ARTICLE VI – LEGISLATIVE this by enacting a new law or by

DEPARTMENT amending the old law, thereby attaining

an interpretation that will wipe out the
decisions of the judicial department.
5. The legislature also checks executive
INTRODUCTION
action when it confirms or refuses to
Doctrine of Separation of Powers – It confirm presidential appointments.
operates to maintain the legislative powers to
Blending of Powers – Sharing of powers of the
the legislative department, the executive powers
different departments of government whereby
to the executive department and those which
one department helps and coordinates with the
are judicial in character to the judiciary. The
other in the exercise of a particular power,
person entrusted with power in any of the
function, or responsibility. It is the process of
departments of government shall not be
sharing and collaborating with each other that
permitted to encroach upon the power confined
one department not only helps but also checks
to the others, but each shall, by the law of its, be
the other if for any valid reason it is deemed
limited to the exercise of the powers appropriate
necessary for the public good.
to its own department.
Examples:
Principle of checks and balances – Under the
system of checks and balances, one 1. The President and Congress help one
department is given certain powers by which it another in making laws. Congress enacts
may definitely restrain the others from bills and the President approves it.
exceeding constitutional authority. It may object 2. The President prepares a budget and
or resist any encroachment upon its authority, or Congress enacts an appropriation bill
it may question, if necessary, any act or acts pursuant to that budget.
which unlawfully interfere with its sphere of 3. The President enter into treaty with
jurisdiction and authority. foreign countries and the Senate ratifies
the same.
Examples:
4. The Supreme Court may declare a treaty,
1. The legislature is responsible for the international or executive agreement, or
enactment of laws but these laws have to law, as unconstitutional, and it has also
be presented to the executive the power to declare invalid any act done
department for its approval. The by the other departments of government.
President may veto or disapprove the
Delegation of Powers – what is delegated to
acts of legislature if in its judgment they
the administrative agencies is merely the power
are not in conformity with the constitution.
to make and issue rules, not the power to make
2. The courts are authorized to determine,
or pass laws. In cases involving the issue of
in actions brought to it for decision, the
whether or not there was a valid delegation of
validity of the said legislative measures
power, out courts have to find out the following:
or executive acts.
3. The executive department through the 1. Completeness Test – law must be
pardoning power, may also modify or set complete in itself in all its terms and
aside the judgment of the courts. provisions when it leaves the legislature
4. The legislature may amend or revoke so that nothing is left to the judgment of
decisions of the courts when in its the delegate. Otherwise, the statute is
judgment, the interpretation given to a unconstitutional delegation of power.
law by the courts is not in harmony with 2. Sufficient Standard Test – A sufficient
the general policy of the State. It may do standard not only defines the policy fixed
 by the legislature but also marks its limits
by specifying the extent of the authority
of the delegate as well as the conditions
under which the said policy should be
implemented.
A statute is complete when the subject, the
manner, and the extent of its operation are
therein stated. It is for this reason that the
legislature should clearly state the legislative
policy to be implemented by the delegate, who
should implement the same, and the scope of
authority to the delegate.
Limits on the Legislative Power
There are two kinds, substantive and
procedural. Substantive limits curtail the
contents of a law. For example, no law may be
passed which impairs freedom of speech.
Procedural limits curtail the manner of passing
laws. For example, a bill must generally be
approved by the President before it becomes
law.
May Congress delegate its legislative power?
No. Legislative power must remain where the
people have lodged it. However, there are two
exceptions to this rule: (1) by immemorial
practice legislative power may be delegated to
local governments, Rubi v. Provincial Board, 39
Phil. 660 (1919); (2) the Constitution itself might
in specific instances allow delegation of
legislative power, e.g., Article VI, Sections 23(2)
and 28(2).
Section 1 – THE LEGISLATIVE POWER
SHALL BE VESTED IN THE CONGRESS OF
THE PHILIPPINES WHICH CONSIST OF A
SENATE AND A HOUSE OF
REPRESENTATIVES EXCEPT TO THE
EXTENT RESERVED TO THE PEOPLE BY
THE PROVISION ON INITIATIVE AND
REFERENDUM.
1. Referendum – Submission of a law or
part thereof passed by the national or
local legislative body to the qualified
voters for their ratification or rejection.
2. Initiative – Process whereby the people
directly propose and enact laws.
Amendments to the Constitution – maybe
proposed through initiative.
The Congress also discharges powers of a non-
legislative nature:
1. Canvass of Presidential elections
2. Declaration of the existence of state of
war
3. Confirmation of amnesties
4. Presidential appointments through CA
5. Amendment or revision of Constitution
6. Impeachment
Section 2 – THE SENATE SHALL BE
COMPOSED OF TWENTY-FOUR SENATORS
WHO SHALL BE ELECTED AT LARGE BY THE
QUALIFIED VOTERS OF THE PHILIPPINES,
AS MAY BE PROVIDED BY LAW.
Q. What is the composition of the Senate?
A. Twenty-four Senators elected at large.
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.
Q. What are the qualifications of a Senator?
A. Section 3. These may neither be added to
nor subtracted from by Congress.
Q. What does "on the day of the election" mean?
A. It means on the day the votes are cast.
Section 4 – THE TERM OF OFFICE OF THE
SENATORS SHALL BE SIX YEARS AND
SHALL COMMENCE, UNLESS OTHERWISE
PROVIDED BY LAW, AT NOON ON THE
THIRTIETH DAY OF JUNE NEXT FOLLOWING
THEIR 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.
Q. What is the term of office of a Senator?
A. Section 4.
Q. May a Senator serve for more than two
terms?
A. Yes, provided that the terms are not
consecutive.
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.
(2) THE PARTY-LIST REPRESENTATIVES
SHALL CONSTITUTE TWENTY PER CENTUM
OF THE TOTAL NUMBER OF
REPRESENTATIVES INCLUDING THOSE
UNDER THE PARTY LIST. FOR THREE
CONSECUTIVE TERMS AFTER THE
RATIFICATION OF THIS CONSTITUTION,
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 RELIGIOUS SECTOR.
(3) EACH LEGISLATIVE DISTRICT SHALL
COMPRISE, AS FAR AS PRACTICABLE,
CONTIGUOUS, COMPACT AND ADJACENT
TERRITORY. EACH CITY WITH A
POPULATION OF AT LEAST TWO HUNDRED
FIFTY THOUSAND, OR EACH PROVINCE,
SHALL HAVE AT LEAST ONE
REPRESENTATIVE.
(4) WITHIN THREE YEARS FOLLOWING THE
RETURN OF EVERY CENSUS, THE
CONGRESS SHALL MAKE A
REAPPORTIONMENT OF LEGISLATIVE
DISTRICTS BASED ON THE STANDARDS
PROVIDED IN THIS SECTION.
Q. What is the total composition of the House of
Representatives?
A. Not more than 250 members, unless
otherwise provided by law.
Q. How do representative districts come into
existence?
A. They are created by law. The ARMM
Regional Assembly may not create a
representative district. Nor may it creates
province because a province automatically gets
one representative district. Sema v. Comelec,
G.R. No. 177597, July 16, 2008. The creation of
legislative districts does not need confirmation
by plebiscite if it does not involve the creation of
a local government unit. Bagabuyo v. Comelec,
G.R. No. 176970, December 8,2008.
Q. How are members of the House classified?
A. (1) district representatives, each representing
one congressional district;
(2) party-list representatives, elected through
the "party-list system."
(3) sectoral representatives, but these existed
only until 1998.] Party-list system
Q. How does the "party-list system" work?
A. Under the system, "registered national,
regional, and sectoral parties or organizations"
submit a list of candidates arranged in the order
of priority. During congressional elections, such
parties or organizations are voted for at large,
and the number of seats a party or organization
will get, out of the twenty percent allocated for
party-list representatives, will depend on the
number of votes garnered nationwide. The
details for the operation of the party list system
will be provided by law.
Q. What is the reason for the introduction of the
party list system?
A. It is hoped that the system will democratize
political power by encouraging the growth of a
multi-party system while at the same time giving
power to those who traditionally do not win in
elections.
Q. What organizations may participate in the
party list system?
A. According to the Supreme Court, the intent of
the Constitutional Commission and the
implementing statute, R A. 7941, was not to
allow all associations to participate
indiscriminately in the system but to limit
participation to parties or organizations
representing the "marginalized and
underprivileged." For this purpose, the Court
laid down the following guidelines for the
Comelec to apply:
1. The parties or organizations must represent
the marginalized and underrepresented in
Section 5 of RA.7941;
2. Political parties who wish to participate must
comply with this policy;
3. The religious sector may not be represented;
4. The party or organization must not be
disqualified under Section 6 of R.A. 7941;
5. The party or organization must not be an
adjunct of or a project organized or an entity
funded or assisted by the government;
6. Its nominees must likewise comply with the
requirements of the law;
7. The nominee must likewise be able to
contribute to the formulation and enactment of
legislation that will benefit the nation. Ang
Bagong Bayani, et al. v. Comelec, G.R. No.
147589, June 26,2001.
Q. Who determines whether a party is qualified
to participate in the party list system?
A. The Comelec. Qualification is a question of
fact and therefore is not subject to review by
certiorari. VC Cadangen, et al. v. Comelec, G.R.
No. 177179, June 5, 2009.
Q. What are the qualifications of a party-list
nominee?
A. As found in Section 9 of R.A. 7941, they are:
SECTION 9. Qualifications of Party-List
Nominees. — No person shall be nominated as
party-list representative unless he is a natural-
born citizen of the Philippines, a registered
voter, a resident of the Philippines for a period
of not less than one (1) year immediately
preceding the day of the election, able to read
and write, a bona fide member of the party or
organization which he seeks to represent for at
least ninety (90) days preceding the day of the
election, and is at least twenty-five (25) years of
age on the day of the election. In case of a
nominee of the youth sector, he must at least be
twenty-five (25) but not more than thirty (30)
years of age on the day of the election. Any
youth sectoral representative who attains the
age of thirty (30) during his term shall be allowed
to continue in office until the expiration of his
term.
Q. May religious leaders be elected or selected
as sectoral representatives?
A. Yes. The prohibition is against representation
of religious sectors but not against religious
leaders becoming representatives.
Q. How are the representative districts
apportioned?
A. "Each legislative district shall comprise, as far
as practicable, contiguous, compact and
adjacent territory. Each city with a population of
at least two hundred fifty thousand, or each
province, shall have at least one
representative.'' "Within three years following
the return of every census, the Congress shall
make a reapportionment of legislative districts
based on the standards provided in this
section."
Q. Why are representative districts apportioned
among provinces, cities, and municipalities "in
accordance with the number of their respective
inhabitants, and on the basis of a uniform and
progressive ratio?"
A. The underlying principle behind this rule for
apportionment is the concept of equality of
representation which is a basic principle of
republicanism. One man's vote should carry as
much weight as the vote of every other man.
Q. What is the rule on the representation of
provinces and cities?
A. Each province, irrespective of population, is
entitled to one representative; each city with a
population of at least 250,000 is entitled to at
least one representative.
Q. Does the creation of a legislative district need
confirmation by plebiscite?
A. The creation of legislative districts does not
need confirmation by plebiscite if it does not
involve the creation of a local government unit.
Bagabuyo v. Comelec, G.R. No. 176970,
December 8, 2008.
Q. Must a representative district have a
population of 250,000.
A. For a city to qualify as a legislative district it
must have a population of at least 250,000. The
250,000 minimum applies only to cities seeking
to become a representative district. On this
basis the Court allowed creation of
representative districts of disproportionate sizes
in Aquino III v. Comelec, G.R. No. 189793, April
7, 2010. [The Court completely ignored the
requirement of proportional representation.]
Q. Why was the creation of Malolos City into a
representative district invalidated?
A. Because it did not satisfy the 250,000
population requirement. The certification made
by Regional Director Miranda of the NSO has no
legal basis. Aldaba v. Comelec, G.R No.
188078, January 25,2010. Affirmed on
reconsideration March 15,2010.
Q. What is "gerrymandering?" Is it allowed?
A. "Gerrymandering," which is the formation of
one legislative district out of separate territories
for the purpose of favoring a candidate or a
party, is not allowed. The Constitution says that
each district shall "comprise, as far as
practicable, contiguous, compact and adjacent
territory."
Q. If a candidate who received the highest
number of votes is disqualified, does the
candidate who received the second highest
number of votes assume the office?
A. No. It is of no moment that there is only a
margin of 768 votes between protestant and
protestee. Whether the margin is ten or ten
thousand, it still remains that protestant did not
receive the mandate of the majority during the
elections. Thus, to proclaim him as the duly
elected representative in the stead of protestee
would be anathema to the most basic precepts
of republicanism and democracy as enshrined
within our Constitution. In effect, we would be
advocating a massive disenfranchisement of the
majority of the voters of the sixth district of
Manila. Ocampo v. HRET, G.R. No. 158466,
June 15,2004.
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.
Q. What are the qualifications of a member of
the House of Representatives?
A. Section 6. Note, however, that a party-list
representative need not be "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." Note, moreover, that Congress may
not diminish nor increase these qualifications.
Q. What is the meaning of residence as a
qualification for membership in the House of
Representatives?
A. What is required is not just temporary
residence but "domicile" as this has been
defined in jurisprudence. Normally, a person's
domicile is his domicile of origin. If a person
never loses his or her domicile, the one year
requirement of Section 6 is not of relevance
because he or she is deemed never to have left
the place. If, however, a person loses his or her
domicile either by voluntary abandonment for a
new one or by marriage to a husband who under
the Civil Code dictates the wife's domicile, one
must be domiciled in the new place for at least
one year immediately preceding the election if
one wants to represent the place in Congress.
Similarly, if a person, having once lost his or her
domicile, should decide to re-establish herself or
himself in his former domicile, the one year
requirement would also apply.
Q. Records show that petitioner's domicile of
origin was Candon, Ilocos Sur and that
sometime in 1991, he acquired a new domicile
of choice at 24 Bonifacio St. Ayala Heights, Old
Balara, Quezon City, as shown by his certificate
of candidacy for the position of representative of
the 3rd District of Quezon City in the May 1995
election. Petitioner is now claiming that he had
effectively abandoned his "residence" in
Quezon City and has established a new
"domicile" of choice at the Province of
Sarangani. Decide.
A. A person's "domicile" once established is
considered to continue and will not be deemed
lost until a new one is established. To
successfully effect a change of domicile one
must demonstrate an actual removal or an
actual change of domicile; a bona fide intention
of abandoning the former place of residence
and establishing a new one and definite acts
which correspond with the purpose. In other
words, there must basically be animus manendi
coupled with animus nan revertendi. The
purpose to remain in or at the domicile of choice
must be for an indefinite period of time; the
change-of residence must be voluntary; and the
residence at the place chosen for the new
domicile must be actual. It is the contention of
petitioner that his actual physical presence in
Alabel, Sarangani since December 1996 was
sufficiently established by the lease of a house
and lot located therein in January 1997 and by
the affidavits and certifications under oath of the
residents of that place that they have seen
petitioner and his family residing in then- locality.
While this may be so, actual and physical is not
in itself sufficient to show that from said date he
had transferred his residence in that place. To
establish a new domicile of choice, personal
presence in the place must be coupled with
conduct indicative of that intention.
While "residence" simply requires bodily
presence in a given place, "domicile" requires
not only such bodily presence in that place but
also a declared and probable intent to make it
one's fixed and permanent place of abode, one's
home. The lease contract entered into
sometime in January 1997, does not adequately
support a change of domicile. The lease
contract may be indicative of DOMINO's
intention to reside in Sarangani but it does not
engender the kind of permanency required to
prove abandonment of one's original domicile.
Further, Domino's lack of intention to abandon
his residence in Quezon City is further
strengthened by his act of registering as voter in
one of the precincts in Quezon City. While voting
is not conclusive of residence, it does give rise
to a strong presumption of residence especially
in this case where DOMINO registered in his
former barangay. Domino v. Comelec, G.R. No.
134015, July 19,1999.
Q. The Congress passes a law requiring that
candidates for the House must post a bond
equivalent to one year's salary of a
Congressman. Is the law valid?
A. The sum required as bond is so big that it
amounts to a property qualification. Property
qualifications are contrary to the social justice
provision of the Constitution, Maquera v. Borra,
15 SCRA 7 (1965). Moreover, this is an attempt
to add to the qualifications found in Section 6.
NOTE: Republic Act No. (RA.) 9165, otherwise
known as the Comprehensive Dangerous Drugs
Act of 2002, requires mandatory drug testing of
candidates for public office, students of
secondary and tertiary schools, officers and
employees of public and private offices, and
persons charged before the prosecutor's office
with certain offenses, among other
personalities. As applied to candidates for
national office, the requirement is
unconstitutional because it adds to the exclusive
qualifications for such offices prescribed by the
Constitution. Social Justice Society v.
Dangerous Drugs Board, G.R. No. 157870,
November 3,2008.
Section 7 – THE MEMBERS OF THE HOUSE
OF REPRESENTATIVES SHALL BE ELECTED
FOR A TERM OF THREE YEARS WHICH
SHALL BEGIN, UNLESS OTHERWISE
PROVIDED BY LAW, AT NOON ON THE
THIRTIETH DAY OF JUNE NEXT FOLLOWING
THEIR ELECTION. No MEMBER OF THE
HOUSE OF REPRESENTATIVES SHALL
SERVE FOR MORE THAN THREE
CONSECUTIVE TERMS. VOLUNTARY
RENUNCIATION OF THE OFFICE FOR ANY
LENGTH OF TIME SHALL NOT BE
CONSIDERED AS AN INTERRUPTION IN THE
CONTINUITY OF HIS SERVICE FOR THE
FULL TERM FOR WHICH HE WAS ELECTED.
Q. What is the term of a member of the House?
A. Section 7.
Q. May a member of the House serve for more
than three terms?
A. Yes, provided the terms are not successive.
Q. Section 67, Article IX, of the Omnibus
Election Code, BP Big. 881, says that any
"elective official whether national or local
running for any office other than the one he is
holding in a permanent capacity except for the
President and Vice-President shall be
considered ipso facto resigned from his office
upon the filing of his certificate of candidacy." Is
this still in effect?
A. This is no longer in effect having been
repealed by the Fair Election Law. Farinas, et al.
v. Executive Secretary, G.R. No. 147387,
December 10,2003; Quinto v. Comelec, G.R.
No. 189698, December 1, 2009.
Q. What is the difference between term and
tenure?
A. Term is the period during which an official I
entitled to hold office. Tenure is the period
during which the official actually holds the office.
Tenure can be shortened, e.g., by death or
removal. But term is changed only by
amendment. Dimaporo v. Mitra, Jr., G.R. No.
96859, October 15,1991.
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.
NOTE: A person holding office in the House
must yield his or her seat to the person declared
by the Comelec to be the winner. The Speaker
shall administer the oath on the winner. Codilla
v. de Venecia, G.R. No. 150605, December 10,
2002.
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.
Q. In case there is a vacancy in the Senate or
House of Representatives, is a special election
to fill the vacancy mandatory?
A. No. The matter is left to the discretion of
Congress — "in the manner prescribed by law."
But if there should be a special election, the
person elected shall serve only for the
unexpired term.
Q. Following confirmation of Senator Guingona
as Vice- President, the Senate called on
COMELEC to fill the vacancy through a special
election to be held simultaneously with the
regular elections on 14 May 2001. Twelve
Senators, with a 6-year term each, were due to
be elected in that election. Comelec issued a
resolution providing that the "Senatorial
candidate garnering the 13th highest number of
votes shall serve only for the unexpired term of
former Senator Teofisto T. Guingona, Jr."
Petitioner challenged the resolution because:
(1) it failed to notify the electorate of the position
to be filled in the special election as required
under Section 2 of Republic Act No. 6645 ("R.A.
No. 6645"); (2) it failed to require senatorial
candidates to indicate in their certificates of
candidacy whether they seek election under the
special or regular elections as allegedly required
under Section 73 of Batas Pambansa Big. 881;
and, consequently, (3) it failed to specify in the
Voters Information Sheet the candidates
seeking election under the special or regular
senatorial elections as purportedly required
under Section 4, paragraph 4 of Republic Act
No. 6646 (TLA. No. 6646"). Decide.
A. In a special election to fill a vacancy, the rule
is that a statute that expressly provides that an
election to fill a vacancy shall be held at the next
general elections fixes the date at which the
special election is to be held and operates as the
call for that election. Consequently, an election
held at the time thus prescribed is not
invalidated by the fact that the body charged by
law with the duty of calling the election failed to
do so. This is because the right and duty to hold
the election emanate from the statute and not
from any call for the election by some authority
and the law thus charges voters with knowledge
of the time and place of the election. Tolentino
v. Comelec, G.R. No. 148334, January 21,2004.
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.
Q. Upon the organization of the first Congress
under this Constitution, what will be the salary of
the members?
A. Two hundred four thousand pesos per
annum. Article XVIII, Section 17. Q. The
Congress, during the second year of its term,
approves an increase in salary effective during
the next budget year. Can the law be made
effective the next budget year? A. No. The
increased salary cannot take effect until the
following term.
Q. After Congress passes a law increasing the
salary of its members, special elections are held
to fill a vacancy in three congressional districts.
Will the newly elected members receive the
increased salary?
A. No because they would be serving within the
term of the members who approved the
increase.
Q. What is the reason for the delayed effect of
the increased salary?
A. Its purpose is to place a "legal bar to the
legislators' yielding to the natural temptation to
increase their salaries." Philconsa v. Mathay, 18
SCRA 300,307 (1966).
Q. While the salary of the members of the
Congress may not be increased during their
tenure, may other "emoluments" not forming
part of the fixed salary be tacked on during the
term?
A. The letter of the prohibition seems to allow
such indirect increase of salary because the
prohibition is not as all encompassing as the
prohibition found in the 1935 Constitution (which
prohibited 'per diems and other emoluments or
allowances'). What the letter of the present law
prohibits is immediate increase of "said
compensation," that is, salaries. It is submitted,
however, that one may legitimately appeal to the
spirit of the prohibition, expressed in Philconsa
v. Mathay, supra, and read the prohibition as an
absolute ban on any form of direct or indirect
increase of salary.
Q. May a member of the Congress receive office
and necessary travel allowances? If so, what is
the limit on such allowances?
A. Yes. Since such allowances do not form part
of the salary or compensation, allowances take
effect immediately. Nor is there a legal limit on
the amount that may be appropriated. The only
limit is moral, because, according to Section 20,
the books of Congress are audited by the
Commission on Audit "which shall publish
annually an itemized list of amounts paid and
expenses incurred for each Member."