Ended the Spanish Sovereignty Phil
CHAPTER 1: GENERAL CONSIDERATIONS
SCOPE OF THE STUDY
POLITICAL LAW: Branch of public law which
deals with the organization and operations of
the governmental organs of the State and
defines the relations of the state with the
inhabitants of its territory.
CONSTITUTIONAL LAW study of the
structures and powers of the government of RP
NECESSITY FOR THE STUDY
Every citizen should understand the
mechanics and motivations of his
government : Art 2, Sec 1
sovereignty resides in the people
and all governmental authority
emanates from them
o Upon involvement in public affairs
of every Filipino that the success
of the RP will depend
All educational institutions shall include
the study of Constitution as part of the
curricula.
BACKGROUND OF THE STUDY
Inhabitants of the Phil. consisted of
disparate tribes governed by system of
laws promulgated by the datu or a
council of elders fell under a foreign
power, bound by commercial ties
Discovery of Phil by Magellan common
rule of Spain 300+ years, abuses of the
government and the friars Filipinos
developed a sense of unity Rizal and
other propagandists, ignite spirit of
nationalism
Phil. Revolution started by Bonifacio
under the generalship of Aguinaldo
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
independence First Phil Republic,
Aguinaldo Pres Malolos Constitution,
new government was established; first
democratic constitution to be
promulgated in Asia
US planting seeds of another sovereignty
disregarded the declaration of
independence day Treaty on Paris
cession of Phil Is. by Spain to the US
Phil-American War
Americans organized a military govt but
consolidation of executive, legislative
and judicial authority in a military
government non-observance of the
doctrine of separation of powers
Schurman Commission First Phil
Comm. fact-finding survey of the Phil
Is. & submit appropriate
recommendations to the US Congress
Taft Commission Second Phil Comm.
took over all the legislative powers and
some of the executive and judicial
powers of the military govt
Spooner Amendment civil govt
William Howard Taft, governor
Phil Bill 1902 Phil Assembly was crated
(1907) to sit with the Phil Comm. in a
bicameral legislature, Sergio Osmena,
Speaker of the Phil Assembly 1907 Phil
Autonomy Act Jones Law
established inter alia a Phil Legislature
consisting of a Senate (Manuel L
Quezon) and a Hse of Rep (Sergio
Osmena)
Tydings-McDuffie Act authorized the
establishment of the Commonwealth of
the Phil Constitutional Convention
1935 Consti inauguration of the
Commonwealth government Quezon,
Pres & Osmena, VP
Tydings-McDuffie Act promised
 independence to the Fil prove their
capacity for democratic govt during 10
year transition period Second republic
of the Phil Jose P. Laurel, Pres during
the Japanese occupancy
Intensification of a subversive
movement by communist-oriented
groups, Pres. Ferdinand Marcos issued
Proclamation No 1081 Martial Law
Proclamation no 1102 1973 Consti
effective
Issue of validity of 1973 consti
ratification cases. Habeas Corpus Cases,
SC unanimously upheld the
proclamation of Martial Law
1973 Consti Pres Marcos issued Proc
No 2045 lifting Martial Law. However
he retained his standby legislative
powers promulgated National Security
Code and Public Order Act
Pres Marcos submitted on the 10th day
following the proclamation of the
winners in the snap election to be called
by the legislature on the strength of such
resignation. SC denied the petition and
sustained the resignation and the call.
Elections Marcos, Pres. Arturo Tolentino,
VP
People power, headed by Juan Ponce
Enrile and Fidel Ramos Corazon
Aquino, Pres & Salvador Laurel, VP
Freedom Constitution Plebiscite
CHAPTER 2: THE CONSTITUTION OF THE
PHILIPPINES
1987 Constitution FOURTH fundamental law
to govern the Philippines
Commonwealth Constitution (1935) FIRST
constitution; operative after the proclamation of
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
the Republic of the Philippines
INDEPENDENT Philippines July 4, 1946
1973 Constitution SECOND Constitution;
enforced during Marcos regime
PEOPLE POWER February 25, 1986
Freedom Constitution THIRD; effective
pending the adoption of a permanent
Constitution
President Corazon C. Aquino Proclamation 9
creation of a Constitutional Commission 50
members
** deadline: September 2, 1986
** Justice Cecilia Munoz-Palma accepted and
immediately undertook their mission
** October 15, 1986 approve the final draft
PLEBISCITE not within 60 days but within 3
months, to give people more opportunity to
study
**Plebiscite: February 2, 1987
OUTSTANDING FEATURES
18 articles
Many of the original 1935 provisions have been
restored legislative and executive
departments because of the revival of the
bicameral congress of the Philippines and the
strictly presidential system
Independence of the judiciary has been
strengthened - new provisions for appointment
and increase in its authority.
Bill of rights improved creation in the
document of a commission on human rights
 NATION racial or ethnic concept
Sounds like a political speech rather than a
formal document stating only basic precepts - Evidenced by its etymology
- Indicates a relation of birth or origin and
Inclusion of certain topics that have no place in implies a common race, usually
a Constitution sports, love, drugs, advertising characterized by community of language
etc and customs
- May comprise several states
SUPREMACY OF THE CONSTITUTION
STATE v GOVERNMENT
CONSTITUTION basic and paramount law to
which all other laws must conform and to STATE GOVERNMENT
which all persons must defer Principal Agent
abstraction Externalizes the state
** No act shall be valid if it conflicts with the and articulates its will
Constitution Element of the state

** All must bow to the mandate of this law

ELEMENTS OF THE STATE
PROSPECTS OF THE CONSTITUTION
1. PEOPLE
CONSTITUTION: 2. TERRITORY
3. GOVERNMENT
Quintessential rather than superficial, 4. SOVEREIGNTY
root and not the blossom
Base and framework, core of the dream PEOPLE
that must take shape People - Inhabitants of the state
It must grow within the society it seeks
to restructure and march space with There is no legal requirement as to the number
progress of the race
**numerous to be self-sufficing and to defend
themselves

CHAPTER 3: THE CONCEPT OF THE STATE
STATE community of persons, more or less
numerous, permanently occupying a fixed
territory and possessed of an independent
government organized for political ends to
which the great body of inhabitants render
habitual obedience
STATE v NATION
STATE legal concept
**small enough to be easily administered and
sustained
People must come from both sexes to be able
to perpetuate themselves
People are more comprehensive and less
cohesive than the nation
NATION: starting as an amorphous group of
individuals inhabiting same territory, the people
may develop and share certain characteristics
and interests, such as common language,

BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
common religion, and a common set of
customs and traditions that will unite them into
a more closely-knit entity
NATION: a people bound together by common
attractions and repulsions into a living
organism possessed of a common pulse, a
common intelligence and inspiration, and
destined apparently to have a common history
and a common fate
TERRITORY
TERRITORY fixed portion of the surface of
the earth inhabited by the people of the State
Practical requirement ONLY must be neither
too big as to be difficult to administer and
defend nor too small as to be unable to provide
the needs of the population
COMPONENTS OF TERRITORY
Terrestrial domain land mass
Maritime and fluvial domain inland and
external waters
Aerial domain air space above the land and
waters
Art 1 NATIONAL TERRITORY
The national territory comprises the
Philippine archipelago, with all the islands
and waters embraced therein, and all other
territories over which the Philippines has
sovereignty or jurisdiction, consisting of its
terrestrial, fluvial, and aerial domains,
including its territorial sea, the seabed, the
subsoil, the insular shelves and other
submarine areas. The waters around,
between and connecting the islands of the
archipelago, regardless of their breadth and
dimension, form part of the internal waters
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
of the Philippines.
National territory by reference to the pertinent
treaties concluded by the US during its regime
in this country, the present rule now physically
lists the components of our territory and so
de-emphasizes recollections of our colonial
past
The article has deleted reference to the
territories we claim by historic right or legal
title, but this does not mean an outright and
formal abandonment of such claim, which was
best left to a judicial body capable of passing
judgment over the issue
SECOND SENTENCE archipelagic doctrine
which we connect the outermost points of our
archipelago with straight baselines and
consider all the waters enclosed thereby as
internal waters
ARCHIPELAGO regarded as one integrated
unit instead of being fragmented into so many
thousand islands
TERRITORIAL SEAS defined according to the
Jamaica Convention on the Law of the Sea
DEFINITION IN ART. 1
1. Those ceded to the US by virtue of the
Treaty of Paris of Dec 10, 1898
2. Defined in the treaty concluded between
the US and Spain on Nov 7, 1900, which
were not defined in the treaty of Paris,
specifically islands of Cagayan, Sulu and
Sibuto
3. Defined in the treaty concluded on jan 2,
1930, between US and Great Britain,
specifically the Turtle and Mangsee
islands
4. The island of Batanes, which was
covered under a general statement in the
1935 Consti
 5. Those contemplated in the phrase
belonging to the Phil by historic right
and legal title in the 1973 Consti
GOVERNMENT
GOVERNMENT agent or instrumentality
through which the will of the State is
formulated, expressed and realized
No particular form of government is prescribed,
provided that the government is able to
represent the State in its dealings with other
states.
OUR GOVERNMENT democratic and
republican
DIRECT STATE ACTION the mandate of the
government from the state is to promote the
welfare of the people. Whatever is good is done
by the government is attributed to the State but
every harm inflicted on the people is imputed
not to the State but to the government alone.
Such inquiry may justify the replacement of the
government by revolution, theoretically at the
behest of the State.
A.) FUNCTIONS
2 KINDS OF FUNCTIONS
5. Constituent
6. Ministrant
CONSTITUENT FUNCTIONS constitute the
very bonds of society and are therefore
compulsory.
7. Are exercised by the State as attributes
of sovereignty
MINISTRANT FUNCTIONS undertaken to
advance the general interests of the society,
such as public works, public charity, and
regulation of trade and industry. These
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
functions are merely optional. Basic function:
maintaining peace and order
8. promote the welfare, progress and
prosperity of the people
Irrelevant distinction because of the laissez
faire policy in the constitution
** it is now obligatory on the state to:
** promote social justice
** provide adequate social services to
promote a rising standard of living
** afford protection to labor
** formulate and implement urban and
agrarian reform programs
** adopt other measures intended to
ensure the dignity, welfare and security of the
citizens
** establish and maintain a complete,
adequate and fully integrated system of
education
** offer free elementary and secondary
public education
** promote scientific research and
invention
** patronize arts and letters and develop
Filipino culture for national identity
**THESE FUNCTIONS WHILE TRADITIONALLY
REGARDED AS MERELY MINISTRANT AND
OPTIONAL, HAVE BEEN MADE COMPULSARY
BY THE CONSTITUTION
B.) DOCTRINE OF PARENS PATRIAE
PARENS PATRIAE guardian of the rights of
the people
** it is buttressed by its adherence to the dominated as a government of
concept that the judiciary, as an agent of the paramount force
State acting as parens patriae, is called upon
**Second Republic of the Phil De Facto
whenever a pending suit or litigation affects
Government established by the Japanese
one who is a MINOR to accord prority to his
belligerent during the occupation of the
best interest
Philippines in WW II
** parens patriae in representation of the
CHARACTERISTICS OF DE FACTO
legitimate claimants
GOVERNMENT
** the prerogative of parens patriae is inherent
1. Existence is maintained by active
in the supreme power of every State, whether
military power within the territories and
that power is lodged in a royal person or in the
against the rightful authority of an
legislature, and has no affinity to those arbitrary
established and lawful government
powers which are sometimes exerted by
2. During its existence, it must necessarily
irresponsible monarchs to the detriment of the
be obeyed in civil matters by private
people and the destruction of their liberties
citizens who, by acts of obedience
C.) DE JURE AND DE FACTO rendered in submission to such force, do
GOVERNMENTS not become responsible, as wrongdoers,
for those acts, though not warranted by
DE JURE GOVERNMENT has rightful title but
the laws of the rightful government
no power or control, either because this has
been (1) withdrawn from it or because it has (2) ** They are usually administered by military
not yet actually entered into exercised thereof. authority, supported more or less directly by
military force
DE FACTO GOVERNMENT government of
fact, actually exercises power or control but ** government of Corazon Aquino DE JURE
without legal title GOVT the people have made the judgment,
govt in fact and in law, in effective control of the
3 KINDS OF DE FACTO GOVT
entire country, community of nations has
1. Government that gets possession and recognized the legitimacy of the present govt
control of, or usurps, by force or by the
D.) GOVERNMENT OF THE PHILIPPINES
voice of the majority, the rightful legal
government and maintains itself against GOVT OF THE PHIL corporate governmental
the will of the latter entity through which the functions of govt re
2. That established as an independent exercised throughout the Phil
government by the inhabitants of a
GOCCs engaged in proprietary functions
country who rise in insurrection against
CANNOT be considered part of the govt for
the parent state
purposes of exemption from the application of
3. That which is established and
the statute of limitations.
maintained by military forces who invade
and occupy a territory of the enemy in E.) ADMINISTRATION
the course of war, and which is
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
ADMINISRATION group of persons in whose
hands the reins of the government are fr the
time being
** Administration runs the government
** administration is TRANSITIONAL,
government is PERMANENT
SOVEREIGNTY
SOVEREIGNTY supreme and uncontrollable
power inherent in a State by which that State is
governed
2 KINDS OF SOVEREIGNTY
- Legal
- Political
LEGAL SOVEREIGNTY authority which has
the power to issue final commands
POLITICAL SOVEREIGNTY power behind the
legal sovereignty, or the sum of the influences
that operate upon it
Congress: Legal Sovereignty :: different sectors
that mold public opinion: Political Sovereignty
- Internal
- External
INTERNAL SOVEREIGNTY refers to the power
of the state to control its domestic affairs
EXTERNAL SOVEREIGNTY (INDEPENDENCE)
power of the state to direct its relations with
other states
CHARACTERISTICS OF SOVEREIGNTY
- Permanent
- Exclusive
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
- Comprehensive
- Absolute
- Indivisible
- Inalienable
- Imprescriptible
** sovereignty is not deemed suspended
although acts of sovereignty cannot be
exercised by the legitimate authority.
** there can be no change of sovereignty during
a belligerent occupation, the political laws of
the occupied territory are merely suspended,
subject to revival under the jus postliminium
upon the end of the occupation
POSTLIMINIUM. That right in virtue of which
persons and things taken by the enemy are
restored to their former state, when coming
again under the power of the nation to which
they belong.
** non-political laws are deemed to continue
unless changed by the belligerent occupant
since they are intended to govern the relations
of individuals as among themselves and are not
generally affected by changes in regime of
rulers
**rule suspending political laws affects only the
civilian inhabitants of the occupied territory and
is not intended to bind the enemies in arms
JUDICIAL DECISIONS valid during the
occupation and even beyond except those of a
political complexion, which are automatically
annulled upon the restoration of the legitimate
authority
** where there is a change of sovereignty, the
political laws of the former sovereign are not
merely suspended but abrogated
** as they regulate the relations between, the
ruler and the ruled, these laws fall to the ground
of ipso facto unless they are retained or
re-enacted by positive act of the new sovereign
** non-political laws continue in operation, for
the reason that they only regulate private
relations, unless they are changed by the new
sovereign or are contrary to its institutions.
** total abrogation of political relations of the
inhabitants that all laws in force which are in
conflict with the political character,
constitution, or institutions of the substituted
sovereign lose force
ACT OF STATE
ACT OF STATE is done by the sovereign power
of a country, or by its delegate, within the limits
of the power vested in him.
**Act of state cannot be questioned or made
the subject of legal proceedings in a court of
law
ACT OF STATE act done by the political
departments of the government and not subject
to judicial review
CHAPTER 4: THE DOCTRINE OF STATE
IMMUNITY
The state may not be sued without its consent.
- Recognition of the sovereign character
of the state and an express affirmation
of the unwritten rule insulating it from
the jurisdiction of the courts of justice
BASIS
The doctrine of non-suability is based not on
any formal conception or obsolete theory but
on the logical and practical ground that there
can be no legal right against the authority
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
which makes the law on which the right
depends
** practical consideration that the demands
and inconveniences of litigation will divert the
time and resources of the State from the more
pressing matters demanding its attention to the
prejudice of the public welfare
** principle of the sovereign equality of states,
under which one state cannot assert
jurisdictionover another in violation of the
maxim PAR IN PAREM NON HABET
IMPERIUM unduly vex the peace of nations
APPLICATION
Actions are rarely instituted directly against the
Republic of the Philippines, presumably
because such a step will provoke resort to the
doctrine of state immunity and possible
dismissal of the complaint for lack of
jurisdiction.
Alternative: file such claims not against the
state itself but against the officer of the
government who is supposed to discharge the
responsibility or grant the redressed demanded
To determine if the state is the real party in
interest, that is, that the claim if proved will be a
direct liability off the state and not merely of the
officer impleaded
An action can be dismissed as a suit against
the State unless its immunity had been
previously waived.
Government to perform an affirmative act to
satisfy the judgment, viz, thus the appropriation
of the necessary amount to cover the damages
awarded, thus making the action a suit against
that government without its consent
Suit against the state = appropriation of public
funds to satisfy the judgment if the claim were
allowed
Claim for recovery of damages = require the
government to appropriate the necessary
amount for the satisfaction of the judgment
Public officer acts without or in excess of his
jurisdiction, any injury caused by him =
PERSONAL LIABILITY
WAIVER OF IMMUNITY
THE ROYAL PREROGATIVE OF DISHONESTY
State may be sued if it gives its consent
State may, divest itself of its sovereign
immunity and thereby voluntarily open itself to
suit
FORMS OF CONSENT
Express consent
Implied consent
Express Consent - manifested either through a
general law or a special law
Embodied in duly enacted statute and
may not be given by a mere counsel of
the government
Implied Consent - state itself commences
litigation or when it enters into a contract
The doctrine of governmental immunity from
suit cannot serve as an instrument for
perpetrating an injustice on a citizen
When the government enters into a contract, for
the State is then deemed to have divested itself
of the mantle of sovereign immunity and
descended to the level of the ordinary individual
becomes subject to judicial action and
processes
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
Suability would follow only if the contract s
entered into by the government in its
proprietary capacity. Governmental contracts
do not result in implied waiver of the immunity
of the State from suit
The traditional rule of State immunity exempts
a state from being sued in the courts of another
state without its consent or waiver.
Necessary consequence of the principles of
independence and equality of states
FUNCTIONS OF THE GOVERNMENT
Jure Imperii sovereign and
governmental acts
Jure gestionis private, commercial and
proprietary
** State immunity extends only to acts Jure
Imperii
State may e said to have descended to the level
of an individual and can thus be deemed to
have tacitly given its consent to be sued only
when it enters into business contracts. does
not apply where the contract relates to the
exercise of its sovereign functions
When the State gives its consent to be sued, it
does not thereby also consent to the execution
of the judgment against it.
UNIVERSAL RULE: where the state gives it
consent to be sued by private parties either by
general or special law, it may limit claimants
action only up to the completion of
proceedings anterior to the stage of execution
and that the power of the courts ends when the
judgment is rendered. writ of execution or
garnishments to satisfy such judgment
SUIT AGAINST GOVT AGENCIES
Where suit is filed not against the government
itself or its officials but against one of its
entities, it must be ascertained whether or not
the State, as the principal may ultimately be
held liable, has given its consent to be sued.
Incorporated agency
Unincorporated agency
INCORPORATED AGENCY has a charter of its
own that invests it with a separate judicial
personality
Incorporated if the test of its suability is
found it its charter
o Suable regardless of the function
it is performing
UNINCORPORATED AGENCY no separate
judicial entity but is merged in the general
machinery of the govt
Municipal Corporations (provinces and cities)
are agencies of the state when they are
engaged in governmental functions, should
enjoy the sovereign immunity from suit
Subject to suit even in the performance
of such functions because their charter
provides that they can sue and be sued
UNINCORPORATED AGENCY no separate
juridical personality, any suit filed against it is
necessarily an action against the Phil Govt of
which it is a part
Necessary to determine the nature of the
functions in which the agency is
engaged, so as to hold it suable if they
are proprietary and not suable if they are
proprietary and not suable if they are
governmental
Test in every case is the suable of the
primary functions being discharged
The non-suablity of the State is available to the
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
agency even if it is shown that it is engaged not
only in governmental functions but also, as a
sideline, or incidentally, in proprietary functions
Additional work an agency executes for private
parties is merely incidental to its function, and
although such work may be deemed proprietary
in character, there is no showing that the
employees performing said proprietary function
are separate and distinct from those employed
in its general governmental functions.
An office of the govt, without any corporate or
juridical personality cannot be sued any suit,
action or proceeding against it, if it were to
produce any effect, would actually be a suit,
action or proceeding against the govt itself, and
the rule is settled, that the govt cannot be sued
without its consent
EXEMPTION FROM LEGAL REQUIREMENTS
When the state litigates, either directly or
through its authorized officers, it is not required
to put up a bond for damages, or an appeal
bond since it can be assumed that it is always
solvent
Interest is also not chargeable against it except
when it has expressly stipulated to pay it or
when interest is allowed by an act of the
legislature in eminent domain cases where
damages sustained by the owner take the form
of interest at the legal rate
Statutes of limitation do not run against the
state unless the contrary is expressly provided
by law, although the rule is not observed where
the state is engaged in private business
SUABILITY vs LIABILITY
If the state is suable, it does not mean that it is
liable
Waiver of immunity by the state does not mean
concession of its liability
SUABILITY result of the express or implied
consent of the state to be sued
LIABILITY determined after hearing on the
basis of the relevant laws and the established
facts
When, therefore, he state allows itself to be
sued, all it does in effect is to give the other
party an opportunity to prove, if it can, that the
state is liable
MUNICIPAL CORPORATIONS can sue and be
sued not liable for torts committed by them in
the discharge of governmental functions and
can be held answerable only if it can be shown
that they were acting in a proprietary capacity
In permitting such entities to be sued,
the state merely gives the claimant the
right to show that the defendant was not
acting in its governmental capacity when
the injury was committed or that the
case comes under the exceptions
recognized by law failing this, the
claimant cannot recover
CHAPTER 5: FUNDAMENTAL PRINCIPLES AND
STATE POLICIES
ART II DECLARATION OF PRINCIPLES AND
STATE POLICIES
Lay down the rules underlying our system of
government and must therefore be adhered to
in the conduct of public affairs and the
resolution of public issues
Purpose emphasize and articulate more
unequivocally the objectives and limitations of
governmental actions in pursuit of the general
goals announced n the preamble
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
PREAMBLE
CHAPTER 8: THE LEGISLATIVE DEPARTMENT
The 1987 Consti revived the Congress of the
Phil. And represents a return to bicameralism
UNICAMERAL: Batasang pambansa,
Malolos Congress, Taft Commission
BICAMERAL: Phil. Bill of 1902
provided for a legislature consisting of a Phil
Assembly and the Philippine Commission
Jones Law House of Reps. And Senate
= PHIL LEGISLATURE
1987 Consti important modification that have
been introduced SECTION 1, ART 6 =
legislative power is now not exclusively vested
in the Congress, un view of the reservation
made regarding INITIATIVE and REFERNDUM
ART 6, SEC 1
The legislative power shall be vested in the
Congress of the Philippines which shall
consist of Senate and a House of the
Representatives, except to the extent
reserved to the people by the provision on
initiative and referendum.
Congress discharges powers of a
NON-LEGISLATIVE nature:
Canvass of the presidential election
Declaration of the existence of war
Confirmation of amnesties
Amendment or revision of the
constitution
 Impeachment
THE SENATE
COMPOSITION
Art6, Sec 2
24 senators elected at large
elected at large training ground for national
leaders, broader outlook of the problems of the
country, more circumspect and broad-minded
than the House of Reps.
QUALIFICATIONS
Art 6, Sec 3
No persons shall be a Senator unless he is
a natural-born citizen of the Philippines,
and, in the day of the election, is at least 35
years of age, able to read and write, a
registered voter, and a resident of the
Philippines for not less than 2 years
immediately preceding the day of the
election.
NATURAL BORN CITIZENS citizens of the
Phil from birth without having to perform any
act to acquire and perfect their Phil citizenship
AGE QUALIFICATIONS fixed at 35 on the day
of the elections and not on the day of the
proclamation of the winners.
LITERACY REQUIREMENT
RESIDENCE (domicile) place where one
habitually resides and to which, when he is
absent, he has the intention of returning.
Residence is in any part of the Philippines.
**the qualifications prescribed in this section
are continuing requirements. They must be
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
possessed for the entire duration of the
members incumbency.
**EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS
not competent for the Congress to provide by
mere legislation for additional qualifications
TERM
Art 6 Sec 4 and Art 18 Sec 2
Sec 4. The term office of the senators shall
be SIX YEARS and shall commence, unless
otherwise provided by law, mat noon on the
30th day of June next following their
election
Sec 2. The senators, members of the
House of the Reps, and the local officials
first elected under this Consti shall serve
until noon of June 30, 1992
Of the senators elected in the election of
1992, the first 12 obtaining the highest
number of votes shall serve for SIX YEARS
and the remaining 12 for THREE YEARS.
The continuity of the life of a Senate is intended
to encourage the maintenance of Senate
policies as well as help and train new comers in
the discharge of their duties.
Art 6, Sec 4
No senator shall serve for more than 2
consecutive terms. Voluntary renunciation
of the office for any length of time shall not
be considered as an interpretation in the
continuity of his service for the full term for
which he was elected.
The consti seems to be wary of elective
officials who stay too long in office, because
they may entrench themselves in the power to
the exclusion of other aspirants for the office
and prevent political dynasties
*NO SENATOR CAN SERVE NO MORE THAN 12
YEARS
* it might have been better to provide that the
term of office of the congress shall commence
on the first day of July and without waiting for
high noon.
THE HOUSE OF THE REPRESENTATIVES
COMPOSITION
2 kinds of members:
District Reps elected directly and personally
from the territorial unit he is seeking to
represent
Party-list Reps chosen indirectly, through the
party he represents
**party-list system innovation of the 19897
consti
Art 6, Sec 5
Not more than 250 members elected
from legislative districts apportioned
among the provinces
Part-list reps 20 % of the total
membership of the HR
Each legislative district with a population
of at least 250 thousand shall have at
least 1 rep.
(A) DISTRICT REP
200 members to be directly elected from the
various legislative districts, territory was
divided into 13 regions, in turn compromising
200 district apportioned among provinces
Validity of legislative apportionment measure
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
justiciable question involving as it does
certain requirements the interpretation of which
does not call for the exercise of legislative
discretion
(B) PARTY-LIST REP
Party-list rep shall constitute 20% of the total
membership of the body
RA 7941 not later than 90 days before
election day, any political party, organization or
coalition may file a verified petition through its
president or secretary for its participation in the
party-list system; published in at least 2
newspapers of gen circ and after due notice
and hearing be resolved within 15 days and in
no case later than 60 days before the election
The sectors shall include: labor, peasant,
fisher-folk, urban poor, indigenous cultural
communities, elderly, handicapped, women,
youth, veterans, overseas workers, and
professionals.
Upon reg, the pol party shall submit to the
COMELEC not later than 45 days before the
election 5 names from w/c its reps may be
chosen
EVERY VOTER SHALL BE ENTITLED OF 2
VOTES:
District rep
Pol party he wants represented in the HR
PARTICIPANTS IN THE PARTY-LIST ranked
accdg to the # of votes they received.
** AT LEAST 2% - 1 seat
** MORE THAN 2% - given additional seats
***but none of them shall have more than 3
seats
They shall have the same rights and be subject
to the same inhibition and disqualifications, the
SOLE EXCEPTION, cannot change his pol party
during his term of office.
If the change is made within 6 mos. before the
election, he shall not be eligible for nomination
QUALIFICATIONS
Art 6, Sec 6
No person shall be a member of the HR
unless he is a natural born citizen of the
Philippines and on the day of the election,
is at least 25 years of age, able to read and
write and except the party-list reps, a
registered voter in the district in which he
shall be elected, resident thereof for a
period of not less than 1 year immediately
preceding the day of the elections.
PARTY LIST REPS bona fide member of the
party he seeks to represent
YOUTH REP not be more than 30 years old,
but may continue beyond that age until the end
of his term
RESIDENCE MUST BE IN THE DISTRICT
ensure familiarity with the conditions and
problems of the constituency sought to be
represented and consequent efficiency and
concern in the discharge of legislative duties.
TERM
Art 6, Sec 7
The members of the HR shall be elected for
a s which shall begin unless otherwise
provided by law at noon on the 30th day of
June next following their election.
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
No member of the HR shall serve for more
than 3 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.
Purpose of reducing the term to 3 years is to
synchronize elections
MAX term: 3 TERMS or 9 CONSECUTIVE
YEARS
Reason: generally young than the
members of the Senate
ELECTION
Art 6, Sec 9.
In case of vacancy in the Senate or in the
HR, a special election may e called to fill
such vacancy in the manner prescribed by
law, but the Senator or member of the HR
thus elected shall serve only for the
unexpired term.
SALARIES
Art 6, Sec 10
The salaries of the senate and the
members of determined by law. No
increase in said compensation shall take
effect UNTIL AFTER THE EXPIRATION OF
THE FULL TERM of all members of the
senate and the HR approving such increase
Art 6, Sec 20
The records and books of accounts of the
Congress shall be preserved and be open
to the public in accordance with law and
such books shall be audited by the COA
 which shall be published annually and
itemized list of amounts paid to and
expenses incurred for each Member.
**no prohibition against the receipt of
allowances by the members of the Congress
** reduction of salaries is not prohibited. If any
increase is to be made, the same cannot be
effective during the term of the members of the
congress who have approved such increase
PARLIAMENTARY IMMUNITIES
Art 6, Sec 11
A senator or member of the HR shall, in all
offenses punishable by not more than 6
years imprisonment, be privileged from
arrest while the Congress is in session. No
member shall be questioned nor held liable
in any other place for any speech or debate
in the congress or in any committee
thereof.
2 KINDS OF IMMUNITIES
IMMUNITY FROM ARREST ensure
representation of the constituents of the
member of the Congress by preventing
attempts to keep him from attending its
sessions
PRIVILEGE OF SPEECH AND DEBATE
enables the legislator to express views
bearing upon public interest without fear
of accountability outside the halls of the
legislature for his inability to support his
statements with the usual evidence
required in the court of justice
(1) PRIVILEGE FROM ARREST
Covers not only civil arrests but also arrests for
criminal offenses punishable by not more than
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
6 years imprisonment
Applies only while the Congress is in session
SESSION does not refer to day to day
meetings but to the entire period from its initial
convening until its final adjournment
(2) PRIVILEGE OF SPEECH AND DEBATE
Requisites:
Remarks must be made while the
legislature or legislative committee is
functioning in session
Made in connection with the discharge
of official duties
in any other place he may be called to
account for his remarks by his own colleagues
in the congress itself.
CONFLICT OF INTEREST
Art 6, Sec 12
All members of the senate and the HR
shall, upon assumption of office, make a
full disclosure of their financial and
business interests. They shall notify the
House concerned of a potential conflict of
interest that may arise from the filing of a
proposed legislation of which they are
authors.
By requiring them to make known at the outset
their financial and business connections or
investments, it is hoped that their potential for
self-aggrandizement will be reduced and they
will be prevented from using their official
positions for ulterior purposes
INCOMPATIBLE AND FORBIDDEN OFFICES
Art 6, Sec 13
 No senator of members of the HR may hold
any other office or employment in the
Government, or any subdivision, agency or
instrumentality thereof, including GOCC
and their subsidiaries, during his term
without forfeiting his seat. Neither shall he
be appointed to any office which may have
been created or the emoluments thereof
increased during the term for which he was
elected
INCOMPATIBLE OFFICES which may not be
held by the legislator during his tenure in the
Congress
The prohibition is against the holding of an
incompatible office is not absolute; what is not
allowed is the simultaneous holding of that
office and the seat in the Congress.
Not every office or employment is to be
regarded as incompatible with the legislative
position
Membership in the Electoral Tribunal
Second ofc is an extension of the
legislative position or is in aid of
legislative duties
Who serve as treaty negotiators under
the Pres of the Phils continue to seat in
the Congress where they can work better
for the approval of the treaty and the
passage of thee needed implementing
legislation
FORBIDDEN OFFICE even if the member of
the congress is willing to forfeit his seat therein,
he may not be appointed to any office in the
government that has been created or the
emoluments thereof have been increased
during his term
Purpose: prevent trafficking in public office
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
The appointment of the member of the
congress to the forbidden office is not allowed
only during the term for which he was elected.
After such term, and even if the legislator is
re-elected, the disqualification no longer applies
and he may therefore be appointed to the office
INHIBITIONS AND DISQUALIFICATIONS
Art 6, Sec 14
No senator or member of the HR may
personally appear as counsel before any
court of justice or before the Electoral
Tribunals or quasi-judicial or other
administrative bodies, neither shall be
directly or indirectly, be interested
financially in any contract with, or in any
franchise or special privilege granted by
the Government or any subdivision, agency
or instrumentality thereof. He shall not
intervene any matter before any office of
the government for his pecuniary benefit or
where he may be called upon to act on
account of his office
Appearance of the legislator is now barred
before all courts of justice regardless of
rank, composition or jurisdiction
Purpose: prevent the legislator from exerting
undue influence, deliberately r not, upon the
body where he is appearing. The pressure may
not be intended; normally, the appearance is
enough, considering the powers available to the
legislator which he can exercise to reward or
punish a judge deciding his case.
The legislator-lawyer can still engage in the
practice of his profession except when it comes
to hearings and trials above-mentioned
Legislators are prohibited from being
 financially interest in any contract with the
government
Because of the influence they can easily
exercise in obtaining these concessions;
prevent abuses from being committed by the
members of the Congress to the prejudice of
the public welfare
**not every transaction is barred by this
provision. Only those involving financial
interests from which the legislator expects to
derive some profit at the expense of the
government
SESSIONS
Art 6, Sec 15
The congress shall convene once every
year on the 4th Monday of July for its
regular sessions, unless a different date is
fixed by law, and shall continue to be in
session for such number of days as it may
determine until 30 days before the opening
of its next regular session, exclusive of
Saturdays, Sundays and legal holidays. The
President may call a special session at any
time.
Max duration of 100 days for the regular
session and 30 days for the special session,
exclusive of Sundays COMMONWEALTH
CONSTITUTION
MANDATORY RECESS prescribed for the 30
day period before the opening of the next
regular session, excluding Sat., Sun., and legal
holidays
Presidents call not necessary (special
election):
Canvass the presidential elections
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
Call a special election when both the
presidency and vice-presidency are vacated
Exercise the power of impeachment
OFFICERS
Art 6, Sec 16 (1)
The senate shall elect its president and the
HR its speaker, by a vote of majority of all
its respective Members.
Each house shall choose such other
officers as it may deem necessary
QUORUM
Art 6, Sec 16 (2)
A majority of each house shall constitute a
quorum to do business, but a smaller
number may adjourn from day to day and
may compel the attendance of absent
embers in such manner, and under such
penalties, as such House may provide.
QUORUM any number sufficient to transact
business which may be less than the majority
of the membership
Art 6, Sec 16 (3)
Each house may determine the rules of its
proceedings punish its members for
disorderly behavior and with the
concurrence of 2/3 of all its members
suspend or expel a member. A penalty of
suspension, when imposed shall not
exceed 60 days
Rules of proceedings are needed for the orderly
conduct of the sessions of the congress. Such
rules are to be within the exclusive discretion of
the House to formulate and interpret and may
not be judicially reversed.
Authority to discipline its members can still be
exercised by each House as an inherent power,
with the concurrence of only a majority vote
SOFT IMPEACHMENT expulsion and
suspension are deletion of unparliamentarily
remarks from the record, fine, imprisonment
and censure
JOURNALS
Art 6, Sec 16 (4)
Each house shall keep a journal of its
proceedings and from time to time publish
the same, excepting such parts as may in
its judgment affect national security; and
the yeas and nays on any question shall at
the request of 1/5 of the members present
be entered in the Journal.
Each house shall also keep a Record of its
proceedings
JOURNALS record of what is done and past
in a legislative assembly.
Useful not only for authenticating proceedings
but also for the interpretation of laws through a
study of debates held thereon and for informing
the people of the official conduct of legislators
The publication of the journals is in line with the
right t information on matters of public concern
ENROLLED BILL which has been duly
introduced, finally passed by both houses,
signed by the proper officers of each, approved
by the governor and filed by the secretary of
state
Conflict between the recitals in the journals and
the version of the enrolled bill resolved be in
favor of the enrolled bill
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
Conflict on the verity of the real contents of the
bill look into the journal. no enrolled bill to
speak in view of the withdrawal of the
signatures of the president of the Phil and Sen
Pres
JOURNAL resume or minutes of what
transpired during a legislative session
ADJOURNMENT
Art 6, Sec 16 (5)
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 that in which 2 houses
shall be sitting
Restoration of bicameralism envisions
collaboration and coordination between the 2
chambers of the congress
Constant contact and communication between
the 2 bodies is necessary that there be prior
agreement before either of them decides to
adjourn for more than 3 days
Should not adjourn to a place other than where
both chambers are sitting, without the consent
of the other.
PLACE refers not to the building but to the
political unit where two houses may be sitting
ELECTORAL TRIBUNALS
Sole judge of all contests involving the election,
returns and qualifications of all members of the
legislature
Art 6, Sec 17
The senate and the HR shall each have an
 Electoral Tribunal which shall be the sole
judge of all contests relating to the
election, returns and qualifications of their
respective members. Each electoral
tribunal shall be composed of 9 members,
3 of whom shall be justices of the SC and
the remaining 6 shall be members of the
Senate or HR, as the case may be, who
shall be chosen on the basis of
proportional representation from the
political parties and the parties and
organizations registered under the
party-list system represented therein. The
senior justice in the electoral tribunal shall
be its Chairman
1987 consti favors the multi-party system as
against the 2-party system
Tanada v Cuenco : the legislative seats in the
Electoral Tribunals belonged to the majority and
minority parties in the chamber, not to the
chamber itself or to the majority party therein/
Electoral Tribunals are also entitled to nominate
their own reps.
In the discharge of their duties, they are
independent of the legislature and also of the
other depts. for that matter
Electoral tribunals have the exclusive right to
prescribe its own rules of procedures
Decisions rendered are not appealable
The employees of the Electoral Tribunal are its
own, and neither of the Senate nor the HR nor
of any other entity and it stands to reason that
the appointment, the supervision and the
control over the said employees are wholly
within the tribunal itself
COMMISSION ON APPOINTMENTS
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
Art 6, Sec 18
There shall be a commission on
appointments consisting of the president
of the senate, as an ex officio chairman, 12
senators and 12 members of the HR,
elected by each House on the basis of
proportional representation from the
political parties and parties or
organizations registered under the
party-list system represented therein. The
chairman of the commission shall not vote
except in case of a tie. The commission
shall act on all appointments submitted to
it within 30 session days of the congress
from their submission. The commission
shall by rule a majority vote of all the
members
ORGANIZATION
Art 6, Sec 19
The Electoral tribunals and Commission on
Appointments shall be constituted within
30 days after the senate and the HR shall
have been organized with the election of
the president and the speaker. The
commission on appointments shall meet
only while the congress is in session, at the
call of its chairman or a majority of all its
members, to discharge such powers and
functions as are herein conferred upon it.
This provision is based on the need to enable
the President to exercise his appointing power
in coordination with the Comm on
Appointments
Appointments are made during the recess and
subject to consideration later by the
commission for confirmation or rejection

But where the congress is in session, the pres
must first clear his nominations with the
commission
Unless it is organized, no appointment can be
made by the pres in the meantime
CHAPTER 9: POWERS OF THE CONGRESS
Powers of the Congress
Legislative specific powers of
appropriation, taxation, and
expropriation
Non-legislative power to canvass the
presidential elections, declare the
existence of war, give concurrence to
treaties and amnesties, propose
constitutional amendments, and to
impeach.
From such express powers may be derived
some implied powers, such as the power to
punish contempt in legislative investigations
Congress possess inherent powers such as the
determination of its rules of proceedings and
the discipline of its members
LEGISLATIVE POWERS IN GENERAL
LEGISLATIVE POWER the power of
law-making, the framing and enactment of
laws, effected through the adoption of a bill, or
a proposed or projected law, w/c once
approved, becomes a statute
STATUTE written will of the legislature,
solemnly expressed accdg to the forms
necessary to constitute it the law of the state
POWER TO MAKE LAWS includes the power
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
to repeal and alter them
On the question of which should prevail as
between the executive agreements and the
statutes = STATUTES
Main function of the executive is to
enforce laws enacted by the Congress. The
executive must not interfere in the performance
of the legislative and may not defeat legislative
enactments by indirectly repealing the same
through an executive agreement providing for
the performance of the very act prohibited by
such laws.
PROCEDURE
Bill is introduced by any member of either
chambers
FIRST RDG: number and title of the bill, referral
to the proper committee for study, public
hearings are held
If other bills are of the same nature or purpose,
they may all be consolidated into one bill.
SECOND RDG: read in its entirety, scrutinized,
debated, upon and amended when desired.
IF bill is approved in the 2nd rdg, the bill is
printed in its final form and copies are
distributed 3 days before the 3rd reading
THIRD RDG: members merely register their
votes.
Once the bill passes 3rd rdg, it is sent to the
other chamber.
If there are differences between the versions
approved by the 2 chambers, a CONFERENCE
COMMITTEE representing both houses will
draft a compromise measure that if ratified by
the senate and the HR will then be submitted to
the president for his consideration.
THE BILL IS ENROLLED when printed as finally
approved by the Congress, thereafter
authenticated with the signatures of the Sen
Pres, the Speaker and the Sec of their
respective chambers and approved by the pres.
ORIGIN OF BILLS
Art 6, Sec 24
All appropriation, revenue or tariff bills, bills
authorizing increase of the public debt, bills
of local application and private bills shall
originate exclusively in the HR, but the
senate may propose or concur with
amendments
PURPOSE: more numerous in membership
more representative of the people, more
familiar with the needs of the country
APPROPRIATION BILL primary and specific
purpose is to authorize the release of funds
from the public treasury
REVENUE BILLS levies taxes and raises fund
for the govt
TARIFF BILLS rate or duties to be imposed on
imported articles
BILL INCREASING THE PUBLIC DEBT floating
bonds for public subscription
BILL OF LOCAL APPLICATION purely local or
municipal matters, ex city charter
PRIVATE BILLS bill granting honorary
citizenship
For senate to introduce what is known as
AMENDMENT BY SUBSTITUTION, w/c may
replace the bill initiated in the HR
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
Consti means: the initiative must come from
the HR
PROHIBITED MEASURES
Impairing the doctrine of separation of
powers
Providing for the appointment of elected
officers
Prohibitions in the bill of rights
o Enactment of ex post facto laws
o Bill of attainders
o Laws impairing the obligation of
contracts
Art 6, Sec 31
No law granting a title of royalty or nobility
shall be enacted
PURPOSE: preserve the republican and
democratic nature of our society by prohibiting
the creation of privileged classes with special
prerequisites not available to the rest of the
citizenry
Art 6, Sec 30
No law shall be passed increasing the
appellate jurisdiction of the SC as provided
in the Consti w/o its advice and
concurrence
PURPOSE: prevent further additions to the
present tremendous case load of the SC
TITLE OF BILLS
Art 6, Sec 26(1)
Every bill passes by the Congress shall
embrace only one subject which shall be
expressed in the title thereof.
PURPOSES YEAS and NAYS are entered in the journals as a
permanent record on how each member voted
Prevent hodgepodge or log-rolling on particular issued, for the information
legislation: any act containing several especially of their constituents
subjects dealing with unrelated matters
representing diverse interests, the main APPROVAL OF BILLS
object of such combination being to
unite the members of the legislature Art 6, Sec 27
Prevent surprise or fraud
Every bill passed by the Congress shall,
Fairly apprise the people, through such
before it becomes a law, be presented to
publications of its proceedings
the President. If he approves the same he
A practical rather than a technical construction shall sign it; otherwise, he shall veto it and
and said it should suffice if the title expresses return the same with his objections to the
gen subject and all the provisions are germane House where it originated, which shall
to the gen subj enter the objections at large in its Journal
and proceed to reconsider it. If, after such
FORMALITIES reconsideration, two-thirds of all the
Members of such House shall agree to
Art 6, Sec 26 (2) pass the bill, it shall be sent, together with
the objections, to the other House by which
No bill passed by either houses shall
it shall likewise be reconsidered, and if
become a law unless it has passed 3
approved by two-thirds of all the Members
readings on separate days, and it printed
of that House, it shall become a law. In all
copies thereof in its final form have been
such cases, the votes of each House shall
distributed to its members 3 days before its
be determined by yeas or nays, and the
passage, EXCEPT, when the pres certifies
names of the Members voting for or
its necessity of its immediate enactment to
against shall be entered in its Journal. The
meet a public calamity or emergency. Upon
President shall communicate his veto of
the LAST READING of a bill, no amendment
any bill to the House where it originated
thereto shall be allowed, and the vote
within thirty days after the date of receipt
thereon shall be taken immediately
thereof, otherwise, it shall become a law as
thereafter, the yeas and nays entered in the
if he had signed it.
journal.
The President shall have the power to veto
PURPOSE: prevent half-baked legislation and
any particular item or items in an
occasional deception of the legislators
appropriation, revenue, or tariff bill, but the
themselves and the public, devote the needed
veto shall not affect the item or items to
time and study to the railroaded measures
which he does not object.
3rd READING: limited in the casting of the
3 methods
members votes, usually after a brief
explanation thereof. President signs it actually signing
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
 indicates his approval
President vetoes disapproves,
returning the bill to the house of origin,
indicate his objections thereto in what is
known as a veto message
Inaction within 30 days more practical
purpose, employed whenever the
president, while not convinced of the
necessity or validity of the measure
under consideration, is nonetheless
unwilling to disapprove it.
30-DAY PERIOD counted from the date of its
receipt
General rule: is that the President must approve
entirely or disapprove in toto, EXCEPTION,
appropriation, revenue and tariff bills, any
particular item or items of w/c may be
disapproved without affecting the item or items
to w/c he does not object
LEGISLATIVE INQUIRIES
Art 6, Sec 21
The Senate or the House of
Representatives or any of its respective
committees may conduct inquiries in aid of
legislation in accordance with its duly
published rules of procedure. The rights of
persons appearing in, or affected by, such
inquiries shall be respected.
Power of the legislative investigation may be
implied from the express power of legislation
and does not itself have to be expressly granted
Limit the conduct of legislative inquiries
To correct these excesses, it is now provided
that the legislative inquiry must be in aid of
legislation, the conduct of the investigation
must be strictly in conformity with the rules of
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
procedure
We are bound to presume that the action of the
legislative body was with a legitimate object id
it was capable of being so construed, and we
have no right to assume that the contrary was
intended.
LEGISLATIVE CONTEMPT failure or refusal to
attend the legitimate legislative investigation or
contumacy of the witness may be punished
How long may be a private individual be
imprisoned by the legislature for contempt?
Only for the duration of the session
SENATE: imprisoned indefinitely, provided that
the punishment did not become so long as to
violate due process
HR: imprisonment could not last, not only
during the session but until the final
adjournment of the body
APPEARANCE OF DEPT. HEADS
Art 6, Sec 22
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 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 and the President so
 states in writing, the appearance shall be
conducted in executive session.
Enable the congress to obtain information from
the dept secretaries on the manner they are
implementing the laws it has enacted and also
on matters related to pending or prospective
legislation.
Reduce the authority of the president for fear of
the resurgence or authority of the President
THE POWER OF APPROPRIATION
Art 6, Sec 29 (1)
No money shall be paid out of the Treasury
except in pursuance of an appropriation
made by law.
LAW refer to constitutional appropriations
Funds are always needed for the support of
public projects
MONEY motive force and lubricant of the
machinery of government
POWER OF PURSE most impt prerogatives
of the Congress
(1) APPROPIATION DEFINED
APPROPRIATION MEASURE authorize the
release of public funds from the treasury
General intended to provide for the
financial operations of the entire
government during one fiscal period
Special designed for a special purpose
(ex fund for the relief of typhoon victims
(2) IMPLIED LIMITATIONS
REQUIREMENTS
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
Essential to the validity of an
appropriation that it be devoted to a
public purpose
Sum authorized to be released must be
determinate or at least determinable
o Otherwise, the national treasurer
will have no guide or worse, will
have unlimited discretion in the
release of public funds
o Where the minimum rather than
the maximum is specified
measure is invalid for lack of
certainty
(3) CONSTITUTIONAL LIMITATIONS
All appropriation bills should originate in
the HR
Use of discretionary funds funds were
spent for personal purposes, or at least
unnecessary or excessive public
purposes to the prejudice and often
without even the knowledge of the public
Art 6, Sec 25 (6)
Discretionary funds appropriated for
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.
Special appropriations
o Purpose: is to discontinue the
practice of fictitious
appropriations that were
frequently enacted by the
Congress even if it knew that no
funds were available
Art 6, Sec 25 (4)
A special appropriations bill shall specify
 the purpose for which it is intended, and
shall be supported by funds actually
available as certified by the National
Treasurer, or to be raised by a
corresponding revenue proposal therein.
General appropriations act: president
knows more about the needed
appropriations than the legislature
Art 6, Sec 25 (1)
The Congress may not increase the
appropriations recommended by the
President for the operation of the
Government as specified in the budget. The
form, content, and manner of preparation
of the budget shall be prescribed by law.
Congress may not increase the Presidents
budgetary recommendations; there is no
prohibition against its reducing such
recommendations
Reduction is not permitted when it comes to
the appropriations for the judiciary
BUDGET proposal, a set of recommendations
on the appropriations to be made for the
operations of the government; basis for the
enactment of the general appropriations law,
w/c is the measure that authorizes the release
of public funds
Art 6, Sec 25(2)
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.
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
PURPOSE: prevent riders or irrelevant
provisions that are included in the general
appropriations bill to ensure their approval
Art 6, Sec 25 (3)
The procedure in approving appropriations
for the Congress shall strictly follow the
procedure for approving appropriations for
other departments and agencies.
PURPOSE: prevent the adoption of
appropriations sub rosa by the congress; public
to ascertain the purposes and exact amount of
the outlay for the operations of the congress
and the allowances of its members
Other offices of the government : subject to
public hearings conducted by the legislature
Art 6, Sec 25(5)
No law shall be passed authorizing any
transfer of 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 heads of 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.
The provision prohibits one dept from
transferring some of its funds to another dept
and thereby makes it beholden to the former to
the detriment of the doctrine of separation of
powers
Transfer of savings in one dept from one item
to another in the gen appropriations act may be
allowed by law. No danger to the doctrine of
separation of powers because the transfer is
made within a dept and not from one dept to
another
(4) APPROPRIATIONS FOR SECRETARIAN
PURPOSES
Whether the appropriations be general or
special, it must conform to the prohibition
against the use of public funds or property for
sectarian purposes
Art 6, Sec 29 (2)
No public money or property shall be
appropriated, applied, paid, or employed,
directly or indirectly, for the use, benefit, or
support of any sect, church, denomination,
sectarian institution, or system of religion,
or of any priest, preacher, minister, 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.
PURPOSE: further bolster the principle of
separation of church and state and emphasize
the neutrality of the State in ecclesiastical
matters
Applicable only where the appropriation is
intended purposely to benefit a religious
institution
Does not inhibit the use of public property for
religious purposes when the religious character
of such use is merely incidental to a temporary
use which is available indiscriminately to the
public in general
EXCEPTIONS
Payment of public funds is prohibited to
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
ecclesiastics only, as such which means that
they may be paid from public funds if they
serve the government in a non-ecclesiastical
capacity. Thus, some priests who serve as
members of the Constitutional Comm were paid
per diems from public funds for services
rendered by them as public officers
(5) AUTOMATIC RE-APPROPRIATION
Art 6, Sec 25 (7)
If, by the end of any fiscal year, the
Congress shall 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 re-enacted and shall remain in
force and effect until the general
appropriations bill is passed by the
Congress.
General appropriations act: duration: 1 fiscal
year
Old gen appropriations act is deemed
continued in operation notwithstanding the
lapse of the fiscal year until the Congress
enacts a new gen appropriations law
(6) SPECIAL FUNDS
Art 6, Sec 29 (3)
All money collected on any tax levied for a
special purpose shall be treated as a
special fund and paid out for such purpose
only. If the purpose for which a special
fund was created has been fulfilled or
abandoned, the balance, if any, shall be
transferred to the general funds of the
Government.
Limitation continues to apply even if the
original purpose of the tax has already been
fulfilled or abandoned
Whatever of the special tax collections may
remain shall then be transferred to the gen
funds of the government
THE POWER OF TAXATION
Inherent in the State and is generally vested in
the legislature
Art 6, Sec 28 (1)
The rule of taxation shall be uniform and
equitable. The Congress shall evolve a
progressive system of taxation.
UNIFORMITY IN TAXATION people or things
belonging to the same class shall be taxed at
the same rate
EQUALITY IN TAXATION tax imposed to be
determined on the basis of the value of the
property
Rule of taxation shall also be equitable, tax
burden must be imposed accdg to the
taxpayers capacity to pay
Tax system should be suited to the social
conditions of the people
Art 6, Sec 28 (3)
Charitable institutions, churches and
personages or convents appurtenant
thereto, mosques, non-profit cemeteries,
and all lands, buildings, and improvements,
actually, directly, and exclusively used for
religious, charitable, or educational
purposes shall be exempt from taxation.
Art 6, Sec 28 (4)
BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002
No law granting any tax exemption shall be
passed without the concurrence of a
majority of all the Members of the
Congress.
Require the absolute majority of the ENTIRE
membership of the congress because a tax
exemption represents a withholding of the
power to tax and consequent loss of revenue to
the government
THE POWER OF CONCURRENCE
Art 7, sec 19, authorizes the president to grant
amnesty with the concurrence of a majority of
all members of the Congress
Art 7, Sec 21, no treaty or international
agreement shall be valid and effective unless
concurred in by at least 2/3 of all the members
of the senate
THE WAR POWERS
Art 6, Sec 23 (1)
The Congress, by a vote of two-thirds of
both Houses in joint session assembled,
voting separately, shall have the sole power
to declare the existence of a state of war.
Authorize a declaration not of war but only of
the existence of a state of war
Suggests a war already begun or provoked by
the enemy and the existence of which we are
only affirming
As commander in chief and diplomatic head,
the president may so precipitate or actually
begin hostilities that the legislature will have no
choice except, to baptize the hostilities with
the name of war
Congress becomes functus officio once it
declares the existence of a state of war. War
effort become the sole responsibility of the
Pres and must depend heavily on the congress
for the effective exercise of his military powers

REFERENDUM AND INITIATIVE

Art 6, Sec 32

The Congress shall, as early as possible,

provide for a system of initiative and
referendum, and the exceptions therefrom,
whereby the people can directly propose
and enact laws or approve or reject any act
or law or part thereof passed by the
Congress or local legislative body after the
registration of a petition therefor signed by
at least ten per centum of the total number
of registered voters, of which every
legislative district must be represented by
at least three per centum of the registered
voters thereof.

INITIATIVE: power of the people to propose bills

and laws and to enact or reject them at the
polls; introduce a matter of legislation either to
the legislature or directly to the voters

REFERENDUM: adopt or reject any act or

measure which has been passed by a
legislative body; method of submitting an impt
legislative measure to a direct vote of the whole
people, the submission of a law passed by the
legislature for their approval or rejection

BETIA, 2012
ISAGANI CRUZ, PHILIPPINE POLITICAL LAW 2002