Powers of Congress

1. Legislative
a. Legislative Inquiries and the Oversight Functions
- Legislative inquiries may refer to the implementation or re-
examination of any law or appropriation, or in connection with any
proposed legislation or for the formulation of or in connection with
future legislation, or will aid in the review or formulation of a new
legislative policy or enactment.
- Scope of the power of legislative investigation
1. Power to conduct inquiry in aid of legislation in accordance with its
duly published rules of procedure;
2. Power to issue summons and notices in connection with matters
subject of its investigation or inquiry;
3. Power to punish or declare a person in contempt during or in the
course of legislative investigation.
- Limitations on the Power of Legislative Investigation
1. Must be in aid of legislation;
2. In accordance with duly published rules of procedures; and
3. Right of person appearing in, or afected by such inquiry shall be
respected.
- Oversight Function the heads of departments may upon their own
initiative with the consent of the President, or upon the request of
either House, as the rules of each house shall provide, appear before
and be heard by such House on any matter pertaining to their
departments. Written questions shall be submitted to the President of
the Senate or the Speaker of the House of Representatives at least three
(3) days before their scheduled appearance, interpellations shall not be
limited to written questions, but may cover matters related thereto.
When the security of the State or the public interest so requires, the
appearance shall be conducted in executive session. (Section 22, Article
VI, Constitution)
a. Section 22 does not provide for a question hour. The question
hour is proper to a parliamentary system where there is no separation
between the legislative and executive department. Section 22, unlike
the question hour under the 1973 Constitution, has made the
appearance of department heads voluntary. They can appear on their
own initiative, with the consent of the President, or at the request of
Congress. Because of the separation of powers, however, department
secretaries may not impose their appearance upon either House.
Diference between right of legislation to conduct inquiry in aid of
legislation (Section 21) and oversight function (Section 22)
Sec. 21(Right to
conduct inquiry in aid
of legislation)
Sec. 22 (Oversight
function of Congress)
As to persons who may
appear
Any person Only department heads
As to who conducts
investigation
Committees Entire body
As to subject matter Any matter for the
purpose of legislation
Matters related to the
department only
As to purpose Congress has the
power to conduct
inquiries in aid of
legislation the aim of
which is to elicit
information that may
be used for legislation
Congress has the
power to question
department heads, the
objective of which is to
obtain information in
pursuit of Congress
oversight functions
As to attendance Attendance is
compulsory
Attendance is
discretionary hence it
is valid for the
President to require
that consent be
required frst before
her subordinates
appear in Congress
during the question
hour
As to compelling
power of Congress
Congress can compel
the attendance of
executive ofcials
Congress cannot
compel the appearance
of executive ofcials if
the required consent of
the President is not
obtained frst, or if no
such consent is given
b) Bicameral Conference Committee
In a bicameral system, bills are independently processed by both
houses of Congress. The Conference Committee consisting of members
nominated from both Houses, is an extra-constitutional creation of
Congress whose function is to propose to Congress ways of reconciling
conficting provisions found in the Senate version and House version of
the bill. It performs a necessary function is a bicameral system. They
should not, however, perform functions that the Congress itself may not
do. Moreover, their proposals need confrmation by both Houses of
Congress.
c) Limitations on Legislative Power
i) Limitations on Revenue, Appropriations, and Tarif Measures
- Revenue bill a bill that levies taxes and raises funds
for the government.
- Appropriation bill a bill the primary and specifc
purpose of which is to authorize the release of funds
from the public treasury.
- Tarif bill a bill that specifes the rates or duties to be
imposed on imported articles.
- Limitations:
1.All appropriation, revenue, or tarif bills authorizing increase of the
public debt, bills of local application, and private bills shall originate
exclusively in the House of Representatives;
- The only reasonable interpretation of said provision of the
Constitution which refer to bills is that they mean appropriation
measures still to be passed by Congress. (Guingona v. Carague, G.R.
No. 94571, April 22, 1991)
- The exclusivity of the prerogative of the House of Representatives
means simply that the House alone can initiate the passage of a
revenue bill, such that, if the House does not initiate one, no revenue
law will be passed. But once the House has approved a revenue bill
and passed it on to the Senate, the Senate can completely overhaul it,
by amendment of parts or by amendment of substitution, and come
out with one completely diferent from what the House approved.
(Tolentino v. Secretary of Finance, G.R. No. 115931, August 25, 1994)
2.The general appropriation law must be used based on the budget
prepared by the President (Section 22, Article VII, Constitution). The
form, content, and manner of preparation of budget shall be provided
by law (Section 25[1]);
3.Congress may not increase the appropriations recommended by the
President for the operation of the Government as specifed in the
budget (Section 25[1]);
4.No provision or enactment shall be embraced in the general
appropriations bill unless it relates specifcally to some particular
appropriation therein (Section 25[2]);
5.A special appropriations bill shall specify:
a. Purpose for which it is intended; and
b. Shall be supported by funds actually available as certifed by the
National Treasurer, or to be raised by a corresponding revenue
proposal therein (Section 25[4]);
6. Prohibition against transfer of appropriations (Doctrine of
Augmentation) The President, Senate President, Speaker of the
House, Chief Justice of the Supreme Court, and Heads of
Constitutional Commissions may, by law, be authorized to augment
any item in the general appropriations law for their respective ofces
from savings in other items of their respective appropriation;
7.Discretionary funds appropriated for particular ofcials shall be
disbursed only for public purposes. (Sec. 25[2]);
- Discretionary Funds Funds appropriated by Congress for certain
activities of the government to be disbursed at the discretion of certain
ofcials (ex. Intelligence funds); said funds must be disbursed only for
public purposes, supported by appropriated vouchers, and subject to
the guidelines as may be prescribed by law.
8.Automatic re-appropriation If, by the end of the fscal year, the
Congress shall have failed to pass the general appropriations bill for
the ensuing fscal year, the general appropriations law for the
preceding fscal year shall be deemed re-enacted and shall remain.
9.Section 29 (2) prohibits appropriations for sectarian beneft.
- Aside from the express exceptions, payment to ecclesiastics is not
prohibited when they do not act as such.
- Implied Limitations on the Power to Appropriate
1. The appropriation must be devoted to a public purpose.
2. The sum authorized to be released must be determinate or at least
determinable.

ii. Presidential Veto and Congressional Override
- General rule: If the President disapproves a bill enacted by Congress,
he should veto the entire bill. He is not allowed to veto separate items
of a bill.
- Exceptions: Item-veto is allowed in case of appropriation, revenue and
tarif bills. (Section 27[2], Article VI)
- Exceptions to the exception:
1. Doctrine of Inappropriate Provisions a provision that is
constitutionally inappropriate for an appropriation bill may be singled
out for veto even if it is not an appropriation or revenue item.
(Gonzales v. Macaraig, G.R. No. 87636, November 19, 1990)
2. Executive Impoundment refusal of the President to spend
funds already allocated by Congress for a specifc purpose. It is the
failure to spend or obligate budget authority of any type.
(PHILCONSA v. Enriquez, G.R. No. 113105, August 19, 1994)
- If the President exercises his power to veto, he must return the bill with
his objections to the House where it originated. The House may either:
1. Take into account the objections made by the President and make
corresponding amendments in the bill. The bill, as amended, will again
be presented to the President for his approval; or
2. Invalidate the veto and convert the bill into law over the
objections of the President when concurred by the vote of 2/3 of all the
members of each House (the House where it originated and the other
House). (Section 27[1])
- The President shall communicate his veto of any bill to the House
when it originated within 30 days after the date of receipt thereof;
otherwise, it shall become a law as if had signed it. (Section 27[1])
2. Non-Legislative
a. Informing Function
- Informing Function investigating for the purpose of
enlightening the electorate.
- The informing function is diferent from the investigation in
aid of legislation or by way of oversight.