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Sec. 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.
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.
Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER or LAW EXECUTION. This
involves either of two tasks for the administrative agencies:
1. “Filling up the details” on an otherwise complete statute; or
2. Ascertaining the facts necessary to bring a “contingent” law or provision into actual operation.
Sections 2-4. SENATE
Composition
24 senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.
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:
6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their election.
Term Limitations:
1. No Senator shall serve for more than 2 consecutive terms.
2. Voluntary renunciation of 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.
Sections 5-7. HOUSE OF REPRESENTATIVES
Composition:
1. Not more than 25 members, unless otherwise fixed by law; and
2. Party-list Representative
Election of 250 members
1. They shall be elected from legislative districts apportioned among the provinces, cities and the
Metropolitan Manila area.
2. Legislative districts are apportioned in accordance with the number of inhabitants of each area and on the
basis of a uniform and progressive ratio.
1. Each district shall comprise, as far as practicable, contiguous, compact and adjacent territory;
2. Each city with at least 250,000 inhabitants will be entitled to at least one representative.
3. Each province will have at least one representative.
4. Legislative districts shall be re-apportioned by Congress within 3 years after the return of each
census. According to Jack, however, while the apportionment of districts is NOT a political question, the
judiciary CANNOT compel Congress to do this.
5. The standards used to determine the apportionment of legislative districts is meant to prevent
‘gerrymandering’, which is the formation of a legislative district out of separate territories so as to favor a
particular candidate or party.
Qualifications
1. Natural born citizen of the Philippines;
2. At least 25 years old on the day of the election;
3. Able to read and write;
4. Registered voter in the district he seeks to represent; and
5. A resident of such district for at least one year immediately preceding the day of the election.
Term of Office
1. Each member of the House shall be elected for a term of three (3) years which shall commence (unless
otherwise provided for by law) at noon on 30 June next following their election.
2. Voluntary renunciation of 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.
Term Limitations
No member of the House of Representatives shall serve for more than three (3) consecutive terms.
Salaries of Senators and Members of the House of Representatives shall be determined by law.
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.’
(i) Protection is only against forum other than Congress itself. Thus for inflammatory remarks which are
otherwise privileged, a member may be sanctioned by either the Senate or the House as the case may be.
(ii) The ‘speech or debate’ must be made in performance of their duties as members of Congress. This
includes speeches delivered, statements made, votes cast, as well as bills introduced, and other activities done in
performance of their official duties.
(iii) Congress need NOT be in session when the utterance is made, as long as it forms part of ‘legislative
action,’ i.e. part of the deliberative and communicative process used to participate in legislative proceedings in
consideration of proposed legislation or with respect to other matters with Congress’ jurisdiction.
Sec. 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.
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
By a majority vote of all respective members.
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.) An ‘election contest’ is one where a defeated candidate challenges the qualification and claims for himself the
seat of a proclaimed winner.
3.) In the absence of an election contest, the ET is without jurisdiction. However, the power of each House to
expel its own members or even to defer their oath-taking until their qualifications are determined may still be
exercised even without an election contest.
1.) Since the ET’s are independent constitutional bodies, independent even of the House from which the
members are respectively taken, neither Congress nor the Courts may interfere with procedural matters relating to
the functions of the ET’s, such as the setting of deadlines or filing their election contests with the respective ETs.
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.
Note: The 12 Senators and 12 Representatives are elected on the basis of proportional representation from the
political parties and party-list organizations.
Voting/Action
2.) The CA shall act on all appointments within 30 session days from their submission to Congress.
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:
1. Heads of the Executive Departments (except if it is the Vice-President who is appointed to the post).
2. Ambassadors, other public ministers or consuls.
3. Officers of the AFP from the rank of Colonel or Naval Captain: and
4. Other officers whose appointments are vested in him by the Constitution (e.g. COMELEC members).
2.) Congress CANNOT by law prescribe that the appointment of a person to an office created by such law shall be
subject to confirmation by the CA.
3.) Appointments extended by the President to the above-mentioned positions while Congress is not in session
shall only be effective until disapproval by the CA or until the next adjournment of Congress.
Meetings of the CA
2.) Meetings are held either at the call of the Chairman or a majority of all its members.
3.) Since the CA is also an independent constitutional body, its rules of procedure are also outside the scope of
congressional powers as well as that of the judiciary.
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
A bill of local application, such as one asking for the conversion of a municipality into a city, is deemed to have
originated from the House provided that the bill of the House was filed prior to the filing of the bill in the Senate
even if, in the end, the Senate approved its own version.
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.
It should be passed with the concurrence of a MAJORITY of ALL the members of Congress.
i. As a mandatory requirement
ii. The title does not have to be a complete catalogue of everything stated in the bill. It is sufficient if the title
expresses the general subject of the bill and all the provisions of the statute are germane to that general subject.
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
5) The due process and equal protection clauses of the Constitution should be observed.
a) Tariff rates
2) The exercise of such power by the President shall be within the specified limits fixed by Congress and subject
to such limitations and restrictions as it may impose.
a) Charitable institutions
c) Mosques
e) All lands, buildings and improvements actually, directly and exclusively used for religious, charitable, or
educational purposes.
2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions are exempt from taxes and
duties PROVIDED that such revenues and assets are actually, directly and exclusively used for educational
purposes. (Art. XIV Sec 4 (3))
3) Grants, endowments, donations or contributions used actually, directly and exclusively for educational
purposes shall be exempt from tax. This is subject to conditions prescribed by law. (Art. XIV. Sec 4 (4))
Section 29. Power of the Purse
1) No money shall be paid out of the National Treasury EXCEPT in pursuance of an appropriation made by law.
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.
(ii) Any priest, preacher, minister, or other religious teacher or dignitary as such.
– government orphanage; or
– leprosarium
c) BUT the government is not prohibited from appropriating money for a valid secular purpose, even if it
incidentally benefits a religion, e.g. appropriations for a national police force is valid even if the police also protects
the safety of clergymen.
d) ALSO, the temporary use of public property for religious purposes is valid, as long as the property is available
for all religions
3) Special Funds
a) Money collected on a tax levied for a special purpose shall be treated as a special fund and paid out for such
purpose only.
b) Once the special purpose is fulfilled or abandoned, any balance shall be transferred to the general funds of
the Government
2) Required Petition