rule is meant to prevent
undue influence by governmentbacked entities and to maintain the independence of the
partylist system.
3. Traditional Political Parties:
• Parties that are dominated or controlled by traditional political elites or families may be
disqualified if they do not represent marginalized sectors. The intent is to ensure that
only genuine representatives of marginalized and underrepresented groups can run under
the partylist system.
4. NonMarginalized Groups:
• Groups that do not represent marginalized or underrepresented sectors are also
disqualified. This prevents affluent or powerful groups from taking advantage of the
partylist system, which was designed to give voice to the disadvantaged.

Conclusion : The Philippine PartyList System is designed to ensure a broader representation in

the House of Representatives, especially for marginalized and underrepresented sectors. By
limiting participation to national, regional, and sectoral groups, the system aims to provide these
sectors a voice in the legislative process. However, the system faces challenges, such as
disqualification issues and concerns about traditional political parties infiltrating the system, which
require ongoing reforms to uphold the system's integrity.

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Regular and Special Elections
In the context of the Philippine legislative system, elections are essential for ensuring
democratic representation. There are two main types of elections that elect members of the
House of Representatives and the Senate: regular elections and special elections.

Regular Elections
1. Definition:
• Regular elections are those scheduled by law and occur at regular intervals. In the
Philippines, regular elections for legislative positions are held every three years.
2. Scope:
• Regular elections are conducted to elect members of the Senate, the House of
Representatives, and local government officials.
• Senators: Half of the 24member Senate is elected every six years (with 12 seats contested
every three years).
• House of Representatives: All district and partylist representatives are elected every three
years.
3. Legal Basis:
• Regular elections are mandated by the 1987 Philippine Constitution.
• The law sets the specific election day on the second Monday of May every three years, as
provided by the Omnibus Election Code and other election laws.
4. Purpose:
• The primary purpose of regular elections is to ensure a continuous democratic process and
provide citizens the opportunity to elect their representatives based on periodic intervals.
• Regular elections enable the turnover of public office, giving voters the power to hold their
elected officials accountable.

Special Elections
1. Definition:
• Special elections are held when a vacancy occurs in an elected office before the expiration
of the term. Special elections are held to fill such vacancies outside the regular election
schedule.
2. When Are Special Elections Held?
• Special elections may occur due to the death, resignation, or disqualification of an
incumbent official.
• A special election must be held to fill the vacancy for the unexpired term of the office, as
provided for in Section 9 of the 1987 Philippine Constitution.
3. Scope:
• Special elections apply to the House of Representatives and Senate, as well as other local
elective positions.
• The President may call for a special election to fill vacancies in legislative bodies.
4. Legal Basis:
• The calling of special elections is subject to laws such as the Omnibus Election Code and
specific legislative acts concerning the election of representatives.
• Article VI, Section 9 of the 1987 Philippine Constitution requires that a special election to
fill a vacancy in the House of Representatives be held within 60 days after the vacancy
arises, except when it occurs less than one year before the next regular election.

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5. Purpose:
• Special elections ensure that all legislative seats are filled and that constituencies continue
to have representation in Congress despite unexpected vacancies.
• They serve to maintain the balance and functionality of the legislative branch.

General Rules:
1. Timing:
o Regular elections take place every second Monday of May every three years.
o Special elections must be conducted within 60 to 90 days after a vacancy arises in the
House of Representatives, except within the last year of the term.
2. Voter Participation:
o Both regular and special elections follow the same basic rules for voter eligibility.
Citizens who are at least 18 years old, registered voters, and not disqualified by law
can vote.
3. Conduct:
o The Commission on Elections (COMELEC) oversees the conduct of both regular and
special elections, ensuring that these elections follow established legal processes,
including campaign regulations, voting, and vote counting.

Exceptions:
1. No Special Elections in the Last Year:
o If a vacancy occurs in the House of Representatives or Senate less than one year
before the next regular election, no special election is held. The seat remains vacant
until the next regular election.
2. Automatic Succession:
o In the event of a vacancy in certain positions, such as local government offices,
automatic succession may occur instead of a special election (e.g., the vice mayor
or vice governor may assume the position of mayor or governor).

Conclusion : Both regular and special elections play a crucial role in the democratic process by
ensuring that elected representatives are chosen through popular vote. Regular elections provide
for the periodic election of officials, while special elections address unexpected vacancies,
ensuring that the people’s representatives remain complete and functional. The mechanisms for
holding these elections are designed to uphold electoral integrity and maintain the continuity of
governance.

Vacancies and Salaries in the Legislative Branch

In the Philippine legislative system, vacancies and salaries for members of the Senate and
House of Representatives are important aspects of governance. Here’s a detailed
breakdown of the provisions, definitions, subtopics, general rules, and exceptions
regarding vacancies and salaries:

Vacancies Definition:
• A vacancy occurs when an elected legislative position becomes unoccupied before the
expiration of the term due to death, resignation, disqualification, incapacity, or removal
from office.

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Reasons for Vacancies:
1. Death: A member of Congress passes away while in office.
2. Resignation: A member voluntarily relinquishes their seat.
3. Disqualification: A member is disqualified due to legal reasons, such as the
discovery of an election offense, or loss of qualifications (e.g., citizenship or
residence).
4. Incapacity: A member becomes physically or mentally incapable of performing
their duties.
5. Expulsion: A member is expelled from Congress for disciplinary reasons (e.g.,
serious misconduct).
6. Election Annulment: The election of a member is annulled by the House of
Representatives Electoral Tribunal or Senate Electoral Tribunal due to election
irregularities.

Filling Vacancies:
1. Special Elections:
• Vacancies in the House of Representatives are filled by holding a special election, as
provided for in Section 9, Article VI of the 1987 Philippine Constitution.
• Special elections are held within 60 to 90 days after the occurrence of the vacancy, except
when it happens within one year before the next regular election.
2. Temporary Vacancies:
• In cases where a member is temporarily incapacitated, other members may be designated
to temporarily take over responsibilities (e.g., the Senate President or Speaker of the
House of Representatives may assign another legislator to perform certain duties).
3. No Special Elections in the Last Year of the Term:
• If a vacancy occurs less than one year before the next regular election, no special election
is called. The seat remains vacant until the upcoming regular election.

Salaries Definition:
Salaries refer to the compensation received by members of Congress (both the Senate and
House of Representatives) for their official duties. The salaries of legislators are regulated
by law and are subject to periodic adjustments.

Legal Basis:
The salaries of members of Congress are provided for in Section 10, Article VI of the 1987
Philippine Constitution, which states that compensation may be determined by law and
shall not be increased during the term of office of the members enacting the law.

Current Compensation:
• Basic Salary: Members of Congress receive a monthly salary as prescribed by law. The
current salary is in accordance with the Salary Standardization Law (RA 6758) and other
laws governing the compensation of government officials.
o Senators and Members of the House of Representatives currently receive a basic
monthly salary of Salary Grade 31, which is set by law and subject to periodic
reviews.

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 • Additional Allowances:
o Members of Congress may receive additional allowances for travel, office
operations, and other legislative activities. These allowances cover expenses related
to performing their duties as legislators.

Benefits:
In addition to their salaries, members of Congress are entitled to various benefits, including:
1. Travel Allowances: Reimbursement for official travel within and outside the
country.
2. Staffing Support: Funds for the salaries of legislative staff.
3. Medical and Health Benefits: Access to healthcare and medical services as
government employees.
4. Retirement Benefits: Pension plans and retirement packages based on years of
service.

General Rules Regarding Salaries:

1. No Salary Increase During Term:
• The Constitution prohibits any increase in the salary of members of Congress during the
term in which the law authorizing the increase was enacted.
2. Equal Compensation:
• Members of the Senate and the House of Representatives receive equal salaries,
regardless of their position within the chamber (e.g., a rankandfile member receives the
same salary as a committee chairperson, although they may receive additional
allowances for extra duties).
3. Public Disclosure:
• Salaries and compensation packages of public officials, including members of Congress,
are made public as part of the government’s commitment to transparency and
accountability.

Exceptions:
1. Exemption from Salary Increase During Term:
• The Constitution strictly prohibits salary increases during the term of office, which
prevents any sitting Congress from raising its own pay while in office.
2. Salaries of Leadership Positions:
• While the basic salary remains the same, leaders of both chambers (e.g., Senate President
and Speaker of the House) may receive additional stipends or allowances based on their
positions of responsibility.

Conclusion :The system governing vacancies and salaries in the legislative branch ensures
continuity of representation and fair compensation for lawmakers. Vacancies are filled via special
elections, guaranteeing that constituencies remain represented. Salaries are determined by law and
reflect the importance of the role while adhering to constitutional limitations on increases during
a sitting term. Both aspects underscore the balance between governance, accountability, and fair
remuneration in the legislative process.

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Legislative privileges (privilege from arrest, privilege of speech and debate)

Legislative Privileges
Legislative privileges are special rights and immunities granted to members of Congress
(Senate and House of Representatives) that allow them to perform their functions without
undue interference. These privileges are enshrined in the 1987 Philippine Constitution and
are essential for the independence and effective functioning of the legislative branch.

Privilege from Arrest Definition:

The privilege from arrest refers to the immunity of members of Congress from arrest for
offenses punishable by less than six years of imprisonment while Congress is in session.
This privilege ensures that lawmakers can fulfill their legislative duties without the threat
of arbitrary detention.

Legal Basis:
• Section 11, Article VI of the 1987 Philippine Constitution: "A Senator or Member of
the House of Representatives shall, in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while the Congress is in session."

Scope of the Privilege:

1. During Sessions: The privilege from arrest only applies when Congress is in regular or
special session. It does not apply during recesses.
2. Offenses Covered: The privilege applies only to offenses punishable by imprisonment of
six years or less.
3. NonCovered Offenses: For more serious crimes (e.g., those punishable by more than six
years of imprisonment), members of Congress can be arrested even while Congress is in
session.

Purpose:
The primary purpose of this privilege is to protect the independence of the legislative
branch by ensuring that legislators are not unduly harassed through arrests for minor
offenses, which could impede their ability to attend sessions and carry out their legislative
duties.

Privilege of Speech and Debate Definition:

The privilege of speech and debate grants members of Congress immunity from being
questioned or held liable for any speech, debate, or statements made in connection with
their official duties during congressional sessions or committee hearings.

Legal Basis:
• Section 11, Article VI of the 1987 Philippine Constitution: "No member shall be
questioned nor be held liable in any other place for any speech or debate in the Congress
or in any committee thereof."

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Scope of the Privilege:
1. Absolute Immunity: This privilege provides absolute immunity for anything said in the
course of legislative debates, speeches, or actions within the official scope of their duties
as lawmakers.
2. Applies to Committees and Floor Debates: The privilege extends to speeches and debates
during plenary sessions and committee hearings.
3. Outside of Congress: Legislators are not immune for statements made outside of official
legislative duties, such as in interviews or personal statements.

Purpose:
The privilege of speech and debate is designed to:
1. Protect Legislative Independence: It allows legislators to speak freely, without fear of
legal repercussions, in the performance of their duties.
2. Promote Open Debate: By protecting free expression, it encourages robust debate and
discussion on public policy matters, which is essential to the legislative process.

General Rules
1. Limited to Official Acts: Both privileges are strictly tied to the official functions of
members of Congress. The privilege from arrest is only applicable during sessions, and the
privilege of speech and debate is only for acts performed in Congress.
2. No Protection for Serious Crimes: Legislators are not immune from arrest for serious
crimes punishable by more than six years of imprisonment.
3. No Immunity for NonLegislative Actions: The privilege of speech and debate does not
protect legislators for actions outside of their legislative functions, such as slander or libel
in public statements made outside of congressional sessions.

Exceptions
1. Grave Crimes: The privilege from arrest does not cover crimes punishable by more than
six years of imprisonment (e.g., treason, murder, and graft and corruption).
2. Nonlegislative Speech: If a legislator makes defamatory remarks outside of Congress or
during nonlegislative functions (e.g., at a press conference), the privilege of speech and
debate does not apply.

Conclusion: Legislative privileges, specifically the privilege from arrest and the privilege of
speech and debate, are fundamental protections that enable members of Congress to perform their
duties without interference. These privileges ensure that lawmakers can debate, legislate, and
represent their constituencies effectively and without fear of retribution. However, these
immunities are balanced by limitations that prevent abuse, particularly for serious offenses or
actions outside the scope of legislative duties.

Inhibitions and Disqualifications of Legislators

Inhibitions and disqualifications refer to the restrictions and limitations placed on members
of Congress to prevent conflicts of interest, ensure accountability, and uphold the integrity
of the legislative process. These provisions are designed to prevent legislators from using
their positions for personal gain or engaging in activities that would undermine their duties.

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Inhibitions Definition:
Inhibitions are rules or limitations that prohibit legislators from engaging in certain
activities or holding certain positions while in office. These are intended to prevent
conflicts of interest and ensure that legislators focus solely on their duties in Congress.

Legal Basis:
• Section 14, Article VI of the 1987 Philippine Constitution: "No Senator or Member of
the House of Representatives may personally appear as counsel before any court of justice
or before the Electoral Tribunals, or quasijudicial and other administrative bodies."

Scope of Inhibitions:
1. Holding Another Office: Legislators are prohibited from holding any other office or
employment in the government or any of its subdivisions, agencies, or instrumentalities,
including governmentowned or controlled corporations (GOCCs).
o Exception: If they are appointed by Congress to an office such as a committee
chairperson.
2. Appearance as Counsel: Senators and Representatives are prohibited from appearing as
legal counsel in any court, quasijudicial body, or administrative agency during their term
of office.
o Purpose: This ensures that legislators do not misuse their influence in the judicial
system while serving in Congress.
3. Engagement in Business or Conflict of Interest: Legislators are prohibited from having
any direct or indirect financial interest in any contract with, or franchise or privilege
granted by, the government or any of its agencies.
o Purpose: To prevent legislators from using their office to enrich themselves
through business dealings with the government.

Disqualifications Definition:
Disqualifications refer to conditions or circumstances that render a person ineligible to
serve in Congress or to continue serving as a legislator. These are often based on legal,
moral, or ethical grounds.

Legal Basis:
• Section 13, Article VI of the 1987 Philippine Constitution: Disqualifications are often
tied to specific acts or violations, including engaging in prohibited activities while serving
as a member of Congress.

Grounds for Disqualification:

1. Conviction of a Crime Involving Moral Turpitude:
o A legislator can be disqualified from holding office if convicted of a crime
involving moral turpitude (e.g., theft, fraud, bribery).
o Purpose: To ensure that only individuals of high moral standing hold positions
of power in the legislative branch.
2. Violation of Inhibitions:
o A legislator who violates the provisions on holding another office or engaging
in prohibited business dealings may be disqualified.

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 o Examples: Accepting a position in the executive branch, or personally
appearing as counsel in a legal proceeding.
3. Dual Citizenship:
o Under Republic Act No. 9225 (Citizenship Retention and Reacquisition Act of
2003), individuals who have dual citizenship may be disqualified from holding
elective office unless they renounce their foreign citizenship.
o Purpose: To ensure loyalty to the Philippines and prevent potential conflicts of
interest that may arise from dual allegiance.
4. Impeachment and Removal from Office:
o A legislator who is impeached and removed from office (in the case of Senators,
for example) is disqualified from holding any future office in government.

Subtopics and Elements:

1. Prohibition on Holding Other Government Positions:
o Requisite: The legislator must not accept or hold any other office in the government,
except when expressly authorized by the Constitution or law.
o General Rule: No concurrent employment in the government.
o Exception: Positions appointed by Congress (e.g., committee chair).

2. Prohibition on Engaging in Business:

o Requisite: The legislator must not have any financial interest in government contracts or
businesses that could create a conflict of interest.
o General Rule: No business dealings with the government.
o Exception: Legitimate business interests declared in financial disclosures, and not related
to government contracts.

3. Prohibition on Appearing as Legal Counsel:

o Requisite: The legislator cannot serve as legal counsel in any capacity, except when
representing themselves or their immediate family.
o General Rule: No legal appearances before any government body.
o Exception: Personal legal representation for themselves or immediate family members.

4. Disqualification Due to Criminal Conviction:

o Requisite: A conviction for a crime involving moral turpitude, or crimes punishable by
more than six years of imprisonment.
o General Rule: Immediate disqualification upon final conviction.
o Exception: No disqualification if the conviction is overturned on appeal.

General Rules:
1. Focus on Legislative Duties: Inhibitions and disqualifications aim to ensure that
legislators devote their time and attention solely to their legislative duties and avoid
conflicts of interest.
2. Moral Integrity: Legislators must maintain a high standard of moral integrity to hold
office. Any involvement in crimes of moral turpitude or corruption may lead to
disqualification.

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 3. Strict Enforcement: Violations of these prohibitions may result in disciplinary action,
including suspension, expulsion, or permanent disqualification from public office.

Exceptions:
1. Positions Authorized by Law: Legislators may accept positions in government bodies if
explicitly authorized by the Constitution or law (e.g., committee chair positions).
2. Personal Legal Matters: Legislators may represent themselves or their immediate family
in personal legal matters, even if they are serving as members of Congress.

Conclusion: Inhibitions and disqualifications serve as essential safeguards in maintaining the

ethical and functional integrity of Congress. By restricting certain activities, such as holding other
offices, engaging in business with the government, and serving as legal counsel, these provisions
ensure that legislators are fully focused on their legislative duties and are not subject to conflicts
of interest. Disqualifications based on criminal behavior further reinforce the moral standards
expected of lawmakers. These rules contribute to a transparent and accountable legislative body
that upholds the public trust.

Sessions: Regular and Special Sessions, Kinds of Recess

Sessions refer to the formal meetings of legislative bodies like the Senate and the House of
Representatives, during which they deliberate and make decisions on proposed laws and
other legislative matters. Sessions can either be regular or special, and legislative bodies
may also take different types of recess.

1. Regular Sessions: Definition: A regular session is the yearly meeting of the legislative body
mandated by law, during which legislators convene to discuss and pass laws, resolutions, and other
legislative measures.

Legal Basis:
• Section 15, Article VI of the 1987 Philippine Constitution: "The Congress shall convene
once every year on the fourth Monday of July for its regular session, unless a different date
is fixed by law, and shall continue to be in session for such number of days as it may
determine until thirty days before the opening of its next regular session, exclusive of
Saturdays, Sundays, and legal holidays."

General Features:
• Annual Meeting: Congress is required to convene on the fourth Monday of July each year.
• Duration: The regular session runs from the fourth Monday of July and usually lasts until
30 days before the next regular session starts.
• Main Purpose: During regular sessions, legislators engage in the enactment of laws,
budget deliberations, and other routine legislative duties.

Importance: Regular sessions are crucial for the enactment of laws, fiscal planning, and
addressing the ongoing needs of the government and the public.

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2. Special Sessions Definition:
A special session is an extraordinary meeting of the legislative body, convened outside of
the regular session period, typically for specific urgent matters that require immediate
attention.

Legal Basis:
• Section 15, Article VI of the 1987 Philippine Constitution: "The President may call a
special session at any time."

General Features:
• Presidential Call: Special sessions are called by the President of the Philippines to address
urgent legislative matters, such as budget issues or emergencies that need immediate
legislative action.
• Specific Agenda: Unlike regular sessions, special sessions focus on a specific topic or
urgent issue.
• Short Duration: Special sessions are usually shorter than regular sessions and are limited
to the specific matters outlined in the presidential call.

Importance: Special sessions allow the government to address urgent issues that cannot wait until
the next regular session, such as national emergencies or critical budgetary concerns.

3. Kinds of Recess
A recess refers to a temporary suspension of legislative meetings or activities. Recess
periods allow legislators to work on pending bills, engage with constituents, or take a break
from formal sessions. There are different kinds of recesses in legislative bodies.

a) Interim Recess:
• Occurs between legislative sessions, such as the break between the first and second
regular sessions of Congress.
• Typically, during interim recesses, no formal sessions are held, although committee
meetings or hearings may continue.
b) Holiday Recess:
• A recess taken to observe national holidays, during which all legislative activities
are suspended.
c) Session Break:
• Shorter breaks during a session that temporarily halt legislative proceedings.
• Legislators often use these breaks to consult with constituents or work on pending
legislation.

Importance: Recesses allow legislators to conduct necessary research, interact with constituents,
and address issues in their districts, ensuring that they are wellprepared to participate in legislative
deliberations when the session resumes.

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 Conclusion: Regular and special sessions are integral to the functioning of the legislative process,
providing formal opportunities for Congress to convene, deliberate, and pass laws. Recess periods
give legislators the time to perform nonlegislative duties and prepare for upcoming sessions. The
balance between formal legislative meetings and recesses ensures the legislative body operates
efficiently and is responsive to both urgent and routine matters affecting the country.

Quorum and Voting Majorities

Quorum and voting majorities are essential concepts in legislative proceedings that
determine when a legislative body can conduct business and make decisions. These
principles are outlined in the 1987 Philippine Constitution and the internal rules of
Congress.

1. Quorum Definition:
A quorum is the minimum number of members required to be present in a legislative body,
such as the Senate or the House of Representatives, to conduct official business.

Legal Basis:
Section 16(2), Article VI of the 1987 Philippine Constitution: "A majority of each House shall
constitute a quorum to do business, but a smaller number may adjourn from day to day and may
compel the attendance of absent members in such manner, and under such penalties, as such House
may provide."

General Rule:
• A majority of the members of each chamber of Congress is required to form a quorum.
This means that more than half of all members must be present for the legislative body to
proceed with official business, such as deliberating bills or passing laws.
o In the House of Representatives, a majority of the 316 members (as of 2023) would
be 159 members.
o In the Senate, a majority of the 24 members would be 13 members.

Absence of Quorum:
• If there is no quorum, the legislative body cannot conduct official business. A smaller
group of members may only adjourn the session or take action to compel the attendance
of absent members (e.g., issuing orders to require their presence).

Exceptions/Adjournment:
• The Constitution allows the legislative body to adjourn and compel absent members to
attend, even if a quorum is not present, but no substantive legislative business can occur
without a quorum.

2. Voting Majorities
Once a quorum is established, different types of voting majorities are required for various
actions within the legislative process, depending on the nature and importance of the issue
at hand.

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a) Simple Majority
• A simple majority refers to more than half of the members present in a session (as long as
a quorum exists) voting in favor of a proposal.
Use Case:
o Most routine legislative actions, such as the passage of ordinary bills, only require
a simple majority vote.
Example:
o If 200 members of the House of Representatives are present (a quorum is present),
then a simple majority would be 101 votes.

b) Absolute Majority
• An absolute majority requires more than half of the total membership of the legislative
body, regardless of how many members are present at the session.
Use Case:
o More significant actions, such as impeaching the President or passing a
constitutional amendment, may require an absolute majority.
Example:
o In the House of Representatives, an absolute majority would require more than half
of the total membership (i.e., at least 159 members out of 316) to vote in favor,
regardless of attendance.
c) TwoThirds Majority
A twothirds majority requires twothirds of the members present (assuming a quorum) to
vote in favor of the proposal.
Use Case:
o Certain critical legislative decisions require a twothirds vote, such as:
o Overriding a presidential veto.
o Suspending or expelling a member of Congress.
Example:
o If 200 members of the House of Representatives are present, a twothirds majority
would be 134 votes in favor.
d) ThreeFourths Majority
A threefourths majority requires 75% of the total membership to vote in favor of the
proposal.
Use Case:
o Amending the Constitution may require a threefourths vote from both the House of
Representatives and the Senate.
Example:
o In the House of Representatives, with 316 members, a threefourths majority would
be 237 votes.

3. Doctrine of Shifting Majority Definition:

The Doctrine of Shifting Majority refers to the principle that different voting thresholds
may apply depending on the type of legislative measure or action being voted upon.

Example: A bill may pass with a simple majority on its third reading, but overriding a presidential
veto of that same bill requires a twothirds majority.

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Conclusion: The concepts of quorum and voting majorities are crucial in ensuring that legislative
bodies operate effectively and that decisions reflect the collective will of a sufficient number of
lawmakers. A quorum ensures that there are enough members present to represent the body
adequately, while different voting majorities are used to reflect the level of consensus required for
different types of legislative actions.

Doctrine of Shifting Majority

Doctrine of Shifting Majority Definition:

The Doctrine of Shifting Majority is a principle in parliamentary practice where the
required majority or voting threshold to pass a measure changes depending on the stage or
nature of the legislative process. In simpler terms, different actions within the legislative
process may require different levels of majority approval, and this majority may "shift"
depending on the situation.

Explanation : The shifting majority reflects the increasing or decreasing difficulty of passing a
legislative measure depending on the stage of the legislative process or the type of legislative
action being taken. Some legislative decisions require only a simple majority, while others, due to
their gravity or constitutional implications, may require a twothirds or even threefourths majority.

Key Elements of the Doctrine of Shifting Majority:

1. Different Voting Thresholds:
• The voting threshold or majority required can change depending on the context. For
example, the passage of an ordinary bill typically requires a simple majority, but
overriding a presidential veto of that same bill requires a twothirds majority.
2. Legislative Flexibility:
• The doctrine ensures flexibility in legislative decisions, with more critical actions
demanding broader consensus. It is a reflection of the principle that more significant or
impactful decisions should be made with greater agreement among lawmakers.
3. Application Across Legislative Stages:
• In the legislative process, bills go through several readings, debates, and amendments.
At each stage, the number of votes required for passage may change.

Application of the Doctrine

1. Simple Majority (More than half of the members present):
• Example: For most legislative actions, including the passage of ordinary bills, a simple
majority is sufficient. This is the lowest threshold and is used for routine or
noncontroversial decisions.
2. TwoThirds Majority (66.67% of the members present or, in some cases, total
membership):
• Example: Overriding a presidential veto requires a twothirds majority vote in both
chambers of Congress. This ensures that a substantial number of legislators agree to
override the President’s objection.
• Another example includes suspending or expelling members of Congress, which requires
a twothirds majority.

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3. ThreeFourths Majority (75% of the total membership):
• Example: Amending the Philippine Constitution requires a threefourths majority vote in
both the House of Representatives and the Senate. Given the farreaching consequences
of constitutional amendments, this higher threshold ensures broad consensus.

Examples in Practice:
1. Passing a Bill:
• A simple majority of those present is needed to pass a bill on its third reading. If the bill
is vetoed by the President, the same bill needs a twothirds majority from both houses to
override the veto.
2. Constitutional Amendments:
• While ordinary bills require a simple majority, constitutional amendments require the
approval of threefourths of all members of each house. This ensures that such significant
changes to the Constitution are supported by an overwhelming majority.
3. Impeachment:
• Impeaching a President or highranking official in the Philippines begins in the House of
Representatives, where a simple majority vote is needed to approve the articles of
impeachment. However, in the Senate, a twothirds majority is required to convict and
remove the official from office.

Conclusion: The Doctrine of Shifting Majority is an essential mechanism within the legislative
process that allows for varying levels of consensus depending on the significance of the legislative
action. By adjusting the required majority at different stages or for different types of decisions, it
ensures that more critical and impactful actions receive broader support from lawmakers, thus
safeguarding the democratic process.

Rule on Adjournment

Rule on Adjournment Definition:

The Rule on Adjournment pertains to the procedure and regulations governing the ending
of a session in a legislative body, such as Congress. Adjournment can refer to the
conclusion of a single meeting or the closing of an entire legislative session. The rules
governing adjournment ensure orderly transitions between sessions and maintain the
legislative process's integrity.

Explanation: Adjournment is an important aspect of legislative procedure, allowing for the

orderly conclusion of meetings or sessions. The rules surrounding adjournment often include
provisions about how and when a session can be adjourned, who has the authority to adjourn, and
the implications of adjournment for legislative business.

Key Elements of the Rule on Adjournment:

1. Types of Adjournment:
• Adjournment Sine Die: This refers to adjourning without setting a date for reconvening.
It marks the end of a legislative session and signifies that the legislature will not meet again
until a new session is called.

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 • Adjournment to a Specific Date: In this case, the legislative body sets a date for when
they will reconvene.
2. Authority to Adjourn:
• The authority to adjourn a session typically lies with the presiding officer (e.g., the Speaker
of the House or the Senate President). In some cases, members may also vote to adjourn.
• If the presiding officer adjourns the meeting, the decision is generally considered final
unless a motion to reconsider is made.
3. Procedure for Adjournment:
• Motion to Adjourn: A member must move to adjourn, and the motion usually requires a
second. The motion is then debated and voted upon.
• The presiding officer may call for a vote on the motion, and if it passes by a simple majority,
the session is adjourned.
4. Quorum Requirements:
• In most legislative bodies, a quorum (minimum number of members required to conduct
business) must be present to vote on adjournment. If a quorum is not present, the body
cannot validly adjourn.
5. Implications of Adjournment:
• Adjournment concludes the business of the session. Any bills or resolutions that have not
been passed may need to be reintroduced in the next session.
• Any pending business, such as debates or committee reports, is typically carried over to
the next session unless otherwise specified.

Application of the Rule on Adjournment:

1. Adjournment Procedures:
• The House or Senate may have specific rules outlined in their respective rules of procedure
governing how a session may be adjourned, including any necessary notifications to
members.
• Example: In the Philippine Congress, a motion to adjourn can be made by any member,
and it is subject to a simple majority vote.
2. Timing of Adjournment:
• Adjournment can take place at the end of a scheduled meeting or session or be called early
in exceptional circumstances, such as emergencies or lack of a quorum.
• Example: A session may be adjourned to allow for additional discussions or to provide
time for legislators to consider amendments.
3. Effects of Adjournment:
• When a session is adjourned sine die, all pending legislation that has not been voted on is
effectively shelved until the next session unless reintroduced.
• This can lead to a backlog of bills that may need to be prioritized in the next session.

Conclusion: The Rule on Adjournment serves as a critical procedural guideline for legislative
bodies, facilitating the orderly conclusion of sessions and maintaining a structured legislative
process. By establishing clear procedures for how and when to adjourn, legislative bodies ensure
that their operations remain organized and efficient, allowing for effective governance and
representation. The rules governing adjournment also help delineate the legislative calendar,
providing clarity for lawmakers and constituents regarding the legislative agenda and the status of
pending legislation.

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Officers of Congress

Officers of Congress Definition:

The Officers of Congress refer to the individuals holding leadership and administrative
positions within the legislative branch of government, specifically within the bicameral
legislature composed of the Senate and the House of Representatives. These officers play
crucial roles in facilitating legislative processes, maintaining order, and representing the
institution both internally and externally.

Explanation: The structure and composition of congressional officers vary between the two
chambers, each having its own set of officers with specific responsibilities. Below is a breakdown
of the key officers in both the Senate and the House of Representatives, along with their roles and
functions.

Key Officers of Congress:

1. Officers of the House of Representatives
• Speaker of the House:
▪ Role: The Speaker is the presiding officer and the highestranking official in the House
of Representatives.
▪ Responsibilities:
o Presides over sessions and maintains order during debates.
o Decides who may speak on the floor and manages legislative agenda.
o Appoints members to committees and may influence the assignment of bills to
committees.
o Represents the House in all external affairs, including communication with the
Senate and the President.
▪ Election: The Speaker is elected by the members of the House and is typically a senior
member of the majority party.

• Majority Leader:
▪ Role: The Majority Leader assists the Speaker in managing the legislative process and
strategizing for the majority party.
▪ Responsibilities:
o Helps coordinate party policy and legislative priorities.
o Schedules debates and votes on the House floor.
o Works to unify party members around key issues.

• Minority Leader:
▪ Role: The Minority Leader serves as the head of the minority party in the House.
▪ Responsibilities:
o Represents the interests of minority party members.
o Leads the opposition to the majority party's agenda.
o Collaborates with the Majority Leader on legislative matters when possible.

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 • Whips:
▪ Role: Both the Majority and Minority parties have Whips who assist in party
coordination and discipline.
▪ Responsibilities:
o Count votes and gauge support for upcoming legislation.
o Ensure party members are present for key votes and help mobilize support.

2. Officers of the Senate

• President of the Senate:
▪ Role: The Vice President of the United States serves as the President of the Senate.
▪ Responsibilities:
o Presides over Senate sessions, primarily during ceremonial occasions or when a
tiebreaking vote is needed.
o Does not participate in daytoday Senate operations but has the power to cast
tiebreaking votes.

• President Pro Tempore:

▪ Role: A senior member of the majority party elected to preside over the Senate in the
absence of the Vice President.
▪ Responsibilities:
o Serves as the presiding officer during sessions.
o Appoints members to committees and may also be involved in administrative
matters.

• Majority Leader:
▪ Role: The Majority Leader is the most powerful member of the Senate, leading the
majority party.
▪ Responsibilities:
o Sets the legislative agenda and schedules Senate business.
o Spearheads party strategy and works to secure votes for legislation.

• Minority Leader:
▪ Role: The Minority Leader leads the opposition party in the Senate.
▪ Responsibilities:
o Represents the interests of minority party members.
o Negotiates with the Majority Leader on legislative matters and strategy.

• Whips:
▪ Role: Similar to the House, both the Majority and Minority parties in the Senate have
Whips.
▪ Responsibilities:
o Track party member attendance and vote counts.
o Encourage party discipline during votes and legislative actions.

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Additional Roles in Both Houses
Committee Chairs:
• Each standing committee in both chambers is led by a Chairperson, responsible for
overseeing committee functions, setting agendas, and guiding legislation through the
committee process.
Clerks:
• The Clerk of the House and the Secretary of the Senate manage legislative records,
oversee administrative functions, and assist members with procedural matters.
SergeantatArms:
• The SergeantatArms maintains order and security within the chamber, can escort unruly
members from the chamber, and carries out the orders of the presiding officer.

Conclusion : The Officers of Congress are pivotal in ensuring the legislative process runs
smoothly and efficiently. They provide leadership, enforce rules, and manage the legislative
agenda within both the Senate and the House of Representatives. By facilitating communication
between party members, managing debates, and overseeing the legislative process, these officers
play a vital role in shaping laws and policies that affect the nation. Understanding their functions
is crucial for comprehending how legislative business is conducted in Congress.

Discipline of Members of Congress

Discipline of Members of Congress Definition:

Discipline of members refers to the processes and mechanisms by which the legislative
bodies, namely the Senate and the House of Representatives, maintain order, uphold ethical
standards, and enforce rules of conduct among their members. These processes ensure that
members adhere to established protocols and contribute to the integrity of the legislative
process.

Explanation : The discipline of members is essential for maintaining decorum and trust in
Congress. Both chambers have established rules and procedures for addressing misconduct, which
can range from minor infractions to serious ethical violations.

Key Aspects of Discipline of Members:

1. Grounds for Disciplinary Action
Disciplinary actions may be taken for a variety of reasons, including:
• Violation of House or Senate Rules: Members are expected to follow procedural
rules, including rules of order during debates and votes.
• Ethical Violations: This includes actions such as conflicts of interest, bribery, and
other forms of corruption that undermine the integrity of the office.
• Unruly Behavior: Disruptive conduct during sessions can lead to disciplinary
measures. This includes using offensive language, being disrespectful to other
members, or refusing to follow the presiding officer's instructions.
• Criminal Activity: If a member is convicted of a crime, particularly one involving
dishonesty or moral turpitude, disciplinary action may follow.

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 2. Disciplinary Procedures
The procedures for disciplining members of Congress involve several key
elements:
• Investigation: Allegations of misconduct may trigger an investigation, either by a
designated committee or an ethics office. The investigation gathers facts and
evidence to determine the validity of the claims.
• Committee Review: In the House, the Committee on Ethics reviews the findings
of investigations. In the Senate, this responsibility falls to the Select Committee on
Ethics. These committees can recommend disciplinary actions based on their
findings.
• Member's Right to Defense: Members facing disciplinary actions have the right
to defend themselves against allegations. They can present evidence and arguments
before the ethics committee or during proceedings.
• Types of Disciplinary Actions: Depending on the severity of the violation, actions
may include:
o Censure: A formal reprimand for inappropriate behavior. It does not remove a
member from office but is a public acknowledgment of wrongdoing.
o Reprimand: A less severe form of censure, usually issued for minor violations.
o Expulsion: The most severe penalty, requiring a twothirds vote in the
respective chamber to remove a member from office. This is reserved for the
most egregious offenses.

3. Role of Leadership
Leadership within each chamber plays a crucial role in the discipline process:
• Presiding Officers: The Speaker of the House and the President of the Senate can
take immediate actions to maintain order, including ordering the removal of a
member from the chamber if necessary.
• Party Leadership: Majority and minority leaders, along with party whips, often
have informal mechanisms to enforce discipline within their parties, which may
include peer pressure or internal sanctions.

4. Ethical Standards and Codes of Conduct

Both chambers have established codes of conduct that outline expectations for
members’ behavior, including:
• Conflict of Interest Rules: Members must avoid situations where personal
interests conflict with public duties.
• Disclosure Requirements: Members are required to disclose financial interests
and relationships that may present conflicts.
• Prohibition on Accepting Gifts: Limits are placed on the types and values of gifts
members may accept to prevent undue influence.

Conclusion : The discipline of members of Congress is vital for maintaining the integrity and
functionality of the legislative process. By enforcing rules of conduct, addressing misconduct, and
ensuring ethical behavior, Congress seeks to uphold public trust in its institutions. The disciplinary
mechanisms in place allow for accountability and serve as a deterrent against unethical behavior,
ultimately contributing to a more effective and respectable legislative body.

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Electoral Tribunal: Nature, Composition, and Powers

Electoral Tribunal: Nature, Composition, and Powers Definition:

An Electoral Tribunal is a specialized body established to resolve electoral disputes,
adjudicate electionrelated issues, and ensure the integrity of electoral processes. In the
Philippines, the electoral tribunals primarily function to address contested elections for
members of Congress.

Nature of Electoral Tribunals:

• QuasiJudicial Authority: Electoral tribunals operate as quasijudicial bodies, meaning
they possess powers akin to those of courts, particularly in resolving disputes arising from
electoral processes.
• Independent: These tribunals are independent from the regular judiciary, ensuring that
electoral matters are handled with expertise and focus on electoral law.
• Mandate: Their primary mandate is to ensure free, fair, and orderly elections by resolving
electoral disputes and addressing issues such as allegations of fraud, misrepresentation, and
other electoral irregularities.
Composition of Electoral Tribunals
In the Philippines, there are two primary electoral tribunals:
1. House of Representatives Electoral Tribunal (HRET)
• Composition: The HRET is composed of nine members:
o Five members are justices of the Supreme Court.
o Four members are elected by the House of Representatives from among its
members.
• Chairperson: The senior justice among the Supreme Court justices serves as
the Chairperson.

2. Senate Electoral Tribunal (SET)

• Composition: The SET is similarly composed of nine members:
o Five members are justices of the Supreme Court.
o Four members are elected by the Senate from among its members.
• Chairperson: The senior justice among the Supreme Court justices serves as
the Chairperson.

Powers of Electoral Tribunals

Electoral tribunals have specific powers that enable them to effectively fulfill their
roles, including:

1. Jurisdiction:
• The electoral tribunals have the exclusive jurisdiction to hear and decide all contests
relating to the election, returns, and qualifications of members of Congress.
• This includes matters arising from allegations of electoral fraud, manipulation, and
disqualification of candidates.

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 2. Conduct of Hearings:
• The tribunals have the authority to conduct hearings, gather evidence, and take
testimonies relevant to the electoral disputes they are adjudicating.
• They can issue summons and subpoenas to compel the attendance of witnesses and
the production of documents.

3. Rendition of Decisions:
• The electoral tribunals are empowered to render decisions on electoral disputes,
which may include declaring the winner of an election or ordering a special election
if necessary.
• Their decisions are final and unappealable, meaning they cannot be challenged in
regular courts.

4. Regulation of Proceedings:
• Electoral tribunals have the authority to prescribe rules of procedure for the
conduct of their proceedings, ensuring fair and efficient resolution of disputes.
• They can also issue temporary restraining orders and injunctions to prevent
actions that may affect the integrity of electoral processes.

5. Enforcement of Decisions:
• The decisions made by the electoral tribunals are executed and enforced, and
they have the power to order appropriate remedies based on the cases presented.

Conclusion: Electoral tribunals play a critical role in the Philippine electoral system by ensuring
that electoral disputes are resolved fairly and expeditiously. Their composition, comprising justices
and elected representatives, highlights the balance between judicial authority and legislative
representation. With their quasijudicial powers, electoral tribunals help maintain the integrity of
elections, protect the rights of candidates and voters, and uphold democratic processes in the
country.

Commission on Appointments: Nature, Composition, Powers, and Appointment Process

Commission on Appointments: Nature, Composition, Powers, and Appointment Process

Definition:
The Commission on Appointments (CA) is a constitutional body in the Philippines
responsible for reviewing and confirming presidential appointments to various government
positions, including those in the executive branch and constitutional commissions.

Nature of the Commission on Appointments

• Constitutional Body: The CA is established under the Philippine Constitution (Article VI,
Section 18) and operates as a crucial check on the power of the President in making
appointments.
• Bipartisan: The Commission is composed of members from both houses of Congress,
ensuring that it reflects a balance of political interests.

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 • Advisory and Confirmatory Role: While the President has the authority to appoint
officials, the CA serves to advise and confirm these appointments, providing an essential
oversight function.

Composition of the Commission on Appointments

The Commission on Appointments is composed of the following:
1. Members from the Senate:
• Twelve (12) Senators are appointed to the CA, who are elected by their peers
within the Senate.
2. Members from the House of Representatives:
• Twelve (12) Members of the House of Representatives are also appointed to the
CA, elected by their fellow representatives.
3. Chairperson:
• The President of the Senate serves as the Chairperson of the CA.
4. Vice Chairperson:
• The Speaker of the House of Representatives serves as the Vice Chairperson.

The total membership of the CA is 24, with equal representation from both chambers of
Congress.

Powers of the Commission on Appointments

The CA has several powers, including:
1. Confirmation of Appointments:
• The primary power of the CA is to confirm or reject appointments made by the
President. This includes positions such as:
o Cabinet members (Secretaries)
o Ambassadors
o Heads of government agencies
o Chairpersons and commissioners of constitutional commissions (e.g.,
Commission on Elections, Commission on Audit)
2. Oversight Function:
• The CA conducts hearings on appointments, allowing for scrutiny of
appointees' qualifications, backgrounds, and suitability for the positions they
are nominated for.
3. Issuance of Recommendations:
• The Commission may issue recommendations regarding appointments, which
can influence the President’s decisions.
4. Investigation and Inquiries:
• The CA can conduct investigations related to appointments and the conduct of
appointed officials, promoting accountability in public service.

Appointment Process
The process for presidential appointments and the role of the Commission on Appointments
includes the following steps:

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 1. Nomination by the President:
• The President nominates individuals for various positions that require CA
confirmation.
2. Submission to the Commission:
• The nominated individuals’ names are submitted to the Commission on
Appointments for review and confirmation.
3. Confirmation Hearings:
• The CA schedules hearings where the nominees present their qualifications and
answer questions from the members of the Commission.
• This process allows Senators and Representatives to evaluate the nominees’
competency and suitability for the roles.
4. Voting:
• After the hearings, the Commission deliberates and votes on whether to confirm
or reject the nominations. A majority vote is required for confirmation.
• If a nominee is rejected, they cannot be appointed to the same position again
during the President’s term without a new nomination.
5. Issuance of Commission:
• Once confirmed, the appointee is issued a Commission, which serves as proof
of their appointment to the respective office.

Presidential Appointments
Presidential appointments are crucial for the functioning of the executive branch and
include various positions, such as:
i. Cabinet Members: Secretaries who head different departments (e.g.,
Department of Health, Department of Education).
ii. Ambassadors: Representatives of the Philippines to foreign nations.
iii. Heads of Government Agencies: Leaders of agencies that oversee public
services and regulatory functions.
iv. Constitutional Commission Members: Officials who serve in
independent bodies established by the Constitution.

Conclusion : The Commission on Appointments is a vital component of the Philippine political

system, acting as a key mechanism for ensuring that presidential appointments are scrutinized and
validated by Congress. By involving both the Senate and the House of Representatives in the
confirmation process, the CA promotes accountability and checks the power of the executive
branch. Through its powers and functions, the CA plays a critical role in shaping the composition
of the Philippine government and ensuring that qualified individuals are appointed to public office.

Powers of the Congress

The legislative powers of Congress are outlined in the 1987 Philippine Constitution,
specifically under Article VI. These powers include creating, amending, and repealing laws
that govern the nation. The powers of Congress can be categorized into the following:

1. Legislative Power
• Definition: Congress has the authority to create laws necessary for the governance of the
Philippines.

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 • Scope:
o The power to enact, amend, or repeal laws.
o Both houses, the Senate and the House of Representatives, must approve a proposed
law or bill before it becomes effective.
• Limitations:
o Congress cannot pass laws that violate the Constitution.
o Any law must comply with the Bill of Rights and the general principles of justice.

2. Power of the Purse

• Congress controls the country’s finances and budget.
• Key aspects:
o Budget Approval: The annual national budget proposed by the President requires
congressional approval. Without this approval, the government must operate under
the previous year's budget.
o Taxation and Borrowing: Congress has the power to impose taxes and authorize
the borrowing of funds to finance government operations.
o Appropriation Laws: Congress passes laws that allow the use of public funds,
which are vital for government spending.

3. Power of Oversight
• Congress has the authority to oversee the executive branch and other institutions to ensure
laws are being implemented correctly.
• Oversight Functions:
o Inquiries in Aid of Legislation: Congress can conduct investigations to gather
information needed for creating or improving laws.
o Review of Executive Decisions: This includes monitoring executive actions, such
as presidential proclamations or declarations of martial law.
o Audit Powers: Through the Commission on Audit (COA), Congress can audit the
expenditure of government funds.

4. Power to Declare War

• Only Congress has the power to declare war, upon recommendation of the President.
• Limitations: The decision to declare war must be justified and for the defense of the state.

5. Power of Impeachment
• Impeachment is the process of removing highranking government officials from office for
illegal or unethical conduct.
• Officials Subject to Impeachment:
o The President
o The Vice President
o Members of the Supreme Court
o Members of constitutional commissions
o The Ombudsman

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 • Process:
o The House of Representatives has the power to initiate and file articles of
impeachment.
o The Senate acts as the court for impeachment trials and has the authority to convict
and remove an official.

6. TreatyMaking Power
• The Senate plays a key role in approving international treaties.
• Requirement: A twothirds vote of the Senate is required to ratify treaties negotiated by
the executive branch.

7. Power of Concurrence for Emergency Powers

• In times of national emergency, Congress can grant the President emergency powers.
• Conditions:
o The grant of emergency powers must be temporary and necessary to resolve the
crisis.
o The powers granted are subject to restrictions imposed by Congress.

8. Amendment and Revision of the Constitution

• Congress has the power to propose amendments to the Constitution or call for a
constitutional convention.
• Methods:
o A threefourths vote of all members of Congress is needed to propose amendments
or revisions.
o Congress can call for a constitutional convention through a twothirds vote or by a
plebiscite called for by a majority vote of Congress.

9. Power of Concurrence for Martial Law and Suspension of Habeas Corpus

• Congress has the power to review the President’s declaration of martial law or suspension
of the writ of habeas corpus.
• Limitations:
o Martial law can only be declared for a maximum of 60 days, and any extension
requires approval by Congress.
o Congress can revoke or extend martial law or the suspension of habeas corpus
through a majority vote.
10. Other Special Powers
• Grant of Franchises: Congress has the authority to grant franchises to private corporations
or individuals, such as media networks and utility companies.
• Pardon and Amnesty: Congress can concur with the President’s grant of amnesty to
political offenders.

Conclusion : The Philippine Congress wields significant power in shaping the nation’s laws,
managing public resources, and overseeing the executive and judiciary. These powers serve as
checks and balances to ensure that the government operates within the bounds of the Constitution
and for the welfare of the people. However, these powers are subject to constitutional limitations,

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ensuring they are exercised responsibly and in accordance with the principles of democracy and
justice.

Kinds of Legislative Measures

In the Philippine legislative system, various types of legislative measures are utilized by
Congress to exercise its lawmaking powers. These measures serve different purposes, from
proposing new laws to making official resolutions on certain matters. Below are the main
kinds of legislative measures:

1. Bills
• Definition: A bill is a proposed piece of legislation that may become law if it is approved
by both houses of Congress and signed by the President.
• Types:
o Ordinary Bill: These deal with general legislation, including criminal laws, civil
laws, or other regulatory measures.
o Appropriation Bill: A bill specifically concerned with allocating government
funds for particular purposes.
o Revenue Bill: A bill intended to raise revenues for the government, typically
through taxes.
o Private Bill: A bill that affects a specific individual or group rather than the public
at large.
• Process:
o Bills must pass through three readings in each house of Congress.
o If passed, they are transmitted to the President for approval or veto.

2. Joint Resolutions
• Definition: Joint resolutions have the force of law and are often used to address temporary
or urgent matters, such as declaring emergencies or approving treaties.
• Characteristics:
o They require approval by both the Senate and the House of Representatives.
o Unlike bills, joint resolutions may deal with limited and specific issues, often
related to appropriation or national emergencies.

3. Concurrent Resolutions
• Definition: Concurrent resolutions are used to express the collective opinion of both
houses of Congress, typically on matters affecting both chambers or to regulate internal
procedures.
• Characteristics:
o They do not have the force of law and do not require the President's approval.
o Commonly used for decisions on adjournment or establishing joint committees.

4. Simple Resolutions
• Definition: A simple resolution addresses issues within either the Senate or the House of
Representatives, such as the rules or matters internal to a specific chamber.
• Characteristics:

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 o It is passed by only one house and does not require the approval of the other house
or the President.
o These resolutions often involve procedural matters or the expression of sentiments.

5. Constitutional Amendments
• Definition: Proposals to change or revise provisions of the Philippine Constitution.
• Methods:
o By Congress: Amendments can be proposed by a threefourths vote of all members
of Congress.
o By Constitutional Convention: Congress may call for a constitutional convention
to propose amendments.
o People’s Initiative: Citizens may also propose amendments through a people’s
initiative, requiring a petition signed by a significant number of registered voters.
• Approval: Any proposed amendment must be ratified by a majority of voters in a
plebiscite.

6. Resolutions on Treaty Ratifications

• Definition: These resolutions are required for the ratification of international treaties
entered into by the Executive branch.
• Process:
o The Senate must concur with the President's treaty ratification by a twothirds vote.

Conclusion: The different types of legislative measures allow Congress to fulfill various aspects
of its legislative duties. While bills form the cornerstone of lawmaking, resolutions handle more
specific, procedural, or temporary issues. Each legislative measure has a distinct role and
procedure, ensuring that the legislative process remains adaptable to various governance needs.

How a Bill Becomes a Law in the Philippines

The process of passing a bill into law in the Philippines involves several steps, from the
initial drafting to final approval by the President. The procedure ensures that proposed
legislation undergoes thorough scrutiny by both houses of Congress before it becomes law.

1. Drafting and Filing of the Bill

• Who drafts the bill?
o Bills can be drafted by members of Congress (Senators or Representatives), the
Executive branch, or even private individuals or organizations who seek a legislator
to sponsor their proposal.
• Where is the bill filed?
o Bills are filed either in the House of Representatives or the Senate. The chamber
where the bill is filed becomes its originating house.

2. First Reading
• Introduction: The bill is read by its title only, and there is no debate at this stage.
• Committee Referral: The bill is referred to the appropriate committee(s) based on the
subject matter of the bill (e.g., education, health, national defense).

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3. Committee Hearings and Report
• Deliberations: The committee conducts hearings where experts, stakeholders, and the
public may be invited to give their input on the bill.
• Committee Report: After deliberations, the committee may either:
o Approve the bill with or without amendments,
o Recommend substitution or consolidation with other similar bills,
o Or disapprove it.
• Recommendation: If approved, the bill moves forward with a recommendation to the
entire chamber for consideration.

4. Second Reading
• Debate and Amendments:
o The bill is read again, this time in full.
o Legislators debate its merits and propose amendments.
• Voting: After the debate and any proposed amendments, the bill is put to a vote.
o If the bill is approved by a majority vote, it moves to the next stage.

5. Third Reading
• Final Approval: The bill is read in full (with all amendments), and no further debate is
allowed.
• Voting: Legislators vote on the final version of the bill. If it receives a majority vote, it is
passed by the originating house and transmitted to the other chamber (House of
Representatives or Senate).

6. Transmission to the Other Chamber

• The approved bill is transmitted to the other house, where the process is repeated: first
reading, committee hearings, second reading, and third reading.
• Outcomes:
o If the second chamber approves the bill without any amendments, it proceeds to the
next step.
o If the second chamber makes amendments, the originating house must concur with
the changes, or a bicameral conference committee is convened to reconcile
differences.

7. Bicameral Conference Committee

• Purpose: This committee is composed of representatives from both the Senate and the
House of Representatives. It reconciles conflicting versions of the bill.
• Outcome: The reconciled version of the bill is returned to both chambers for final
approval. Both chambers must approve the reconciled version before it can move to the
President.

8. Submission to the President

• Once both houses approve the final version of the bill, it is sent to the President for his
consideration.

9. Presidential Action

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 • The President has three options:
i. Approval: The President signs the bill, and it becomes law.
ii. Veto: The President vetoes the bill, preventing it from becoming law.
However, Congress can override the veto by a twothirds vote in both houses.
iii. Inaction: If the President does not act on the bill within 30 days, it
automatically becomes law without the President’s signature.

10. Publication
• Once approved or passed into law, the bill must be published in the Official Gazette or in
a newspaper of general circulation. Only then does it take effect, usually 15 days after
publication, unless specified otherwise.

Conclusion: The process of transforming a bill into law in the Philippines is designed to ensure
careful consideration and scrutiny. It requires the input of both houses of Congress, various
stakeholders, and ultimately, the approval of the President. Each step of the process safeguards
against hasty legislation and ensures that only wellconsidered measures are enacted into law.

Constitutional Requirements on the Passage of Laws in the Philippines

The passage of laws in the Philippines is governed by constitutional provisions to ensure
transparency, accountability, and adherence to democratic principles. The 1987 Philippine
Constitution outlines the specific procedures and requirements that must be followed for a
bill to become law. These provisions aim to guarantee that laws are enacted through a
proper, orderly, and fair legislative process.

1. Three Readings on Separate Days (Article VI, Section 26)

• Requirement: Every bill must go through three readings on separate days in each house
of Congress (Senate and House of Representatives). This allows for careful deliberation
and consideration by legislators.
o First Reading: The bill’s title and number are read, and it is referred to the appropriate
committee for study.
o Second Reading: The bill is read in full, debated, and subject to amendments.
o Third Reading: The final version of the bill is read and voted upon without further
debate.
• Exception: The three readings may be dispensed with when the President certifies the bill
as urgent. This allows both houses to pass the bill without the usual threeday interval
between readings.

2. Only One Subject (Article VI, Section 26[1])

• Requirement: Every bill must embrace only one subject, which must be expressed in the
title of the bill. This prevents the inclusion of unrelated matters or "riders" that could
complicate the legislative process or mislead the public.
o Purpose: To ensure clarity and focus in the drafting of laws and to prevent the
passing of hidden provisions or irrelevant amendments within a bill.

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3. Publication and Effectivity (Article VI, Section 27 and 1987 Administrative Code)
• Requirement: After a bill is approved, it must be published before it takes effect.
Publication must be in the Official Gazette or a newspaper of general circulation.
o Effectivity Clause: The law takes effect 15 days after publication unless a different
period is specified in the law itself.

4. Voting Requirements (Article VI, Section 16[2] and Section 27)

• Quorum: A quorum (majority of each house’s members) is required for any legislative
business, including voting on bills.

• Majority Vote: A bill requires a majority vote of the members present, provided there is a
quorum, in order to be approved on second and third readings.
• TwoThirds Vote: A twothirds vote is required in both houses to override a presidential
veto.

5. Presentment to the President (Article VI, Section 27[1])

• Requirement: After both houses of Congress pass a bill, it must be presented to the
President for approval.
o Presidential Options:
▪ Approve the Bill: The President signs the bill, and it becomes law.
▪ Veto the Bill: The President rejects the bill, but Congress can override the
veto with a twothirds vote in both houses.
▪ Inaction: If the President does not act on the bill within 30 days, it becomes
law automatically.

6. Enrolled Bill Doctrine

• Doctrine: The enrolled bill doctrine holds that once a bill is approved and authenticated
by the Speaker of the House and the Senate President, it is presumed to have followed all
the constitutional procedures for passage. Courts generally do not question the validity of
an enrolled bill once it is signed into law.

7. No Amendments After Final Approval (Article VI, Section 26[2])

• Requirement: No amendments to the bill may be made after it has been approved on third
reading in either house. This ensures that the final version of the bill, as passed, is the same
as the one presented for the President’s approval.

Conclusion: The Philippine Constitution ensures that laws are passed through a deliberate,
transparent process, with opportunities for debate and amendment. By requiring multiple readings,
clear subject titles, and publication, the Constitution safeguards against hasty or hidden legislation.
Moreover, the President’s role in reviewing and either approving or vetoing bills further ensures a
system of checks and balances in the legislative process.

Enrolled Bill Doctrine

The Enrolled Bill Doctrine is a legal principle that upholds the final version of a bill as
conclusive proof of its validity, after it has been duly passed by both houses of Congress

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 and signed by their respective leaders (the Speaker of the House and the Senate President).
Once a bill is certified as an "enrolled bill" and presented to the President for approval, it
is presumed that all constitutional requirements and legislative processes have been
properly followed.

Key Aspects of the Doctrine:

1. Conclusive Presumption: Courts generally do not look behind the enrolled bill to examine
whether all procedural steps were strictly complied with, such as the required readings or
votes. The signatures of the legislative leaders on the enrolled bill create a presumption that
everything was done according to the law.
2. Limitation on Judicial Review: The doctrine limits judicial inquiry into the legislative
process. Once a bill is presented as an enrolled bill, courts avoid questioning or invalidating
it based on procedural lapses that might have occurred during its passage in Congress. The
courts defer to the legislative branch, treating the enrolled bill as authoritative and final.
3. Public Policy Consideration: The doctrine aims to promote certainty and stability in the
lawmaking process. It prevents delays and disruptions caused by continuous litigation over
procedural matters, allowing laws to be relied upon without challenge once they have been
duly enacted.

General Rule: The courts are bound to respect the final version of the bill presented for signature,
provided it appears to have been enacted in accordance with constitutional processes.

Exception: In rare cases, courts may examine the legislative records if there is clear evidence of
fraud, deception, or gross irregularities in the legislative process. However, these instances are
exceptional and courts typically adhere to the enrolled bill doctrine.

Conclusion: The enrolled bill doctrine ensures the smooth functioning of the legislative process
by presuming the validity of laws passed by Congress and signed by legislative leaders. This
principle promotes finality and stability in lawmaking, though it may be subject to exception in
cases of evident fraud or major procedural violations.

Rule on Presentment
The Rule on Presentment refers to the constitutional requirement that every bill passed by
Congress must be presented to the President of the Philippines for approval before it can
become law. This ensures that the President, as the head of the executive branch, plays a
vital role in the legislative process, providing an additional check on the exercise of
legislative power.

Key Provisions (Article VI, Section 27 of the 1987 Constitution):

1. Presentment of the Bill: Once a bill has been approved by both the Senate and the House of
Representatives, it must be presented to the President for consideration. This is an essential step
before the bill can be enacted into law.

2. President's Options:
• Sign the Bill: The President can sign the bill into law, and it becomes effective according
to the timeline specified in the law or after publication.

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 • Veto the Bill: The President can veto the bill by returning it to the house where it
originated, along with written objections. The bill can only become law if Congress
overrides the veto with a twothirds vote in both the Senate and the House of
Representatives.

Inaction (Pocket Veto): If the President neither signs nor vetoes the bill within 30 days after
receipt, the bill automatically becomes law as if the President had signed it. This rule prevents
the executive from indefinitely withholding its decision and ensures that the legislative process
moves forward.

Important Points:
• 30Day Rule: The President has 30 days from the time of receipt to act on the bill. Failure
to act within this period results in the bill becoming law without the President’s signature.
• Veto Override: If the President vetoes the bill, Congress can override the veto with a
twothirds vote of all members in each house. If the veto is successfully overridden, the bill
becomes law without the President’s approval.
• LineItem Veto (for Appropriations, Revenue, and Tariff Bills): In bills related to
appropriations, revenues, and tariffs, the President has the power to veto specific items
(lineitem veto) without rejecting the entire bill. However, the vetoed items can still be
restored by a twothirds vote of Congress.

Conclusion: The Rule on Presentment provides the President with the opportunity to review and
either approve or reject proposed legislation, ensuring a system of checks and balances in
lawmaking. The presentment requirement safeguards against unilateral legislative action and
maintains a balance of power between the legislative and executive branches of government. The
President's ability to veto or take no action on the bill ensures that the executive plays a significant
role in the legislative process.

Rule on Presidential Veto

The Presidential Veto is the power of the President to reject a bill passed by Congress,
preventing it from becoming law. This veto power serves as a critical check on the
legislative branch, allowing the President to ensure that laws align with the administration’s
policies or constitutional standards.

Key Provisions (Article VI, Section 27 of the 1987 Constitution):

1. General Veto: The President can veto a bill passed by both houses of Congress by
returning it to the chamber where it originated. The veto must be accompanied by the
President’s objections to the bill, explaining the reasons for the veto.
2. Override of Veto: After a veto, Congress can override the President’s decision by a
twothirds vote of all members of each house (Senate and House of Representatives). If both
houses override the veto, the bill becomes law without the President's approval.
3. LineItem Veto (for Appropriations, Revenue, and Tariff Bills): In the case of bills
related to appropriations, revenue, or tariffs, the President has the power to veto specific
provisions or items within the bill (lineitem veto), without rejecting the entire legislation.
Congress can also override a lineitem veto through the same twothirds vote process.

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 4. Pocket Veto/Inaction: If the President does not sign or veto a bill within 30 days of receipt,
it automatically becomes law as if the President had signed it, unless Congress adjourns
during this period. In the case of adjournment, the bill does not become law (pocket veto).

Key Aspects:
• Timing: The President must exercise the veto within 30 days after the bill has been
presented. If no action is taken within this period, the bill automatically becomes law.
• Reasons for Veto: The President is required to provide written objections when vetoing a
bill. These objections allow Congress to reconsider the bill and, if it chooses, attempt to
override the veto.
• Veto as a Check and Balance: The veto power ensures that the President can block
legislation deemed unsuitable, unconstitutional, or contrary to public policy. This power is
part of the broader system of checks and balances between the executive and legislative
branches.

Exceptions:
• Override by Congress: The President’s veto can be overridden by a twothirds majority
vote in both houses of Congress. In such a case, the bill becomes law without the need for
the President's approval.
• No LineItem Veto for Ordinary Bills: The President can only exercise the lineitem veto
for specific types of bills (appropriations, revenue, and tariffs). For all other bills, the
President must either veto the entire bill or approve it in full.

Conclusion: The Presidential Veto is an essential tool for maintaining a balance of power between
the executive and legislative branches of government. It allows the President to prevent
undesirable legislation from becoming law and ensures that the executive can review and challenge
Congress’s actions. Congress, however, retains the power to override the veto, maintaining its
legislative authority when necessary.

Doctrine of Inappropriate Provisions

The Doctrine of Inappropriate Provisions refers to the constitutional limitation that
prevents the inclusion of certain provisions in bills that do not pertain to the subject matter
or title of the bill, particularly in appropriation, revenue, or tariff bills. This doctrine ensures
that each law focuses on a specific topic and that unrelated or irrelevant provisions are not
added to these bills, which could obscure their purpose or bypass proper legislative
scrutiny.

Key Provisions (Article VI, Section 25(2) of the 1987 Constitution):

1. Specificity of Bills: According to the Constitution, appropriation bills must only contain
provisions related to appropriating funds for specific purposes. It prevents the inclusion of
unrelated or "rider" provisions, which do not correspond to the subject of the bill.
2. Prohibition on Riders: Riders refer to provisions or amendments that are unrelated to the
main subject of the bill but are included to pass unnoticed or to "ride" along with the
approval of a bill on another topic. The Constitution expressly forbids the inclusion of these
inappropriate provisions in certain types of bills.

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 3. Focus on Appropriation, Revenue, and Tariff Bills: The doctrine primarily applies to
bills on appropriations (the allocation of funds), revenue (taxes), and tariffs. These are
technical, highly significant bills with the primary goal of dealing with financial matters,
and adding unrelated provisions could undermine their integrity.

General Rules:
• Relevance: All provisions included in an appropriation, revenue, or tariff bill must be
relevant to the bill's title and purpose. For instance, a revenue bill cannot contain provisions
about unrelated topics like social policy or criminal law.
• Constitutional Safeguard: The purpose of this doctrine is to ensure transparency and
accountability in legislation, particularly when dealing with public funds or government
revenue.

Exceptions:
• Not Applied to All Types of Bills: While this doctrine applies to appropriation, revenue,
and tariff bills, other types of legislation may have more flexibility in terms of what
provisions can be included.

Importance: The Doctrine of Inappropriate Provisions is important for promoting clarity,

preventing manipulation, and ensuring that bills focus on their intended purpose. It guards against
the insertion of extraneous provisions, which could lead to laws being passed without proper
debate or understanding of their full implications.

Conclusion: The Doctrine of Inappropriate Provisions protects the legislative process by ensuring
that appropriation, revenue, and tariff bills are focused solely on their specific subject matter. By
preventing unrelated riders, the doctrine helps maintain the integrity of the legislative process and
ensures that the passage of critical financial legislation remains transparent and aligned with the
Constitution.

Executive Impoundment
Executive impoundment refers to the practice by which the President of the United States
(or the head of state in other systems) refuses to spend funds that have been appropriated
by Congress. This can occur when the executive branch decides not to allocate or utilize
budgeted funds for specific programs or expenditures, effectively withholding the
implementation of laws passed by the legislature.
Key Provisions:
1. Constitutional Basis: The Constitution (Article II, Section 3) grants the President the
power to execute laws faithfully. However, this has been interpreted to include the ability
to control the spending of funds appropriated by Congress.
2. Impoundment Control Act of 1974: This act was established in response to concerns
regarding the executive's power to impound funds. It requires the President to notify
Congress of any proposed impoundment of funds and limits the duration of such actions.
Congress must approve any impoundment; otherwise, funds must be released for
expenditure.

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 3. Categories of Impoundment:
• Mandatory Impoundment: Occurs when the President is legally obligated to
withhold funds due to a specific law or court ruling.
• Discretionary Impoundment: This occurs when the President chooses to withhold
funds to influence policy or legislative priorities.

General Rules:
• Notification Requirement: The President must inform Congress of any intended
impoundment of funds within a specified timeframe.
• Duration Limit: Funds cannot be withheld indefinitely. The Impoundment Control Act
allows Congress to intervene if the President fails to comply with the notification
requirements or does not receive legislative approval for the impoundment.

Exceptions:
• Emergency Situations: The President may impound funds in times of national emergency
or when deemed necessary for national security. However, this practice is subject to
scrutiny and must be justified to Congress.
• Congressional Approval: If Congress explicitly grants permission for the impoundment
of funds, the President may proceed with withholding those funds.

Importance: The practice of executive impoundment raises significant questions regarding the
balance of power between the legislative and executive branches. It can create tension between
Congress, which has the power of the purse, and the President, who has the authority to execute
laws.

Implications:
• Policy Influence: By withholding funds, the President can effectively influence legislation
and policy decisions, compelling Congress to reconsider or negotiate terms related to the
appropriated funds.
• Checks and Balances: The Impoundment Control Act serves as a legislative check on the
executive's power, ensuring that Congress retains control over public spending.

Conclusion: Executive impoundment represents a critical intersection of fiscal policy and

constitutional law. While it is a tool that can be used by the executive to manage budgetary
priorities, it also raises important questions about the accountability of the executive branch and
its relationship with Congress. The Impoundment Control Act of 1974 attempts to regulate this
power, ensuring transparency and legislative oversight in the management of public funds

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