Study Guide – 1987 Constitution

ARTICLE VI – THE LEGISLATIVE DEPARTMENT

Section 1- Legislative Power ● If Congress passes a law increasing taxes, it’s

“The legislative power shall be vested in the Congress of the exercising legislative power.
Philippines which shall consist of a Senate and a House of ● If citizens organize a petition to directly pass an
Representatives, except to the extent reserved to the people by environmental law without going through
the provision on initiative and referendum.” Congress, they’re using initiative.

Explanation ● If citizens vote to reject a newly passed law via

public vote, it’s referendum.
● Legislative power = power to make, amend,
and repeal laws. Notes to Remember
● This power is generally exclusive to Congress.
● Congress = Senate (upper house) + House of ● Initiative and referendum are direct democracy
Representatives (lower house). tools.
● Exception: The people can directly ● Legislative power cannot be exercised by the
create/repeal laws through initiative and Executive or Judiciary, except when delegated
referendum (as provided by R.A. 6735 – under certain circumstances (e.g., emergency
Initiative and Referendum Act). powers).

Scenario
Section 2 “The Senate shall be composed of twenty-four ● Law may change election procedures, but
Senators who shall be elected at large by the qualified voters number of senators (24) is constitutional —
can’t be changed without amending the
of the Philippines, as may be provided by law.” Constitution.
Explanation

● 24 Senators = fixed number.

● Elected at large = all voters in the Philippines Section 3 - Qualifications of Senators
vote for all senatorial candidates, not by district.
● Qualified voters = Filipino citizens, at least 18 “No person shall be a Senator unless he is a natural-born
years old, registered to vote. citizen of the Philippines and, on the day of the election, is
at least thirty-five years of age, able to read and write, a
Scenario registered voter, and a resident of the Philippines for not
● In a national election, you get to vote for up to less than two years immediately preceding the day of the
12 senators (because only half the Senate is election.”
elected every 3 years).
● All candidates run nationwide, so a senator Qualifications for Senator:
from Mindanao can win votes from Luzon, 1. Natural-born citizen – A Filipino from birth
Visayas, and Mindanao. without having to perform any act to acquire
citizenship.
Notes to Remember
2. At least 35 years old on election day.
● Senate elections follow a staggered term 3. Able to read and write – basic literacy
system: 12 senators elected every 3 years, requirement.
each serving 6 years. 4. Registered voter – must be officially listed in
the voting roll.
 5. Resident for at least 2 years before election
day.
Section 4 – Term of Office of Senators
Scenario The term of office of the Senators shall be six years and
shall commence, unless otherwise provided by law, at noon
● A 34-year-old famous actor wants to run on the thirtieth day of June next following their election. No
for Senate next year — ❌ Not qualified
Senator shall serve for more than two consecutive terms.
(fails age requirement).
Voluntary renunciation of the office for any length of time
● A naturalized Filipino who migrated from shall not be considered as an interruption in the continuity
another country — ❌ Not qualified (must of his service for the full term of which he was elected.
be natural-born).
Explanation:
● A 40-year-old, natural-born, literate,
registered voter, resident for 3 years — ✅ ● Length: Senators serve 6 years.
Qualified.
● Start Date: Unless a special law changes it, the
term begins June 30 at noon after the election.
Notes to Remember
● Term Limit: A Senator can serve only 2
● Residency is interpreted as actual residence or consecutive terms (max of 12 years in a row).
domicile.
● Voluntary Renunciation Rule: If a Senator
● Age requirement is determined on election day, resigns before their term ends, that does not
not when filing candidacy. reset the term count — it still counts as a full
term served.
● Disqualification can be raised in a pre-
proclamation case or an election protest.
Scenario:
 ● Senator A is elected in 2022 → term is Metropolitan Manila area in accordance with the number
June 30, 2022 – June 30, 2028. of their respective inhabitants, and on the basis of a
● Senator A is re-elected in 2028 → term is uniform and progressive ratio, and those who, as provided
June 30, 2028 – June 30, 2034. by law, shall be elected through a party-list system of
registered national, regional, and sectoral parties or
● Even if Senator A resigns in 2032, they cannot organizations.
run again in 2034 because they already served
The party-list representatives shall constitute twenty per
two consecutive terms.
centum of the total number of representatives including
those under the party list. For three consecutive terms after
Notes to Remember:
the ratification of this Constitution, one-half of the seats
● Possible trick question: Resignation or allocated to party-list representatives shall be filled, as
suspension does not break the “consecutive” provided by law, by selection or election from the labor,
term rule. peasant, urban poor, indigenous cultural communities,
● Term limits apply to consecutive service. After women, youth, and such other sectors as may be provided by
sitting out one term, a Senator may run again. law, except the religious sector.
Each legislative district shall comprise, as far as
practicable, contiguous, compact, and adjacent territory.
Each city with a population of at least two hundred fifty
Section 5 – House of Representatives Composition thousand, or each province, shall have at least one
The House of Representatives shall be composed of not more representative.
than two hundred and fifty members, unless otherwise fixed Within three years following the return of every
census, the Congress shall make a reapportionment
by law, who shall be elected from legislative districts of legislative districts based on the standards
apportioned among the provinces, cities, and the provided in this section.
Explanation: representative.

● Members: Max 250 members, unless Congress ● Reapportionment: Done within 3 years after
changes the number by law. every census to match population changes.
● Two types of Representatives:
Scenario:
○ District Representatives – elected from
specific geographic legislative districts. ● The Philippines has 200 district
representatives. To comply with the 20% rule:
○ Party-list Representatives – elected from
national, regional, or sectoral party-lists. ○ Total members = 200 (district) + 50
(party-list) = 250.
● Party-list quota: Must be 20% of the total
members (including themselves). ● A city with 300,000 residents gets at least 1
representative even if its land area is small.
● Temporary rule: For the first 3 terms after 1987,
half of party-list seats were reserved for ● After the national census shows population
marginalized sectors (labor, peasant, urban growth, Congress must redraw boundaries so
poor, indigenous peoples, women, youth). representation remains fair.
Religious groups excluded.
Notes to Remember:
● District rules:
● The 20% party-list formula is based on the total
○ Must be contiguous, compact, and
seats in the House, not just on district seats.
adjacent territories.
● “Contiguous, compact, adjacent” prevents
○ Every province or city with ≥
gerrymandering (manipulating district shapes).
250,000 population gets at least 1
 ● Marginalized sector reservation applied only to This sets the qualifications for Members of the House
the first 3 terms after 1987 ratification — it’s no of Representatives (MHRs).
longer in effect today.
● Natural-born citizen – One who is a citizen of
the Philippines from birth without having to
perform any act to acquire or perfect citizenship
Here’s your study guide for Article VI, Sections 6 to 9 (e.g., children of Filipino parents).
of the 1987 Constitution, with verbatim text,
● At least 25 years old on election day.
explanations, scenarios, and important notes for
easier comprehension. ● Literate – Must be able to read and write.

● Registered voter in the district where running

(except for party-list representatives, who do
SECTION 6 not need district voter registration).
Text: ● Residency requirement – Must have lived in the
district for at least 1 year before election day.
No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of
the Philippines and, on the day of the election, is at Scenario:
least twenty-five years of age, able to read and write,
and, except the party-list representatives, a Juan, aged 24 on election day, runs for district
registered voter in the district in which he shall be representative. Even if he is popular and wins, he
elected, and a resident thereof for a period of not less cannot take office because he fails the age
than one year immediately preceding the day of the requirement.
election.
Important Notes:
Explanation:
 ● The age requirement is strictly counted as of ● Start date: Noon of June 30 after the election
election day, not before or after. (unless law changes it).

● Party-list representatives do not need to reside ● Term limit: Maximum of 3 consecutive terms
in any specific district. (total of 9 years).

● Voluntary resignation: Does not reset the term

limit; the service is still counted.

SECTION 7
Scenario:
Text:
Maria serves as Representative for 2 terms (6 years),
The Members of the House of Representatives shall resigns mid-3rd term, and runs again next election.
be elected for a term of three years which shall begin, She is disqualified because resignation doesn’t break
unless otherwise provided by law, at noon on the continuity.
thirtieth day of June next following their election. No
Member of the House of Representatives shall serve Important Notes:
for more than three consecutive terms. Voluntary
renunciation of the office for any length of time shall ● The limit is consecutive terms; a person may
not be considered as an interruption in the continuity serve again after skipping one full term.
of his service for the full term for which he was
elected. ● Designed to prevent political monopoly and
encourage leadership change.
Explanation:

● Term length: 3 years.

SECTION 8
Text: SECTION 9
Unless otherwise provided by law, the regular Text:
election of the Senators and the Members of the
House of Representatives shall be held on the In case of vacancy in the Senate or in the House of
second Monday of May. Representatives, a special election may be called to
fill such vacancy in the manner prescribed by law, but
Explanation: the Senator or Member of the House of
Representatives thus elected shall serve only for the
● Default date for regular elections is second unexpired term.
Monday of May every election year.
Explanation:
● Congress may pass a law to change the date,
but until then, this applies. ● Vacancy – Occurs when a member dies,
resigns, is disqualified, or is removed.
Scenario: ● Special election – A separate election to fill the
vacant seat.
In 2025, the second Monday of May falls on May 12.
That’s when the next congressional election will take ● Unexpired term rule – The winner only serves
place. the remainder of the term, not a fresh full term.
Important Notes:
Scenario:
● Aligns with synchronization of national and
local elections. A Representative dies in office with 1 year left in the
term. A special election is held, and the winner
● Ensures predictable and orderly scheduling. serves only that remaining year.

Important Notes:
 ● Special elections are optional (“may be called”), ● The salary increase will only apply after all
depending on the time left before the next approving members have finished their terms
regular election. — avoiding self-serving legislation.

● Prevents prolonged lack of representation in a

district or sector. Important Terms & Notes:

● Determined by law – must go through the

legislative process (bill → law).
Section 10 – Salaries of Senators and
Representatives ● Expiration of the full term – ensures that the
approving members cannot enjoy the increase
Text of the Provision (Toto): during their current term.
The salaries of Senators and Members of the House ● Prevents abuse of power by disallowing mid-
of Representatives shall be determined by law. No
term personal gain.
increase in said compensation shall take effect until
after the expiration of the full term of all the Members
of the Senate and the House of Representatives Scenario:
approving such increase.
● In 2025, Congress passes a law increasing
Explanation: salaries.
● The amount of salary for both Senators and ● The Representatives who passed it will only
Representatives is set by legislation. enjoy it after 2028 (end of their 3-year term).
● Congress may increase salaries, but cannot ● Senators who passed it will only enjoy it after
immediately benefit from the increase they 2031 (end of their 6-year term).
themselves approve.
Key Excerpt / Doctrine: Two main privileges are granted:

● This provision is a constitutional safeguard 1. Privilege from Arrest – Legislators cannot be

against conflict of interest in compensation arrested while Congress is in session for
laws for legislators. crimes punishable by imprisonment of not more
than 6 years.
● Doctrine from Philippine Constitutional
Association v. Enriquez (235 SCRA 506, 1994) 2. Speech or Debate Clause – Legislators cannot
– salary increases for public officials, if be sued or prosecuted for remarks made in
approved, must observe constitutional Congress or committee hearings in the
limitations, including delayed effectivity to exercise of their legislative functions.
prevent personal gain.
Important Terms & Notes:

● While Congress is in session – immunity is

Section 11 – Parliamentary Immunities time-bound.
Text of the Provision (Toto): ● Not more than 6 years – limits immunity to less
serious crimes.
A Senator or Member of the House of
Representatives shall, in all offenses punishable by ● Any other place – means outside Congress,
not more than six years imprisonment, be privileged such as courts or public forums.
from arrest while the Congress is in session. No
Member shall be questioned nor be held liable in any ● This does not cover crimes with higher
other place for any speech or debate in the Congress penalties or actions outside official functions.
or in any committee thereof.

Explanation: Scenario:
 ● If a Congressman commits slight physical Text of the Provision (Toto):
injuries (penalty ≤ 6 years) while
Congress is in session, arrest is All Members of the Senate and the House of
Representatives shall, upon assumption of office,
prohibited.
make a full disclosure of their financial and business
● If a Senator commits plunder (penalty > 6 interests. They shall notify the House concerned of a
potential conflict of interest that may arise from the
years), arrest immunity does not apply.
filing of a proposed legislation of which they are
● If a lawmaker calls a private citizen “corrupt” in authors.
a House speech, they cannot be sued for libel Explanation:
for that statement — but if they repeat it in a
press conference, immunity is lost. ● Upon assuming office, legislators must fully
disclose their financial and business holdings.
Key Excerpt / Doctrine: ● If they sponsor or file a bill that may benefit
● Jimenez v. Cabangbang (17 SCRA 876, 1966) them personally, they must notify their
– the speech or debate privilege protects only chamber.
statements made in the performance of ● This promotes transparency and avoids hidden
legislative duties. self-benefiting laws.
● Parliamentary immunity exists to safeguard
legislative independence, not to shield criminal Important Terms & Notes:
acts.
● Full disclosure – accurate and complete
declaration of assets and business
involvements.
Section 12 – Disclosure of Financial and Business
Interests
 ● Conflict of interest – when personal gain might
influence public duty.
Section 13
● Governed also by RA 6713 (Code of Conduct
Text:
and Ethical Standards for Public Officials and
No Senator or Member of the House of
Employees).
Representatives may hold any other office or
employment in the Government, or any subdivision,
Scenario: agency, or instrumentality thereof, including
government-owned or controlled corporations or their
● A Congressman owns a large mining company. subsidiaries, during his term without forfeiting his
seat.
● He authors a bill lowering mining taxes. Neither shall he be appointed to any office which may
have been created or the emoluments thereof
● He must declare the potential conflict to the increased during the term for which he was elected.
House — failure may lead to ethical or criminal
sanctions. Explanation:

● Main Rule: To avoid conflicts of interest and

Key Excerpt / Doctrine: ensure full-time dedication, legislators cannot
hold another government position during their
● Pascual v. Secretary of Public Works (110 Phil. term.
331, 1960) – public office is a public trust; laws
must serve public interest, not private ● If they accept such a post, they automatically
advantage. forfeit their seat in Congress.

● Transparency provisions prevent corruption ● Prohibition on Appointment: They also can’t be

and maintain public trust in the legislature. appointed to any office that:
 ○ Was created during their term, or from Congress.

○ Had its salary or benefits increased

during their term. Key Doctrine:

● Puyat v. De Guzman (G.R. No. L-51278, Jan.

This prevents lawmakers from creating
18, 1982) — The Court held that prohibitions
lucrative posts and then taking them.
aim to prevent legislators from using their
position for self-benefit.
Important Terms/Notes:

● Government-owned or controlled corporation

(GOCC): Any corporation owned fully or partly
by the government. Section 14
Text:
● Emoluments: Salaries, fees, and benefits from No Senator or Member of the House of
an office. Representatives may personally appear as counsel
before any court of justice or before the Electoral
● Forfeiture of seat: Loss of position without need Tribunals, or quasi-judicial and other administrative
for impeachment. bodies.
Neither shall he, directly or indirectly, be financially
interested in any government contract, franchise, or
Scenario:
special privilege during his term.
● If a Congressman is elected in 2022 and in He shall not intervene in any matter before any
government office for his pecuniary benefit or where
2023 Congress creates a new “Special Office
his office requires him to act.
for Digital Innovation” with a ₱300k/month
salary, that Congressman cannot be appointed Explanation:
to that office during his term, even if he resigns
 ● Legislators must avoid conflicts of interest in contract during his term.
legal, administrative, or business dealings.

● They can’t act as lawyers or representatives in Key Doctrine:

court or before agencies while in office.
● Puyat v. De Guzman also applies here on
● They can’t profit from government contracts or preventing self-dealing.
franchises.
● Section is based on the principle that public
● They can’t use their influence to personally office is a public trust (Art. XI, Sec. 1).
benefit financially.

Important Terms/Notes:
Section 15
● Quasi-judicial body: Administrative agencies Text:
with decision-making powers (e.g., NLRC, The Congress shall convene once every year on the
SEC). fourth Monday of July for its regular session, unless a
different date is fixed by law, and shall continue until
● Pecuniary benefit: Any financial gain. 30 days before the next regular session, excluding
weekends and legal holidays.
● Intervention: Any action to influence a decision The President may call a special session at any time.
or proceeding.
Explanation:
Scenario: ● Regular Session: Yearly meeting period to
legislate.
● A Senator who owns 40% of a construction
company bidding for a DPWH road project is
prohibited from participating in that project’s
 ● Special Session: Called by the President to ● A majority constitutes a quorum.
deal with urgent or special matters.
● Each House determines its rules, punishes
disorderly members, and can suspend/expel a
Important Terms/Notes: member (max suspension: 60 days).
● Fourth Monday of July: Marks the State of the ● Proceedings are recorded in a Journal and
Nation Address (SONA). Record, except parts affecting national security.
● Special Session: Focused on specific agenda; ● Neither House can adjourn for more than 3
time-bound. days or move location without the other’s
consent.
Scenario:
Explanation:
● In 2026, Congress adjourns in May. In August,
a major typhoon hits the country. The President ● Self-governance: Each chamber runs its own
calls a special session to pass an emergency affairs.
relief budget.
● Quorum: Minimum attendance to conduct
official business.

● Journal & Record: Ensures transparency and

Section 16 public access to legislative proceedings.
Text (Summary):
● Mutual consent in adjournment: Prevents one
● The Senate elects its President; the House House from stalling legislative work.
elects its Speaker, by majority vote.
Important Terms/Notes:
 ● Quorum: More than half of all members. Each chamber (Senate and House) has its own
Electoral Tribunal to decide election-related disputes
● Journal: Written minutes of proceedings. of its members.
● Expulsion: Removal of a member from office Explanation:
within the House.
● Function: The sole judge of disputes about the
election, returns, and qualifications of Senators
Scenario: or House Members.
● If the House has 300 members, at least 151 ● Composition:
must be present for a quorum.
○ 9 members total
● If only 120 attend, they can adjourn and compel
attendance but can’t pass laws. ○ 3 Justices of the Supreme Court
(designated by the Chief Justice)
Key Doctrine:
○ 6 legislators from the same chamber,
● Arroyo v. De Venecia (G.R. No. 127255, Aug. chosen based on party representation
14, 1997) — The Court respects each House’s
● Chairman: The most senior Justice among the
discretion on internal matters, except when
3.
there’s a clear constitutional violation.

Important Terms & Notes:

● Sole judge = Exclusive authority, courts

Section 17 – Electoral Tribunal generally won’t interfere unless there’s grave
abuse of discretion.
Toto:
 ● Proportional representation = Seats in the Explanation:
tribunal reflect party representation in the
chamber. ● Composition:

● The tribunal acts as a quasi-judicial body. ○ Chairman: Senate President (votes only
to break a tie)

Scenario: ○ 12 Senators

If a losing candidate for Senator claims cheating ○ 12 Representatives

occurred, the case goes to the Senate Electoral
Tribunal (SET), not to a trial court. ○ Members are chosen based on party
proportional representation.
Key Excerpts / Doctrines:
● Power: Acts on presidential appointments like
● Angara v. Electoral Commission (1936): The Cabinet secretaries, ambassadors, military
electoral tribunal’s decisions are final unless officers (colonel or higher), and other
there’s grave abuse of discretion. constitutional appointees.

● Voting: Majority of all members required to

approve.

Section 18 – Commission on ● Time Limit: Must act within 30 session days.

Appointments (CA)
Important Terms & Notes:
Toto:
● Ex officio = By virtue of one’s position.
This body approves certain presidential
appointments.
 ● Session days = Days Congress is actually in ● Within 30 days from the election of the Senate
session, not calendar days. President and House Speaker, both Electoral
Tribunals and the CA must be set up.
Scenario: ● The CA only meets while Congress is in
session.
If the President appoints a new Secretary of Justice,
the CA must confirm or reject the appointment within
30 session days. Important Terms & Notes:
Key Excerpts / Doctrines: ● This ensures no delays in resolving election
disputes or acting on appointments.
● Bautista v. Salonga (1985): CA has full
discretion to confirm or reject presidential
appointments; its decisions are generally not Scenario:
reviewable by courts.
After an election, new senators are sworn in and
elect a Senate President on July 25; by August 24,
the SET and CA must be organized.

Section 19 – Constitution of Electoral Key Excerpts / Doctrines:

Tribunals & CA ● This is a mandatory period but courts tend to
view delays as administrative lapses rather
Toto: than invalidations.
They must be organized within 30 days after
Congress starts.

Explanation:
Section 20 – Records and Accounts
Toto: ● Principle of public accountability under Art. XI,
Sec. 1: Public office is a public trust.
Congress’ financial records must be public and
audited.

Explanation: Section 21 – Legislative Inquiries in Aid

● Records and books of accounts must be of Legislation
preserved, accessible to the public according to
law. Toto (Text):
The Senate or the House of Representatives or any
● The Commission on Audit (COA) must audit
of its respective committees may conduct inquiries in
annually and publish a detailed list of amounts aid of legislation in accordance with its duly published
paid to each Member. rules of procedure. The rights of persons appearing
in, or affected by, such inquiries shall be respected.
Important Terms & Notes:
Explanation:
● Promotes transparency and accountability.
This provision grants either chamber of Congress, or
● Itemized list = Breakdown of each expense. any of its committees, the authority to investigate
matters that could help them create or improve laws.
These investigations must follow published
Scenario: procedural rules, and the rights of witnesses or
affected persons must be upheld.
If a citizen wants to know how much travel allowance
their Representative received, they can request Important Terms:
COA’s published report.
● In aid of legislation – Investigations are not for
Key Excerpts / Doctrines: prosecution, but to gather facts for crafting
 laws. ● Arnault v. Nazareno (87 Phil. 29, 1950) –
Congress has the power to punish for contempt
● Duly published rules of procedure – Official, in legislative inquiries.
public rules governing how the inquiry is
conducted. ● Senate v. Ermita (G.R. No. 169777, April 20,
2006) – Executive officials cannot simply refuse
● Rights of persons – Includes rights to due to attend legislative inquiries, except under
process, counsel, and protection against self- certain valid grounds like executive privilege.
incrimination.

Notes:

● Congress does not have judicial power; it Section 22 – Appearance of Department

cannot determine guilt, only gather facts for
legislation. Heads

● The inquiry should not be for purely political Toto (Text):

harassment. The heads of departments may, upon their own
initiative, with the consent of the President, or upon
Scenario: the request of either House, as the rules of each
House shall provide, appear before and be heard by
If a Senate committee investigates a massive oil spill such House on any matter pertaining to their
to see whether stricter environmental regulations are departments. Written questions shall be submitted…
needed, it must inform the public of its rules and [condensed for brevity] …executive session.
allow company representatives to be heard. Explanation:
Key Doctrine: This allows department heads (e.g., Secretary of
Health, Secretary of Defense) to appear before
Congress to explain matters related to their response. If there are classified medical security
departments. They may appear voluntarily (with the concerns, the President may order a closed-door
President’s consent) or if requested by Congress. session.
The questioning process must follow set rules.

Important Terms:
Section 23 – State of War & Emergency
● Executive session – A closed meeting where
sensitive matters are discussed privately. Powers

● Written questions – Submitted beforehand to Toto (Text):

ensure informed responses. The Congress, by a vote of two-thirds… shall have
the sole power to declare the existence of a state of
Notes: war.
In times of war or other national emergency, the
● The President can require the meeting to be in Congress may… authorize the President… to
executive session for reasons of national exercise powers necessary… subject to restrictions…
security or public interest. Such powers shall cease upon the next
adjournment…
● This is different from Question Hour under the
Explanation:
old Constitution; here, attendance is still
subject to the President’s consent for voluntary Congress alone can declare war, requiring a two-
appearances. thirds vote of both Houses voting separately. During
war or national emergencies, Congress can
Scenario: temporarily give the President extra powers, but with
limits and for a fixed time.
If there is a health crisis, the Secretary of Health can
be invited by the House to explain the government’s Important Terms:
 ● Two-thirds vote – Supermajority needed, not must be expressly granted and limited.
just a simple majority.

● Joint session, voting separately – Both Houses

meet together but cast votes independently.
Section 24 – Origination of Certain Bills
● National emergency – Broad situations
threatening national safety or stability. Toto (Text):
All appropriation, revenue or tariff bills, bills
Notes: authorizing increase of the public debt, bills of local
application, and private bills, shall originate
● Emergency powers are temporary and can be exclusively in the House of Representatives, but the
withdrawn sooner by Congress. Senate may propose or concur with amendments.

● Prevents indefinite executive control and Explanation:

ensures legislative oversight.
This gives the House of Representatives the
exclusive right to initiate bills involving money, taxes,
Scenario: debt, or local/private matters. However, the Senate
can still change or add to these bills.
If a foreign attack occurs, Congress may declare a
state of war and authorize the President to control Important Terms:
industries vital to defense for six months.
● Appropriation bills – Allocate government
Key Doctrine: funds.
● Araneta v. Dinglasan (G.R. Nos. L-2044, L- ● Revenue bills – Generate income for the
2756, July 26, 1949) – Emergency powers government (e.g., taxes).
 ● Tariff bills – Regulate import/export duties.

● Private bills – Affect a specific person or entity, Got it — I’ll put the exact text of the provision first,
not the public at large. then follow with the Total Overview (plus explanation,
important terms, notes, scenario, and key
excerpts/doctrines).
Notes:

● This is based on the principle that the House,

being closer to the people (shorter terms, more Section 25 – 1987 Constitution
members), should initiate spending/tax laws.
The Congress may not increase the appropriations
● Senate amendments can be substantial but recommended by the President for the operation of
must relate to the subject. the Government as specified in the budget. The form,
content, and manner of preparation of the budget
shall be prescribed by law.
Scenario:
No provision or enactment shall be embraced in the
A new tax law must start in the House. If the House general appropriations bill unless it relates
passes it, the Senate can revise rates or add specifically to some particular appropriation therein.
exemptions before final approval. Any such provision or enactment shall be limited in its
operation to the appropriation to which it relates.
Key Doctrine:
The procedure in approving appropriations for the
● Tolentino v. Secretary of Finance (G.R. No. Congress shall strictly follow the procedure for
115455, August 25, 1994) – Even if the Senate approving appropriations for other departments and
makes extensive changes to a House revenue agencies.
bill, it is still valid as long as the bill originated in
the House. A special appropriations bill shall specify the purpose
for which it is intended, and shall be supported by
 funds actually available as certified by the National Section 25 of Article VI governs the power of the
Treasurer, or to be raised by a corresponding purse of Congress, specifically dealing with the
revenue proposal therein. national budget and the appropriations process. It
ensures fiscal discipline by setting rules for budget
No law shall be passed authorizing any transfer of approval, limiting Congress’ power to increase the
appropriations; however, the President, the President President’s budget proposal, regulating special
of the Senate, the Speaker of the House of
appropriations, prohibiting unauthorized transfer of
Representatives, the Chief Justice of the Supreme
Court, and the heads of Constitutional Commissions funds, and providing safeguards for the use of
may, by law, be authorized to augment any item in discretionary funds. It also includes a contingency
the general appropriations law for their respective plan if the budget is not passed on time — the re-
offices from savings in other items of their respective enacted budget rule.
appropriations.

Discretionary funds appropriated for particular

EXPLANATION & KEY POINTS
officials shall be disbursed only for public purposes to
be supported by appropriate vouchers and subject to 1. No Increase in President’s Budget Proposal
such guidelines as may be prescribed by law.
○ Congress cannot increase the amounts
If, by the end of any fiscal year, the Congress shall recommended by the President for
have failed to pass the general appropriations bill for government operations, but it can reduce
the ensuing fiscal year, the general appropriations
or reallocate items.
law for the preceding fiscal year shall be deemed re-
enacted and shall remain in force and effect until the ○ Prevents budget inflation and keeps
general appropriations bill is passed by the spending within the executive’s fiscal
Congress.
planning.

TOTAL OVERVIEW
2. Relevance Requirement for Appropriation ○ Can only be used for public purposes and
Items must have supporting vouchers and legal
guidelines.
○ All items in the General Appropriations
Bill must relate to a specific appropriation 7. Re-enacted Budget Rule
to prevent riders (irrelevant provisions).
○ If Congress fails to pass the budget, last
3. Equal Treatment of Congress’ Own Budget year’s budget continues until the new one
is approved.
○ The budget for Congress must undergo
the same process as other agencies —
no “special treatment.”

4. Special Appropriations Bill Rules IMPORTANT TERMS

● Appropriation – Legislative authorization to use

○ Must state the purpose and be backed by
public funds for a specific purpose.
actual funds or a revenue proposal,
certified by the National Treasurer. ● Savings – Unspent funds from appropriated
amounts.
5. Prohibition on Fund Transfers
● Augmentation – Adding funds to an existing
○ No law can allow transferring
budget item.
appropriations to another purpose.
● Riders – Unrelated provisions inserted into
○ Exception: Certain top officials can
bills.
augment from savings in their budget to
another item within the same office. ● Re-enacted Budget – Previous year’s budget
that stays in effect due to failure to pass a new
6. Discretionary Funds Regulation
 one. Program) was partly unconstitutional because it
allowed cross-border transfers of funds and
funded projects not covered by the General
Appropriations Act.
SCENARIO

If Congress adds ₱10 billion to the education budget

above the President’s proposal, it violates Section Got it — here’s Section 26 in the format you wanted,
25(1). with the actual text first, followed by the total
overview, explanation, important terms, notes,
If they insert a provision about a new tax in the
scenarios, and related doctrines.
appropriations bill, it’s invalid because it’s unrelated.

If the budget is not passed before year-end, the prior

year’s budget will be automatically re-enacted.
SECTION 26 – ARTICLE VI, 1987
PHILIPPINE CONSTITUTION
KEY EXCERPTS / DOCTRINES Actual Text:
● Demetria v. Alba (G.R. No. 71977, Feb. 27, Section 26. Every bill passed by the Congress shall
1987) – Declared unconstitutional the law embrace only one subject which shall be expressed
authorizing the President to transfer savings in the title thereof.
from one department to another; the No bill passed by either House shall become a law
Constitution prohibits such transfers except by unless it has passed three readings on separate
specific officials within their own offices. days, and printed copies thereof in its final form have
been distributed to its Members three days before its
● Araullo v. Aquino III (G.R. No. 209287, July 1, passage, except when the President certifies to the
2014) – The DAP (Disbursement Acceleration
 necessity of its immediate enactment to meet a public 6. Journal entry of votes – ensures public
calamity or emergency. accountability of legislators.
Upon the last reading of a bill, no amendment thereto
shall be allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and nays
entered in the Journal.
EXPLANATION

● Single Subject Rule: Prevents a bill from having

TOTAL OVERVIEW unrelated provisions hidden in it.

Section 26 sets procedural and substantive ● Three Readings Rule: Gives members of
safeguards in the legislative process: Congress the opportunity to study, debate, and
refine a bill before passing it.
1. Single-subject rule – to prevent logrolling and
ensure transparency. ● Distribution of Final Form: Members should
have the exact version they will be voting on.
2. Three readings on separate days – to allow
time for debate and review. ● Presidential Certification: Only valid in times of
public calamity or emergency, allowing faster
3. Distribution of printed copies – ensures passage of urgent legislation.
lawmakers read the bill before voting.
● No Third Reading Amendments: The version at
4. Presidential certification – allows bypassing the final reading should be the same as the one
three-day and three-reading rule only in urgent reviewed earlier.
situations.
● Journal Requirement: Votes must be recorded
5. No amendments on third reading – to prevent for transparency and historical record.
last-minute changes without scrutiny.
 ● Any bill passed without following these
procedures may be declared unconstitutional.
IMPORTANT TERMS

● Logrolling: Combining unrelated provisions to

force legislators to vote for an entire bill.
SCENARIO EXAMPLE
● Public Calamity: Natural or man-made disaster
affecting a large population. Congress passes a bill titled “An Act Improving
Public Education” but inserts a provision granting tax
● Legislative Journal: Official record of exemptions to a mining company. This violates the
proceedings in Congress. single subject rule because mining has no logical
connection to public education. The Supreme Court
● Third Reading: Final approval stage of a bill in could strike down the unrelated provision.
the legislative process.

KEY EXCERPTS / DOCTRINES RELATED

NOTES ● Tolentino v. Secretary of Finance (1994):
Upheld that presidential certification of urgency
● The single subject rule applies even if the title allows bypassing the three-day and three-
is broad; what matters is the relevance of the reading requirement, but the single-subject rule
provisions. must still be observed.
● The President’s certification does not exempt ● Philippine Judges Association v. Prado (1993):
the bill from constitutional limits on subject Reiterated that the bill’s subject must be
matter. germane to the title.
 ● Fariñas v. Executive Secretary (2003): the bill, it shall be sent, together with the objections,
Confirmed that amendments on third reading to the other House by which it shall likewise be
are prohibited. reconsidered, and if approved by two-thirds of all the
Members of that House, it shall become a law. In all
such cases, the votes of each House shall be
determined by yeas or nays, and the names of the
Members voting for or against shall be entered in its
Journal. The President shall communicate his veto of
any bill to the House where it originated within thirty
Alright — here’s Section 27 & 28 in the same
days after the date of receipt thereof, otherwise, it
structured style you asked for earlier, with the actual shall become a law as if he had signed it.
constitutional text first, then the total overview (Toto), The President shall have the power to veto any
explanation, important terms & notes, scenario, and particular item or items in an appropriation, revenue,
key excerpts/doctrines. or tariff bill, but the veto shall not affect the item or
items to which he does not object.

Toto (Total Overview):

SECTION 27 - Veto Power of the
This section explains the President’s veto power,
President how a veto can be overridden by Congress, and the
Actual Text: special item veto for appropriation, revenue, or tariff
bills.
Every bill passed by the Congress shall, before it
becomes a law, be presented to the President. If he Explanation:
approves the same he shall sign it; otherwise, he
shall veto it and return the same with his objections to ● Veto: President rejects a bill; sends it back with
the House where it originated, which shall enter the objections.
objections at large in its Journal and proceed to
reconsider it. If, after such reconsideration, two-thirds
of all the Members of such House shall agree to pass
 ● Override: Congress can still make it law if 2/3 he removes that ₱1 billion while signing the rest into
of both Houses agree. law. Congress can still override the veto if both
Houses muster a 2/3 vote to restore the cut.
● Deadline: President must veto within 30 days
after receiving the bill, or it automatically Key Excerpts / Doctrines:
becomes law.
● Doctrine of Separation of Powers: veto serves
● Item Veto: President can veto specific as a check on legislative overreach.
provisions in spending or tax bills without
rejecting the entire bill. ● In re Item Veto Cases: SC held that item veto
applies only to separable appropriations or
revenue items, not general policy statements.
Important Terms & Notes:

● Veto Power = check on legislative authority.

● Override Vote = 2/3 majority in each chamber. SECTION 28 – Principles of Taxation &
● Item Veto = applies only to appropriation, Exemptions
revenue, or tariff bills.
Actual Text:
● 30-Day Rule = inaction means approval by The rule of taxation shall be uniform and equitable.
default. The Congress shall evolve a progressive system of
taxation.
Scenario: The Congress may, by law, authorize the President to
fix within specified limits, and subject to such
Congress passes a ₱100 billion budget bill. The limitations and restrictions as it may impose, tariff
President agrees with most items but finds ₱1 billion rates, import and export quotas, tonnage and
allocated to an unnecessary project. Using item veto, wharfage dues, and other duties or imposts within the
 framework of the national development program of ● Delegated Tariff Authority: Congress may allow
the Government. the President to adjust certain rates within
Charitable institutions, churches and personages or limits.
convents appurtenant thereto, mosques, non-profit
cemeteries, and all lands, buildings, and ● Mandatory Exemptions: Certain religious,
improvements, actually, directly, and exclusively used charitable, and educational properties are tax-
for religious, charitable, or educational purposes shall free when used exclusively for those purposes.
be exempt from taxation.
No law granting any tax exemption shall be passed ● Majority Vote Rule: Prevents arbitrary tax
without the concurrence of a majority of all the exemptions.
Members of the Congress.

Toto (Total Overview): Important Terms & Notes:

This section lays down taxation principles (uniformity, ● Progressivity = rich pay more (percentage-
equity, progressivity), allows delegated tariff powers wise) than poor.
to the President, specifies tax exemptions for certain
institutions, and sets a majority vote requirement for ● Tariff Rates = taxes on imports/exports.
granting new tax exemptions.
● Constitutionally Mandated Exemptions =
Explanation: automatic tax-free status for specific uses.

● Uniform & Equitable Taxation: Taxes should be ● Majority Concurrence = safeguard against
applied consistently and fairly to all in similar indiscriminate tax privileges.
situations.

● Progressive Tax System: Higher-income Scenario:

individuals or corporations should bear a
A new bill proposes exempting luxury yacht owners
proportionally higher tax burden.
from paying import taxes. Even if Congress wants it,
they must secure a majority vote of all members. such priest, preacher, minister, or dignitary is
Without it, the exemption cannot become law. assigned to the armed forces, or to any penal
institution, or government orphanage or leprosarium.
Key Excerpts / Doctrines: All money collected on any tax levied for a special
purpose shall be treated as a special fund and paid
● Tolentino v. Secretary of Finance (1994): out for such purpose only. If the purpose for which a
upheld VAT as consistent with uniform and special fund was created has been fulfilled or
equitable taxation. abandoned, the balance, if any, shall be transferred
to the general funds of the Government.
● Lladoc v. Commissioner of Internal Revenue:
exemptions apply only when properties are Total Overview & Explanation:
used actually, directly, and exclusively for
exempt purposes. ● Purpose: Prevents misuse of public funds by
ensuring that spending comes from lawful
appropriations and not arbitrary decisions.

● First Paragraph: Government cannot spend

Section 29 – Appropriation and Use of money without a law authorizing it
Public Funds (appropriation law).
Actual Text: ● Second Paragraph: Upholds the separation of
No money shall be paid out of the Treasury except in Church and State — no taxpayer money can
pursuance of an appropriation made by law. support religion, except for specific secular
No public money or property shall be appropriated, services (military chaplains, prison ministers,
applied, paid, or employed, directly or indirectly, for etc.).
the use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of ● Third Paragraph: Special purpose funds must
religion, or of any priest, preacher, minister, other be used exclusively for their intended purpose;
religious teacher, or dignitary as such, except when leftover money goes back to the general fund.
Important Terms & Notes: Actual Text:

● Appropriation Law – A statute that authorizes No law shall be passed increasing the appellate
spending for a particular purpose. jurisdiction of the Supreme Court as provided in this
Constitution without its advice and concurrence.
● Separation of Church and State – Principle that
prevents government endorsement of religion. Total Overview & Explanation:

● Special Fund – Money collected for a specific ● Prevents Congress from unilaterally expanding
purpose, like disaster relief. the SC’s appellate jurisdiction, protecting
judicial independence.

Scenario: ● Any increase must be with SC’s advice and

concurrence — a safeguard to avoid
If Congress passes a law funding a hospital, the overburdening the Court.
money cannot be diverted to build a church. If a
₱500M disaster relief fund remains unused after full
recovery, the excess should revert to the general Important Terms & Notes:
fund.
● Appellate Jurisdiction – The power of a court to
Key Doctrine: review and revise lower court decisions.

● Pimentel v. Aguirre (G.R. No. 132988, July 19, ● Judicial Independence – The judiciary must be
2000) – Executive cannot impound free from improper legislative interference.
appropriations without Congressional authority.
Scenario:

Section 30 – Supreme Court Jurisdiction

If Congress passes a law making SC directly hear all ● Republican Principle – No hereditary privilege
land dispute appeals without SC’s consent, that law or class distinction by law.
is unconstitutional.
● Title of Nobility – Honorific rank like “Duke,”
Key Doctrine: “Baron,” or “Princess” granted by the state.
● Fabian v. Desierto (G.R. No. 129742, Sept. 16,
1998) – Congress cannot expand SC Scenario:
jurisdiction without its consent.
If Congress enacts a law declaring a wealthy donor
as “Prince of Luzon,” it would be void.

Section 31 – Titles of Royalty or Nobility

Section 32 – People’s Initiative and
Actual Text: Referendum
No law granting a title of royalty or nobility shall be Actual Text:
enacted.
The Congress shall, as early as possible, provide for
Total Overview & Explanation: a system of initiative and referendum, and the
exceptions therefrom, whereby the people can
● Upholds the Republican principle of equality directly propose and enact laws or approve or reject
among citizens. any act or law or part thereof passed by the Congress
or local legislative body after the registration of a
● Prevents creation of aristocratic classes in the petition therefor signed by at least ten per centum of
Philippines. the total number of registered voters, of which every
legislative district must be represented by at least
Important Terms & Notes: three per centum of the registered voters thereof.
Total Overview & Explanation: If Congress passes a law allowing unlimited political
dynasties, citizens could petition for a referendum to
● Gives citizens the power to directly make or reject it — provided they meet the voter percentage
reject laws without going through Congress. requirements.
● Initiative – People propose a new law or Key Doctrine:
amendment.
● Santiago v. COMELEC (G.R. No. 127325,
● Referendum – People approve or reject a law March 19, 1997) – Clarified limits on people’s
passed by Congress or a local legislative body. initiative for constitutional amendments.
● Petition requirements:

○ At least 10% of all registered voters

nationwide

○ At least 3% from each legislative district

Important Terms & Notes:

● Direct Democracy – People actively participate

in lawmaking.

● Legislative District Representation – Ensures

national representation, not just concentrated
from one region.

Scenario: