The New Constitution:
 Revived Congress of the Philippines which was
replaced during the Marcos regime with the
Batasang Pambansa.
 The new Congress returned to a bicameralism
after the unicameralism which was established
by the 1973 Constitution, 1935 Constitution,
Malolos Congress and Taft Commission.
THE SENATE
I. COMPOSITION
 Composed of 24 senators who shall be elected
at large by qualified voters.
 Intends to make Senate a training ground for
national leaders and possibly to the Presidency.
II. QUALIFICATIONS
1. Natural-born citizens of the Phil.
CO v. ELECTORAL TRIBUNAL OF THE HOR. Section 2 of
Art. 4 corrects the unfair position which discriminates
against Filipno women under the 1935 Constitution.
Being a curative law, it has a retroactive effect.
Although the provision requires Co to elect Filipino
citizenship upon reaching the age of majority, he could
not have divined when he came of age that in 1973 and
1987 Constitution, the Constitution would be amended
to require him to have filed a sworn statement in
1969(year of age of majority) electing citizenship in
spite of his already having been a citizen since 1957.
2. At least 35 years old on the day of election
ESPINOSA v. AQUINO. Late Sen. Benigno Aquino, Jr. was
less than 35 years old on the day of election but
celebrated his proclamation as one of the winners.
Thus, inconsistent with the provisions in Sec. 3 of Art. 6.
3. Able to read and write
4. Registered voter
5. Resident of the Phil for not less than 2 years
immediately preceding the day of election
 Where one habitually resides (not
dwelling or habitation but domicile or
Modifications made in the Congress:
 Legislative power is not exclusively vested in the
Congress, in view of the reservation made
regarding initiative and referendum.
 Discharge of powers of a non-legislative nature:
a. canvass of presidential elections
b. declaration of the existence of a
state of war
c. the confirmation of amnesties
d. presidential appointments and
impeachment
e. amendment/revision of the
Constitution
legal residence which is the place where
he intends to return and remain)
 It is a question of intention and
circumstance
 To change residency, he must show a
clear and positive proof as to the
intention of abandoning the former
place of residence and establishing a
new one, and a definite acts which
correspond with the purpose
NOBLE CASE. Voting gives rise to a strong presumption
of residence, it is not a conclusive evidence thereof. And
that other pieces of evidence, however convincing,
would not be sufficient to establish residency.
LIMBONA v. COMELEC. Candidate is presumed to have
changed her domicile upon her marriage, or by
operation of law, consistent with the provisions of Art.
68 and 69 of the FC.
MITRA v. COMELEC. Residence qualification purpose is
to prevent strangers unacquainted with the conditions
and needs of a community from seeking elective offices
in that community. Officials must know their
constituencies and the unique circumstances of their
constituents.
MAQUILING v. COMELEC. A candidate who continues in
using his American passport, is to be considered as
having recanted his oath of renunciation of his foreign
citizenship and shall therefore be ineligible to run for
elective office as he thereby reverts to his status as a
dual citizen (a continuing requirement).
SOCIAL JUSTICE SOCIETY v. DANGEROUS DRUGS
BOARD. Sec. 36(g) of RA 9165 which required all
candidates for public office, whether appointed or
elected, both in national or local government, to
undergo a mandatory drug test was declared by the SC
unconstitutional (an exclusive requirements).
III. TERM
 It shall be six (6) years.
 No senator shall serve for more than 2
consecutive terms.
 Voluntary renunciation shall not be
considered as an interruption in the
continuity of his service for the full term
for which he was elected.
 Accordingly, all pending matters and
proceedings, i.e., unpassed bills and even
legislative investigations, of the Senate are
considered terminated upon expiration of that
Congress and it is merely optional on the
THE HOUSE OF REPRESENTATIVES
I. COMPOSITION
 Consist of 2 kinds of members:
 District Representative. Elected directly
and personally, from the territorial unit
he is seeking to represent.
 Party-list representative. Chosen
indirectly, through the party he
represents, which is the one voted for
by the electorate.
 Composed of not more than 250 members
 Apportioned among the provinces,
cities and the Metropolitan Manila area
in accordance with the number of their
respective inhabitants.
 Elected through a party-list system of
registered national, regional and
sectoral parties or organizations.
II. DISTRICT REPRESENTATIVES
 Each city with a population of at least 250,000
and every province, shall have at least 1
representative.
Senate of the succeeding Congress to take up
such unfinished matters, not in the same
status, but as if presented for the first time.
LEGUE OF CITIES OF THE PHILIPPINES v. COMELEC. It
was ruled that the “unapproved cityhood bills filed
during the 11th Congress became mere scraps of paper
upon the adjournment of the 11th Congress.”
Deliberations on unapproved bills do not even qualify as
extrinsic aids in construing laws passed by subsequent
Congresses.
ARNAULT v. NAZARENO. Power to punish contempt in
the exercise of its power to conduct inquiries in aid of
legislation does not cease to exist upon the periodical
dissolution of the Congress or of the HOR, because the
Senate is, for said purpose or in connection with said
power, to be considered a “continuing body.”
NERI v. SENATE COMMITTEE ON ACCOUNTABILITY OF
PUBLIC OFFICERS AND INVESTIGATIONS. The present
Senate under 1987 Constitution is no longer a
continuing legislative body because less than majority of
the Senators continue into the next Congress.
 Gerrymandering is the arrangement of districts
in such a way as to favour the election of
preferred candidates through the inclusion
therein only of those areas where they expect
to win.
ALDABA v. COMELEC. SC nullified a law which created a
legislative district for Malolos City. It contravenes the
requirement in Sec. 5(3), Art. 6 that each legislative
district shall comprise, as far as practicable, contiguous,
compact and adjacent territory.
NAVARRO v. ERMITA. SC, in upholding the
constitutionality of an exception specified in LGC of
1991, ruled that a proposed province with two or more
islands need not comply with the 2000 sq. m.
contiguous territory requirement.
MACIAS v. COMELEC. Validity of a legislative
apportionment measures is a justiciable question.
 Power to create legislative district belongs to
Congress only.
HERERRA v. COMELEC. Basis for districting is the
number of inhabitants of a province or a city and not
the number of its registered voters.
MARIANO v. COMELEC. Any province that may
hereafter be created, or any city whose population may
hereafter increase to more than 250,000 shall be
entitled in the immediately following election to at least
1 Member or such number of Members as it may be
entitled to on the basis of the number of its inhabitants
and according to the standards set forth in par. 3 sec. 5
of Art. 6 of the Constitution.
TOBIAS v. ABALOS. The conversion of Mandaluyong
into a highly urbanized city automatically resulted in its
establishment as a legislative and plebiscite was
necessary for the validity of said conversion (Sec.10
Art.10).
 No plebiscite is needed where no new territory
or no change in an existing territory is made
under a law, and only a reapportionment or the
creation of an additional legislative district is
done.
ALDABA v. COMELEC. A law creating a legislative district
was annulled after finding that it was based on mere
demographic projections.
III. THE PARTY-LIST REPRESENTATIVES
 Shall constitute 20% of the total membership of
the body.
 RA NO. 7941 sets the rules for selection of the
party-list representatives.
ATONG PAGLAUM INC. v. COMELEC. Party-list system
provides for three different groups:
a. National parties or organizations
b. Regional parties or organizations
c. Sectoral parties or organizations
 Marginalized and underrepresented
 Lacking in well-defined political
constituencies
 Disqualified sectors:
Religious sects, foreign parties, parties
receive support from any foreign gov’t.,
those which have ceased to exist for at least
1 year, those who failed to participate in
the last 2 preceding elections and failure to
obtain at least 2% of votes cast under the
party list system in the 2 preceding
elections
ALAUYA v. LIMBONA. A judge is ineligible to file his COC
as a party-list representative without first resigning.
SENERES v. COMELEC. Submission of a nomination list
by the President of a party, who is concurrently LRTA
Administrator, without doing more, is not
electioneering or partisan political activity (hold-over
doctrine).
LOKIN v. COMELEC. SC annulled an additional ground
allowed by the COMELEC for the substitution by a
registered party of its nominees. It stressed that Sec. 8
of RA 7941 enumerates only 3 instances in which the
party-list organization can substitute another person in
place of the nominee whose name has been submitted
to the COMELEC.
A. VOTING SYSTEM
 Every voter shall be entitled to 2 votes: 1 for
legislative district and 1 for the party.
 Garnering 2% of the total votes in the party-list
elections guarantees a party-list organization 1
seat.
 Remaining seats after allocation of guaranteed
seats. The additional seats shall be allocated
according to the two-step procedure.
 None of them shall have more than 3 seats
each.
ABAYAN v. HRET. It is the party-list representatives who
are ‘elected’ into office, not their parties. Once elected,
both the district representatives and the party-list
representatives are treated in like manner.
IV. QUALIFICATIONS
1. Natural-born citizen of the Philippines
2. 25 years of age on the day of election (for youth
sector, must not be more than 30 years old)
3. Able to read and write
4. For legislative district representative, a registered
voter in the district in which he shall be elected
5. Resident of not less than 1 year immediately
preceding the day of election (for the district
representatives, residency must be in the district, not
in the province comprising the district)
6. For party-list representative, a bona fide member of
the party he seeks to represent at least 90 days
before election day
7. A nominee who changes his sectoral affiliation within
the same party will only be eligible for nomination
 under the new sectoral affiliation if the change has
been effected at least 6 months before the elections.

BRILLANTE v. REYES. Protestee has established her

residence in Makati despite the fact that she registered as
a voter in Manila for the purposes of plebiscite, she did
not abandon her residence which manifested in her
intention to maintain her house, conduct her business,
religious and civil obligations in Makati.

V. TERM
 Shall be elected for a term of three (3) years and
no member of the HOR shall serve for more
than three (3) consecutive terms
CASES:

GR No. 137478 : HOR

GR No. 161872: Nuisance