III. LEGISLATIVE DEPARTMENT the purpose.

A. Who may exercise Legislative Power? Three systems of Two kinds of

Section 1 The legislative power shall be initiative: referendum
vested in the Congress of the Philippines
which shall consist of a Senate and a House i. Initiative on i. Referendum on
the statutes – a
of Representatives, except to the extent
Constitution – petition to
reserved to the people by the provision on refers to approve or reject
initiative and referendum. petition an act or law, or
1. Congress proposing part thereof,
Legislative Power is the power to amendments passed by the
propose, amend and repeal laws. This to the Congress.
power is vested in the Congress ( Art VI, Constitution ii. Referendum on
ii. Initiative on local laws – a
Sec1, 1987 Constitution)
Statutes – petition to
2. Regional/Local Legislative Power refers to a approve or reject
What is delegated to administrative petition to a law, resolution
agencies is merely the power to make enact a or ordinance
and issue rules, not the power make national enacted by
and pass laws. In cases involving the legislation regional
iii. Initiative on assemblies and
issue of whether or not there was a
Local local legislative
valid delegation of power, our courts
Legislation – bodies.
have to find out the following: refers to
1. Is the law which delegates petition
powers complete in itself, or proposing to
does it not set forth the policy enact a
to be executed by the delegate regional,
provincial, city
(completeness test)
or municipal
2. Does the law fix standard or barangay
limits which are sufficiently law,
determinate or determinable resolution or
to which the delegate must ordinance.
conform (sufficient standard
test)
3. People’s Initiative on Statutes The President under Martial Law rule or
in a revolutionary government
Initiative Referendum The Congress may, by law, authorize
(Sec 3(a), RA No. (Sec3(a), RA No. the President to exercise emergency
6735) 6735) powers under Section 23(2), Art VI of
the 1987 Constitution. Due to
It is the power of It is the power of
situations caused by war or other
the People to the electorate to
propose approve or reject national emergency and in order to be
amendments to the legislation able to act promptly, the President may
the Constitution through an action be authorized by Congress to exercise
or to propose or called for the emergency powers, instead of Congress
enact legislation purpose. itself going through the law-making
through an
process, which is necessarily subject to
election called for
 protracted discussion and debate. The
amount of time consumed for this
process entails serious delay in the
solution of the problems which actually
need immediate solutions.
B. House of Congress
1. Senate
a. Composition – composed of 24
senators who shall be elected at
large by the qualified voters of the
Philippines, as may be provided by
law (Sec2, Art VI, 1987
Constitution).
b. Qualifications –
i. Natural-born citizen of the
Philippines
ii. At least 35 years of age on
the day of the election
iii. Able to read and write
iv. A registered voter
v. A resident of the
Philippines for not less
than two year
immediately preceding
the elections. (Sec3, Art
VI, 1987 Consitution)
c. Term – Six (6) years which shall
commence at noon on the thirtieth
day of June next following their
election. (Sec4, Art VI, 1987
Constitution)
d. Re-election – No senator shall
serve for more than two
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.
(Sec4, Art VI, 1987 Constitution)
e. Manner of election – elected at
large by the entire electorate
(Sec2, Art VI, 1987 Constitution)
2. House of Representatives
a. Compostition – composed of not
more that two hundred and fifty
members who shall be elected
from legislative districts (Sec 5(1),
ArtVI, 1987 Constitution). They are
composed of:
i. District Representatives –
there shall be no less than
two hundred members in
the House of
Representatives.
ii. Party-list representatives
– there are fifty seats
initially allowed to the
party-list members, to be
chosen from the various
parties listed in the
Commision on Elections
which have presented
candidates in the election
(Sec5(1) and (2), ArtVi,
1987 Constitution). These
members are called and
referred to as sectoral
representatives.
b. Quallifications –
i. Natural-born citizen of the
Philippines
ii. At least 25 years of age on
the day of the election
iii. Able to read and write
iv. A registered voter in the
district where he shall be
elected
v. A resident in the district
for a period of not less
than 1 year immediately
preceding the day of the
election (Sec6, ArtVI, 1987
Constitution)
c. Term - Three (3) years which shall
commence at noon on the thirtieth
day of June next following their
election. (Sec7, Art VI, 1987
Constitution)
 d. Re-election - No member of the
House of Representatives shall
serve for more than three
consecutive terms. Voluntary
renunciation of the office for any
length of time shall not be
considered as an interruption in
the continuity of his service for the
full term for which he was elected.
(Sec7, Art VI, 1987 Constitution)
e. Manner of election – directly
elected from various legislative
districts (Sec5(1), Art VI, 1987
Constitution)
Party List System
Party-List Representatives – who shall constitute
20% of the total number of representatives, elected
through a party-list system of registered national,
regional, and sectoral parties or organizations.
Party-List System Act - R.A. 7941
The party-list representatives shall constitute
twenty per centum (20%) of the total number of
the members of the House of Representatives
including those under the party-list.
the parties, receiving at least two percent (2%)
of the total votes cast for the party-list system
shall be entitled to one seat each those
garnering more than two percent (2%) of the
votes shall be entitled to additional seats in
proportion to their total number of votes; each
party, organization, or coalition shall be entitled
to not more than three (3) seats.
Veterans Federation v. COMELEC, October 6,
2000
20% Allocation- the combined number of all
party-list congressmen shall not exceed 20% of
the total membership of the House of
Representatives. 2% threshold – only those
parties garnering a minimum of 2% of the total
votes cast for the party-list system are qualified
to have a seat in the House. Three seat limits –
each qualified party, regardless of the number
of votes it actually obtained is entitled to a
maximum of three seats (1 qualifying and 2
additional seats) Proportional representation –
the additional seats which a qualified party is
entitled to shall be computed “in proportion to
their total number of votes.”
Banat vs. Comelec, 
 April 21, 2009
We cannot allow the continued existence of a
provision in the law which will systematically
prevent the constitutionally allocated 20%
party-list representatives from being filled. The
three-seat cap, as a limitation to the number of
seats that a qualified party-list organization may
occupy, remains a valid statutory device that
prevents any party from dominating the party-
list elections. Seats for party-list
representatives shall thus be allocated in
accordance with the procedure used in Table 3
above.
Atong Paglaum vs. Comelec, April 2, 2013
Three different groups may participate in the
party-list system: 1) national parties or
organizations, 2) regional parties or
organizations, 3) sectoral parties or
organizations. National parties or organizations
and regional parties or organizations do not
need to organize along sectoral lines and do not
need to represent any “marginalized and
underrepresented” sector. Political parties can
participate in party-list elections provided they
register under the party-list system and do not
field candidates in legislative district elections. A
political party, whether major or not, that fields
candidates in legislative district elections can
participate in partylist elections only through its
sectoral wing that can separately register under
the party-list system.
(Source: 2018 Political and Public International
LawAtty. Cecilio D. Duka, Ed.D.)
When a person is considered a member of Congress.
Q: A petition was filed to cancel the COC of Reyes
as candidate for the position of Representative of
the Lone District of the Province of Marinduque
alleging material misrepresentation. The petition
was granted but she filed a motion for
reconsideration. During the pendency of the MR,
the elections were held on May 13, 2013 and on
May 14, 2013, the COMELEC en banc affirmed the
resolution. But despite such affirmation the PBOC
of Marinduque proclaimed Reyes as the winner.
Velasco filed a Petition for Certiorari with the
COMELE assailing the proceedings of the PBOC and
the proclamation of Reyes, that it is void. It was
initially denied but it was reconsidered by the
COMELEC and declared that the proclamation of
Reyes was void. Reyes, however took her oath as
elected representative, hence, Velasco filed a
petition for mandamus to compel Belmonte to
allow him to assume office. Reyes, however,
contended that since she has taken her oath
already, the HRET has the power to decide the
issue, hence, the mandamus case is not the proper
remedy. Is the contention of Reyes correct? Explain.
A: No. HRET has no jurisdiction to try the said case.
Reyes cannot assert that it is the HRET that has
jurisdiction over her. To be considered a Member of
the House of Representatives, there must be a
concurrence of the following requisites: (i) a valid
proclamation, (ii) a proper oath, and (iii) assumption
of office.
Reyes was not yet considered a Member of
the House of Representatives. The most crucial time
is when Reyes's COC was cancelled due to her non-
eligibility to run as Representative of the Lone
District of the Province of Marinduque - for without
a valid COC, Reyes could not be treated as a
candidate in the election and much less as a duly
proclaimed winner. That particular decision of the
COMELEC was promulgated even before Reyes's
proclamation.
Hence, the Petition for Mandamus was
granted. Speaker Belmonte, Jr. and Sec. Gen. Barua-
Yap were ordered to acknowledge and recognize the
final and executory Decisions and Resolution of this
Court and of the COMELEC by administering the oath
of office to Velasco and entering the latter's name in
the Roll of Members of the House of Representatives
(Velasco v. Belmonte, G.R. No. 211140, January 12,
2016). (Source: ABRC2017 Special Lecture Notes in
Political Law)
C. Legislative Privileges, Inhibitions and
Disqalifications
Immunities (Sec11, Art VI, 1987
Constitution)
1. Privilege from Arrest – in all offenses
punishable by not more than 6 years
imprisonment, a senator or a member
of the house of representatives shall be
privileged from arrest while the
congress is in session.
2. Parliamentary privilege of speech – the
senators or the representatives shall
not be questioned nor be held liable in
any other place for any speech or
debate in the congress or in any
committee thereof.
Conflict of Interest (Sec12, Art VI, 1987
Constitution)
Q: Under Section 12, Art VI of the 1987
Constitution, senators and members of the
house of representatives shall make full
disclosure of their financial and business
interest and shall notify the house
concerned of a potential conflict of interest.
When shall they make their full disclosure
and notice? Why?
A: they shall do so upon assumption of
office (sec12, art VI, 1987 Constitution) to
prevent them from using the influence of
their position and to reduce, if not
eliminate, the propagation of their personal
and business interest, especially those
which are contrary to and adverse to public
interest.
Incompatible and Forbidden Offices (Sec13,
ArtVI, 1987 Constitution)
1. They cannot hold incompatible offices
which means that they cannot
simultaneously hold the incompatible
office while serving their term in
offices.
2. They cannot be reappointed to any
office which may be created or the
emoluments thereof increased during
the term for which they are created.
General Rule: A senator or a member of the
house of representatives may not hld any
 other office or employment in the
government or any subdivision, agency or
instrumentality thereof, including GOCCs
and their subsidiaries, during his term
without forfeiting his seat.
Exception: If it is shown that the said ‘other
office or employment’ is an extension of the
legislative duties.
Crucial test: whether one office is
subordinate to the other office in the sense
that one office has the right to interfere
with the other (Adaza vs. Pacana 135 SCRA
431)
Inhibitions and Disqualifications (Sec14,
ArtVI, 1987 Constitution)
1. During their term in office, they cannot
personally appear as counsel in: (a) any
court of justice; or (b) before Electoral
Tribunals; or (c) before quasi-judicial
and other administrative bodies.
2. During their term of office, they cannot
directly or indirectly be interested
financially in any contract or franchise
of privilege granted by the government
or in any subdivision, agency or
instrumentality thereof, including any
government owned or controlled
corporation, or its subsidiary.
3. During their term of office, they shall
not intervene in any matter before any
office of the government for their
pecuniary benefit or where they may
be called upon to act on account of
their office.
D. Quorum and Voting Majorities
Quorum – the number of persons of the
body which, when legally assembled in their
places, will enable the body to transact its
proper business; that number that makes a
lawful body and give it power to pass a law
or ordinance or do any other valid
corporate act.
Q: what constitute a quorum to do
business in each house?
A: A majority of all the members 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 penalties, as such house
may provide (Sec 16(2), ArtVI, 1987
Constitution)
Rule of Majority – the will of the greater
number of people, whether referring to the
citizens of the Philippines who choose theur
representatives, or to a number of people in
a community or organization, who chooses
their officers.
Different interpretation if what
constitutes a majority
1. Proclamation of martial law or
suspension of the privilege of
Habeas Corpus
The said majority apparently
refers to the majority vote of all the
members of each house, voting
jointly. This means one-half plus one
of the total membership (Sec18,
ArtVII of the 1987 Constitution)
2. Quorum of each house
The said majority refers to the
majority vote of each house
(Sec16(2), ArtVI, 1987 Constitution)
3. Suspension or expulsion of a
member
This refers to two-thirds vote of
all members of each house
(Sec16(3), ArtVI, 1987 Constitution)
4. Constitutionality of a treaty,
international or executive
agreement or law
The said majority does not refer
to the majority vote of the justices
of the Supreme Court composed of
fifteen members, but possibly only
to five out of eight members, or
three out of five members thereof,
who actually took part in the
deliberations of the issue in the case
and who voted thereon, the said
number being the majority of eight,
or majority of five members who
actually took part in the
deliberations of the case and who
voted thereon. (Sec4(2), Art VIII,
1987 Constitution)
5. A majority of one
A dissenting vote of one
Sandiganbayan justice will prevent a
decision of the two other members
of the division as a unanimous vote
 is required for such decision. In that President make an appointment
sense, the lone dissenting vote is during the recess?
considered as the majority of one. A: Yes. But the said appointment is
subject to the consideration,
E. Discipline of members confirmation or rejection of the
Each House may determine the rules of Commission on Appointments. This is
its proceedings (Sec16(3), ArtVI, 1987 called an ad interim appointment.
Constitution)
Each House may punish, suspend or G. Powers of the Congress
expel its members for disorderly behavior, 1. Legislative
subject to the following conditions: a. Legislative Inquiries and oversight
1. Said punishment, suspension or functions
expulsion must have the concurrence Difference between the right of the
of two-thirds of its members legislature to conduct inquiry in aid
2. A penalty of suspension, when of legislation (Sec21, ArtVI, 1987
imposed, shall not exceed sixty days Constitution) and the power to
(Sec16(3), ArtVI, 1987 Constitution) conduct Question Hour (Sec22,
ArtVI, Constitution)
F. Electoral Tribunals and the Commission on
Appointments Sec21 Sec22
Nature and Powers 1. Under this 1. Under this
Electoral Tribunals – the senate section, section, Congress
and the house of representatives shall Congress has can conduct a
each have an electoral tribunal which the power to question hour,
shall be the sole judge of all contests conduct the objective of
relating to the election, returns and inquiries in which is to obtain
qualifications of their respective aid of information in
members. It is composed of 9 members legislation the pursuit of
(3 justices of the Supreme Court aim of which Congress
designated by the Chief Justice, the is to elicit oversight
most senior justice will be the information functions.
Chairman and 6 members of the senate that may be 2. Under this
or the house or representatives) used for section,
(Sec17, ArtVI, 1987 Constitution) legislation attendance is
Commission on Appointments – it 2. Under this discretionary,
is composed of the senate president as section, hence, it is valid
the ex-officio chairman, 12 senators attendance is for the President
and 12 members of the house of compulsory to require that
representatives elected by each house 3. Congress can consent be
on the parties of proportional compel the required first
representation. The chairman shall not attendance of before
vote except in case of a tie. The an executive subordinates
commission shall act on all official appear in
appointments submitted to it within Congress during
thirty session days of the congress from question hour.
their submission. The commission shall 3. Congress cannot
rule by a majority vote of all the compel the
members. (Sec18, ArtVI, 1987 appearance of
Constitution) executive officials
if the required
Q: If the Commission on consent of the
Appointments can meet only during president is not
the sessions of Congress, can the
 obtained first, or
if no such consent
is given.
Legislative inquiries: Valid reason
to refuse attendance: The
invitation does not indicate
possible needed statute, subject of
the inquiry and advance list of
questions: Invitations to attend
congressional inquiries should
contain possible needed statute
which prompted the need for the
inquiry, along with the usual
indication of the subject of inquiry
and the questions relative to and in
furtherance thereof." Compliance
with this requirement is
imperative. There must be an
advance list of questions. (See Neri
v. Senate Committee on
Accountability of Public Officers
and Investigation, G.R. No. 180643,
March 25, 2008; Senate v. Ermita,
G.R. No. 169777, April 20, 2006)
How executive privilege must be
asserted:
Senate v. Ermita, G.R. No. 169777,
April 20, 2006
The claim of privilege must not be
implied, and must be clearly
asserted; there must be a formal
claim. The facts on which the claim
is based must be established; the
precise and certain reasons for the
claim of privilege must be
provided. The privilege must be
invoked by the President or on his
behalf.
Power of inquiry includes the
power to compel attendance of
witness:
Standard Chartered Bank v.
Senate Committee on Banks, G.R.
No. 167173, December 27, 2007
The power of legislative
investigation includes the power to
compel the attendance of
witnesses. Corollary to the power
to compel the attendance of
witnesses is the power to ensure
that said witnesses would be
available to testify in the legislative
investigation.
Power of inquiry includes the
power to cite for contempt: The
conferral of the legislative power
of inquiry upon any committee of
Congress must carry with it all
powers necessary and proper for
its effective discharge. The
indispensability and usefulness of
the power of contempt in a
legislative inquiry is underscored in
a catena of cases, foreign and local.
(Sabio v. Gordon, G.R. No. 174340,
October 17, 2006)
The exercise by the legislature of
the contempt power is a matter of
selfpreservation as that branch of
the government vested with the
legislative power, independently of
the judicial branch, asserts its
authority and punishes contempts
thereof. (Sabio v. Gordon, G.R. No.
174340, October 17, 2006) (Source:
Political Law Reviewer 2017 by
Atty. Alexis Medina)
Senate vs. Ermita, G.R. No.
169777 April 20, 2006
The Congress power of
inquiry is expressly recognized
in Section 21 of Article VI of the
Constitution.
Congress undoubtedly
has a right to information from
the executive branch whenever
it is sought in aid of legislation.
If the executive branch
withholds such information on
the ground that it is privileged,
it must so assert it and state the
reason therefor and why it must
 be respected.
(Source: 2018 Political and Public
International LawAtty. Cecilio D.
Duka, Ed.D.)
b. Bicameral Conference Committee
c. Limitations on Legislative Power
i. Limitations on revenue,
appropriations and tariff
measures
All appropriation, revenue
or tariff bills, bills authorizing
increase of public debt, bills of
local application, and private bills
shall originate from the House of
Representatives, but the Senate
may propose or concur with
amendments. (Sec24, ArtVI, 1987
Constitution)
The Power of Appropriation
Lawyers Against Monopoly and
Poverty (LAMP) v. The
Secretary of Budget and
Management, G.R. No. 164987,
April 24, 2012, En Banc
[Mendoza]
From the regulation of fund
releases, the implementation of
payment schedules and up to
the actual spending of the
funds specified in the law, the
Executive takes the wheel. “The
DBM (Department of Budget
and Management) lays down
the guidelines for the
disbursement of the fund. The
Members of Congress are then
requested by the President to
recommend projects and
programs which may be funded
from the PDAF (Priority
Development Assistance Fund).
The list submitted by the
Members of Congress is
endorsed by the Speaker of the
House of Representatives to
the DBM, which reviews and
determines whether such list of
projects submitted is consistent
with the guidelines and the
priorities set by the Executive.”
This demonstrates the power
given to the President to
execute appropriation laws and
therefore, to exercise the
spending per se of the budget.
Concept of the Pork Barrel System.
The Court has defined the Pork
Barrel Systemas the collective body
of rules and practices that govern
the manner by which lump-sum,
discretionary funds, primarily
intended for local projects, are
utilized through the respective
participations of the Legislative and
Executive branches of government,
including its members. The Pork
Barrel System involves two (2) kinds
of lump-sum, discretionary funds:
First, there is the Congressional
Pork Barrel which is herein defined
as a kind of lump-sum,
discretionary fund wherein
legislators, either individually or
collectively organized into
committees, are able to effectively
control certain aspects of the
fund’s utilization through various
post-enactment measures and/or
practices. x xx and
Second, there is the Presidential
Pork Barrel which is herein defined
as a kind of lump-sum,
discretionary fund which allows
the President to determine the
manner of its utilization. x xx the
Court shall delimit the use of such
term to refer only to the
Malampaya Funds and the
Presidential Social Fund. (Belgica, et
al. v. Exec. Sec. Paquito N. Ochoa,
et al., G.R. No. 208566, 710 SCRA 1,
50-51, November 19, 2013, En Banc
[Perlas-Bernabe].
The “Pork Barrel” System Declared
Unconstitutional: Reasons
The Court rendered this Decision to
rectify an error which has persisted
in the chronicles of our history. In
the final analysis, the Court must
strike down the Pork Barrel System
as unconstitutional in view of the
inherent defects in the rules within
which it operates. To recount,
insofar as it has allowed legislators
to wield, in varying gradations, non-
oversight, post-enactment authority
in vital areas of budget execution,
the system has violated the
principle of separation of powers;
insofar as it has conferred unto
legislators the power of
appropriation by giving them
personal, discretionary funds from
which they are able to fund specific
projects which they themselves
determine, it has similarly violated
the principle of non-delegability of
legislative power; insofar as it has
created a system of budgeting
wherein items are not textualized
into the appropriations bill, it has
flouted the prescribed procedure
ofpresentment and, in the process,
denied the President the power to
veto items; insofar as it has diluted
the effectiveness of congressional
oversight by giving legislators a
stake in the affairs of budget
execution, an aspect of governance
which they may be called to
monitor and scrutinize, the system
has equally impaired public
accountability; insofar as it has
authorized legislators, who are
national officers, to intervene in
affairs of purely local nature,
despite the existence of capable
local institutions, it has likewise
subverted genuine local autonomy;
and again, insofar as it has
conferred to the President the
power to appropriate funds
intended by law for energy-related
purposes only to other purposes he
may deem fit as well as other public
funds under the broad classification
of “priority infrastructure
development projects,” it has once
more transgressed the principle of
non-delegability. (Belgica, et al. v.
Exec. Sec. Paquito N. Ochoa, et al.,
G.R. No. 208566, 710 SCRA 1, 50-
51, November 19, 2013, En Banc
[Perlas-Bernabe]. (Source:
ABRC2017 Special Lecture Notes in
Political Law)
ii. Presidential Veto and
Congressional Override
Q: In case the president has a veto
message, what are the two
possibilities that may happen?
A: (1) The House where the bill
originated may take into account
the objections made by the
President and make corresponding
amendments in the bill to
accommodate the requests or
wishes of the President. When this
happens, the bill, as amended will
again be presented to the
President for his approval.
(2) The other possibility is that
two-thirds of all members of each
house may invalidate the veto and
convert the bill into law over the
objection of the president.
 Q: Within what period shall the
President communicate his veto of
any bill?
A: The President shall
communicate his veto of any bill to
the House where it originated
within thirty days after the date of
the receipt thereof; otherwise, it
shall become law as if he had
signed it (Sec27(1), ArtVI, 1987
Constitution)

2. Non-legislative
a. Informing Function
b. Power of Impeachment
c. Other non-legislative powers
Power to canvass presidential
elections
Power to declare the existence of a
state of war