LEGISLATIVE DEPARTMENT (ARTICLE VI) 3) ABLE TO READ AND WRITE
Literacy requirement is now
Bicameralism
LEGISLATIVE POWER
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.
NON-LEGISLATIVE POWER
1) Canvass of Presidential elections
2) The declaration of existence of a state
of war
3) The confirmation of amnesties
4) Presidential appointments (through
Commission of Appointments)
5) Amendment and revision of
Constitution
6) Impeachment
I. The SENATE
COMPOSITION (SEC. 2)
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.
This intends to make the Senate a
training ground for national leaders and
possibly a springboard to the Presidency.
Senate is likely to be more circumspect
and broad-minded than the House of the
Representatives.
QUALIFICATIONS (SEC. 3)
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.
1) NATURAL-BORN CITIZEN OF THE PH
Those who are citizens of the PH from
birth WITHOUT having to perform any
act to acquire or perfect their PH
citizenship.
2) AT LEAST 35 YRS. OF AGE, ON THE
DAY OF THE ELECTION
when polls are opened and the votes
are cast
NOT on the day of the proclamation of
the winners
specifically prescribed because it is
NOT deemed embrace in the suffrage
qualification under the Constitution.
4) RESIDENT OF PH FOR NOT LESS
THAN 10 YRS. IMMEDIATELY
PRECEDING THE DAY OF THE
ELECTION.
o RESIDENCE (definition)
The place where one habitually
resides and to which, when he is
absent, he has the intention of
returning.
NOT understood in its common
acceptation as referring to
DWELLING or HABITATION
o DOMICILE / LEGAL RESIDENCE
(definition)
The place where a party actually or
constructively has his permanent
home, where he, no matter where
he may be found at any given time,
eventually intends to return and
remain (ANIMUS MANEDI)
A fixed permanent residence to
which, whenever absent for
business, pleasure, or some other
reasons, ONE INTENDS TO RETURN.
o 3 RULES (w/o clear & positive proof
of the concurrence of these, the
domicile of origin cont.)
a) That a man must have a residence
or domicile somewhere;
b) When once established it remains
until a new one is acquired; and
c) A man can have but one residence
or domicile at the same time.
The qualifications prescribed are
continuing requirements, that is, they
must be possessed for the entire duration
of the members incumbency.
TERM (SEC. 4)
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.
Term; REASON: they may entrench
themselves in power to the exclusion of
 other aspirants for their office and
perhaps also create or maintain the
political dynasties discouraged and
eschewed.
Same; BEGIN: JUNE 30th or JULY 1st,
without waiting for high noon.
IS THE CONGRESS A CONTINUING
BODY?
SENATE? YES - HOR? NO
General characterization of Congress as
NOT A CONTINUING BODY
The SENATE shall NOT at any time be
completely dissolved.
The continuity of the life of the SENATE is
intended to encourage the maintenance
of its policies as well as guarantee that
there will be experienced members who
can help and train newcomers in the
discharger of their duties.
GR: SENATE has been described as a
CONTINUING BODY OF INSTITUTION.
ETR: In the conduct of its DAY-TO-DAY
BUSINESS, the SENATE of each Congress acts
separately and independently of the Senate
of Congress.
NOT CEASE TO EXIST:
Power to punish for contempt in the
exercise of its power to conduct
inquiries in aid of legislation.
CEASE TO EXIST:
Passage of bills / unpassed bills
Rules of Procedure (republish)
II. The HOUSE OF REPRESENTATIVES
COMPOSITION (SEC. 5(1))
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.
DISTRICT REPRESENTATIVES (SEC.
5(1))
Elected directly and personally, from
territorial unit he is seeking to
represent.
GERRYMANDERING the arrangement
of districts in such a way as to favor
the election of preferred candidates
(re-electionists) through the inclusion,
therein only of those areas where
they expect to win, regardless of the
resultant shape of such districts.
o LEGISLATIVE APPORTIONMENT
JUSTICIABLE QUESTION.
o BASIS: No. of inhabitants of a province or
city and NOT the no. or registered voters.
Rules on Legislative Districting
(SEC. 5(3))
Section 5(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.
13 regions 200 districts in
accordance with the no. of their
respective inhabitants & on the basis
of a uniform and progressive ratio.
INITIAL APPORTIONMENT shall be
subject to adjustment by the
Congress within 3 yrs.
GR: each legislative district shall comprise,
as far as practicable, contiguous, compact,
and adjacent territory
ETR: Article 9(2) IRR LGC of 1991 a
proposed province composed of one or more
islands need NOT comply with the 2,000 sq.
m contiguous territory requirement under the
LGC.
MINIMUM: 250,000
Applies ONLY to cities, NOT provinces.
Re-apportionment of Legislative
Districting (SEC. 5(4))
Section 5(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.
REAPPORTIONMENT each city with a
population off at least 250,000, and
every province, shall have at least 1
representative.
PARTY-LIST REPRESENTATIVES (SEC.
5(2))
 Section 5(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.
Chosen indirectly, through the party
he represents, which is the one voted
for by the electorate
20% of the total membership of the
HoR
Intended to democratize political
power by giving political parties that
CANNOT win in LDE a chance to win
seats in the HoR.
They shall have the same rights and
be subject to the same inhibitions and
disqualifications as the LDR.
Requirements for Political Parties /
ORG / Coalition to participate the P-
LS.
1) NOT later than 90 days before
election day
2) File a verified petition through its
Pres or Sec
3) Attaching copy of its constitution, by
laws, platform, and list of officers
and such relevant information as
may be required by the COMELEC.
4) Petition shall be published in at
least 2 newspaper of general
circulation.
5) After due notice and hearing, be
resolved within 15 days and in no
case later than 60 days before the
election.
6) Upon registration, shall submit to
the COMELEC NOT later than 45
days before the election at least 5
names from which its
representatives may be chosen in
case it obtains the required no. of
votes.
DISQUALIFIED to participate the P-
LS.
1) Religion sects
2) Those who advocate violence or
unlawful means to seek their goal
3) Foreign parties
4) Parties which receive support from
any foreign govt. / political party
5) Those which violate or fail to comply
with laws, rules or regulations
relating to election laws
6) Those who declare untruthful
statements in their petitions.
7) Those which have ceased to exist
for at least 1 yr.
8) Those who failed to participate in
the last 2 preceding elections.
GR: NO CHANGE of names /
ALTERATION of the order of nominees
shall be allowed after the same shall have
been submitted to the COMELEC ETR:
In cases where the:
1. Nominees died; or
2. Withdraws in writing his
nomination; or
3. Becomes incapacitated.
Participants in the P-LS shall be ranked
according to the no. of votes they
received; with those getting at least 2%
of the total votes cast for the system
being entitled to one seat each. NONE of
them shall have more than 3 seats.
2 steps procedure for the determination
of the entitlement of the parties to
additional seats initially entails the
computation:
% of votes garnered by each party-list
candidate
No. of votes cast for party-list
candidates
Thereafter, 2 steps in the 2nd round of
seat allocation
1. (2%) x (remaining available
seats) = N
(2%) x (guaranteed seats of 2%)
=N
2. One party-list seat is assigned to
each of the parties next in rank
until all available seats are
completely distributed.
RA No. 7941
a party-list system of registered
national, regional, and sectoral
parties or organizations or coalitions
thereof, which will enable Filipino
citizens belonging to the
marginalized and underrepresented
sectors, organizations and parties,
and who lack well-defined political
constituencies but who could
contribute to the formulation and
enactment of appropriate legislation
that will benefit the nation as a
whole.
 (Parameters in determining who o Well-defined political
are qualified to participate in constituencies
Party-List election) 1. Professionals 3. Women
2. Elderly 4. Youth
1. National Parties / Orgs
2. Regional Parties / Orgs QUALIFICATIONS (SEC. 6)
3. Sectoral Parties / Orgs
Section 6. No person shall be a Member of
the House of Representatives unless he is a
NATION REGIO SECTORAL natural-born citizen of the Philippines and, on
AL NAL the day of the election, is at least twenty-five
Do NOT need to Principal years of age, able to read and write, and,
organize along advocacy except the party-list representatives, a
sectoral lines pertains to the registered voter in the district in which he
special interest shall be elected, and a resident thereof for a
and concerns of period of not less than one year immediately
their sector. preceding the day of the election.
Do NOT need to Either be
represent any marginalized 1) NATURAL-BORN CITIZEN OF THE PH
marginalized and and 2) AT LEAST 25 YRS OF AGE, ON THE
underrepresented underrepresente DAY OF THE ELECTION
d or lacking in Youth representative shall NOT be
well-defined more than 30 yrs. old but may cont.
political beyond that age until the end of his
constituencies term.
Nominees must be Nominees must Lower than the Senate qualification
bona-fide either belong to relative impulsiveness of the HoR.
members of such their respective 3) ABLE TO READ AND WRITE
parties / orgs. sectors or must 4) A RESIDENT THEREOF FOR A PERIOD
have a track OF NOT LESS THAN 1 YR.
record of IMMEDIATELY PRECEDING THE DAY
advocacy for OF THE ELECTION.
(For District Representative) must be
their respective
sectors. in the DISTRICT and NOT in the
NOT be disqualified if some of their province.
nominees are disqualified, provided PURPOSE: to ensure familiarity with
they have at least 1 nominee who the conditions and problems of the
remains qualified. constituency sought to be represented
and the consequent efficiency and
concern in the discharge of legislative
o Political Parties / Orgs duties on its behalf.
Can participate in the party-list (EXCEPT THE P-LR)
election PROVIDED they register 5) REGISTERED VOTER IN THE DISTRICT
under the party-list system and do IN WHICH HE SHALL BE ELECTED
NOT field candidates in legislative (ADDITION TO P-LR)
6) A BONAFIDE MEMBER OF THE PARTY
district elections.
Field candidate in LDE can still HE SEEKS TO REPRESENT AT LEAST
90 DAYS BEFORE ELECTION DAY.
participate in the P-LE ONLY through
its SECTORAL WING that can
RA NO. 9225 (CITIZENSHIP
separately register under the P-LS.
RETENTION AND REACQUISITION ACT
o Sectoral Wing - an independent
OF 2003)
sectoral party and is linked to a
Natural-born Filipino citizens who have
political party through a coalition.
o Marginalized & been, or intend to be, naturalized in a
foreign country, shall, upon taking the
Underrepresented
1. Labor 5. Urban poor oath of allegiance, be deemed to have
2. Peasant 6. Indigenous cultural reacquired or shall retain, their PH
comm. citizenship.
3. Fisher folk7. Handicapped Those who retain / reacquire PH
4. Veterans 8. Overseas workers citizenship under this Act shall enjoy
full civil and political rights and be
 subject to all attendant liabilities and
responsibilities under existing laws of
the PH and subject to certain
conditions.
TERM (SEC. 7)
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.
PURPOSE: to synchronize elections.
May NOT be re-elected any no. of times
Limited to 3 terms only, or a total of 9
consecutive years.
TERM TENURE
The time during Represents the
which the officer may period during which
claim to hold the the incumbent
office as of right, and actually holds the
fixes the interval office.
after which the
several incumbents
shall succeed one
another.
III. ELECTION / VACANCIES (SEC. 8 & 9)
Section 8. Unless otherwise provided by
law, the regular election of the Senators and
the Members of the House of
Representatives shall be held on the second
Monday of May.
Section 9. 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.
IV. SALARY (SEC. 10)
Section 10. 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.
NO prohibitions against the receipt of
allowances by the members of the
Congress.
PURPOSE: to avoid the recurrence of the
abuses committed by the members of the
old Congress in allotting themselves
fabulous allowances the amounts of
which they refused to divulge to the
people.
REDUCTION of the salaries of the
members of Congress is NOT prohibited
by the Constitution.
V. PARLIAMENTARY IMMUNITIES (SEC.
11)
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.
Privilege from ARREST
Intended to ensure representation of
the constituents of the member of the
Congress by preventing attempts to
keep him from attending its session.
SCOPE: covers the civil arrest and
arrest from criminal offenses
punishable by NOT more than 6 years
of imprisonment.
Applies only while in Congress is in
session refers to the entire period
from its initial convening until its final
adjournment.
Privilege from SPEECH and DEBATE
Enables the legislator to express views
bearing upon the public interest
without fear of accountability outside
the halls of the legislature for his
inability to support his statements
with the usual evidence required in the
court of justice.
2 REQUIREMENTS:
1) The remarks must be made while
the legislature or the legislative
committee is functioning (in
session)
2) They must be made in connection
with the discharge of official duties.
NOT absolute
 The legislator may NOT be questioned
in any other place means that he
may be called to account for his
remarks by his own colleagues in the
Congress itself, and when, warranted,
punished for disorderly behavior
VI. CONFLICT OF INTEREST (SEC. 12)
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.
VII. INCOMPATIBLE and FORBIDDEN
OFFICES (SEC. 13)
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 nor the
emoluments thereof increased during the
term for which he was elected.
EXCEPTION: If it can be shown that the 2nd
office as an extension of the legislative
position or is in aid of legislative duties, the
holding thereof will NOT result in the loss of
the legislators seat in the Congress.
INCOMPATIBLE OFFICE (definition)
1st part of the provision
PURPOSE: to prevent him from owing
loyalty to another branch of the govt,
to the detriment of the independence
of the legislature and the doctrine of
separation of powers.
Prohibition is NOT absolute
SIMULTANEOUS holding of that office
and that seat in the Congress (NOT
allowed)
Any legislature may hold another
office or employment in the govt
provided he forfeits his position in the
Congress.
Forfeiture of the legislators seat, or
cessation of his tenure, shall be
automatic upon the holding of the
incompatible office.
FORBIDDEN OFFICE (definition)
2nd part of the provision
PURPOSE: to prevent trafficking in
public office
Does NOT apply to elective offices,
which are filled by the voters
themselves.
The appointment of the member of the
Congress to the forbidden office is
NOT allowed only during the term for
which he was elected, when such
office was created or its emoluments
were increased.
VIII. INHIBITIONS / DISQUALIFICATIONS
(SEC. 14)
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.
PURPOSE: to prevent legislator exerting
undue influence, deliberately or not, upon
the body where he is appearing.
Lawyer-legislature may still engage in the
practice of his profession EXCEPT that
when it comes to trials and hearings
before the bodies above-mentioned,
appearance may be made NOT by him
but by some other member of his law
office.
Appearance of the legislator is
barred before:
1) Courts of justice (regardless of rank,
composition or jurisdiction)
2) Electoral Tribunals
3) All Administrative bodies (SEC, NLRC)
4) Courts martial and military tribunals
Legislators are prohibited from being
financially interested in any contract
with:
1) The government or any subdivision,
agency, or instrumentality
2) GOCC
 3) In any franchise or special privilege
granted by any of these during their
term of office
because of the influence they can easily
exercise in obtaining theses concessions
Idea is to prevent abuses from being
committed by the members of the
Congress to the prejudice of the public
welfare and particularly of legitimate
contractors with the govt who
otherwise might be placed at a
disadvantageous position vis--vis the
legislator.
IX. SESSIONS (SEC. 15)
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.
KINDS OF SESSION
A. REGULAR SESSION
The congress shall meet and convene
once every year beginning on the 4th
MONDAY OF JULY. UNLESS law fixes a
different date
The session continues for such
duration UNTIL 30 DAYS before
opening the next regular session,
exclusive of SATURDAYS, SUNDAYS,
and LEGAL HOLIDAYS (Mandatory
Recess)
B. SPECIAL SESSIONS
The Congress may be called upon by the
President anytime to consider some
urgent and national concern.
o ART. VII, SEC. 4(4) - When the
Congress meets to canvass the
presidential elections.
o ART. VII, SEC. 10 to call a special
election when both Presidency and
Vice Presidency are vacated
o ART. VII, SEC. 11 when the
president transmit a written of
declaration that he is unable to
discharge the powers and duties of
office
o ART. VII, SEC. 18 when the
president proclaimed a martial law or
suspends the privilege of the writ of
habeas corpus.
X. OFFICERS OF THE CONGRESS (SEC.
16(1))
Section 16(1). 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.
Senate President & Speaker of the
House of Representatives
Are highly political officers whose
continued incumbency will depend upon
the partisan alignments of their
colleagues.
Do NOT have a FIXED term
May be REPLACED at any time at the
pleasure of a MAJORITY OF ALL the
members of their respective chambers.
Officers who are chosen:
1) Senate President and Speaker pro
tempore
2) Majority and minority leaders
3) Chairmen of the various standing and
special committees
4) Secretary and sergeant-at-arms
XI. QUORUM (SEC. 16(2))
Section 16(2). 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.
QUORUM (definition) as any number
sufficient to transact business which may
be less than the majority of the
membership
It is required that the quorum be a
MAJORITY of each house.
XII. RULES; DISCIPLINE OF MEMBERS
(SEC. 16(3))
Section 16(3). 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.
RULES OF PROCEDINGS
Needed for the orderly conduct of
sessions of the Congress. UNLESS such
rules violate fundamental or individual
rights.
 They are within the EXCLUSIVE Conclusive upon the Conclusive on the
DISCRETION of each House to formulate courts as regards the courts when clear
and interpret and may NOT be judicially tenor of the measure and explicit would
reversed. passed by Congress violate both the
and approved by the letter and spirit of
The courts may ANNUL any expulsion or president the organic laws or
suspension of a member that is NOT when regards to
concurred in by at least 2/3 of the entire It is conclusive of its matters that are
body. provisions and its entered into.
PROCEDURAL MATTERS = JUSTICIABLE due enactment.
QUESTION EXCEPT only where
DISORDERLY BEHAVIOR = POLITICAL the matters required
QUESTION to be entered in the
The prerogative of the Congress and journals, like yeas
CANNOT as rule be judicially reviewed. and nays on the final
DISCIPLINARY MEASURES reading of a bill or on
a) Suspension any question at the
b) Expulsion
request of 1/5 of the
c) Deletion of unparliamentary remarks
members present.
from the record
In case of conflict, it Save as to matter
d) Fine
e) Imprisonment and censure prevails over the required by the
journal Constitution to be
XIII. JOURNALS and RECORDS (SEC. 16(4)) enacted in the
journal
Section 16(4). Each House shall keep a
Journal of its proceedings, and from time to
time publish the same, excepting such parts XIV. ADJOURNMENT (SEC. 16(5))
as may, in its judgment, affect national
Section 16(5). Neither House during the
security; and the yeas and nays on any
sessions of the Congress shall, without the
question shall, at the request of one-fifth of
consent of the other, adjourn for more than
the Members present, be entered in the
three days, nor to any other place than that
Journal. Each House shall also keep a Record
in which the two Houses shall be sitting.
of its proceedings.
Constant contact and consultation
JOURNALS (definition)
These are a record of what is done and between the two bodies, it is necessary
that there be prior agreement before
past in a legislative assembly.
Useful for authenticating the proceedings either of them decides to adjourn for
more than 3 days.
and for interpretation of laws through
PLACE refers to the political unit where
study of debates.
Constitution requires that the journal be the two Houses may be sitting
published from time to time EXCEPT to XV. THE ELECTORAL TRIBUNALS (SEC. 17)
such parts may affect the national
security. Section 17. The Senate and the House of
Publication of journals is in line with the Representatives shall each have an Electoral
right to information on matters of public Tribunal which shall be the sole judge of all
concern. contests relating to the election, returns, and
qualifications of their respective Members.
ENROLLED BILL v. JOURNALS Each Electoral Tribunal shall be composed of
nine Members, three of whom shall be
ENROLLED BILL JOURNAL
One which has been Only a resume or the Justices of the Supreme Court to be
duly introduced, minutes of what designated by the Chief Justice, and the
finally passed by transpired during a remaining six shall be Members of the
both houses, signed legislative session. Senate or the House of Representatives, as
by the proper officers the case may be, who shall be chosen on the
of each, approved by basis of proportional representation from the
the president and political parties and the parties or
filed by the secretary organizations registered under the party-list
of state. system represented therein. The senior
 Justice in the Electoral Tribunal shall be its Section 18. There shall be a Commission on
Chairman. Appointments consisting of the President of
the Senate, as ex officio Chairman, twelve
Predominantly legislative in membership, Senators, and twelve Members of the House
they are NOT mere adjuncts of the of Representatives, elected by each House
Congress but they are independent of the on the basis of proportional representation
legislature, and also of the other from the political parties and parties or
departments for that matter. organizations registered under the party-list
Had EXCLUSIVE rights to prescribe its own system represented therein. The chairman of
rules of procedures. the Commission shall not vote, except in
The resolution of electoral contests as case of a tie. The Commission shall act on all
essentially an exercise of judicial power appointments submitted to it within thirty
although not courts of law, they are session days of the Congress from their
nonetheless, empowered to resolve submission. The Commission shall rule by a
election contests which involve, in majority vote of all the Members.
essence, an exercise of judicial power,
because of the explicit constitutional Additional rule: requirement that all
empowerment. appointees submitted to the Commission
must be acted upon within 30 SESSION
GR: Decisions rendered by the Electoral DAYS from their submission.
Tribunals in the contests are NOT appealable AD INTERIM APPOINTMENTS
to the SC. NOT acted upon at the time of the
adjournment of the Congress, even if the
ETR: in cases where there is a clear
30-day period has NOT yet expired, are
showing of grave abuse of discretion via
deemed BY-PASSED under Art. VII, SEC 16.
petition for certiorari.
- Appointments during recess, subject to
COMPOSITION
consideration later by the consideration
9 members
later by the Commission, for confirmation
Chairman = Senior Justice
3 justices of the SC (designated by the or rejection.
- shall be effective only until disapproval
Chief Justice)
by the Commission on Appointments or
6 members of the senate or HoR
until next adjournment of the session.
(chosen on the basis of proportional
representation from the political COMPOSITION
parties and the parties registered Senate President EX OFFICIO
under the P-LS represented therein CHAIRMAN
12 Senators & 12 Members of HoR -
JURISIDCTION
elected by each House on the basis of
ELECTORAL COMELEC proportional representation from the
TRIBUNAL political parties and parties or
Jurisdiction begins UNLESS a petition is organizations registered under the
only after the duly filed with the party-list system represented.
candidate is said tribunal. CHAIRMAN shall NOT vote EXCEPT in
considered a Member case of TIE.
of the Congress POWER
REQUISITES to be Who have not been ORGANIZATION (SEC. 19)
considered a proclaimed as
Section 19. The Electoral Tribunals and the
member: winners
Commission on Appointments shall be
1) Valid
constituted within thirty days after the
proclamation
Senate and the House of Representatives
2) Proper oath
3) Assumption of shall have been organized with the election
office of the President and the Speaker. The
Commission on Appointments shall meet
only while the Congress is in session, at the
XVI. THE COMMISION ON APPOINTMENTS call of its Chairman or a majority of all its
(SEC. 18) Members, to discharge such powers and
functions as are herein conferred upon it.
 Based on the need to enable the
President to exercise his appointing power
with dispatch in coordination with the
Commission on Appointments.
 POWERS OF THE CONGRESS
I. LEGISLATIVE POWER IN GENERAL
(SEC. 1)
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.
LEGISLATIVE POWER (definition)
The power of lawmaking, the framing and
enactment of laws
Essentially the authority of the
government to enact laws. Repeal, or
amend them as well.
a. NATURE OF POWER
POWERS OF CONGRESS
Expressly conferred by the Constitution.
From such express powers may be
derived some IMPLIED POWERS (authority
enjoyed by legislature to effectively
exercise its constitutionality granted
power. E.g.: power to conduct
investigation in aid of legislation)
Congress may also possesses INHERENT
POWERS (E.g.: determine the rules of its
proceedings and the discipline of its
members)
SAME; CLASSIFICATIONS
GENERAL LEGISLATIVE POWER
Usually UNDEFINED by the
Constitution.
Refers to the OVERALL authority to
enact laws for the people and the
State, UNLESS the Constitution itself
limits the subject matter on which it
may legislate.
SPECIFIC LEGISLATIVE POWER
MANDATED by the Constitution
1) LEGISLATIVE
a) APPROPRIATION
b) TAXATION
c) EXPROPRIATION
2) NON-LEGISLATIVE
a) POWER TO CANVASS the
Presidential election
b) To DECLARE the existence of a
STATE OF WAR
c) To GIVE CONCURRENCE to
TREATIES & AMNESTIES
d) To PROPOSE CONSTITUTIONAL
AMENDMENTS
e) To IMPEACH
b. WHO MAY EXERCISE LEGISLATIVE
POWER?
1) CONGRESS
Consists of BICAMERAL structure
o SENATE
o HOUSE of REPRESENTATIVES
2) PEOPLE
Through INITIATIVE & REFERENDUM
Can directly propose and enact laws,
and approve or reject any act or law or
part thereof.
3) REGIONAL / LOCAL LEGISLATIVE
ASSEMBLIES
4) PRESIDENT (NOT under 1987)
1973 PH Constitution
Can exercise legislative power
through PRESIDENTIAL DECREES
E.g.: MARTIAL LAW & STATE OF
EMERGENCY
c. LIMITATIONS ON LEGISLATIVE POWER
i. SUBSTANTIVE LIMITATIONS
May be classified into:
1) IMPLIED LIMITATIONS
Do NOT arise from the any specific
limitations of the constitution but are
INFERRED from the NATURE OF GOVT
established by FUNDAMENTAL LAW or
from the PRINCIPLE OF SEPERATION OF
POWERS
E.g.:
o Legislature may NOT pass laws
enforceable beyond the territorial
limits of the PH;
o Legislature may NOT pass
irrepealable laws
o Executive-Legislative departments
may NOT unduly encroach into the
powers of the judiciary.
2) SPECIFIC LIMITATIONS upon GENERAL
POWERS
Found mainly in the BILL OF RIGHTS
(ART 3) designed to safeguard the
individuals against oppressive acts of
the government.
E.g.:
o No laws that amount to bills of
attainder or ex post facto law.
Art. 3, Section 22. No ex post facto
law or bill of attainder shall be
enacted.
o No class legislation
o No laws that impair obligations of
contracts and basic freedoms
 3) SPECIFIC LIMITATIONS upon SPECIFIC
POWERS
Of the Legislature are scattered in
DIFFERENT PROVISIONS of the
Constitution.
E.g.:
o POWER OF TAXATION RULE: shall
be uniform and equitable and the
Congress is mandated to evolve a
progressive system of taxation. So
also, a bill granting TAX
EXEMPTION.
o SPECIFIC POWER TO APPROPRIATE
PUBLIC FUNDS specific
limitations that NO money shall
be appropriated or applied for
sectarian purposes
o The shall be NO law granting title
of royalty or nobility
o NO law shall be passed increasing
appellate jurisdiction of the SC
without its advice or concurrence.
ii. PROCEDURAL LIMITATIONS
Formal limitations refer to the procedural
requirement on the passage of a bill.
ART VI, SEC 24
Section 24. 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.
ART VI, SEC 26
Section 26. (1) Every bill passed by the
Congress shall embrace only one subject
which shall be expressed in the title thereof.
(2) 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.
ART VI, SEC 27
Section 27. (1) 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.
(2) 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.
d. PROHIBITED MEASURES
Certain measures that may NOT be
passed by the Congress owing to the
nature of our government.
E.g.: ex post facto law, bill of attainder,
laws impairing the obligation of contracts
ART VI, SEC 30
Section 30. No law shall be passed
increasing the appellate jurisdiction of the
Supreme Court as provided in this
Constitution without its advice and
concurrence.
o PURPOSE
To prevent further additions to the
present tremendous case load of the SC
which includes the backlog of the past
two decades.
ART VI, SEC 31
Section 31. No law granting a title of
royalty or nobility shall be enacted.
o PURPOSE
To preserve the republican and
democratic nature of our society by
prohibiting the creation of privileged
classes with special perquisites not
available to the rest of citizenry.
e. PROCEDURE IN THE PASSAGE OF President certifies to the necessity of its
BILLS immediate enactment to meet a public
i. ORIGIN OF THE BILLS (SEC 24) calamity or emergency. Upon the last
reading of a bill, no amendment thereto shall
Section 24. All appropriation, revenue or
be allowed, and the vote thereon shall be
tariff bills, bills authorizing increase of the
taken immediately thereafter, and the yeas
public debt, bills of local application, and
and nays entered in the Journal.
private bills, shall originate exclusively in the
House of Representatives, but the Senate iv. CONFERENCE COMMITTEE
may propose or concur with amendments. v. APPROVAL OF BILLS (SEC 27)
3 METHODS
GR: THE FF BILLS SHALL ORIGINATE VETO POWER (SEC 27)
EXCLUSIVELY in the HOUSE OF o GENERAL VETO v ITEM
REPRESENTATIVES: VETO
POWER OF CONGRESSIONAL
1) APPROPRIATION BILLS
OVERSIGHT
One of the primary and specific purpose
o 3 CATEGORIES OF
of which is to authorize the release of
OVERSIGHT POWERS OF
funds from the public treasury
CONGRESS
2) REVENUE BILLS
o LEGISLATIVE VETO
One that levies taxes and raises funds for
the government
3) TARIFF BILLS II. THE POWER OF LEGISLATIVE INQUIRY
Specifies the rates or duties to be (SEC. 21)
imposed on imported articles a. LIMITATIONS
4) BILLS AUTHORIZING INCREASE OF IN AID OF LEGISLATION
PUBLIC DEBT IN ACCORDANCE WITH DULY
Illustrated by one floating bonds for PUBLISHED RULES OF PROCEDURE
public subscription redeemable after a RIGHTS OF WITNESSES MUST BE
certain a period. RESPECTED
5) BILL OF LOCAL APPLICATION
One involving purely local or municipal
matters (E.g.: Charter in a City)
6) PRIVATE BILL III. APPEARANCE OF DEPARTMENT
Illustrated by a bill granting honorary HEADS (SEC. 22)
citizenship to distinguished foreigner. a. PURPOSE
b. SECTION 21 v SECTION 22
ETR: The SENATE MAY PROPOSE OR
CONCUR WITH AMENDMENTS TO THE BILLS
INITIATED BY HOR IV. THE WAR POWERS (SEC. 23[1])
ii. TITLE OF THE BILLS (SEC 26[1])

Section 26. (1) Every bill passed by the V. THE EMERGENCY POWERS (SEC.
Congress shall embrace only one subject 23[2])
which shall be expressed in the title thereof. a. ARTICLE VI, SEC. 23(2) compared to
ARTICLE XII, SEC. 17
PURPOSE
1) To prevent hodgepodge or log-rolling
legislation
2) To prevent surprise or fraud upon the VI. THE POWER OF APPROPRIATION
legislature (SEC. 29 [1])
3) To fairly apprise the people a. APPROPRIATION (defined)
b. IMPLIED LIMITATIONS
iii. FORMALITIES (SEC 26[2]) c. CONSTITUTIONAL LIMITATIONS
i. ON GENERAL APPROPRIATIONS
Section 26. (2) No bill passed by either SEC 25 (1)
House shall become a law unless it has SEC 25 (2)
passed three readings on separate days, and SEC 25 (3)
printed copies thereof in its final form have ii. ON SPECIAL APPROPRIATIONS
been distributed to its Members three days SEC 25 [4]
before its passage, except when the iii. DISCRETIONARY FUNDS (SEC 25[6])
 d. TRANSFER OF APPRORPRIATIONS ii. EQUITABLE TAXATION
(SEC 25[5]) iii. PROGRESSIVE SYSTEM OF TAXATION
i. LIMITATIONS b. TAX EXEMPTIONS
ii. SAVINGS (defined) SEC 28 (3)
iii. CONSTITUTIONALITY OF PRIORITY SEC 28 (4)
DEVELOPMENT ASSISTANCE FUND
(PDAF)
iv. CONSTITUTIONALITY OF
VIII. THE POWER OF CONCURRENCE
DISBURSEMENT ACCELERATION
ART VII, SEC 19
PROGRAM (DAP)
ART VII, SEC 21
e. AUTOMATIC REAPPROPRIATION (SEC
25 [7])
f. APPROPRIATIONS FOR SECTARIAN
PURPOSES (SEC. 29 [2]) IX. REFERENDUM & INITIATIVE (SEC 32)
g. SPECIAL FUNDS a. ART VI, SEC 1
b. DEFINITIONS:
i. INITIATIVE
ii. REFERENDUM
VII. THE POWER OF TAXATION (SEC. 28 c. KINDS OF INITIATIVE
[1]) d. KINDS OF REFERENDUM
a. DEFINITIONS: e. RA 6735
i. UNIFORM TAXATION