Documentos de Académico
Documentos de Profesional
Documentos de Cultura
Legislative Power
o the power to pass, propose, create, determine, and amend laws
o vested with Congress by express delegation of the people to them through the
constitution
Delegated Power
o exercised by the people
Constituent Power
Should not be contrary to the bill of rights and existing laws unless they want
to repeal it
o Procedural
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.
This power is vested in the congress (composed of Senate and House of Representative)
o Congress (Senate and the House of Representatives)
o Bicameral presently
o We had a unicameral legislative body (Batasang Pambansa)
Advantages of unicameral
Advantages of Bicameral
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.
For elective officials filing their candidacy for any other position and they lose the
election they can go back to their own position and finish their term because they owe it
to the people to finish their term because they were elected by the people
For appointed officials, the moment they file their candidacy they are disqualified to go
back to their appointed position
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.
Qualifications
o Natural born citizen
o On the date of the election, at least 35 years of age
o No specific educational attainment
o Resident of the Philippines immediately 2 years before the election
RA9165
o Anti-drugs law
o There was a requirement of a drug test for congress
o But it was stuck down since it was beyond the Congress to do this
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.
No 2 successive terms
Oath of Office
o 30th day in noontime (may be changed)
Section 5
1) 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.
2) 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.
3) 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.
4) 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.
250 members but now 281 (can actually be increased based on progressive and uniform
ratio; as poplution increases, representation may change)
Legislative district members
Seat Allocation (BANAT Ruling) not more than 3 seats for each party
o Parties with at least 2% votes of the total votes one seat (Guaranteed Sit)
o All parties will be ranked then the top parties will get the rest of the remaining
seats one seat (Additional Seat)
o Parties with more than 2% votes one seat
Qualifications (Sec. 6)
No person shall be a Member of the House of Representatives unless he is a naturalborn 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.
Natural-born citizen
25 years old on the day of election
Able to read and write
For district representatives: resident of district one year before election
Party reps: resident of the Philippines one year before election
Regular Election
o Every second Monday
o Every after 3 years
Special Elections
o When there is vacancy in the senate or the house of rep
o It does not need to be filled up; decide not to do it and wait for regular election
o The person elected to fill up the vacant position will only serve for the rest of the
unexpired term
o Conditions
o The vacancy should not occur less than 18 months before the next election
election is coming up so might as well wait for elections and the term
will be very shortened already
The election should occur within 12 months since the vacancy
Staggering of Elections
o First election was in 1987, therefore the term of the senators will end in 1993
o In 1992, there was a law passed to synchronize the local and national elections
o There has to be a shortening of the tenure, so Senators tenure ended in 1992 and
o
o
o
o
o
had elections.
Staggering of the terms of office so that every three years the senate will not be
totally vacated
After the election of 1992, top 12 will serve for 6 years and other 12 will serve for 3
years.
After the election of 1995, bottom 12 of 1992 election will leave and new 12 will
serve for 6 years
After the election of 1998, top 12 of 1992 election will leave and new 12 will serve
for 6 years (Tenure actual filling of the position)
Every after 3 years we elect only 12 senators
Salaries (Section 10 and 20)
Two Immunities:
o Privilege from Arrest
So that he can attend sessions
Cannot be detained for crime with more than 6 years imprisonment
Effective for the entire session (initial convening to final adjournment)
Continuous for around 30 days
But when convicted already, no longer immune from arrest
Jalosjos Case
While his case was pending in the supreme court, he ran as
congressman and won
When his conviction was confirmed by SC, he invoked his immunity
The fact that he was elected means he was chosen by people
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.
Incompatible Office
o One cannot be a legislator and hold a position in another seat in a different branch
of government (to respect doctrine of separation of powers)
o Once elected to another position, position in Congress is terminated or you must
resign to be appointed to this position
o But can occupy second position if it is an extension of legislative duties
o cannot accept an executive position
o Liban vs. Gordon Case
Gordon was appointed as chairman to the Red Cross but was also a Senator
There was protest regarding this because he cannot be the chairman of the
Red Cross and a Senator at the same time because it is an incompatible
office
SC ruled in Gordons favor saying that the Red Cross is a private organization
and not government therefore he can be the chairman of it
Forbidden Office
o Member of Congress cannot forfeit seat in Congress if he wants to fill a position
that was created or given more emolument by the member of congress himself
during his term
o even if you resign, you cannot fill up these positions because the laws you make
may benefit the position
Appearing as Counsel and Entering into Business Contracts with Govt (Section 14)
most Congress are lawyers, cannot appear as counsel (personal appearance) to any
court of office, electoral tribunal, quasi-judicial and administrative bodies
o to avoid undue influence
o Puyat vs,. Guzman
entering into purely financial contracts that may be connected to government with the
purpose of business
o to get money or invest
o this may promote graft and corruption
o but if not for pecuniary benefit, it's ok
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.
Sessions conducted by congress
Regular
o every fourth Monday of July, can be on a different day set by law
o 30 days until opening of next regular session excluding weekends and holidays
o no specific time they start, it continues for 30 days
Special/recess
o topic decided by president and called by him for urgent matters
Sinedie
o this is a sessions held by congress after they finish session of making laws
o this happens usually when their term is about to end, before election
o act as canvassers
o neither regular or special
o they still have obligations during this sessions
of the other, adjourn for more than three days, nor to any other place than
that in which the two Houses shall be sitting.
SC said that the congress had the discretion to follow their own rules or not
requisite number of members who should attend the session to legally pass a law or do
business
it should be based on the number of members who are within the coercive
power of Congress
senate can compel a member to attend Session if they can be reached (but
never beyond the territory)
even if on a stretcher
Shifting majority
o the majority requirement may increase if members get into the coercive power of
congress
once quorum is done, the session will go on unless someone challenges the quorum
Disciplining Members
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.
this is how you cut-short terms of congressmen and senators (cant by impeachment)
This is not a violation of the separation of powers and the prerogative of the
Congress
o Santiago vs Sandiganbayan
but this is a precautionary measure so that they will not use their influence
to destroy records
o they investigate each member and the ground is only disorderly behavior
o suspension not more than 60 days (if more than 60 days, might as well expel)
o but the preventive suspension in Sandiganbayan is not more than 90 days
Records of proceedings
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
2 major sources
o JOURNAL
contains*
votes of the yeas and nays 2/3 after vetoed to override the Veto
yeas and nays with the results of the votes of the members of
Congress (requested by 1/5 of the members of the house) to be
entered in the journal
Value of journal - BINDING UPON THE COURTS must adopt them in toto
o ENROLLED BILL
SET (Senate Electoral Tribunal) and HRET (House of Representatives Electoral Tribunal)
they may form a coalition with large sectoral orgs in Congress to get a
chance
membership in the electoral tribunal enjoys tenure and independent from Congress AND
your political party to maintain IMPARTIALITY of the Electoral Tribunal
o SC said that it is not allowed because he has security of tenure and is independent
from the political party
Not a ground to remove from tribunal cannot be removed to maintain independence from
legislative
Function
o decide whether to disqualify:
qualified or not
fraud
disloyalty
If the winner ran as the only one in the district, can he still be subject to
tribunal?
o SECOND REQUISITE
SC said that because Cudilla was able to file the case with COMELEC on time,
Locsins proclamation was INVALID
Limkaichong Case
o A case was pending regarding her citizenship but won the Election
o Resolution already passed by COMELEC to nullify this requirement
All those who have won the election without prejudice of the pendency of
disqualification case are declared winners
Sibak Case
o validity of nomination
o chairmen presented nominees
o sec gen presented nominees
o there is a question of leadership
o whose jurisdiction to decide
o it should be the COMELEC because this is a question of leadership in a political
party
Commission of Appointments
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.
12 senators and 12 HR
all 24 need not be filled up (HIGHLY PARTISAN, you need to be part of a party if you want
to join COA)
KINDS OF APPOINTMENTS
REGULAR APPOINTMENT
o President makes a nomination
o then submitted to the CA
o CA has 30 days to act
o if disapproved, cannot renominate
o if approved, appointee will take oath of office upon approval of the CA
o if CA does not act, nomination bypassed but can be renominated by the President
o meaning the president can renominate the person in the next session (OIC)
o Acting Capacity Appointment
Can be reappointed and no need for confirmation, but will end in the next
adjournment again
Matibag case
o appointment of commissioner of COMELEC
o 7 years term without reappointment (refers to a regular appointment only)
o his appointment was not approved but bypassed in a recess appointment
o his appointment is effective until adjournment
o but it was questioned because there should be no reappointment
o SC said if it was done in a RECESS APPOINTMENT (which is permanent until next
adjournment), one can be reappointed
o If it was CA who confirmed the Appointment, there cannot be a reappointment
again
Pimentel Case
o some names were not submitted to the COA for confirmation
o president refused said that it was only in acting capacity, just to fill up the gap
o SC said it is ok because it is only temporary
Legislative inquiry
o It is the power of congress (OR ANY LEGISLATIVE BODY) to inquire into any matter
that may be a subject of legislative enactment
o Cabinet member cannot say no to Congress if required to appear
o ANY PERSON including the cabinet members, except of the President(executive
privilege), and SC's Justice (Judicial privilege)
o no need for pendency of a bill to speak about a subject, as long as relevant to the
Congress
o Rules and Procedures MUST be published (if not published, VOID because it will be
a violation against the rights of the person appearing in a legislative inquiry)
o In the absence of published rules, investigation cannot proceed
o Cannot just be shown in the internet, must actually be punished in the Official
Gazette
Bengzon Case
The constitution does not expressly grant this power to the president but
courts have long recognized implied presidential powers necessary and
proper in carrying out powers and functions expressly granted to the
executive under the Constitution
Arroyo passed a law that makes all cabinet members enjoy Executive
Privilege so that they do not appear in a legislative inquiry without the
consent of the president
ANY PERSON
including the cabinet members, except of the
President(executive privilege), and SC's Justice (Judicial privilege)
BUT Executive privilege will only involve the INFORMATION you have that
involves the president
o ZTE Scandal
Neri did not want to disclose to the Congress what Neri and Erap talked
about
if you do not appear, you can be arrested and detained unless you answer (Arnault Vs
Nazareno)
o if senate cites you for contempt, it will be indefinite and continuing
o if HR, just 3 years
Question Hour
o When a member of congress will request a cabinet member to appear before them
in order to answer to some queries as a form of oversight with respect to laws
already passed to enhance or repeal it as part of supervision for laws already
passed
o Only Cabinet Members or the President can be summoned but may not appear
without the presidents consent
o Cabinet member may request to have an audience before the Congress but
Congress is not required to hold an audience with the cabinet member
Difference between Legislative Inquiry and Question Hour (Senate vs. Ermita)
Question Hour
Legislative Inquiry
Declaration of War
o For a declaration of war to be made, there must be 2/3 vote of both houses in
Congress
o All appropriations, revenue or tariff bills, bills authorizing increase of the public
debt, bills of local application, and private bills must originate from the HR
o Congress cant increase appropriation recommended by the President in the
budget
o Congress cannot put in unrelated subject matter into appropriation bills
o Congress cannot make their own procedure for approving appropriations for itself
different from approving appropriations for others
o SPECIAL APPROPRIATIONS must specify for what purpose it is made and must be
paid by the National Treasury (if the funds from the Treasury is not enough, then
specify where to get the funds)
o Congress is limited in transferring funds
o Discretionary funds for particular officials will be disbursed ONLY for PUBLIC
PURPOSES (to avoid abuse)
o Congress cannot cripple the economy by not making a new GENERAL appropriation
bill for the next fiscal year (always a appropriation)
o Appropriation cannot be done for religious purposes
o General appropriation law must be based on the budget of the president
General rule:
o An appropriation is a statute with the primary and specific purpose of which is to
authorize the release of public funds from the treasury
o Congress appropriates funds, President prepares budget and list of expense and
amount
o Budget will be submitted to Congress
o Congress then will determine the reasonableness of expenses and amount asked
to implement the expenses
o Amounts cannot be increased as stated in the budget
o Each branch has their allotted budget and a specific item for an expense
o There are savings after spending, becomes saving at the end of the Fiscal year
o But savings for one thing cannot be transferred to another branch (cannot just
transfer savings to anywhere)
o Cannot juggle funds (Prohibited)
o EXCEPTIONS:
If it authorized by law
SC justice
Ombudsman
Transfer funds to agencies with less hassle and less corruption in order to enhance the
economy
Good faith is ineffectual (Even though the president thought it was done for
the betterment of the country, good faith is of no moment to technical
malversation)
KINDS OF BILLS
o General Appropriation Act
Annual Budget for the Country (can be decreased but never increased)
Automatic Re-appropriation
o In case congress was not able to make a GAA for the next fiscal year, the old GAA
of the previous fiscal year is deemed continued in operation notwithstanding the
lapse of the fiscal year for which it was originally intended until the Congress
enacts a new GAA
Automatic Appropriation
o In order to pay there must be appropriation
o the payment of the first loan it is not automatic, need appropriation law
o Subsequent payments is already automatically carried over
o
Must embrace only one subject matter, should not be an insertion of other
matters
o First reading
Committee will have discretion over the bill (no obligation up to the
committee if they want to act on it with research and create amendments by
substitutions)
o Second reading
Changes introduced
o Third Reading
Then after one house, goes to the other house and goes through the same 3
readings
o Tariff/revenue bills
Once house of reps passed it to the senate, senate can change the whole bill
(amendment by substitution)
Taxation (Section 28)
(1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a
progressive system of taxation.
(2) The Congress may, by law, authorize the President to fix within specified limits,
and subject to such limitations and restrictions as it may impose, tariff rates, import
and export quotas, tonnage and wharfage dues, and other duties or imposts within
the framework of the national development program of the Government.
(3) Charitable institutions, churches and parsonages or convents appurtenant
thereto, mosques, non-profit cemeteries, and all lands, buildings, and
improvements, actually, directly, and exclusively used for religious, charitable, or
educational purposes shall be exempt from taxation.
(4) No law granting any tax exemption shall be passed without the concurrence of a
majority of all the Members of the Congress.
It may be delegated to the president by way of tariff rates, import and export quotas,
tonnage and wharfage dues as long as it is for the improvement of the economy (not
self-executing must be granted)
Tax Exemptions
o BY STATUTE: There has to be a law voted by majority votes to grant tax exemptions
to people
Exemptions by law
Being married
Charitable Institutions
Convents
Mosques
Non-profit Cemeteries
How about the farm lands for the subsistence of the monks? It is exempted
but selling produce is subject to tax already
Second Paragraph
No law shall be passed increasing the appellate jurisdiction of the Supreme Court as
provided in this Constitution without its advice and concurrence.
Congress determines jurisdiction but can it increase original and appellate jurisdiction?
It can increase original jurisdiction but must ask consent from the courts to increase
appellate jurisdiction
Section 31
No law granting a title of royalty or nobility shall be enacted.
The president cannot be proclaimed the king of the Philippines because our system is
egalitarian and democratic
Section 32
The Congress shall, as early as possible, provide for a system of initiative and
referendum, and the exceptions therefrom, whereby the people can directly
propose and enact laws or approve or reject any act or law or part thereof passed
by the Congress or local legislative body after the registration of a petition therefor
signed by at least ten per centum of the total number of registered voters, of which
every legislative district must be represented by at least three per centum of the
registered voters thereof.
Referendum
o only in statutes and local legislation
o Congress proposes to the people in a referendum instead of giving it to the
president (whether they will approve or not)
o A method of submitting an important legislative measure to a direct vote of the
people as a whole
o The power of the electorate to approve or reject a legislation through an election
called for the purpose
plebiscite
Election of officials
Congress may pass laws but may still be rejected in a plebiscite
Direct removal of a local official in a locality
Peoples initiative/referendum to directly pass laws
Requisites
Amendment (12% total, 3% from each district)
National Legislation (10%, 3% from each district)
Autonomous Regions (2000 voters)
Provinces (1000)
Cities (500)
Municipalities (100)
Barangay (50)