Constitutional Law I 1

VII. LEGISLATIVE DEPARTMENT

Legislative Power power of lawmaking, the framing and enactment of laws
which is effected through the adoption of a bill or a proposed or projected law,
which, once approved, becomes a statute. It includes specific powers of
appropriation, taxation and expropriation.

Grant of legislative power to congress is plenary. Congress may legislate on
any subject matter provided that the limitations are observed.

Non-legislative power include the power to canvass the presidential elections, to
declare the existence of a state of war, to give concurrence to treaties and amnesties, to
propose constitutional amendments, and to impeach.

Statute is a written will of the legislature, solemnly expressed according to the forms
necessary to constitute it the law of the state.

Proposition measure proposed by voters
Plebiscite is the electoral process by which an initiative on the Constitution is approved
or rejected by the people


Initiative, Referendum and Recall (Republic Act 6735 Act providing for a
System of Initiative and Referendum)
- Defensor-Santiago v. Comelec, GR 127325, March 19, 1997

a. Initiative power of the people to propose amendments to the constitution
r to propose or enact legislations through an election called for purpose.
(Sec. 3(a) R.A. 6735)

Systems of Initiative

o Initiative on Constitution a petition proposing amendments to the
constitution.
o Initiative on Statutes a petition proposing to enact a national legislation.
o Initiative on Local Legislation a petition proposing to enact a regional,
provincial, city, municipal or barangay law, resolution or ordinance.

Indirect Initiative exercise of nitiative by the people through a proposition
that sent to the congress or the local legislative body for action.
- (SBMA v. Comelec, Sept. 26, 1996)
- Any duly accredited people's organization, as defined by law, may
file a petition for indirect initiative with the House of
Representatives, and other legislative bodies. The petition shall
contain a summary of the chief purposes and contents of the bill
that the organization proposes to be enacted into law by the
legislature.
- The procedure to be followed on the initiative bill shall be the same
as the enactment of any legislative measure before the House of
Representatives except that the said initiative bill shall have
precedence over the pending legislative measures on the
committee.

b. Referendum power of the electorate to approve of reject legislation
through an election called for the purpose.

Two Classes of Referendum

o Referendum on Statutes a petition to approve or reject a law, or part
thereof, passed by the congress.
o Referendum on Local Law a petition to approve or reject a law,
resolution, or ordinance enacted by regular assemblies and local legislative
bodies.

To exercise the power of initiative or referendum:
i. At least 10% of total registered voters, of which every legislative
district is represented by at least 3% of the registered voters thereof,
shall sign a petition for the purpose and register the same with
COMELEC.
ii. Within a period of 30 days from the receipt of the petition, the
commission, upon determining the sufficiency of the petition, shall
publish the same in Filipino and English at least twice in newspapers
of general and local circulation.
iii. After which, the commission must set a date for the initiative or
referendum that should not be earlier than 45 days and not later than
90 days upon determination.

c. Recall mode of removal of a public officer by the people before the end of
his term of office.
- Garcia v. Comelec, Oct. 5, 1993
o ISSUES:
1) Whether or not the people have the sole and exclusive right to initiate
recall proceedings.
2) Whether or not the procedure for recall violated the right of elected
local public officials belonging to the political minority to equal protection
of the law.

Constitutional Law I 1

RULING:
1) No. There is nothing in the Constitution that will remotely suggest that
the people have the "sole and exclusive right to decide on whether to
initiate a recall proceeding." The Constitution did not provide for any
mode, let alone a single mode, of initiating recall elections.
The mandate given by section 3 of Article X of the Constitution is for
Congress to "enact a local government code which shall provide for a
more responsive and accountable local government structure through a
system of decentralization with effective mechanisms of recall, initiative,
and referendum . . ." By this constitutional mandate, Congress was
clearly given the power to choose the effective mechanisms of recall as
its discernment dictates.
What the Constitution simply required is that the mechanisms of recall,
whether one or many, to be chosen by Congress should
be effective. Using its constitutionally granted discretion, Congress
deemed it wise to enact an alternative mode of initiating recall elections
to supplement the former mode of initiation by direct action of the
people. The legislative records reveal there were two (2) principal
reasons why this alternative mode of initiating the recall process thru an
assembly was adopted, viz: (a) to diminish the difficulty of initiating recall
thru the direct action of the people; and (b) to cut down on its expenses.

2) No. Under the Sec. 70 of the LGC, all mayors, vice-mayors and
sangguniang members of the municipalities and component cities are
made members of the preparatory recall assembly at the provincial level.
Its membership is not apportioned to political parties. No significance is
given to the political affiliation of its members. Secondly, the preparatory
recall assembly, at the provincial level includes all the elected officials in
the province concerned. Considering their number, the greater
probability is that no one political party can control its majority. Thirdly,
sec. 69 of the Code provides that the only ground to recall a locally
elected public official is loss of confidence of the people. The members
of the PRAC are in the PRAC not in representation of their political
parties but as representatives of the people. By necessary implication,
loss of confidence cannot be premised on mere differences in political
party affiliation. Indeed, our Constitution encourages multi-party system
for the existence of opposition parties is indispensable to the growth and
nurture of democratic system. Clearly then, the law as crafted cannot be
faulted for discriminating against local officials belonging to the minority.
Moreover, the law instituted safeguards to assure that the initiation of the
recall process by a preparatory recall assembly will not be corrupted by
extraneous influences. We held that notice to all the members of the
recall assembly is a condition sine qua non to the validity of its
proceedings. The law also requires a qualified majority of all the
preparatory recall assembly members to convene in session and in a
public place. Needless to state, compliance with these requirements is
necessary, otherwise, there will be no valid resolution of recall which can
be given due course by the COMELEC.

- Loss of confidence is the formal withdrawal by an electorate of
their trust in a persons ability to discharge his office previously
bestowed on him by the same electorate.
- Evardone v. Comelec, 204 SCRA 464, 472
o Whether or not the electorate of the Municipality of Sulat has lost
confidence in the incumbent mayor is a political question. It
belongs to the realm of politics where only the people are the
judge.


Bicameralism vs. Unicameralism
Bicameralism (Two chambers of congress [e.g. US, Phils])
Unicameralism (One chamber [e.g. Denmark, Sweden])

Senate (Composition; Qualifications; Term of office)

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 (Art. 4 Sec. 2 1987 Constitution)
- are those who are citizens of the Philippines from the birth without
having to perform any act to acquire or perfect their Philippine
citizenship.
2. At least 35 years old possessed on the day of election
- That is when polls open, and votes are cast
3. Literate (can read and write)
4. Registered voter
5. Resident of the Philippines of not les than 2 years immediately preceding
the day of elections.
- Residence is defined as the place where one habitually resides and
to which, when he is absent, he has the intention of returning.
- Domicile fixed permanent residence to which whenever absent
for business, pleasure or some other reasons, one intends to
return.
- It is a question of intention and circumstances.
o Three rules of Circumstances:
1. That a man must have a domicile somewhere
2. When once established, it remains until a new one is
acquired
3. A man can have but one domicile at a time. If one wishes
to effect a change of domicile, he must demonstrate an
actual removal or an actual change in domicile, a bona
fide intention of abandoning the former place of
residence and establishing a new one, and definite acts
which correspond with the purpose.

Term Article VI and XVII of the 1987 Constitution
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- Six years and shall commence at noon on the 30
th
day of June next
election.
- Of the senators elected in the election of 1992, first 12 obtaining the
highest number of votes shall serve for six years and the remaining 12 for
three years.
o It is for the reason that the senate has been described as a
continuing institution as it is not dissolved as an entity with each
national election or change in the composition of its members.
o Neri v. Senate Committee on Accountability and Public Officers and
Invesitgation
Under the 1987 constitution, it is no longer a continuing body
with respect to the passage of bills because Senate of each
congress acts separately and independently of the senate
before it.
Because the 1987 constitution requires majority of senators to
constitute a quorum to do business
The continuity of the life of Senate is intended to encourage
the maintenance of senate policies as well as guarantee that
there will be experienced members who can help train
newcomers in the discharge of their duties.
- 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 for which he
was elected.

House of Representatives

Composition (District Representatives; Party-list Representatives)

District Representatives elected directly and personally from the territorial unit
he is seeking to represent.

Apportionment of Legislative Districts
Only congress can create a province
Two hundred members were originally provided for in the HOR to be
directly elected from various legislative districts created by
Ordinance Appended to the 1987 Constitution.
Territory was divided into 13 regions, comprising 200 districts
apportioned among the provinces, cities and Metropolitan Manila in
accordance with the number of their respective inhabitants and on
the basis of a uniform progressive ratio.
This apportionment shall be subject to adjustment by congress
within three years after the return of every enumeration to make the
representation equitable.
When making such reapportionment, each city with a population of
at least 250,000, AND every province, shall have at least ONE
representative.
o 250,000 minimum population only applies to cities and not to
provinces, although the Local Government Code provides fro
a minimum population of 250,000 as an alternative
requirement for the establishment of a province.
o Mariano v. Comelec, 242 SCRA 211 It is not necessary for
either a city or a province to have an additional population of
250,000 to establish additional legislative district 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 one
member or such number of members as it may be entitled
on the basis of the number of its inhabitants and according to
the standards seth forth in par. 3 sec. 5 of the Art. VI of the
constitution.

The basis for districting is the number of inhabitants and not the
registered voters. (Herrera v. Comelec)

- Baker v. Carr, 369 US 186
- Montejo v. Comelec, GR 118702, Mar. 19, 1995
- Bagabuyo vs. Comelec December 8, 2008
- Whether or not R.A. No. 9371 merely provide for the legislative
reapportionment of Cagayan de Oro City, or does it involve the division
and conversion of a local government unit. Whether or not it violates
the equality of representation doctrine.
- Before, Cagayan de Oro had only one congressman and 12 city council
members citywide for its population of approximately 500,000. By having two
legislative districts, each of them with one congressman, Cagayan de Oro
now effectively has two congressmen, each one representing 250,000 of the
citys population. This easily means better access to their congressman since
each one now services only 250,000 constituents as against the 500,000.
- Bagabuyo further contends that RA 9371 violates the equality in
representation doctrine as it appears that one district has a higher number of
voters as compared to the other and that one is urbanized the other is rural.
This is the clarification; the law clearly provides that the basis for
districting shall be the number of the inhabitants of a city or a
province, not the number of registered voters therein

Gerrymandering arrangement of districts in such a way as to favor the election
of preferred candidates (usually re-electionists) through the inclusion therein only
of those areas where they expect to win, regardless of the resultant shape of such
districts. It is an apportionment of representative districts so contrived as to give
unfair advantage to the party in power.
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Doctrine of Equal Representation - the law clearly provides that the basis for
districting shall be the number of the inhabitants of a city or a province, not the
number of registered voters therein.

Party-list Representatives is chosen indirectly through the party he represents,
which one voted for by the electorate.
Party-list representatives shall consist of 20% of the total
membership of the house.
Sec. 2 of R.A. No. 7941 provides, among others, for the promotion
of proportional representation in the election of representatives to
the HOR through a party-list system registered national, regional
and sectoral parties or organizations or coalitions thereof, which will
enable Filipino citizens belonging to marginalized and unrepresented
sectors
1
, organizations and parties, and who lack well-defined
political constituencies
2
but who could contribute to the formulation
and enactment of appropriate legislation that will benefit the nation
as a whole, to become members of the HOR.
Atong Paglaum, Inc. vs. COMELEC
- Party-list system provides for three different groups:
o National parties or organizations
o Regional parties or organizations
o Sectoral parties or organizations
- Political parties can participate as long as they register as a
party-list and do not field candidates in legislative district
elections.
- Majority of members of sectoral parties or organizations that
represent the marginalized and underrepresented must
belong to the marginalized and underrepresent sector they
represent.
- According to this case, the nominees of the sectoral parties or
organizations that represent the marginalized an
underrepresented, or that represent those who lack well
defined political constituencies, either must belong to the
respective sectors, or must have a track record of advocacy
for their respective sectors.
- Nominees must be bonafide members of such prties or
organization
- party-list system is intended to democratize political power
by giving political parties that cannot win in legislative district
elections a chance to win seats in the HOR.

1
Labor, peasant, fisher folk, urban poor, indigenous cultura communities, handicapped,
veterans and overseas workers.
2
Professionals, elderly, women and the youth.
o Not later than 90 days before the election day, any
political party, organization or coalition may file a
verified petition through its president or secretary for its
participation, attaching a copy of its constitution, by
laws, platform, and list of officers, and other relevant
information as required by COMELEC.
o Petition shall be published in at least 2 newspapers of
general circulation.
Among those disqualified:
Religious sects
Those who advocate violence or unlawful means to seek their
goal
Foreign parties
Parties which are backed by foreign parties or government
Parties which violate or failed to comply with the law
Those which declare untruthful statements in their petition
Those who cased to exist for one (1) year
Those who failed to participate in the last two preceding
elections.
The other ground specified in Section 6:
Banat vs. Comelec April 21, 2009
- Failure to obtain at least 2% of the votes cast under the party-
list system in the 2 preceding elections for the constituency in
which it has registered has been declared unconstitutional by
the Supreme Court.
- 20% of party-list seats, as stated in the constitution, must be
filled to comply with the constitutionality of the system.

Every voter shall be entitled to two votes: one legislative district
representative and one for the party-list he/she wishes to be
represented.
2% of the total votes = 1 seat
Banat v. COMELEC for every four legislative district reps = 1
partylist rep. In case there would be an additional 4 legislative
districts, theres no need to enact a law that creates additional
partylist seat because the constitution automatically does so.
o Filling up of all the available party-list is not mandatory.

o Veterans Federation Party v. Comelec, G.R. No. 136781, October 6,
2000
o 20% party-list seats is just a ceiling, and need not to be filled
entirely.
o Ang Bagong Bayani-OFW Labor Party v. Comelec, G.R. No. 147589, June
26, 2001
o BARA vs. Comelec May 4, 2007
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Qualifications
Natural Born Citizen (Art. 4 Sec. 2 1987 Constitution)
o are those who are citizens of the Philippines from the birth without
having to perform any act to acquire or perfect their Philippine
citizenship.
At least 25 years old possessed on the day of election
o That is when polls open, and votes are cast
Party-list rep must be a bona fide member at least 90 days before the
Election Day.
o Bona fide one must either belong to the sector represented, or
have a track record of advocacy for such sector
Literate (can read and write)
Registered voter of the district he seeks to represent
Resident of the district he/she aims to represent of not less than 1 year
immediately preceding the day of elections.
o Residence is defined as the place where one habitually resides and
to which, when he is absent, he has the intention of returning.
o Domicile fixed permanent residence to which whenever absent for
business, pleasure or some other reasons, one intends to return.

- Marcos v. Comelec, 248 SCRA 300
- Aquino v. Comelec, Sept. 18, 1995
Theory of legal impossibility - impossibility arising due to the fact that what the
defendant intended to do is not illegal.

Natural-born members of the HOR must be natural-born citizens not only at the
time of their election but during their entire tenure.
- Bengson v. HRET, G.R. No. 142840, May 7, 2001

Term of office three years, maximum of three terms
Privileges

Parliamentary Immunity
- Eastland v. US Servicemen's Fund, 421 US 491
- Hutchinson v. Proxmire, 443 US 111
- Jimenez v. Cabangbang, 17 SCRA 714

Freedom from Arrest
o Senator or a member of HOR, in all offenses punishable
by not more than 6 years imprisonment, be privileged
from arrest whole the congress is in session. (period from
initial convening until its final adjournment)
Privilege of Speech and Debate
o 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.
The remarks must be made while the legislature
or the legislative committee is functioning
They must be made in connection with the
discharge of official duties.
Disqualifications and Inhibitions Appearance of the legislator is
barred before all courts of justice. Legislators are also prohibited from being
financially interested in any contract with the government or any subdivision,
agency or instrumentality thereof, including government-owned or controlled
corporations, or 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 these concessions.
Effect of Imprisonment
- (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.


- People v. Jalosjos, G.R. Nos. 132875-76, February 3, 2000
The immunity from arrest or detention of Senators and members
of the House of Representatives, the latter customarily addressed
as Congressmen, arises from a provision of the Constitution. The
history of the provision shows that privilege has always been
granted in a restrictive sense.
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The 1935 Constitution provided in its Article VI on the Legislative
Department.
Sec. 15 The Senators and Members of the House of
Representatives shall in all cases except treason, felony, and
breach of the peace be privileged from arrest during their
attendance at the sessions of Congress, and in going to and
returning from the same
The 1973 Constitution broadened the privilege of immunity as
follows:
Art. VIII, Sec. 9 A Member of the Batasang Pambansa shall, in
all offenses punishable by not more than six years imprisonment,
be privileged from arrest during his attendance at its sessions and
in going to and returning from the same.
Allowing accused-appellant to attend congressional sessions and
committee meeting for five days or more in a week will virtually
make him free man with all the privilege appurtenant to his
position. Such an aberrant situation not only elevates accused-
appellant's status to that of a special class, it also would be a
mockery of the purposes of the correction system.
When the voters of his district elected the accused-appellant to
Congress, they did so with full awareness of the limitations on his
freedom of action. They did so with the knowledge that he could
achieve only such legislative results which he could accomplish
within the confines of prison.
The Constitution guarantees: ". . . nor shall any person be denied
the equal protection of laws." This simply means that all persons
similarly situated shall be treated alike both in rights enjoyed and
responsibilities imposed.

The organs of government may not show
any undue favoritism or hostility to any person. Neither partiality
not prejudice shall be displayed.
Sessions; Adjournment; Officers
- Santiago v. Guingona, G.R. No. 147589, June 26, 2001

Regular Sessions congress shall convene once every year on the
4
th
Monday of July for its regular session, and shall continue to be in
session for such number of days as it may determine untol 30 days
before the opening of its next regular session, exclusive of
Saturdays, Sundays and legal holidays. (Sec. 15)

Special Sessions called by the president at any time when
congress is not in session

Adjournment Neither house during the sessions of the congress
shall, without the consent of the other, adjourn for more than 3 days,
nor to any other place than in which the houses shall be sitting.

Officers senate shall elect its president and the HOR its speaker of
the house, by a majority vote of all its members. Take note, that
these positions are not fixed and can be replaced any time at the
pleasure of the majority of their respective chambers.
- Other officers chosen are Senate president and speaker pro
tempore, majority and minority floor leaders, chairman of
various standing and special committees, secretary and
sergeant at arms.


Quorum any number sufficient to transact business, which may be less
than the majority of the membership.
- Avelino v. Cuenco, 83 Phil. 17
o Avelino who was then Senate president, motu proprio
adjourned a session of the senate and walked out with
his followers, leaving 12 other members who continued
with the meeting replacing him with responded Cuenco
as Acting president. Avelino filed a quo warranto againt
Cuenco stating that the latter had not been validly
elected because 12 did not constitute the majority. The
petition was dismissed on the ground that it involved a
political question. On motion for reconsideration, it
assumed jurisdiction and ruled inter alia that the 12
members were sufficient to constitute a quorum, being
a majority of 23, one senator being in the US.

Rules of Proceedings are needed for the orderly conduct of the
sessions of the congress. Unless such rules violate fundamental or
individual rights, they are within the exclusive discretion of each house to
formulate and interpret and may not be judicially reversed.
- Arroyo v. De Venecia (Sin-taxes case), GR 127255, Aug. 14, 1997
Discipline of members each house may punish its members for
disorderly behavior, and with concurrence of 2/3 of all its members:
Suspension shall not exceed 60 days
Expulsion
Other disciplinary measures:
o Deletion of unparliamentary remarks from the record
o Fine
o Imprisonment
o Censure
Suspension vs. Preventive Suspension
- Santiago v. Sandiganbayan, G.R. No. 128055. April 18, 2001

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Enrolled Bill Theory An enrolled Act in the custody of the Secretary of
State, and having the official attestations of the Speaker of the House of
Representatives, of the President of the Senate, and of the President of the
United States, carries, on its face, a solemn assurance by the legislative and
executive departments of the government, charged, respectively, with the duty of
enacting and executing the laws, that it was passed by Congress.

Where the certifications are valid and are not withdrawn, the
contents of the enrolled bill are conclusive upon the courts.

- Mabanag v. Lopez Vito, 78 Phil. 1
o A duly authenticated bill or resolution imports absolute
verity and is binding on the courts.
- Casco Chemical v. Gimenez, 7 SCRA 347
o Respect due to a co-equal department requires the
courts to accept the certification of the presiding officer
of the legislative body.

Legislative Journal vs. Enrolled Bill

Enrolled bill - is the official copy of approved legislation and bears the certification
of the presiding officers of each House.

Legislative Journals are a record of what is done and past in the legislative
assembly.

It may be noted that the enrolled bill theory is based mainly on "the respect due to
coequal and independent departments," which requires the judicial department "to
accept, as having passed Congress, all bills authenticated in the manner stated."
Thus it has also been stated in other cases that if the attestation is absent and the
same is not required for the validity of a statute, the courts may resort to the
journals and other records of Congress for proof of its due enactment. [Astorga v.
Villegas, (1974)]


Electoral Tribunals
Composition - 3 Supreme Court Justices to be designated by the
Chief Justice (The senior Justice in the Electoral Tribunal shall be its
Chairman). 6 Members of the Senate or House, as the case may be,
chosen on the basis of proportional representation from the political parties
and party-list organizations.

- Bondoc v. Pineda, 201 SCRA 792
- Abbas v. Senate Electoral Tribunal, 166 SCRA 651

Powers - the Electoral Tribunals are, in the exercise of their
functions independent organs independent of Congress and the Supreme
Court. The power granted to HRET by the Constitution is intended to be as
complete and unimpaired as if it had remained originally in the legislature.

- Aquino v. Comelec, Sept. 18, 1995
- Sampayan v. Daza, 213 SCRA 807

Jurisdiction over Proclamation Controversy - be the sole judge of all
CONTESTS relating to the election, returns, and qualifications of their
respective members. ET has jurisdiction only when there is an election
contest.

Election Contest - one where a defeated candidate challenges the
qualification and claims for himself the seat of a proclaimed winner.

- Caruncho v. Comelec, G.R. No. 135996, September 30, 1999

Commission on Appointments
Composition
1. Senate President as ex-officio chairman (shall not vote except
in case of a tie.)
2. 12 Senators
3. 12 Members of the House

- Elected on a basis of proportional representation from
the political parties and party-list organizations.

- Guingona v. Gonzales, 214 SCRA 789

Powers
- Commission on Appointments shall confirm the appointments by
the President with respect to the following positions:





Heads of the Executive Departments (except if it is
the Vice-President who is appointed to the post);
Ambassadors, other public ministers or consul
Constitutional Law I 1

Officers of the AFP from the rank of Colonel or Naval
Captain;
Other officers whose appointments are vested in him
by the Constitution (e.g. COMELEC members);

Congress cannot by law require that the appointment of a person to
an office created by such law shall be subject to confirmation by the
Commission on Appointments.

Appointments extended by the President to the above-mentioned
positions while Congress is not in session shall only be effective until
disapproval by the Commission on Appointments or until the next
adjournment of Congress.

- Sarmiento v. Mison, 156 SCRA 549

Powers of Congress
General Legislative Power
Legislative Powers: (Scope: vested in Congress by the Constitution
except to the extent reserved to the people by the provision on initiative
and referendum)
o Powers of appropriation
o Taxation
o Expropriation
o Authority to make, frame and enact laws
Non-legislative powers
o Power to canvass the presidential elections
o Declare existence of war
o Give concurrence to treaties and amnesties
o Propose constitutional amendments
o Impeach
o Derivative and delegated power
o Implied powers such as the power to punish contempt in
legislative investigations

Limitations
Substantive Limitations
Circumscribe both the exercise of the power itself and the
allowable subject of legislation
Express limitations:
o Sec 24-26, 28-30, Art VI
Express limitations on general powers
o Bill of rights
Implied Limitations
o No power to pass irrepealable law o Non-encroachment
on powers of other departments
o Non-delegability of powers
Procedural Limitations
Prescribes the manner of passing bills in the form they should
take
Limitation provided by Sec. 26, Article VI
o Every bill of the congress shall embrace one subject which
shall be expressed in its title
o No bill passed by either house shall become law unless it
has passed 3 readings on separate days
o Bicameral Conference Committee
o Printed copies in its final form have been distributed to its
members 3 days before the passage of the bill
o Exception: president certifies to the necessity of its
immediate enactment to meet a public calamity or
emergency
o Bills that must originate exclusively from the House
Guzman v. Comelec, G.R. No. 129118, July 19, 2000
Phil. Judges Association v. Prado, GR 105371, Nov. 11, 1993
Chongbian v. Orbos, 245 SCRA 253
Tolentino v. Secretary of Finance, GR 115455, Aug. 25, 1994
Decision on Motion for Reconsideration, Oct. 30, 1995

Legislative Process
Procedure for Enactment:
o Introduction: must be by any member of the House of Representatives or
Senate except for some measures that must originate only from the former
chamber
o First reading: The reading of the title and the number; the bill is passed by
the Senate President or Speaker to the proper committee
o Second reading: Entire text is read and debates are held, and amendments
introduced.
o The bill as approved in the second reading is printed in its final form and
copies are distributed three days before the third reading
o 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.
Constitutional Law I 1

o Sent to the other chamber: once the bill passes the third reading, it is sent
to the other chamber where it will also go under three readings
o Enrolled Bill: The bill is printed as finally approved by the Congress,
authenticated with the signatures of the Senate President or the Speaker
and the Secretary and approved by the President

Approval of Bills
Three methods:
1. When the president signs it
2. When the president vetoes it but the veto is overridden by
two-thirds vote of all members of each chamber
3. When the president does not act upon the measure within
thirty days after it shall have presented to him

Presidential veto the president may disapprove or veto a measure upon any
ground sufficient for him, as where he considers it unconstitutional or merely
inefficacious or unwise.

o Pocket veto - disapproval of a bill by inaction on his part. The failure of the
President to communicate his veto of any bill represented to him within 30
days after the receipt thereof automatically causes the bill to become a law.

o Item veto - special form of veto that authorizes a chief executive to reject
particular provisions of a bill enacted by a legislature without vetoing the
entire bill
- Bengzon v. Drilon, 208 SCRA 133
o Legislative veto; one-house veto - refers to the power of a legislature, or
one house of a bicameral legislature, to nullify an action of the executive
authority.

- Immigration Service v. Chadha, 462 US 919, 77 L.Ed.2d
317
- Phil. Constitution Association v. Enriquez, 235 SCRA 506

Power of the Purse
Implied limitations on appropriation measure
Appropriation statute primary and specific purpose of which is to authorize the
release of public funds from the treasury.
o Appropriation must be devoted solely for public purpose
o The sum authorized to be released must be determinate or at least
determinable.
- Guingona v. Carague, 196 SCRA 221
Constitutional limitations and rules
o All appropriation bills shall originate from the HOR
o Discretionary funds appropriated for a particular officials shall be disbursed
only for public purposes to be supported by appropriate vouchers and
subject to such guidelines as may be prescribed by law.
o Riders non-appropriation item inserted in an appropriation
measure in violation of the constitutional inhibition against it.
o Sub rosa appropriation adoption of appropriations in which the
public was unable to ascertain the purposes and exact amount of
outlay for the operations of the congress and the allowances of its
members.
o Prohibition against transfer of appropriation
- Phil. Constitution Association v. Enriquez, 235 SCRA 506

Power of Taxation
Purpose:
o Pay debts and provide for the common defense and general
warfare;
o Raise revenue;
o Instrument of national and social policy;
o Instrument for extermination of undesirable acts and
enterprises;
o Tool for regulation;
o Imposition of tariffs designed to encourage and protect locally
produced goods against competition for imports
Tax laws must be for private purpose
Exemptions:
o Religious, charitable, educational institutions and their
properties
o Special Funds
o Money collected on a tax levied for a special purpose
shall be treated as a special fund and paid out for such
purpose only.
o Once the special purpose is fulfilled or abandoned, any
balance shall be transferred to the general funds of the
Government
- McCulloch v. Maryland, 17 US (4 Wheat, 316)

Power of Legislative Investigation
Constitutional Law I 1

Requisites:
o Must be in aid of legislation
o In accordance with duly published rules of procedure
o Right of persons appearing in of affected by such inquiries shall
be respected
Additional limitation: Executive Privilege
(Refer to Chap 4, III)
- Senate v. Ermita (E.O.464), G.R. No. 169777
- Bengzon v. Senate Blue Ribbon Committee, 203 SCRA 767
- Neri vs. Senate G.R. No. 180643 March 25, 2008

Power to Punish contempt
- Arnault v. Nazareno, 87 Phil. 29
- Arnault v. Balagtas, 97 Phil. 358

Power to declare existence of state of war
War Powers (Sec 23 (1), Art VI)
o Congress in joint session assembled and voting separately
shall have the sole power to declare the existence of war
o Philippines renounces war as an instrument of national policy
o Even though the legislature can declare existence of war and
enact measures to support it, the actual power to make war is
lodged nonetheless in the executive
- The Prize cases, 67 US 635, 17 L.Ed. 459
- Mora v. McNamara, 389 US 934, 19 L.Ed.2d 287

Separation of Powers
- The separation of powers is a fundamental principle in our system of
government

Check and balance
- Constitution has provided an elaborate system of checks an balances to
secure coordination in the workings o the various departments of the
government
- Example: Chief Executive under our constitution is so far made a check on
the legislative power that this assent is required in the enactment of laws
(Angara v. Electoral Commission)
- National Assembly can check the executive, in a sense that its consent
through it Commission on Appointments; and the concurrence of a majority
of all its members is essential to the commission treaty.
Delegation of Powers
- Principle of non-delegation of powers is usually applied to legislative
power
- General Rule: Delegation can no longer be delegated. Exception:
Legislative power reserved to the people by the provision on initiative and
referendum (Art. VI Sec. 1). Emergency power delegated Executive
during the state of War or National Emergency (Art. VI Sec 23). Certain
Taxing powers of the president (Art. VI Sec 28 par. 2). Subordinate
legislation made by administrative agencies. Administrative law theory
what is delegated is in fact not law making power but law executing
power. Local government units may be allowed to legislate purely on
local manners.
- Test of valid Delegation
o Completeness Test the law must be complete in all essential terms
and conditions when it leaves the legislature do that there will be
nothing left for the delegate to do when it reaches him except to
enforce it.
Ultra vires beyond the scope of its authority
o Sufficient standard test a roadmap given by congress to the
delegate how to implement a particular duty.