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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.
Provided that these two limitations are not exceeded, Congress’ legislative
power is plenary.
Qualifications
1. Natural-born citizen;
2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter; and
5. 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.
Term of Office:
No member of the House of Representatives shall serve for more than three
(3) consecutive terms.
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.’
2.) 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.
Special Sessions:
3.) Each House may choose such other officers as it may deem necessary.
Election of Officers
Quorum to do business:
1. Majority of each House shall constitute a quorum.
2. A smaller number may adjourn from day to day and may compel the
attendance of absent members.
3. In computing a quorum, members who are outside the country and
thus outside of each House’s coercive jurisdiction are not included.
Internal Rules:
1. Each House shall determine its own procedural rules.
2. 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.
3. Also, since Congress has the power to make these rules, it also has the
power to ignore them when circumstances so require.
Discipline:
1.) Suspension
2.) Expulsion
2.) BUT an enrolled bill prevails over the contents of the Journal.
3.) 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.
Adjournments:
1.) Neither House can adjourn for more than 3 days during the time
Congress is in session without the consent of the other House.
2.) Neither can they adjourn to any other place than that where the two
houses are sitting, without the consent of the other.
Note: The congressional members of the ET’s shall be chosen on the basis
of proportional representation from the political parties and party-list
organizations.
Jurisdiction:
1.) 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.
2.) 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.
3.) 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.
4.) 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.
Voting/Action
3.) The Commission shall rule by a majority vote of all the Members.
Jurisdiction
1.) CA shall confirm the appointments by the President with respect to the
following positions:
Meetings of the CA
2.) Meetings are held either at the call of the Chairman or a majority of all
its members.
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.
Appropriation bills
1. The primary and specific aim of an appropriation bill is to appropriate a
sum of money from the public treasury.
1. Thus, a bill enacting the budget is an appropriations bill.
1. BUT: A bill creating a new office, and appropriating funds therefor is
NOT an appropriation bill.
Revenue Bill
1. A revenue bill is one specifically designed to raise money or revenue
through imposition or levy.
1. 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.
Bills of local application
Limitations:
1. For appropriation bills:
1. Congress cannot increase the appropriations recommended by the
President for the operation of the Government as specified in the
budget.
1. 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.
1. The procedure in approving appropriations for Congress shall strictly
follow the procedure for approving appropriations for other departments
and agencies.
1. 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.
1. Transfer of appropriations:
1. Rule: No law shall be passed authorizing any transfer of appropriations
2. 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
– President
ii. It will remain in full force and effect until the GAB is passed by Congress.
i. As a mandatory requirement
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. Readings
1. In order to become a law, each bill must pass three (3) readings in both
Houses.
2. 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.
3. 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.
4. First reading – only the title is read; the bill is passed to the proper
committee
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.
1. 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.
1. Item veto
1. The President may veto particular items in an appropriation, revenue
or tariff bill.
1. This veto will not affect items to which he does not object.
1. Definition of item
TYPE OF BILL ITEM
1. Revenue/tax bill Subject of the tax and the tax rate imposed
thereon
1. Veto of RIDER
1. A rider is a provision which does not relate to a particular appropriation
stated in the bill.
2. Since it is an invalid provision under Section 25(2), the President may
veto it as an item.
Specific limitations on legislation
1. No law shall be enacted increasing the Supreme Court’s appellate
jurisdiction without the SC’s advice and concurrence.
1. No law shall be enacted granting titles of royalty or nobility.
Section 28. POWER TO TAX
Limitations:
2) It should be EQUITABLE
4) The power to tax must be exercised for a public purpose because the
power exists for the general welfare
a) Tariff rates
a) Charitable institutions
c) Mosques
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) Limitations.
– government orphanage; or
– leprosarium
3) Special Funds
2) Required Petition