Personal Notes of

Leonardo Martin T. Fontanilla

Far Eastern University
Institute of Law
LEGISLATIVE DEPARTMENT
Where vested?
ANS: Legislative power shall be vested in the Congress of the
Philippines, which shall consist of a Senate and a House of
Representatives.
Exception: except to the extent reserved to the people by the
provision on initiative and referendum.1
Initiative the power of the people to propose amendments to the
Constitution or to propose or enact legislation through an election
called for the purpose.
Referendum power of the electorate to approve or reject legislation
through an election called for that purpose.
What is Legislative Power (LAR)
ANS: is the authority to make laws and to alter, or repeal them.
Non-Delegation Rule
Potestas delegata non delegari potest What has been delegated
cannot be delegated.
May the Congress delegate its legislative power?
General Rule: NO
Reason behind the law: Since the people have already delegated
legislative power to Congress, the latter cannot delegate it any further.
Exceptions: (These are called Permissive Delegations)
1) Delegation to LGUs.
2) Delegation to administrative bodies.
3) Delegation to the people at large.
4) Delegation of tariff powers to the President.
5) Delegation of emergency powers to the President.
6) When the Constitution allows such delegation.
What are these specific powers delegated by the Congress?
ANS: Rule-making powers; and 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.
Contingent Legislation is where the effectivity of the law is made
dependent on the verification by the Executive of the existence of
certain conditions.2
Tests for Valid Delegation
1) Completeness Test The law must be complete in all
essential terms and conditions before it leaves the
legislature so that there will be nothing left for the delegate to
do when it reaches him except to enforce it.
2) Sufficient Standard Test - is intended to map out the
boundaries of the delegates authority by defining the legislative
policy and indicating the circumstances to which it is to be
pursued and effected.
1 Art VI, Sec 1 1987 Constitution
2 ABAKADA v. Executive Secretary

Personal Notes of
Leonardo Martin T. Fontanilla
Far Eastern University
Institute of Law
The law must fix a standard, the limits of which are sufficiently
determinate or determinable, to which the delegate must conform in
the performance of his functions.
Plenary Congress may legislate on any subject matter provided that
the limitations are observed.
Limitations on the Legislative Power
1) Substantive Limitations these are limitations on the
content of the laws.
Example: No laws shall be passed establishing a state religion.
No laws shall be passed which impairs the freedom of speech.
2) Procedural Limitations limitations on the manner of
passing the law.
Example: Generally a bill must go through three readings on three
separate days.
A bill must be approved by the President to become a law.
SECTION 26. (1) Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the title thereof.
(2) No bill passed by either House shall become a law unless it has
passed three readings on separate days, and printed copies thereof in
its final form have been distributed to its Members three days before
its passage, except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or emergency. Upon
the last reading of a bill, no amendment thereto shall be allowed, and
the vote thereon shall be taken immediately thereafter, and the yeas
and nays entered in the Journal.
SECTION 27. (1) Every bill passed by the Congress shall, before it
becomes a law, be presented to the President. If he approves the
same, he shall sign it; otherwise, he shall veto it and return the same
with his objections to the House where it originated, which shall enter
the objections at large in its Journal and proceed to reconsider it. If,
after such reconsideration, two-thirds of all the Members of such House
shall agree to pass the bill, it shall be sent, together with the
objections, to the other House by which it shall likewise be
reconsidered, and if approved by two-thirds of all the Members of that
House, it shall become a law. In all such cases, the votes of each House
shall be determined by yeas or nays, and the names of the Members
voting for or against shall be entered in its Journal. The President shall
communicate his veto of any bill to the House where it originated
within thirty days after the date of receipt thereof; otherwise, it shall
become a law as if he had signed it.
(2) The President shall have the power to veto any particular item or
items in an appropriation, revenue, or tariff bill, but the veto shall not
affect the item or items to which he does not object.
NOTE: If these limitations are not exceeded, the Legislative Power is
plenary.
3 Ways a Bill becomes a Law
1) Every bill, in order to become a law, must be presented to and
signed by the President.

Personal Notes of
Leonardo Martin T. Fontanilla
Far Eastern University
Institute of Law
2) If the President does not approve of the bill, he shall veto the
same and return it with his objections to the House from which it
originated. The House shall enter the objections in the Journal
and proceed to reconsider it. The President must communicate
his decision to veto within 30 days from the date of receipt
thereof. If he fails to do so, the bill shall become a law as if he
signed it.
3) 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.
Composition, Qualifications, Composition and Term of Office
Senate

Composition

Qualifications

Term
Limitation of Term

House of
Representatives
Composed of twenty Not more than two
four (24) Senators3 hundred
fifty
elected by qualified members (250) unless
voters
otherwise fixed by
law.
1) must
be
a District
natural-born
Representatives
citizen
1) Natural-born
2) at
least
35
citizen
years of age
2) At
least
25
on the day of
years of age
the election
on the day of
3) Able to read
the election.
and write
3) Able to read
4) A
registered
and write.
voter
4) A
registered
5) Resident
of
voter in the
the
district which
Philippines for
he seeks to
at least 2 years
represent
immediately
5) Resident
of
preceding the
the
said
day
of
the
district for 1
election.
year
immediately
preceding the
day
of
elections
6 years
3 years
2
Consecutive 3
Consecutive
Terms
Terms

NOTE: Party-list representatives need not be a registered voter in

the district which he shall be elected, and a resident for the said
district.
Gerrymandering is the formation of a legislative district out of
separate territories so as to favor a particular candidate or a party.
Number of Party-List Representatives
3 Art 6, Sec 2

Personal Notes of
Leonardo Martin T. Fontanilla
Far Eastern University
Institute of Law
Constitute 20% of the total number of representatives, including those
under the party-list system.
Qualifications of Party-List Nominees (Format CA-CV-R Citizenship,
Age, Capability, Voting, and Residency)
1) Natural-Born citizen;
2) At least 25 years of age on the day of the election;
3) Able to read and write;
4) A registered voter;
5) Bona fide member of the party or organization, which he seeks to
represent for at least 90 days immediately preceding the day
of the election.
Grounds to Refuse or Cancel a Registration of a Party-List
(RAF-SVD-UCP)
1) it is a religious sect
2) it advocates violence or unlawful means to seek its goal
3) it is a foreign party or organization
4) it is receiving support from any foreign government.
5) It is violating election laws
6) It declares untruthful statements in its petition.
7) It ceased to exist for at least one year
8) It fails to participate in the last 2 preceding elections
Term v. Tenure
Definition
Term is the period during which the elected officer is legally
authorized to assume his office and exercise the power thereof.
Tenure is the actual period during which such officer holds his
position.
Term cannot be reduced. On the other hand, Tenure may, by law, be
limited.4
Example: By death or removal.
NOTE: Term may only be changed through amendment or revision.
SECTION 7. The Members of the House of Representatives shall
be elected for a term of three years which shall begin, unless
otherwise provided by law, at noon on the thirtieth day of June next
following their election.
No member of the House of Representatives shall serve for more
than three 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.

4 Dimaporo v. Mitra

Personal Notes of
Leonardo Martin T. Fontanilla
Far Eastern University
Institute of Law