ARTICLE VI THE LEGISLATIVE DEPARTMENT

IV.

Limits on the legislative power of Congress Substantive limitations on the content of laws. o Express Bill of Rights Article III On Appropriations - Article VI, Sec 25 & 29(1-2) On taxation - Article VI, Sec 28-29(3) On Constitutional appellate jurisdiction of SC - Article VI, Sec 30 No law granting title of royalty or nobility shall be passed Article VI, Sec 31 No specific funds shall be appropriated or paid for use or benefit of any religion, sect, etc., except for priests, etc., assigned to AFP, penal institutions, etc. - Article VI, Sec 29(2)

Section 1
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.

I.

Definition of Legislative Power It is the power or competence of the legislative to propose, enact, ordain, amend/alter, modify, abrogate or repeal laws. Expressly vested in Congress o Exception: Peoples Initiative and Referendum

Note: The Congress of the Philippines is a bicameral body composed of a Senate and House of Representatives, the first being considered as the upper house and the second the lower house. II. Classification of legislative power - (O De CO) Original Possessed by the people in their sovereign capacity Delegated Possessed by Congress and other legislative bodies by virtue of the Constitution Constituent The power to amend or revise the Constitution Ordinary The power to pass ordinary laws Note: Article XVII, Sec 2 IRT Article VI, Sec 32 > The original legislative power of the people is exercised via initiative and referendum. In this manner, people can directly propose and enact laws, or approve or reject any act or law passed by Congress or a local government unit. III. Legislative Powers of Congress under 1987 Constitution General plenary power Art. VI, Sec 1 Specific power of appropriation Taxation and expropriation Legislative investigation Question Hour o Implied

Congress cannot pass irrepealable laws its powers are plenary and limited only by the Constitution Congress, as a general rule, cannot delegate its legislative power. Since the people have already delegated legislative power to Congress, the latter cannot delegate it any further delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another (potestas delegata non delegari potest)

EXCEPTIONS Delegation of legislative government units; power to local

Instances when the Constitution itself allows for such delegation - Art. VI Sec. 23(2)

What may Congress delegate (Doctrine of Delegation of Powers) Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER or LAW EXECUTION. This involves either of two tasks for the administrative agencies: Filling up the details on an otherwise complete statute; or

Ascertaining the facts necessary to bring a contingent law or provision into actual operation.

House of Congress
Composition, Qualifications, Terms of Office and Disqualifications Senate House of Representatives Composition 24 Senators (elected at large by qualified Not more than 250 members, Filipino voters) otherwise provided by law. 1.

Tests of Validity of Delegation of Legislative Power Completeness test A law is complete when it sets forth therein the policy to be executed, carried out or implemented by the delegate. It lays down a sufficient standard when it provides adequate guidelines or limitations in the law to map out the boundaries of the delegates authority and prevent the delegation from running riot.

unless

Sufficient standard test To be sufficient, the standard must specify the limits of the delegates authority, announce the legislative policy and identify the conditions under which it is to be implemented.

Qualifications Naturalborn citizen of citizen of the 1. Naturalborn citizen of citizen of the Philippines Philippines 2. At least 35 years of age on the day of 2. At least 25 years of age on the day of election. election. 3. Able to read and write. 3. Able to read and write. 4. Resident of the Philippines for not less 4. Except the partylist reps, a registered than 2 years immediately preceding the voter in the district in which he shall be day of election. elected. 5. Resident thereof for a period of not less than 1 year immediately preceding the day of the election. Term of Office 6 years, commencing at noon on the 30th day 3 years, commencing at noon on the 30th day of June next following their election. of June next following their election. Term limit: Only up to 2 consecutive terms. Term limit: No member of the HoR shall serve for more than 3 consecutive terms.

Procedural limitations on the manner of passing laws. o o Only one subject, to be stated in the title of the bill - Article VI, Sec 26(1) Three (3) readings on separate days; printed copies of the bill in its final form distributed to members 3 days before its passage, except if President certifies to its immediate enactment to meet a public calamity or emergency; upon its last reading, no amendment allowed and the vote thereon taken immediately and the yeas and nays entered into the Journal - Article VI, Sec 26(2) Appropriation bills , revenue bills, tariff bills, bills authorizing the increase of public debt, bills of local application and private bills shall originate exclusively in the House of Representatives. Article VI, Sec 24

Note: Provided that these two limitations are not exceeded, Congress legislative power is plenary.

However, they may serve for more than 2 terms provided that the terms are not consecutive. Disqualifications 1. No Senator shall serve for more than 2 1. Shall not serve for more than three (3) consecutive terms. Voluntary consecutive terms (Sec. 7, Article VI) renunciation of the office for any length 2. One who has been declared by of time shall not be considered as an competent authority as insane or interruption in the continuity of his incompetent service for the full term for which he 3. One who has been sentenced by final was elected (Section 4, Article VI) judgment for: 2. One who has been declared by a. Subversion competent authority as insane or b. Insurrection; incompetent c. Rebellion; 3. One who has been sentenced by final d. Any offense for which he has been judgment for: sentenced to a penalty of not a. Subversion; more than 18 months; or b. Insurrection; e. A crime involving moral turpitude, c. Rebellion; unless given plenary pardon or d. Any offense for which he has granted been sentenced to a penalty amnesty. (Section 12, BP 881) of not more than 18 months; or e. A crime involving moral turpitude, unless given plenary pardon or granted amnesty. (Section 12, BP 881)

 The Senate Section 2

The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. The House of Representatives

Section 5
The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations. The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by 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 thousand, or each province, shall have at least one representative. Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.

Section 3
No person shall be a Senator unless he is a natural-born 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 registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election.

Section 4
The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term of which he was elected.

I.

Composition Section 2 24 senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

II.

Qualifications Section 3 Natural-born citizen; At least 35 years old on the day of election; Able to read and write; A registered voter; and Philippine resident for at least 2 years immediately preceding the day of the election. Note: The qualifications of both Senators and Members of the House are limited to those provided by the Constitution. Congress cannot, by law, add or subtract from these qualifications.

Section 6
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 least twenty-five years of age, able to read and write, and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election.

Section 7
The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Member of the House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

III.

Term of Office Section 4 6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their election.

I.

Composition Section 5 Not more than 250 members, unless otherwise fixed by law; and Party-list Representative

IV.

Term Limitations Section 4 No Senator shall serve for more than 2 consecutive terms. II. Election of 250 members Section 5

They shall be elected from legislative districts apportioned among the provinces, cities and the Metropolitan Manila area. Legislative districts are apportioned in accordance with the number of inhabitants of each area and on the basis of a uniform and progressive ratio. Each district shall comprise, as far as practicable, contiguous, compact and adjacent territory; Each city with at least 250,000 inhabitants will be entitled to at least one representative. Each province will have at least one representative. Legislative districts shall be re-apportioned by Congress within 3 years after the return of each census. According to Jack, however, while the apportionment of districts is NOT a political question, the judiciary CANNOT compel Congress to do this. The standards used to determine the apportionment of legislative districts is meant to prevent gerrymandering, which is the formation of a legislative district out of separate territories so as to favor a particular candidate or party. VII.

Tenure is the actual period during which such officer actually holds his position. Limitation/Possible Reduction o o Term CANNOT be reduced. Tenure MAY, by law, be limited. Thus, a provision which considers an elective office automatically vacated when the holder thereof files a certificate of candidacy for another elective office (except President and Vice-President) is valid, as it only affects the officers tenure and NOT his constitutional term.

Party-List Representatives Section 5(2) Constitute 20% of the total number of representatives, including those under the party-list system (thus a maximum of 50 party-list members of the House) However, for 3 consecutive terms from 2 February 1987 (i.e., the 1987-92, 9295 and 95-98 terms), 25 seats shall be allotted to sectoral representatives. Under Art. XVIII, Sec. 7, the sectoral representatives are to be appointed by the President until legislation otherwise provides. Mechanics of the party-list system: o o o Registered organizations submit a list of candidates in order of priority. During the elections, these organizations are voted for at large. The number of seats that each organization gets out of the 20% allotted to the system depends on the number of votes they get.

III.

Qualifications Section 6 Natural born citizen of the Philippines; At least 25 years old on the day of the election; Able to read and write; Registered voter in the district he seeks to represent; and A resident of such district for at least one year immediately preceding the day of the election.

Qualifications o o o Natural born citizen of the Philippines At least 25 years of age on the day of the election Able to read and write

IV.

Term of Office Section 7 Each member of the House shall be elected for a term of three (3) years which shall commence (unless otherwise provided for by law) at noon on 30 June next following their election. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Section 9

Vacancies

V.

Term Limitations Section 7 No member of the House of Representatives shall serve for more than three (3) consecutive terms.

In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term.

VI.

Distinctions between Term and Tenure Terms means the period during which the elected officer is legally authorized to assume his office and exercise the powers thereof. Section 10

Salary

The salaries of Senators and Members of the House of Representatives shall be determined by law. No 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 approving such increase.

2.

The speech or debate must be made in performance of their duties as members of Congress. This includes speeches delivered, statements made, votes cast, as well as bills introduced, and other activities done in performance of their official duties. Congress need NOT be in session when the utterance is made, as long as it forms part of legislative action, i.e. part of the deliberative and communicative process used to participate in legislative proceedings in consideration of proposed legislation or with respect to other matters with Congress jurisdiction.

I.

Determination of Salaries: Salaries of Senators and Members of the House of Representatives shall be determined by law.

3.

II.

Rule on increase in salaries: No increase in their salaries shall take effect until after the EXPIRATION OF THE FULL TERM (NOT TENURE) OF ALL THE MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES APPROVING SUCH INCREASE. Note: Since the Constitution provides for rules on salaries and not on emoluments, our distinguished legislators can appropriate for themselves other sums of money such as travel allowances, as well as other side benefits.

Congressional Disqualifications Section 12

All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

Congressional Immunities Section 11

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. 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.

Section 13
No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected.

I.

Immunity from arrest: Legislators are privileged from arrest while Congress is in session with respect to offenses punishable by up to 6 years of imprisonment. Thus, whether Congress is in regular or special session, the immunity from arrest applies. If Congress is in recess, members thereof may be arrested. The immunity is only with respect to arrests and NOT to prosecution for criminal offenses.

Section 14
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 quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office.

II.

Legislative privilege: No member shall be questioned or held liable in any forum other than his/her respective Congressional body for any debate or speech in the Congress or in any Committee thereof. Limitation on the privilege: 1. Protection is only against forum other than Congress itself. Thus for inflammatory remarks which are otherwise privileged, a member may be sanctioned by either the Senate or the House as the case may be.

Disqualifications DISQUALIFICATION WHEN APPLICABLE

1. Senator/Member of the House During his term. If he does cannot hold any other office or so, he forfeits his seat. employment in the Government or any subdivision, agency or Instrumentality thereof, including GOCCS or their subsidiaries.

2. Legislators cannot be appointed to IF the office was created or any office. the emoluments thereof increased during the term for which he was elected. 3. Legislators cannot personally appear During his term of office. as counsel before any court of justice, electoral tribunal, quasi-judicial and administrative bodies. 4. Legislators cannot be financially During his term of office. interested directly or indirectly in any contract with or in any franchise, or special privilege granted by the Government, or any subdivision, agency or instrumentality thereof, including any GOCC or its subsidiary. 5. Legislators cannot intervene in any When it is for his pecuniary matter before any office of the benefit or where he may be government. called upon to act on account of his office.

Section 16
The Senate shall elect its President and the House of Representatives, its Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it may deem necessary. 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. Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days. Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal. Each House shall also keep a Record of its proceedings. Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

I.

Officers Senate President; Speaker of the House; and Each House may choose such other officers as it may deem necessary.

II. Regular and Special Sessions Section 15

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. The President may call a special session at any time.

Election of Officers By a majority vote of all respective members.

III.

Quorum to do business Majority of each House shall constitute a quorum. A smaller number may adjourn from day to day and may compel the attendance of absent members. In computing a quorum, members who are outside the country and thus outside of each Houses coercive jurisdiction are not included.

I.

Regular Sessions Congress convenes once every year on the 4 otherwise provided for by law)
th

IV. Monday of July (unless

Internal Rules Each House shall determine its own procedural rules. Since this is a power vested in Congress as part of its inherent powers, under the principle of separation of powers, the courts cannot intervene in the implementation of these rules insofar as they affect the members of Congress. Also, since Congress has the power to make these rules, it also has the power to ignore them when circumstances so require.

Continues in session for as long as it sees fit, until 30 days before the opening of the next regular session, excluding Saturdays, Sundays, and legal holidays.

II.

Special Sessions Called by the President at any time when Congress is not in session. V. Senate President and Speaker of the House of Representatives

Discipline Suspension o Concurrence of 2/3 of ALL its members and

o Expulsion o VI.

Shall not exceed 60 days.

Concurrence of 2/3 of ALL its members

Each ET shall be the sole judge of all CONTESTS relating to the election, returns, and qualifications of their respective members. This includes determining the validity or invalidity of a proclamation declaring a particular candidate as the winner. An election contest is one where a defeated candidate challenges the qualification and claims for himself the seat of a proclaimed winner. In the absence of an election contest, the ET is without jurisdiction. However, the power of each House to expel its own members or even to defer their oath-taking until their qualifications are determined may still be exercised even without an election contest.

Congressional Journals and Records The Journal is conclusive upon the courts. BUT an enrolled bill prevails over the contents of the Journal. An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding officers of each House. Thus where the certifications are valid and are not withdrawn, the contents of the enrolled bill are conclusive upon the courts as regards the provision of that particular bill.

III.

Issues regarding the Electoral Tribunals Since the ETs are independent constitutional bodies, independent even of the House from which the members are respectively taken, neither Congress nor the Courts may interfere with procedural matters relating to the functions of the ETs, such as the setting of deadlines or filing their election contests with the respective ETs. The ETs being independent bodies, its members may not be arbitrarily removed from their positions in the tribunal by the parties which they represent. Neither may they be removed for not voting according to party lines, since they are acting independently of Congress. The mere fact that the members of either the Senate or the House sitting on the ET are those which are sought to be disqualified due to the filing of an election contest against them does not warrant all of them from being disqualified from sitting in the ET. The Constitution is quite clear that the ET must act with both members from the SC and from the Senate or the House. If all the legislator-members of the ET were to be disqualified, the ET would not be able to fulfill its constitutional functions. Judicial review of decisions of the ETs may be had with the SC only insofar as the decision or resolution was rendered without or in excess of jurisdiction or with grave abuse of discretion constituting denial of due process. Commission on Appointments

VII.

Adjournments Neither House can adjourn for more than 3 days during the time Congress is in session without the consent of the other House. Neither can they adjourn to any other place than that where the two houses are sitting, without the consent of the other.

Electoral Tribunal Section 17

The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

Section 18 I. The Senate and the House shall each have an Electoral Tribunal which shall be composed of 3 Supreme Court Justices to be designated by the Chief Justice; & 6 Members of the Senate or House, as the case may be. The senior Justice in the Electoral Tribunal shall be its Chairman. Note: The congressional members of the ETs shall be chosen on the basis of proportional representation from the political parties and party-list organizations. II. Jurisdiction
There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members.

Section 19
The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker. The Commission on Appointments shall meet only while the Congress is in

session, at the call of its Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it.

I.

Composition: Senate President as ex-officio chairman; 12 Senators; and 12 Members of the House. Note: The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the political parties and party-list organizations. Section 21

Note: The ET and the CA shall be constituted within 30 days after the Senate and the House of Representative shall have been organized with the election of the President and the Speaker.

Legislative Inquiries

The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in, or affected by, such inquiries shall be respected.

Section 22
The heads of departments may, upon their own initiative, with the consent of the President, or upon the request of either House, as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session.

II.

Voting/Action The chairman shall only vote in case of a tie. The CA shall act on all appointments within 30 session days from their submission to Congress. The Commission shall rule by a majority vote of all the Members.

III.

Jurisdiction CA shall confirm the appointments by the President with respect to the following positions: o o o o Heads of the Executive Departments (except if it is the VicePresident who is appointed to the post). Ambassadors, other public ministers or consuls. Officers of the AFP from the rank of Colonel or Naval Captain: and Other officers whose appointments are vested in him by the Constitution (e.g. COMELEC members). I. Scope Either House or any of their committees may conduct inquires in aid of legislation. In aid of legislation does not mean that there is pending legislation regarding the subject of the inquiry. In fact, investigation may be needed for purposes of proposing future legislation. If the stated purpose of the investigation is to determine the existence of violations of the law, the investigation is no longer in aid of legislation but in aid of prosecution. This violates the principle of separation of powers and is beyond the scope of congressional powers.

Congress CANNOT by law prescribe that the appointment of a person to an office created by such law shall be subject to confirmation by the CA. Appointments extended by the President to the above-mentioned positions while Congress is not in session shall only be effective until disapproval by the CA or until the next adjournment of Congress.

II.

Enforcement Since experience has shown that mere requests for information does not usually work, Congress has the inherent power to punish recalcitrant witnesses for contempt, and may have them incarcerated until such time that they agree to testify. The continuance of such incarceration only subsists for the lifetime, or term, of such body. Once the body ceases to exist after its final adjournment, the power to incarcerate ceases to exist as well. Thus, each Congress of the House lasts for only 3 years. But if one is incarcerated by the Senate, it is indefinite because the Senate, with its staggered terms, is a continuing body. BUT, in order for a witness to be subject to this incarceration, the primary requirement is that the inquiry is within the scope of Congress powers. i.e. it is in aid of legislation.

IV.

Meetings of the CA CA meets only while Congress is in session. Meetings are held either at the call of the Chairman or a majority of all its members. Since the CA is also an independent constitutional body, its rules of procedure are also outside the scope of congressional powers as well as that of the judiciary.

The materiality of a question is determined not by its connection to any actually pending legislation, but by its connection to the general scope of the inquiry. The power to punish for contempt is inherent in Congress and this power is sui generis. It cannot be exercised by local government units unless they are expressly authorized to do so.

During times of war or other national emergency, Congress may, BY LAW, authorize the President to exercise powers necessary and proper to carry out a declared national policy. Limitations o o Powers will be exercised for a limited period only; and Powers will be subject to restrictions prescribed by Congress

III.

Limitations The inquiry must be conducted in accordance with the duly published rules of procedure of the House conducting the inquiry; and The rights of persons appearing in or affected by such inquiries shall be respected. Ex. The right against self-incrimination.

Expiration of emergency powers o o By resolution of Congress or Upon the next adjournment of Congress

IV.

Appearance by department heads before Congress: Since members of the executive department are co-equals with those of the legislative department, under the principle of separations of powers, department heads cannot be compelled to appear before Congress. Neither may the department heads impose their appearance upon Congress. Department heads may appear before Congress in the following instances. Upon their own initiative, with the consent of the President (and that of the House concerned); or Upon the request of either House (which cannot compel them to attend) The appearance will be conducted in EXECUTIVE SESSION when: o o Required by the security of state or required by public interest; and When the President so states in writing Section 24

Legislation

All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills, shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.

Section 25
The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law. No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates. The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies. 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 Treasurer, or to be raised by a corresponding revenue proposal therein. No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law. If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and shall remain in force and effect until the general appropriations bill is passed by the Congress.

Declaration of War and Emergency Powers Section 23

The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war. In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.

I.

Vote requirement: (to declare the existence of a state of war) 2/3 of both Houses, in joint session, voting separately

II.

Emergency powers

Section 26
Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.

No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. 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.

Thus, a bill introducing a new tax is a revenue bill, but a provision in, for instance, the Videogram Regulatory Board law imposing a tax on video rentals does not make the law a revenue bill.

IV.

Bills of local application A bill of local application, such as one asking for the conversion of a municipality into a city, is deemed to have originated from the House provided that the bill of the House was filed prior to the filing of the bill in the Senate even if, in the end, the Senate approved its own version.

Section 27
Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the 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 the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be 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 days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it. The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.

V.

Limitations: For appropriation bills: 1. Congress cannot increase the appropriations recommended by the President for the operation of the Government as specified in the budget. Each provision or enactment in the General Appropriations Bill must relate specifically to some particular appropriation therein and any such provision or enactment must be limited in its operation to the appropriation to which it relates. The procedure in approving appropriations for Congress shall strictly follow the procedure for approving appropriations for other departments and agencies. A special appropriations bill must specify the purpose for which it is intended and must be supported by funds actually available as certified by the National Treasurer or to be raised by a corresponding revenue proposal therein.

2.

I.

Bills that must originate from the House of Representatives (Section 24) CODE: A R T Pu Lo P Appropriation bills Revenue bills Tariff bills Bills authorizing the increase of public debt Bills of local application Private bills Note: The Senate may, however, propose or concur with amendments. VI. 4. 3.

Transfer of appropriations: Rule: No law shall be passed authorizing any transfer of appropriations BUT the following may, BY LAW, be authorized to AUGMENT any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations 1. 2. 3. 4. 5. President President of the Senate Speaker of the House of Representatives Chief of Justice of the Supreme Court Heads of the Constitutional Commissions

II.

Appropriation bills The primary and specific aim of an appropriation bill is to appropriate a sum of money from the public treasury. Thus, a bill enacting the budget is an appropriations bill. BUT: A bill creating a new office, and appropriating funds therefor is NOT an appropriation bill. VII.

III.

Revenue Bill A revenue bill is one specifically designed to raise money or revenue through imposition or levy. 1. 2.

Discretionary funds appropriated for particular officials shall be: Disbursed only for public purposes; Should be supported by appropriate vouchers; and

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3. 1.

Subject to guidelines as may be prescribed by law.

1.

If Congress fails to pass General Appropriations Bill (GAB) by the end of any fiscal year: 1.

This rule eliminates the pocket veto whereby the President would simply refuse to act on the bill.

i. The GAB for the previous year is deemed reenacted ii. It will remain in full force and effect until the GAB is passed by Congress. 1. For law granting tax exemption

To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree to pass the bill. In such case, the veto is overriden and becomes a law without need of presidential approval. Item veto The President may veto particular items in an appropriation, revenue or tariff bill. This veto will not affect items to which he does not object. Definition of item ITEM Subject of the tax and the tax rate imposed thereon Indivisible sum dedicated to a stated purpose

1. 1. 1. 1.

It should be passed with the concurrence of a MAJORITY of ALL the members of Congress. 1. 1. i. For bills in general Every bill shall embrace only one (1) subject, as expressed in the title thereof

As a mandatory requirement

TYPE OF BILL 1. Revenue/tax bill 2. Appropriations bill 1. 1. 2. Veto of RIDER

ii. The title does not have to be a complete catalogue of everything stated in the bill. It is sufficient if the title expresses the general subject of the bill and all the provisions of the statute are germane to that general subject. iii. A bill which repeals legislation regarding the subject matter need not state in the title that it is repealing the latter. Thus, a repealing clause in the bill is considered germane to the subject matter of the bill. 1. 1. 2. Readings In order to become a law, each bill must pass three (3) readings in both Houses. General rule: Each reading shall be held on separate days & printed copies thereof in its final form shall be distributed to its Members three (3) days before its passage. Exception: If a bill is certified as urgent by the President as to the necessity of its immediate enactment to meet a public calamity or emergency, the 3 readings can be held on the same day. First reading only the title is read; the bill is passed to the proper committee

A rider is a provision which does not relate to a particular appropriation stated in the bill. Since it is an invalid provision under Section 25(2), the President may veto it as an item.

Specific limitations on legislation 1. 1. No law shall be enacted increasing the Supreme Courts appellate jurisdiction without the SCs advice and concurrence. No law shall be enacted granting titles of royalty or nobility.

3.

Section 28. POWER TO TAX Limitations: 1) 2) 3) The rule of taxation should be UNIFORM It should be EQUITABLE Congress should evolve a PROGRESSIVE system of taxation.

4.

Second reading Entire text is read and debates are held, and amendments introduced. Third reading only the title is read, no amendments are allowed. Vote shall be taken immediately thereafter and the yeas and nays entered in the journal. Veto power of President: 1. 1. Every bill, in order to become a law, must be presented to and signed by the President. If the President does not approve of the bill, he shall veto the same and return it with his objections to the House from which it originated. The House shall enter the objections in the Journal and proceed to reconsider it. The President must communicate his decision to veto within 30 days from the date of receipt thereof. If he fails to do so, the bill shall become a law as if he signed it.

4) The power to tax must be exercised for a public purpose because the power exists for the general welfare 5) The due process and equal protection clauses of the Constitution should be observed.

Delegation of power to fix rates 1) a) b) Congress may, BY LAW, authorize the President to fix the following: Tariff rates Import and Export Quotas

1.

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c) d)

Tonnage and wharfage dues Other duties and imposts

government orphanage; or leprosarium

Within the framework of the national development program of the Government 2) The exercise of such power by the President shall be within the specified limits fixed by Congress and subject to such limitations and restrictions as it may impose. Constitutional tax exemptions: 1) The following properties are exempt from REAL PROPERTY taxes

c) BUT the government is not prohibited from appropriating money for a valid secular purpose, even if it incidentally benefits a religion, e.g. appropriations for a national police force is valid even if the police also protects the safety of clergymen. d) ALSO, the temporary use of public property for religious purposes is valid, as long as the property is available for all religions 3) Special Funds

(CODE: Cha Chu M- CA) a) b) c) d) Charitable institutions Churches, and parsonages or convents appurtenant thereto Mosques Non-profit cemeteries; and

a) Money collected on a tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. b) Once the special purpose is fulfilled or abandoned, any balance shall be transferred to the general funds of the Government Section 32. INITIATIVE AND REFERENDUM 1) Through the system of initiative and referendum, the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body. 2) a) b) c) Required Petition Should be signed by at least 10% of the total number of registered voters Every legislative district should be represented by at least 3% of the registered voters Petition should be registered

e) All lands, buildings and improvements actually, directly and exclusively used for religious, charitable, or educational purposes. 2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from taxes and duties PROVIDED that such revenues and assets are actually, directly and exclusively used for educational purposes. (Art. XIV Sec 4 (3)) 3) Grants, endowments, donations or contributions used actually, directly and exclusively for educational purposes shall be exempt from tax. This is subject to conditions prescribed by law. (Art. XIV. Sec 4 (4)) Section 29. Power of the Purse 1) No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation made by law. a) This places the control of public funds in the hands of Congress.

b) BUT: This rule does not prohibit continuing appropriations. e.g. for debt servicing. This is because the rule does not require yearly, or annual appropriation. 2) a) b) (i) (ii) Limitations. Appropriations must be for a PUBLIC PURPOSE Cannot appropriate public funds or property, directly or indirectly, in favor of Any sect, church, denomination, or sectarian institution or system of religion or Any priest, preacher, minister, or other religious teacher or dignitary as such.

EXCEPT if the priest, etc is assigned to: the Armed Forces; or any penal institution; or

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