Legislative

 Republican Systems:
a. Original – possessed by the sovereign people
b. Derivative – that which is delegated by the sovereign people to the legislative bodies and
is subordinate to the original power of the people; vested in Congress
 Power according to its application:
1. Constituent – power to amend the Constitution
2. Ordinary – power to pass ordinary laws
Non-legislative
NOTA BENE:
Powers of Congress may be inherent (like the determination of its rules of proceedings and discipline
of its members) or implied (like the power to punish for contempt in legislative investigations).
The people, through amendatory process, can exercise constituent power, and, through initiative and
referendum, legislative power.

Delegation

1. Congress, as a general rule, cannot delegate its legislative power. Since the people
have already delegated legislative power to Congress, the latter cannot delegate it
any further.
EXCEPTIONS:
1. Delegation of legislative power to local government units;
2. Instances when the Constitution itself allows for such delegation [see Art. VI Sec.
23(2)]

Sec. 23 (2) In times of war or other national emergency, the

Congress may, by law, authorize the President, for a limited period
and subject to such restrictions as it may prescribe, to exercise
powers necessary and proper to carry out a declared national
policy. Unless sooner withdrawn by resolution of the Congress,
such powers shall cease upon the next adjournment thereof.
What may Congress delegate:

Congress can only delegate, usually to administrative agencies, RULE-MAKING POWER

or 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.

Qualification
Candidate

Section 3. No person shall be a Senator unless he is a natural-born

citizen of the Philippines and, on the day of the election, is at least
thirty-five years of age, able to read and write, a registered voter,
and a resident of the Philippines for not less than two years
immediately preceding the day of the election.
Section 6. No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the Philippines
and, on the day of the election, is at least twenty-five years of age,
able to read and write, and, except the party-list representatives, a
registered voter in the district in which he shall be elected, and a
resident thereof for a period of not less than one year immediately
preceding the day of the election.

AQUINO VS COMELEC
Aquino was a resident of Tarlac for 52 years prior to his winning the Congressional seat in Makati, to which he only resided for
at least 10 months while renting a condominium;
(Marcos v COMELEC)Court has stated that the mere absence of an individual from his permanent
Held:
residence without the intention to abandon it does not result in a loss or change of domicile.
Clearly, Constitution refers when it speaks of residence for the purposes of election law , it refer to(domicile)
the place "where a party actually or constructively has his permanent home," where he, no matter where he
may be found at any given time, eventually intends to return and remain, i.e., his domicile, the purpose is "to
exclude strangers or newcomers unfamiliar with the conditions and needs of the community" from taking
1. no provision
advantage in the constitution
of favorable circumstancestoexisting
expand in the
thatqualification
community forofelectoral
candidate ofHowever
gain. senator a resident may be
2. Property qualification is inconsistent with the republican system and
use if physical presence in the place, 2yr requirement for senator(sec.3) and principle of social
1yr forjustice
HR(sec.6)
3. when the constitution
immediately speak ofthe
preceding residence
day ofit actually means of domicile.
the election.

4. Residence can be a domicile, if change the old domicile

Requisite of change domicile; a)actual removal/change of domicile ex. Selling,abandoning,disposing.
B)a bonafide intention of abandoning a former and establish a new one c) acts which correspond with
the purpose. In the absence of positive proof based on the criteria the domicile of origin should be
deemed to continue.

5. If residence may use - it require physical presence in the place, 2yr requirement for senator and 1yr
for HR
6. If not residence but the domicile - intention to return “animus minendi” must be proven

Salary

Section 10. The salaries of Senators and Members of the House of

Representatives shall be determined by law. No increase in said
compensation shall take effect until after the expiration of the full
term of all the Members of the Senate and the House of
Representatives approving such increase.

Retirement gratuity cannot be computed on the basis of increased

salary which incumbent members of congress who approved said
increase were prohibited to receive. To grant ::: such scheme would
contravene the constitution for it would lead to the same prohibited
result by enabling administrative authorities to do indirectly what
cannot be done directly.

Legislative District
Section 5. (1) The House of Representatives shall be composed of
not more than two hundred and fifty members, unless otherwise
fixed by law, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan
Manila area in accordance with the number of their respective
inhabitants, and on the basis of a uniform and progressive ratio, and
those who, as provided by law, shall be elected through a party-list
system of registered national, regional, and sectoral parties or
organizations.

Sec. 5(3) Each legislative district shall comprise, as far as

practicable, contiguous, compact, and adjacent territory. Each city
with
Sec 5pa(2)population of at least
The party-list representatives shalltwo hundred
constitute fifty
twenty per centumthousand, or each
of the total number of
province, shall
representatives havethose
including at least
under one representative.
the party Xxxxxxterms
list. For three consecutive “to after
prevent
the
ratification of this Constitution,
Gerrymandering” xxxxxx one-half of the seats allocated to party-list representatives shall be
filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous
cultural communities, women, youth, and such other sectors as may be provided by law, except
- the
through legislative enactment;congress :may;
religious sector." (Emphasis supplied.)
The intent of the Constitution is clear: to give genuine power to the people, not only by giving
A)morecity law -tocan
thosecreate
who havemore legislative
less in life, but more sodistrict in them
by enabling a single city
to become if the
veritable
population of 250,000 may exceed, if population is 250,000
lawmakers themselves. Consistent with this intent, the policy of the implementing law, we repeat,is entitle
tois one
likewiselegislative district
clear: "to enable Filipinocomprise, as far
citizens belonging to as practicable,
marginalized contiguous,
and underrepresented
sectors, organizations
compact, and parties,
and adjacent x x x, to become members of the House of Representatives."
territory.
B)Where the language
Province - of
canthe law is clear,more
create it must be applied according
district to its express terms.
representatives even if the
population is not necessarily 250,000 as far as practicable,
contiguous, compact, and adjacent territory.
C) Creating legislative district and redistricting is Inherent power
and cannot be delegated by congress.
D) COMELEC can not REDISTRICT but do only minor adjustment

Example: putting ambagiou in its proper place nueva viscaya,

ambagiou votes included in nueva viscaya.

1. the power to create a province or city inherently involve the power to create a legislative district
2. reapportionment of legislative districts may be made through a special law,moreover, to hold that
reapportionment can only be made through a general apportionment law would create an inequitable
situation
3. In creation of legislative districts in provinces,cities and metropolitan manila area must comply with
proportional representation , on the basis of uniform and progressive ratio.
Composition of representative
1. the present composition of congress may be increase if congress itself so mandate through
legislative enactment.

Party-list
Formula

1. 20 % allocation

220 x.2 = 55

.8

2. 2% threshold, guaranteed seat

Ex. 17 who got 2% vote so 17 is given 1 guaranteed set each

3. those who garnering sufficient no. Of vote shall be entitled to

additional seat in proportion to their total no. Of votes, 4.each party
or organization shall be entitled not more than 3 seats.

55 available - 17given guaranteed = 38 remaining for additional

Start from highest to lowest

1st place .38 x 5.5% = 2.09 additional seat = 2 + 1 guaranteed seat

2nd place .37 x 3.51% = 1.2 additional seat = 1 + 1

3rd place .36 x 3.41% = 1.2 additional seat = 1 + 1

4th place .35 x 3.33% = 1.1 additional seat = 1 + 1

5th place .34 x 2.79% = .97 additional seat = 0 + 1

Who may participate:

1. political parties - national or regional

-registered under party-list system,

-do not field candidate in legislative district election; exception:

Can participate in party-list election only through its sectoral wing
that can separately register under the party-list system. The
sectoral wing is by itself an independent sectoral party, and is linked
to a political party through a coalition.

2. Organization - national or regional

3. Sectoral parties

A) marginalize - (FLUPO-HIV) Fisherfolk,Labor,Urban

poor,Peasant,Overseas worker, Handicapped,Indigenous cultural
communities,Veterans

B)lack of political constituency - (PEWY)

Professional,Elderly,Women and Youth.

Rationale: “ the party-list system is a social justice tool designed

not only to give more law to the great masses of our people who
have less in life,but also to enable them to become veritable law
makers themselves,empowered to participate directly in the
enactment of laws designed to benefit them”

XXXX if no were to belong, organize themselves as a political parties

- (to be bona fide party-list nominee) who represent marginalize and

unrepresented or that lack well define political constituency- must
belong to marginalize and unrepresented sectors or must have a
track record of advocacy of their respective sectors

- nominees of national and regional parties or organizations - must

be bona-fide members of such parties or organization.

1.national and regional parties or organizations need not be organized along sectoral lines and need
not represent any particular sector. They belong to organization
2.Political party- refer to an organize group of citizen,advocating an ideology or platform,principle and
policy for the general conduct of the government.
3.While sectoral - refers to an organize group of citizens whose principal advocacy pertains to the
special interest and concern of their sectors. Political and sectoral parties are distinct and different
from each other.
4. National and Regional parties or organizations are not require to represent the marginalizes and
unrepresented sectors. In doing so, is to deprive and exclude by judicial fiat,ideology based and cause
oriented parties from the party-list system.
5.A major political parties who filled a legislative district can participate by organizing a sectoral wing,
(like a labor,peasant,fisherfolk,urban poor,proffesional,women or youth wing). A majority of its
member are marginalized and unrepresented or lacking well define political constituencies.
6.In sectoral parties, to be bona fide party-list nominee one must either belong to the sector
represented or have a track record of advocacy for such sector.
1. in view of separation of power, SC has no jurisdiction of senate controversies for selection of
presiding officer.

Dicipline/immunities

Section 11. A Senator or Member of the House of Representatives

shall, in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while the Congress is in
session. No Member shall be questioned nor be held liable in any
other place for any speech or debate in the Congress or in any
committee thereof.

Sec.16(3)Each House may determine the rules of its proceedings,

punish its Members for disorderly behavior, and, with the
concurrence of two-thirds of all its Members, suspend or expel a
Member. A penalty of suspension, when imposed, shall not exceed
sixty days.

A) immunity from arrest - you can sue but an offense punishable by

not more than six years imprisonment are privilege from arrest. In
doing so it is tantamount to depriving the right of
representation of the people.

1) Senators & Congressmen

2) Judges of lower courts
3) Officers and employees in the Civil Service
SUGGESTED ANSWER:
1) In accordance with Art. III, section 16(3), ofthe Constitution, Senators and
Congressmen may be removed by their EXPULSION for disorderly behavior, with the
concurrence of at least two-thirds of all the members of the House
to which they belong. In addition, they may also be removed in consequence of an
election contest filed with the Senate or House of Representatives Electoral Tribunal.

1. an afflictive penalty punishable by reclusion perpetua is not entitled to the previledge of

parliamentary immunity.confinement of congressman charge with crime punishable of imprisonment
of more than 6yrs has a constitutional foundation. Congress continues to function despite the absence
of one or a few members. (people v Jalosjos)
2. SUGGESTED ANSWER:
The contention of Representative Valera is not correct As held in Santiago v.
Sandiganbayan,356 SCRA 636, the suspension contemplated in Article VI, Section 16(3)
of the Constitution is a punishment that is imposed by the Senate or House of
Representatives upon an erring member, it is distinct from the suspension under
Section 13 of the Anti-Graft and Corrupt Practices Act, which is not a penalty but a
preventive measure. Since Section 13 of the Anti-Graft and Corruption Practices Act
does not state that the public officer must be suspended only in the office where he is
alleged to have committed the acts which he has been charged, it applies to any office
which he may be holding.
3. Open letter to the president while the congress was not in session is not covered by constitutional
priviledge, and
4. Order of suspension by RA 3019 is distinct from the power of congress to decipline its own rank,
under constitution the house may determine its rules of proceeding….
5. The member of congress cannot compel absent members to attend sessions if the reason for the
absence is a legitimate one.

Internal Rules:
1. Each House shall determine its own procedural rules.--- congress has no power to
defeat the rule of each house.
2. Since this is a power vested in Congress as part of its inherent powers, under the
principle of separation of powers, the courts cannot intervene in the implementation
of these rules insofar as they affect the members of Congress.
3. Also, since Congress has the power to make these rules, it also has the power to
ignore them when circumstances so require.

“ disorderly behavior” is sole prerogative of the congress to define what constitute

disorderly behavior.

legislative rules, unlike statutory laws, do not have the

imprints of permanence and obligatoriness during their
effectivity. In fact, they “are subject to revocation,
modification or waiver at the pleasure of the body adopting
them.” Being merely matters of procedure, their observance
are of no concern to the courts, for said rules may be waived
or disregarded by the legislative body at will, upon the
concurrence of a majority.

Parliamentary immunity ; however it does not protect him from

responsibility before the legislative body itself when ever his
words and conduct are considered by the latter disorderly or
unbecoming a member thereof. For unparliamentary conduct,
members of congress can be censured,commited to
prison,suspended, even expelled by the votes of their
colleagues.

Parliamentary rules are merely procedural and their

observance,the courts have no concern, they may be waived or
disregarded by the legislative body.

The house is the judge of what constitute disorderly behavior.

Court will not assume a jurisdiction in any case which will
amount to an interference by the judicial department to the
legislative department.

Journal

If the question is an enrolled bill it will refer to a Journal which is permanent conclusive
unimpeachable record. Pons witness can not be given weight against the conclusiveness of
the journal
1.journal of congress may be resorted to determine whether the text of the bill signed by chief
executive was the same text passed by both house.
2.In the absence of attestation(act of bearing witness court may resort to the journal of congress for
proof of statutes due enactment.
3.The SC cannot go behind the enrolled Act to discover what really happened.
All the SC holds is that with respect to matters not expressly required to be
entered on the journal, the enrolled bill prevails in the event of any discrepancy.

Congressional Journals and Records:

1.) The Journal is conclusive(final) upon the courts.

2.) BUT an enrolled bill prevails over the contents of the Journal.

3.) An enrolled bill is the official copy of approved legislation and bears the
certifications of the presiding officers of each House. Thus where the certifications
are valid and are not withdrawn, the contents of the enrolled bill are conclusive upon
the courts as regards the provision of that particular bill.

“ where enrolled bill prevails over journal” - in all cases, the journal must yield to the
enrolled bill. To be sure there are certain matters which the constitution expressly
requires to be entered on the journal of each house. To what extent the validity of
legislative act may be affected by the failure to have such matter enter into journal, is
a question which the supreme court cannot decide. With respect to matters not
expressly required to be entered on the journal, the enrolled bill prevails in the event
of any discrepancy.

Contents of a journal

Enrolled Bill and Journal

 MATTERS REQUIRED TO BE ENTERED IN THE JOURNAL:

 The yeas and nays(yes / no) on the third and final reading of a bill
 The yeas and nays on any question, at the request of 1/5 of the members present
 The yeas and nays upon repassing a bill over the President’s veto
 The President’s objection to a bill he had vetoed

Adjournments:

1.) Neither House can adjourn for more than 3 days during the time Congress is in
session without the consent of the other House.
2.) Neither can they adjourn to any other place than that where the two houses are
sitting, without the consent of the other.

Election

Section 8. Unless otherwise provided by law, the regular election of

the Senators and the Members of the House of Representatives shall
be held on the second Monday of May.

Section 9. In case of vacancy in the Senate or in the House of

Representatives, a special election may be called to fill such
vacancy in the manner prescribed by law, but the Senator or
Member of the House of Representatives thus elected shall serve
only for the unexpired term.

1. regular election - congress has the power to move, the phrase “unless otherwise
provided
2. Special election -
A) vacancy in party-list representative - if there is vacancy and all had died party-
list re submit list of nominees to fill such vacancy
B)vacancy in district representative - in a manner prescribe by law, COMELEC shall
call(fix date) a special election not earlier than 45days or not letter than 90days
from the occurrence of such vacancy.
C) vacancy in the senate - the special election is simultaneously held in the in the
regular election.except when the vacancy occur on the 1st three years of the term.
3. the noon of the 30th day of june can not be transfered by congress through law

Restriction

Section 14. No Senator or Member of the House of Representatives

may personally appear as counsel before any court of justice or
before the Electoral Tribunals, or quasi-judicial and other
administrative bodies. Neither shall he, directly or indirectly, be
interested
1. (Puyat v definancially
guzman)memberinof congress
any contract with,
is not allowed or asinindirect
to appear any counsel
franchise
before anor
special privilege
administrative tribunal. granted by was
The intervention the Government,
an after orhimany
thought to enable subdivision,
to appear actively in
the proceedings
agency, or in some other capacity. Tothereof,
instrumentality believe the avowed purpose that
including anyis, togovernment-
enable him
owned or controlled corporation, or its subsidiary, during his ofterm
eventually to vote and to be elected as director in the event of an unfavorable outcome the SECof
case would be pure naivete. He would still appear as counsel indirectly.
office. He shall not intervene in 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.
Disqualifications:
DISQUALIFICATION
WHEN APPLICABLE

1. Senator/Member of the House cannot

hold any other office or employment in
the Government or any subdivision,
agency or Instrumentality thereof,
including GOCCS or their subsidiaries.
Incompatible office
During his term. If he does so, he forfeits
his seat. Hold office until expiration of
full term

IF the office was created or the

2. Legislators cannot be appointed to any emoluments thereof increased during the
office. Forbidden office term for which he was elected.

3. Legislators cannot personally appear

as counsel before any court of justice,
electoral tribunal, quasi-judicial and
administrative bodies.but can
notarize,draft contract if he is a lawyer During his term of office.

4. Legislators cannot be financially

interested directly or indirectly in any
contract with or in any franchise, or
special privilege granted by the
Government, or any subdivision, agency
or instrumentality thereof, including any
GOCC or its subsidiary. During his term of office.

5. Legislators cannot intervene in any When it is for his pecuniary benefit or

matter before any office of the where he may be called upon to act on
government. account of his office.

Sec. 15: REGULAR AND SPECIAL SESSIONS

Regular Sessions:
1.) Congress convenes once every year on the 4th Monday of July (unless otherwise
provided for by law)

2.) Continues in session for as long as it sees fit, until 30 days before the opening of
the next regular session, excluding Saturdays, Sundays, and legal holidays.

Special Sessions:

Called by the President at any time when Congress is not in session.

Sec. 16. Officers:

1.) Senate President;2.) Speaker of the House; and3.) Each House may choose
such other officers as it may deem necessary.

By a majority
Election vote of all respective members.
of Officers

Majority may also refer to “the group, party, or faction with the larger
number of votes,” not necessarily more than one half. This is
sometimes referred to as plurality.

-it simply means that the senate pres. Must obtain the votes of more than one half of all the
senators While minority group,party or faction with a smaller number of votes or adherents than
the majority..it does not provide that the members who will not vote for him will constitute
minority who could thereby elect minority leader.It does not also provide for the manner of
choosing them. The method of choosing who will be the other officer of the senate is merely a
derivative of the exercise of the prerogative conferred in the constitution giving the senate the
power to choose such other officers as it may deem necessary.such method must be prescribed by
the senate itself, not by the supreme court.Exception
In the absence of constitutional or statutory guidelines or specific rules, this court is devoid of any
basis upon which to determine the legality of the acts of the senate relative thereto.
Political question
While no provision of the constitution or the laws even the practice of the senate was violated and
while the judiciary is without power to decide matters over which full discretionary authority has
been lodged in the legislative department. - the supreme court may still require whether an act of
congress or its officials has been made with grave abuse of discretion.

Quorum to do business:
1. Majority of each House shall constitute a quorum.(total depends on actual
membership)
2. A smaller number may adjourn from day to day and may compel the attendance of
absent members.
3. In computing a quorum, members who are outside the country and thus outside of
each House’s coercive jurisdiction are not included.
Internal Rules:
4. Each House shall determine its own procedural rules.
5. Since this is a power vested in Congress as part of its inherent powers, under the
principle of separation of powers, the courts cannot intervene in the implementation
of these rules insofar as they affect the members of Congress.
6. Also, since Congress has the power to make these rules, it also has the power to
ignore them when circumstances so require.
Discipline:

1.) Suspension

1. Concurrence of 2/3 of ALL its members of each house (all its members not actual )
ex:24 senate
2. Shall not exceed 60 days.

2.) Expulsion
 X may not be expel by HRET for not voting his party mate .As held In
Bondoc v. Pineda, 201 SCRA 792 (1991), the members of the House of
Representatives Electoral Tribunal are entitled to security of tenure like
members of the judiciary. Membership in it may not be terminated except
for a just cause. Disloyalty to party is not a valid ground for the expulsion of
1. Concurrence
a member of 2/3
of the House of ALL its members.(not
of Representatives Electoralactual)
Tribunal. Its members
must discharge their functions with impartiality and independence from the
political party to which they belong.

Electoral Tribunal(HRET,SET)

SECTION 17. The Senate and the House of Representatives 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 nine Members, three of whom shall be Justices of the Supreme
Court to be designated by the Chief Justice, and the remaining six
shall be Members of the Senate or the House of Representatives, as
the case may be, who shall be chosen on the basis of proportional
representation from the political parties and the parties or
organizations registered under the party-list system represented
therein. The senior Justice in the Electoral Tribunal shall be its
Chairman.

“the constitution intended that both the judicial and legislative

members share the duty and authority of deciding all contests
relating to the election of senators. The legislative members can not
be totally excluded from participation in the resolution of election
contest involving senators without violating the constitution. The
mass disqualification of the senator will leave the SET no alternative
but to abandon its duty which nobody else can perform and which it
can not discharge without the participation of the senators. “ (Abbas
v SET)

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 Members in such manner,
and under such penalties, as such House may provide.
NO! The removal was void IT IS IMPOSSIBLE FOR ANY POLITICAL PARTY TO CONTROL VOTING IN THE
TRIBUNAL . THE TRIBUNAL HAS THE EXCLUSIVE JURISDICTION AS JUDGE TO CONTESTS RELATING TO
ELECTION, RETURNS AND QUALIFICATIONS OF THE MEMBERS OF THE HOUSE OF REP.
1.
MEMBERS OF THE TRIBUNAL MUST BE NON-PARTISAN. The discharge of FUNCTIONS must with COMPLETE
DETACHMENT, IMPARTIALITY AND INDEPENDENCE. DISLOYALTY TO PARTY AND BREACH OF PARTY
DISCIPLINE IS NOT VALID GROUND FOR EXPULSION OF MEMBER OF THE TRIBUNAL. MEMBERS OF HRET
ARE ENTITLED TO SECURITY OF TENURE. MEMBERSHIP MAY NOT BE TERMINATED W/O UNDUE CAUSE
SUCH AS: EXPIRATION OF TERM OF OFFICE, DEATH, PERMANENT DISABILITY, RESIGNATION FROM
POLITICAL PARTY, FORMAL AFFILIATION WITH ANOTHER PARTY. DISLOYALTY IS NOT A VALID CAUSE!

3. IT VIOLATES CAMASURA’S RIGHT TO SECURITY OF TENURE. IT IS A CLEAR IMPAIRMENT OF THE

CONSTITUTIONAL PREROGATIVE OF THE HRET TO BE THE SOLE JUDGE OF THE ELECTION CONTEST BET.
PINEDA AND BONDOC. TO SANCTION INTERFERENCE BY THE HOUSE OF REP. WOULD REDUCE TRIBUNAL
AS TOOL FOR THE AGGRANDIZEMENT OF THE PARTY IN POWER (LDP)
M (Bondoc V pineda)
SEC. 16 (5) Neither House during the sessions of the Congress shall,
without the consent of the other, adjourn for more than three days,
nor to any other place than that in which the two Houses shall be
sitting.

1. the main function of executive is to enforce laws enacted by congress, not to defeat them
2. Rules of proceedings are subject to revocation,modification or waiver at the pleasure of the body
adopting them as they are primarily procedural.
3. QUORUM - procedural in character and their observance or non observance is a matter of
judgement call on the part of our legislator and not a business of the court to reverse such judgement
when no grave abuse of discretion amount to lack or excess of jurisdiction.Quorum -(no. Of people
present to make a valid proceeding) should any 3 senator-member of sen.electoral tribunal voluntary
inhibit or disqualify themselves from participating in the proceeding, a tribunal, resulting in a balance
bet. 3 justice and 3senators, still constitute more than a quorum
As long as ther is a “ mixed” “judicial” and “legislative”
composition of the electoral tribunal
3. Let us not be misunderstood as saying that no senator -
member of SET may inhibit or disqualify himself from sitting in
judgement in any case before said tribunal. Every member of
the tribunal may,as his conscience dictate refrain from
participating in resolution were he sincerely feels that his
personal interest/biases would stand in the way of an objective
and impartial judgement.
What we are merely saying is that is that in the light of the
constitution SET cannot legally function as such, absent its
entire membership of senators and that no amendment of its Rules can
confer on the three Justices-Members alone the power of valid adjudication of a
senatorial election contest.

1. to trigger HRET jurisdiction it required 3 events a). proclamation b). oath c). assumption of office ;
it all events concurred its proper resolution in accordance with existing laws and its own rules of
procedure.this court itself can not assume jurisdiction over any aspect of HRET jurisdiction unless
2. Power - HRET has the power to promulgate rules of procedure, including the period of filling
election protest(lazatin v HRET)
3. MEMBERS OF THE TRIBUNAL MUST BE NON-PARTISAN.,its jurisdiction to hear and
decide congressional election contest is not to be shared by it with the legislative nor with the
courts.they must discharge their functions with complete detachment,impartiality, and
independence.- even independent to the party to which they belong
4. “Disloyalty to party” and “breach of party dicipline” are not valid ground for the expulsion of a
member of the tribunal, but it violates the respo right of tenure such
5. Members of HRET as a sole judge of congressional election contest,entitled to security of tenure
just as member of judiciary enjoy security of tenure.therefore,membership in the HRET may not be
terminated except
A.expiration of office
B.permanent disability
C.resignation from the political party he represent in the tribunal
D.formal affiliation with another political parties
6. every member of the tribunal may,as his conscience dictate refrain from participating in the
resolution of a case where he sincerely feels that his personal interest or biases would stand in the
way of an objective and impartial judgement.

7. Any final action taken by HRET on a matter within its jurisdiction shall,as a rule, not be reviewed by
this court.unless upon a clear showing of grave abuse of discretion amounting to lack or excess of
jurisdiction in the absence of showing court can not exercise corrective power.
8. The facts that the appropriation for the senate electoral
tribunal is included in the budget corresponding to the senate,
does not and cannot mean that the employees of the electoral
tribunal are also employees of the senate, for both institution
are separate and independent of each other under the
constitution.
9. The senate electoral tribunal has exclusive control over the
funds allotted for its expenses.
10. It is for the HRET to interpret the meaning of its particular
qualification of a nominee - the need of him/her to be bonafide
member or a representative of his partylist organization.

11. quorum -member of the SET voluntary inhibit or disqualify

themselves from participating in the proceeding, a
tribunal,resulting to a balance between 3 justices and 3
senators as members, still constitute a quorum.
As long as there is a “ mixed” “judicial” and “legislative”
composition of the electoral tribunal
12. the constitution did not distinguish between house of
representative and partylist representative
A) party-list group - have the power to dicipline or remove
members when the issue is about “membership”
B) HRET - have the jurisdiction if the issue or question is
about “Qualification”
11.

Commission on appointment

SECTION 18. There shall be a Commission on Appointments

consisting of the President of the Senate, as ex officio Chairman,
twelve Senators and twelve Members of the House of
Representatives, 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
thirty session days of the Congress from their submission. The
Commission shall rule by a majority vote of all the Members.

1.The clear constitutional intent of sec. 18, Is to give right of representation in the commission of
appointment only to political parties who are duly registered with the comelec.
2. member of CoA is based on proportional representation of political parties is mandatory in
character. CA can not be elected
3.Provide for check and balances” since appointment belong to the president but it can be checked
by congress.
4.There can be possibility of less than 12 for each house, no rounding - because based on
proportional representation of political parties
5.In the case of Cunanan v. Tan, the Court noted that the Allied
Majority was a merely temporary combination as the
Nacionalista defectors had not disaffiliated from their party
and permanently joined the new political group. Officially, they
were still members of the Nacionalista Party. The
reorganization of the Commission on Appointments was invalid
because it was not based on the proportional representation
of the political parties in the House of Representatives as
required by the Constitution. - the dominant political party
remain and maintain .LP can not replace who are previously
nominated because of security of tenure.

6.Daza v singson) case, a Liberal Party member, was given a

seat in the Commission on Appointments. However, after the
reorganization of the LDP, which resulted in a political
realignment in the House. 24 members of the Liberal Party
formally resigned and joined the LDP, thereby welling its
number to 159 and correspondingly reducing their former party
to only 17 members. - seats are replaces by the new numerous
number and no security of tenure since the basis is
proportional representation from the political party or
organization registered under the party-list system
represented therein. (the contention of petitioner that a political
party must prove its permanence is not acceptable) house of
representative have the authority to change its representation in the
CoA to reflect at any time changes in the political alignments of its
membership
7.(coseteng v mitra) CoA is based on proportional representation of
political parties, petitioner or its low number represents less than
one percent of the membership of the house of representative.
Hence, she is not entitled to one of the twelve seats of the house of
representatives in the CoA.

8.(Guingona v Gonzales) commission of appointment may function

even if not fully constituted. Less than 12 CoA are possible to
function
Guingona v.
Gonzales, 214 SCRA 789 (1992), a fractional membership cannot be rounded off to full
membership because it will result in over representation of that political party and under
representation of the other political parties

As held in
Cunanan v. Tan, 5 SCRA 1 (1962), a temporary alliance between the members of one
political party and another political party does not authorize a change in the membership
of the Commission on Appointments, Otherwise, the Commission on Appointments will
have to be reorganized as often as votes shift from one side to another in the House of
Representatives.

Nominee in the CoA

No. Of sen.political parties X 12 =
Total no. Of senator elected(24S)(250HR)

Constitution silent on the manner of selecting officers in Congress

other than Senate President and House Speaker

While the Constitution is explicit on the manner of electing a

Senate President and a House Speaker, it is, however, dead
silent on the manner of selecting the other officers in both
chambers of Congress. All that the Charter says is that “[e]ach
House shall choose such other officers as it may deem
necessary.” To our mind, the method of choosing who will be
such other officers is merely a derivative of the exercise of the
prerogative conferred by the aforequoted constitutional
provision. Therefore, such method must be prescribed by the
Senate itself, not by this Court.

In this regard, the Constitution vests in each house of

Congress the power “to determine the rules of its
proceedings.” xxx
Internal Rules:
7. Each House shall determine its own procedural rules.
8. Since this is a power vested in Congress as part of its inherent powers, under the
principle of separation of powers, the courts cannot intervene in the implementation
of these rules insofar as they affect the members of Congress.
9. Also, since Congress has the power to make these rules, it also has the power to
ignore them when circumstances so require.

Bill
SECTION 26. (1) Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the title thereof

1.gerrymandering which is the practice of creating legislative districts to favor a particular candidate
or party is not worthy of credence.
2.Dual limitations upon legislative power; a) congress is to refrain from conglomeration,under one
statute,of heterogeneous subjects. B) the title of the bill is to be couched in a language sufficient to
notify the legislators and the public and those concerned of the import of single subject thereof.
Subject of statutes to be expressed in the title of bill.
3.purpose is to inform the legislators person and public of the nature scope and consequence of the
propose law. Thus prevent surprise or fraud upon the legislator.
4.In determining the sufficiency of particular title its substance rather than its form should be
considered and the purpose of conditional requirement.
5.Test of sufficiency of title - average person reading it would not be informed or which is misleading
6.Circumstances considered against the constitutionality ; a) such title did not inform the member of
congress as to the full impact of the law b) it did not appraise people of the town of cotabato c). title
did not reflect transfer of a portion of territory from one province to another

Separation of valid portion of statutes from invalid parts; Exception: when the part of the statute are
so mutually dependent and connected as condition,consideration,inducement and compensation for
each other as to warrant a belief that the legislative intended them as whole.

SECTION 26. (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.

If the exception are not fallowed - result - the need for a law may be rendered academic by the
occurrence of the very emergency or public calamity which it is meant to address.
Purpose of 3 reading
A) to inform members of congress of what they must vote on.
B) to give them notice that a measure is progressing through the enacting process, thus enabling
them and others interested in the measure to prepare their positions with reference to it.
Conference committee has the power to insert new provisions as long as these are germane to the
subject of the conference. What is important is that its report is subsequently approved by the
respective houses of congress.

SECTION 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 House of
Representatives, but the Senate may propose or concur with
amendments.

Taxation

SECTION 28. (1) The rule of taxation shall be uniform and

equitable. The Congress shall evolve a progressive system of
taxation.

1. Congress shall evolve a progressive system of taxation mean that

direct taxes are to be preffered and as much as possible indirect
taxes should be minimized. Congress does not prohibit imposition of
indirect taxes.
2. equality and uniformity of taxation means that all taxable articles or kinds of property of the same
class be taxed at the same rate.

SECTION 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.

It prohibit the transfer of funds appropriated in the general appropriation law for one branch of
government to another branch, or one branch to another constitutional bodies and vise versa.
However, “savings” from appropriations for a branch or constitutional body may be transferred to
another item of appropriation within the same branch or constitutional body. This power to augment
of realign is lodge in 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

In view that funds appropriated for the executive branch whether

savings or not,cannot be transferred to the legislature or judiciary,
or to the constitutional bodies and vice versa.

“Congress cannot even enact a law such transfer”

Once the president approves the general appropriation act(GAA) or
allows it to lapse into law the president can no longer veto or cancel
any item in the GAA or impound the disbursement of funds
authorize to be spent in the GAA.
Pork barrel system
- from the moment the law becomes effective, any provision of law
that empowers congress or any of its members to play any role in
the implementation or enforcement of the law(budgets), unrelated
to congressional oversight violates the principle of separation of
powers and is thus unconstitutional.
- PDAF article if it confers to post enactment identification authority
to individual legislators violates the principle of non delegability
since said legislators violates the principle of non delegability
since said legislators are effectively allowed to individually exercise
the power of appropriation
- the fact that individual legislator given post enactment roles in the
implementation of the budget makes it difficult for them to become
disinterested “observes” when scrutinizing,investigating or
monitoring the implementation of the appropriation law. Clearly
allowing the legislators to intervene in various phases of project
implementation. A matter before another office of government -
render them susceptible to taking undue advantage of their own
office.

Power of taxation

1.constitutional exemption for religious purposes refers only to

property taxes. As contra distinguished from excise taxes.
Imposition of gift tax on property used for religious purposes not
violation of the constitution. - a gift tax is not a property tax but an
excise tax imposed on the transfer of property by way of gift inter
vivos.

Power off inquiry

1. when the congress merely seeks to be informed on how
department heads are implementing the statutes which it has
issued,its right to such information is not as imperative as that of
the president to whom, as chief executive,such department heads
must give a report of their performance as a matter of
duty………………
2. But when the inquiry in which congress requires their appearance
is “ in aid of legislation” under section. 21 art 6, the appearance is
mandatory(reason stated “arnault v nazarno)

1.power to conduct question hour - the objective of which is to

obtain information in pursuit of congress oversight function.
Congress can not compel the appearance of an executive official
.When congress merely seeks to be informed on how department
heads are implementing the statutes which it has issued, its right to
such information is not as imperative as that of the president to
whom, as chief executive, such department heads must give report
of their performance as a matter of duty,section 22,In keeping with
separation of power,congress may only request their appearance
2. inquiries in aid of legislation - the aim of which is to elicit
information that may be used for legislation