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L AW R E V I E W

POLITICAL

ARTICLE VI LEGISLATIVE DEPARTMENT

change shall be allowed after the list shall have submitted to the COMELEC
except in cases where nominee dies, or withdraws in writing his nomination,
becomes incapacitated , in which case the names of the substitute nominee
shall be placed in the list. Failure to submit the list of five nominees before the
election warrants the cancellation of the partys registration. The party-list
representatives shall constitute 20% of total number of the members of the
House of Representatives.

Legislative power it is the power to propose, enact, amend and repeal laws.
Where Vested It is vested in Congress, except to the extent reserved to the
people by the provision on initiative and referendum.

Initiative. It is the power of the people to propose amendments to the

Constitution or to propose and enact legislation through an election called for
that purpose.
Indirect Initiative. Is the exercise of initiative by the people through proposition
sent to Congress or local legislative body for action.
Referendum. Power of the elcctorate to approve or reject legislation through an
election called for the purpose.
o 3 systems of initiative. Initiative on statutes which refers to a petition
proposing to enact a national legislation. Initiative on Constitution which
refers to a petition proposing amendments to the Constitution. Initiative on
local legislation which refers to a petition proposing to enact a regional,
provincial, city, municipal or barangay law, resolution or ordinance.
o Prohibited Measures. The following cannot be the subject of an initiative
and referendum petition. 1. No petition embracing more than one subject
shall be submitted to the electorate; and 2. Statutes involving emergency
measures, the enactment of which is specifically vested in Congress by
the Constitution, cannot be subject to referendum until 90 days after their
effectivity.
o Local initiative cannot be exercised more than 1 year.

In determining the allocation of seats for the party-list representative, the

following procedure shall be observed:
The parties, orgs, and coalition shall be ranked from highest to the lowest
based on the number of votes they garnered during elections; and
The parties, orgs, and coalitions receiving at least 2% of the total votes cast for
the party-list system shall be entitled to 1-seat each, provided, that those
garnering more than 2% of the votes shall be entitled to additional seats in
proportion to their total number of votes; provided finally, that each party,
orgs or coalition shall be entitled to more than 3 seats.
VETERANS FEDERATION PARTY vs COMELEC. The court said that the
Constitution and RA 7941 mandate at least 4 inviolable parameters, to wit:
The 20% allocation the combined number of all party list congressmen shall
not exceed 20% of the total membership of the HOR.
The 2% threshold only those parties garnering a minimum of 2% of the total
valid votes cast for the party-list are qualified to have a seat in the house.
The 3-seat limit each qualified party, regardless of the number of votes it
actually obtained, is entitled to a maximum of 3 seats, i.e., one qualifying
and 2 additional.
Proportional representation additional seats which is qualified party is entitled
to shall be computed in proportion to their total number of votes

Composition of House of Representative. Until a law is passed, the President

may fill by an appointment from a list of nominees by the respective sectors the
seat reserved for sectoral representation. These appointments shall be subject
to confirmation by the Commission on Appointments.
Apportionment of Legislative Districts. The question of the validity of
apportionment law is justiciable question.

Any elected party-list representative who changes his political affiliation or paty
during his term of office shall forfeit his seat; provided that if he changes his
political party or sectoral affiliation w/in 6 months before election, he shall not be
eligible for nomination as party-list representative under his new party or org.

Each City with not less than 250K inhabitants shall be entitled to at least 1
representative; and Each province, irrespective of number of inhabitants, is
entitled to at least 1 reprensentative. Take note that the City must first attain
the 250K requirement, and thereafter, in the immediately following election,
such city shall have a district representative.
SEMA VS COMELEC. The Congress cannot validly delegate to the ARMM
Regional Assembly the power to create legislative districts. The power to
increase the allowable membership in the HOR and to reapportion legislative
district is vested exclusively in Congress.

LOZADA vs COMELEC. To fill a vacancy in the legislative department, but

elected member shall serve only for the unexpired portion of the term.
Joint Sessions: Voting Separately.
Choosing the President
Determine Presidents disability
Confirming nomination of the Vice president
Declaring the existence of a state of war
Proposing constitutional amendments.

Registration; Manifestation to participate in the Party-list system. Any

organized group of persons may register as party, organization or coalition for
such purpose by filing with the COMELEC not later than 90 days before the
election a petition verified by its president or secretary stating its desire to
participate in the party-list system as a national, regional, or sectoral party or
organization or a coalition if such parties or organization. Those already
registered need not register anew, but shall file with the COMELEC not later
than 90 days before the election a manifestation of its desire to participate in
the party-list system.

AVELINO vs CUENCO. The basis for determining the existence if a quorum in

the Senate shall be the total number of Senators who are in the country and
within the coercive jurisdiction of the Senate.
PAREDES vs SADIGANBAYAN. The suspension contemplated in the
Constitution (Art. VI, Sec 16(3)) is different firm the suspension prescribed in
the anti-Graft and Corrupt Practices Act. The latter is not a penalty but a
preliminary preventive measure and is no imposed upon the petitioner for
misbehavior as member of Congress.

PHILIPPINE GUARDIANS BROTHERHOOD, INC vs COMELEC. The plain

clear and unmistakable language if the law provides for two separate reasons,
among others, for delisting a party-list group, namely, it failed to participate in
the last 2 preceding elections, and that it failed to obtain at least 2% of the
votes cast in the two preceding elections for the constituency in which it is
registered.

MABANAG vs LOPEZ VITO. An Enrolled bill is one duly ntroduced and finally
passed by both Houses, authenticated by the proper officers of each, and
approved by the President.

ABANG LINGKOD PARTY-LIST vs COMELEC. Track record is a record of past

performance often taken as an indicator of likely future performance. There is no
basis in law and established jurisprudence to insist that groups seeking
registration under the party-list system still needs to comply with the track record
requirement.
Each registered party, organization, or coalition shall submit to the COMELEC
not later than 45 days before the election a list of names, not less than 5, from
which a party-list representatives shall be chosen in case it obtains the
required number of votes. A person may be nominated in 1 list only. Only
persons who have given their consent in writing may be named in the list. The
list shall not include any candidate for any elective office or a person who has
lost his bid for an elective office in the immediately preceding election. No

BONDOC vs PINEDA; TANADA vs CUENCO. The HRET was created as a

non-partisan court. It must be independent of Congress and devoid of patisan
influence and consideration. Disloyalty to the party and Breach of party
discipline are not valid grounds for the expulsion of a member. HRET members
enjoy security of tenure; their membership may not be terminated except for a
just cause such as expiration of congressional term, death, resignation from
political party, formal affiliation with another political party, or removal for other
valid causes.
SAMPAYAN vs DAZA. HRET shall be the sole judge of all contests relating to
the election, returns, and qualifications (ERQ) of its members.
AQUINO vs COMELEC. However, the HRET may assume jurisdiction only after
the winning candidate (who is a party to the election controversy) shall have

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L AW R E V I E W

POLITICAL

been duly proclaimed, has taken his oath of office and has assumed the
functions if the office, because it is only then that he is said to be a member of
the House.

indicating one subject where another or different one is really embraced in the
act, or in omitting any expression or indication of the real subject of scope of the
act.

VILANDO vs HRET. But the power of HRET, no matter how complete and
exclusive, does not carry with it the authority to delve into the legality of the
judgment of the naturalization of respondents father, in the pursuit of
disqualifying the representative.

It is important to emphasize that it is not the law, but the bill, which is required to
originate exclusively in the HOR, because the bill may undergo such extensive
changes in the Senate that the result may be rewriting of the whole. The
Constitution does not prohibit the filing in the Senate if a substitute bill in
anticipation of its receipt of the bill from the House bill. Such act does not
contravene the constitutional requirement that a bill of local application should
originate in the HOR as long as the Senate does not act thereupon until it
receives the House Bill.

ANGARA vs ELECTORAL COMMISSION. The electoral Tribunal is

independent of the Houses of Congress.
PENA vs HRET. Decision of HRET may be reviewed by the SC only upon
showing of grave abuse of discretion in a petition for certiorari filed under Rule
65 of the ROC.

Approval of bills. The bill becomes a law in any of the following cases:
President approves the same and signs it.
When Congress overrides the Presidential Veto. If the president disapproves
the bill, he shall return the same, with his objections thereto contained in his
Veto Message, to the House of Origin. The Veto is overridden upon a vote
of 2/3s of all members of the House of Origin and the other House.
o No pocket Veto
o Partial Veto. As a rule, partial Veto is invalid. It is allowed only for
particular items in an appropriation, revenue, or tariff bill.
o Legislative Veto. A congressional Veto is a means whereby the
legislature can block or modify administrative action taken under a
statute. It is a form of legislative control in the implementation of
particular extensive action

COMMISSION ON APPOINTMENTS (CoA). GUINGONA vs GONZALES. The

SC held that a political party must have at least two elected senators for every
seat in the CoA.
CoA shall act on all appointments submitted to it within 30 session days of
Congress from their submission. The Commission shall rule by a majority vote
of its members.
IMBONG vs OCHOA. The one subject-one title rule expresses the principle
that the title of the law must not be so uncertain that the average person
reading it would not be informed of the purpose of the enactment or out on
inquiry as to its contents, or which is misleading, either in referring to or