CHAPTER IX At the end of this chapter, you are expected to be able to: a. identify and explain the powers of the Congress; and b. describe the law-making process. The Congress plays an important role in the Philippine political system. The Congress tontrols major decisions on measures to help solve substantive problems, national budget, taxes, trade policy and even appointees to cabinet posts which are all crucial to the workings of our republican government. The principal function of the Congress is lawmaking, that is, the enactment of laws serving as binding rules for all Filipinos. However, the Constitution also grants certain non-legislative functions to the Congress such the power to declare the existence of war, the power to remove the President and other high officials though impeachment etc. Starter [X = IUf Philippine Government and Constitution CLASSIFICATIONS OF THE POWERS OF CONGRESS se that are specifically grantey ys as necessary and proper, inherent in the Congress We can classify the powers of the Congress into thos under the Constitution, those which the Congress enjo) ‘ the exercise of those expressly granted and, those that are a. Enumerated Powers. Enumerated powers refer to those pectfcally o expressly conferred to the Congress by the Constitution. Tt “ eee powers of the Congress includes the power to impose taxes, the power of appropriations, declare the existence of state of war, power to meet as board of canvassers in the election of President and Vice President, the power of impeachment, the power to propose amendments to the Constitution among many others. b. Implied Powers. Implied powers refer to such other powers as are necessarily implied from the given powers (Government of the Philippine Island vs, Springer, 50 Phil. 259 [1927]). This includes the power to punish witness: for contempt in the conduct of legislative investigation and oversight, to ‘ elect such the formal leadership of both Houses, to determine the rules of is proceedings, etc. c. Inherent Powers. Inherent powers are those that are neither granted nor implied therefrom, but rather they refer to those that grow out from the very existence of Congress. It is sometimes referred to as incidental powers the Congress enjoys. This includes the three fundamental powers of the State, which are primarily exercised by the Congress such as the police power, power of eminent domain, and power to taxation. GENERAL LEGISLATIVE POWERS The general legislative powers of the Congress refer to its | it he 4 lawmaking powers: Specifically, these refer to the authority of the Congress to enact. These powers cam) this power of the Congress is plenary, subject onhva tthe pi : the Constitutions. However, it must be noted that ya thee lititations rove oe it demonstrates the system of checks and balances through the ens oe President inthe lawmaking process. Under the Constitution, kes PatO® by the Senate and House becomes a law, it shall be preceresr so ee his approval. Laws passed by the Congres are called stator gegen fon at understanding of the lawmaking powers of the Congress 1 'es or Republic Act e limitations and the elaborate process of how laws are imadenee knowledge on 92 astern JX= A. Limitations Although it would appear from the grant of pl that th c . e grant of plenary power that the the suerk crag Powers, like the boundaries of the ocean, are unlimited, limitations. She ivf has however, to make laws is subject to certain : lowing are the limitati z ofthe legislature, 8 ations on the law-making powers 1. Substantive limitations. These refer to the content or subject Matter of the low passed by the Congress. a. Express limitations. These are limitations that are expressly provided under the Constitutions like the provision in the bill of rights on non-passage of laws abridging the freedom of speech, of expression, or of the press, non-impairment of obligators and contract, non-passage of ex post facto law and bill of attainder. b. Implied limitations. Those that can be implied from the nature and character of a legislative power under our system of government such as the passage of irrepealable laws and the non-delegation of legislative power. However, delegation of legislative powers are permissible in five instances: 1) delegation of emergency powers to the President; 2) delegation of tariff powers to the President; 3) delegation of administrative bodies; 4) delegation to local government unit; and 5) delegation directly to the people. 2. Procedural limitations. These refer to the process or manner of passing law. The following are the procedural limitations provided under the Constitution. a. Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. The purpose of the constitutional directive that the subject of a bill should be embraced in its title is to apprise the legislators of the purposes, the nature and scope of its provisions, and prevent the enactment into law of matters, which have not received the notice, action, and study of the legislators or of the public (Ichong vs. Hemandez, G.R. No. L-7995 [May 31, 1957). Starrer [X 93p Philppine Governmant and Constitation : hall become a law Unley, i by either House sl : m Ng bil pa ee readings on separate and pins < in its final for bees buted copies thereof is oe oye its passage, except WHEN the Members three : ass Oe President certifies to the necessity of i. immediate enactmen, to meet a public calamity or emerBen y. B. Lawmaking Process The basic procedure in enacting laws is not provided under the Constitution in detail. The particular procedure a adopted by on Congress is quite similar to those observed in the U Congress and a same time the result of parliamentary usage and custom. following are the basic steps in the process of law making. 1. Origin of Bills. The first step in lawmaking process is the creation ee in of a bill. A bill is a draft of a proposed statute or law submitted to the legislature for enactment. A bill is introduced by a member of the House of Representatives or Senate except to those which the Constitution requires exclusively in the Senate. Only members of the Senate and House can formally submit a bill for consideration in their respective chambers. Althoug it is usually the Senators and Congressman who draft a bill, the President and other interest groups also initiate preparation & bills to be endorsed by a member of Congress. Under the Constitution, all appropriations, revenue or tari bills, bills authorizing increase in public debt, bills of loca) application and private bills shall originate exclusively in jouse of Representatives, but the Senate propose with amendments, ma, on 2. Parts of a Bill. A bill passed by Members of res: i : | Ce stains the following parts: 1) Title; 2) Preamble; 3) Enacting cleuber ‘a Body of the Statute; and 5) Effectivity clause. i! i The title indicates the subj it : ject matt i ious discussed, the Constitution requites that een hat bewsed Congresshall embrace only one subject which shall be expres initstitle. Example ofatitle of abill i troduci iti Reforms in the Electoral System and fra A as ie charter IXhe ae is an introductory statement in the bill stating faster oF reasons for the enactment, or the intention of the elatiealle es the measure (Sinco, 1938). The enacting the bill. The part which identifies the authority that promulgated . The enacting clause used by our Congress today is Be it enacted by the Senate and House of Representatives in Congress assembled. Both the preamble and enacting clause are not essential to the validity of the statutes passed by Congress. The body is the part containing the subject of the law; hence, this is considered the most important part. The body is usually divided into titles, chapters, articles, sections and subsections. The effectivity clause is the part of the law, which provides the date when the bill shall take effect. The effectivity clause usually provides that the law will take effect on a specific date or immediately upon approval by the President. 3. Procedure in the Approval of a Bill. The Constitution provides that before a bill passed by either House becomes a law, it shall first pass three (3) readings on separate days with the exception of those- which the President will certify as necessary to meet public calamity. When a bill is filed, a Member of the House or the Senate to its respective secretary, the bill will passed the first reading. On the first reading, only the number and title of the bill is read and the Speaker refers it to the proper committee for consideration. The Committee may decide to kill the bill by taking no action on it or it may consider the bill and conduct a thorough study by conducting public hearings on the propose measure. The committee will later submit a report, recommending the approval or disapproval of the bill. C. Second Reading Once the Committee approves the bill, it will be reported to the Rules Committee to be entered into the house calendar for second reading by the Full House. On the second, the entire bill is read before the chamber and it is at this stage that the bill is debated and amended. The Rules Committee plays an important role at this stage, it sets the time limit for floor ‘debate, provide for the manner on how the bill will be amended, and when the bill will be voted on. Fharren [KX 95PAilippine Government 96 | orinted in its final form ang After the bi been approved, it 1S prit rs i we the bl a ee iat least three days before the third and last copies dis! reading. ). Third Reading On the third reading, only the title of the bill is hires a on is allowed at this stage. Therese the il enn O se sete red, the bill is transmitted to the othe ‘i aay sabi three readings. If it will likewise be approved, it shall be transmitted to the President for his approval. 1. Bicameral Conference Committee To become a law, a bill must be passed in identical form by both the House and Senate (Patterson, 1997). If there are differences in the version approved by both houses, the bill is then referred to the Bicameral Conference Committee to resolve the differences. The Conference Committee is a temporary committee consisting of Members from both Houses formed to bargain out the bill. Usually the members are appointed from the standing committees of the Senate and House who originally work on the bill. 2. When a bill becomes a law There are three ways in which a bill becomes a law: a. when the President approves and signs it ess has presented the bill to him; re aires b. when the President does not act il withi h he bill within thirty (30) days after it has been cated to we, a bill is vetoed by the President and sent back weit louse where it originated which shall enter the Jections at large in the Journal, the bill becomes a la¥ when Congress by a vote i agree to override the veto, Wea ofits membes Etaerer Ix overs comp hicie inves(hilippine Government and Constitution E. Presidential Veto A veto i: Congress. ia aa of the President to reject a bill passed by the the President shall re 'e President must veto the entire bill. However, in an appropriation ve the power to veto any particular item or items ‘ive item Or teste a enue, or tariff bill, but the veto shall not affect seem oF Hoes ich he does not object. An item is the particulars, » the distinct and severable parts of the appropriation of the a sae vs. Secretary of Justice and Usman Amelita, 62 Phil. 912 OWER OF LEGISLATIVE INVESTIGATION The two Houses of the Congress and their respective committees are authorized inder the Constitution to conduct investigations or inquiry in aid of legislation or io aid the Congress in its legislative work. The Congress conducts investigation to fetermine if legislation is needed, to gather facts relevant to legislation, to assess the fficiency of executive agencies, to build public support, to expose corruption, and 0 enhance the image and reputation of its members (Burns, 1998). A legislative body not legislate wisely or effectively in the absence of information respecting the conditions, which the legislations intended to affect or change (Arnault vs. Nazareno, 87 Phil. 29 [1950)). 1. Power of Legislative Oversight Part of the power to conduct investigation in aid of legislation is the oversight function of Congress. Oversight refers to the responsibility to question executive branch officials to see whether their agencies are complying with the wishes of the Congress and conducting their programs efficiently (Burns, 1998). Committees are usually formed to conduct oversight investigation like the Congressional Oversight Committee on the Y2K Act of the 11% Congress to check on the implementation of programs designed to prepare the Philippines for the millennium bug. rs 2. Limitations on the Power of Investigation The exercise of this power is subject to the following limitations: ‘a. Must be in aid of legislation; b. Must be in accordance with its duly published rules and procedure; and c. The rights of persons appearing in or affected by such inquiries shall be respected. BHAPTER IX 97Z Phibppine Government and Constitution 3. Power to Punish Witness for Contempt i islative investigation, the Congress In the exercise of the power of legislat ie agri Sea bower en may punish witnesses for contumacy OF * “ilaifve po ta considered implied or incidental to the exercise of legislative power o; necessary to effectuate said power (Arnault vs. Nazareno G.R. No. L-6749 (uly 30, 1955). en POWER OF APPROPRIATION lo money shall be paid out of the Treasury except The Constitution provides that Ne bi in pursuance of an appropriation made by law. This is a recognition that the power f 1 to appropriate government funds for the operation of our government is granted to 7 i Congress. The power of appropriation sometimes referred to as the power of the : i purse, is exercised by the Congress through the enactment of an appropriation law, . 1. Classification of Appropriation Law fi Appropriations law in the Congress prepares two kind of appropriations, p the general and special appropriations law. la a. General Appropriations Law. The general appropriations law is the bi government's annual budget. th i b. Special Appropriations Law. Appropriations designed for a specific | 4. Th i purposts i st ' 2. Limitations on Appropriations Measure aa 5 : 5 The power of the Congress to appropriate funds is subject to certain No i limitations. These are: ho i; a. Public funds may be used only for a public joe | he i appropriations must be devoted to a public arpa at a gkeat le an Serco; epi mc enue ascual vs, Sec i . y No, L-10405 (Dec. 29, 1960)). retary R Bublicaars, CF ‘i , b, The amount appropriated must be certain, which : ‘ " authorizedto be released should either be determinateor nieve oanable (Guingona vs. Caraguea, G.R. No. 94571 Apr. 22, 1991)), 98 PHapter IX. j iPhilippine Government and Constitution 3. Constitutional Guidelines on Appropriations The following are the guideli i Buidelines provided by the Constitution i preparation of the general and special Peers on, a a. Guidelines an General Appropriation 13 Te Congres May not increase the appropriations recommended by th e| ih lent for the operation of the Government as specified in the udget. In the preparation of the general appropriations, Congress uses as a basis the budget submitted by the President. The budget is, proposed. . The form, content, and manner of preparation of the budget shall be prescribed by law. 3. No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates. This provision will eliminate the inclusion in the general appropriations law of riders or a provision not germane to the subject matter of the bill, and is new and completely unrelated provision attached to | the bill (Garcia vs. Mata, G.R. No. L-33713 [Jul. 30, 1975). 4. The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for the other department or agencies. 5. No law shall be passed authorizing any transfer for appropriations, however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the Constitutional Commissions 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. 6. No public money or property shall be appropriated, applied, paid, or employed, directly OF indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, o other religious teacher, or dignitary as such, ‘except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium (Kapatiran vs. Tan, 163 SCRA 371 [1988}). Starter [X riPhibppine Government and Const b. Guidelines on Special Appropriation A special appropriations bill shall specify: 1. The purpose for which it is intended. ilable as certified by the 2. Shall be supported by funds actually avai i National Treasurer, er to be raised by a corresponding revenue proposed therein. 4. Discretionary Fund ; ed for particular officials shall be disbursed iscreti ropriat Discretionary funds appropt ald vouchers and subject only for public purposes to be supported by approp! to such guidelines as may be prescribed by law. 5, Automatic Reappropriations If, by the end of any fiscal year, the Congress shalll have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is | passed by the Congress. 9 to POWER OF TAXATION ™ The power of taxation is the power to impose taxes. Taxes are what we pay for civilized society (Pepsi Cola Bottling Co. vs. Municipality of Tanauan, GR. No. L-3656 [Feb. 2, 1976}). The revenue raised in taxation is used to maintain the | operation of our government, The Constitution vests in the legislature the exercise of | SS the power of taxation. It must be noted that even without an expressed constitutional grant, the power to tax together with the police power and power of eminent domain | | are inherent and indispensable power of the governm it i rent. Government may not exist. 8 tadWithout. whch, e 1. Rule of Taxation | The Constitution provides that the rule of taxati , . 1X¢ if equitable. A tax is considered uniform when it operates goa nos and effect in every place where the subject may be fou a . as 163 SCRA 371 [1988)). me, apatiran vs. Tate 100 Buarerer JX |,greerrenent ana Wonslitution 2, Tax Exemptions and Institutions Exempt from Taxation No law grant concurrence a mae any tax exemption shall be passed without the cepress andete ory ofall the Members ofthe Congress. However, by from taxation: nstitution, the following institutions are exempted a. Charitable institutions, chur ches and thereto, mosques, Parsonages or covenants appurtenant Non-profit cemeteries, and all lands, buildings, and improvements, actually, directh i igi ‘ 7 , ly, and exclusively used for religious, charitable, or educational purposes. if . Aen and assets of non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes. NON-LEGISLATIVE POWERS The Congress is also vested under the Constitution such other powers, non- legislative in nature such as the power to declare the existence of war (Section 23(1)], the power to concur in presidential amnesties (Section 21, Article Vil), the power to impeach the President, etc. 1. Using an appropriate graphic organizer, describe how a bill becomes a law. 2. Bring to class a copy of a law and identify its parts. 3. Write a short composition on a law which you would propose if you were a legislator. 101 SHapteD