LIMITATIONS

SECTION 13.
A member is disqualified to hold two classes of office namely:
1. Incompatible office includes any kind of office or employment in the government, any
subdivision, agency or instrumentality including government-owned or controlled corporations
or their subsidiaries during his term
-This includes any position in the government outside of Congress.
-It is since that members of Congress need to devote their time and attention to their legislative
responsibilities
-A Senator or Representative who accepts any other office or employment in the government
during his term forfeits his seat. His occupying another position deprives the constituency of its
representation in Congress
-Meaning, a member of the Congress is not prevented from accepting other government posts as
long as he forfeits his seat as a legislator. What is not allowed is the simultaneous holding of a
government office and the seat in the Congress. The purpose is to prevent owing loyalty to
another branch of the government, to the detriment of the independence of the legislature and the
doctrine of the separation of powers. Forfeiture of the seat is automatic. Thus for example, a
congressman who was appointed as secretary of the Department of Budget and Management is
deemed to have automatically forfeited his seat in the House of Representatives when he took his
oath as secretary for DBM. No resolution is necessary to declare his legislative post as vacant.
-Not every other office or employment is to be regarded as incompatible office. There are seats
where it is permitted by the Constitution itself, eg. membership in the Electoral Tribunal, all
contests relating to the election, returns and qualification of members, and in the Judicial and Bar
Council, appointees for vacancies that may arise in the composition of the Supreme Court and
other lower courts.. Moreover, if it can be shown that the second office is actually an extension
of the legislative position or is in aid of legislative duties, the holding thereof will not result in
the loss of the legislator's seat in the Congress. Legislators who serve as treaty negotiators under
the President.
2. Forbidden office any office created or the emoluments of which have been increased during
the term for which he was elected, not merely during his tenure or period of actual incumbency.
-The purpose is to prevent public trafficking in public office. Some legislators who do not opt to
run again in the public office might create or improve lucrative government positions and in
combination with the President, arrange that they be appointed in those positions, all at the
expense of public good.
-The appointment however to the forbidden office is not allowed only during the term for which
a certain legislator was elected, when such office was created or its emolument thereof. After

such term, and even if the legislator is re-elected, the disqualification no longer applies and he
may therefore be appointed to the office.
SECTION 14.
Fiduciary position of members
The principle that public office is a public trust.
1. Appearance as counsel before any court of justice, etc. member of Congress shall not appear
personally as counsel before any court of justice or before the Electoral Tribunals or quasijudicial and other administrative bodies.
- The purpose is to remove any possibility of influence upon the judges of these courts or heads
or members of these bodies who might be swayed in their decisions by their hope for future
appointments
2. Financial interest in any contract with the government member of Congress shall not,
directly or indirectly, be interested financially in any contract with the government, etc., during
his term of office, whether as an individual or as a member of a partnership or as an officer of a
corporation.
-Financial interest in such contract by the spouse is indirect financial interest by a member of
Congress. But it does not extend to such contract entered into by a son or brother of a member of
Congress unless used as a dummy.
-Purpose of the prohibition is to prevent a member of Congress from using whatever influence
and pressure in the award of government contracts.
-Financial interest in any contract is interest which involves financial investment or business out
of which a member of Congress is to derive profit or gain
3. Financial interest in any special privilege granted by the government members of Congress
shall not, directly or indirectly, be interested financially in any franchise or special privilege
granted by the government, etc.
-Likewise, to prevent members of Congress from making use of their influence for purposes of
financial benefit or reward.
4. Intervention in certain matters He shall not intervene in any cause or 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 or to give his vote as member of Congress.
-The prohibition seeks to insure that his every vote on any pending legislative measure shall be
dictated by no other considerations than the public good.
SECTION 25.
Rules as to discretionary funds

1. When appropriation allowed Congress may appropriate funds (e.g., intelligence funds) for
certain operations or activities of the government to be disbursed at the discretion of particular
officials.
-It is allowed when it is not possible to determine beforehand when the expenditures have to be
made, exact amounts needed and the specific use
2. Conditions As a safeguard against illegal, unnecessary, and extravagant disbursements, or
misappropriations by officials authorized, the Constitution imposes the following conditions
a.) disbursement must be only for public purposes
b.) supported by appropriate vouchers
c.) subject to such guidelines as may be prescribed by law
Automatic reappropriation
In case of failure of Congress to pass the general appropriations bill for the ensuing fiscal
year, the general appropriations law for the preceding fiscal year shall deemed re-enacted.
-It shall remain in force and effect until the general appropriations bill is passed by Congress
-With the budget reenacted rule, the government continues to function even without an approved
budget. It undermines, however, Congress power of the purse because the President cannot be
pressured by Congress into agreeing to a compromise or deal in order to avoid crises in the event
the Congress fails to pass the budget in time.
- Automatic appropriations, on the other hand, refer to appropriations programmed annually or
for some other period prescribed by law, by virtue of outstanding legislation which does now
require periodic action by Congress. Falling under this category are expenditures authorized
under Presidential Decree (PD) 1967, RA 4860 and RA 245, as amended, for the servicing of
domestic and foreign debts, Commonwealth Act 186 and RA 660, for the retirement and
insurance premiums of government employees, PD 1177 and Executive Order 292, for net
lending to government corporations, and PD 1234, for various special accounts and funds.