DIFFERENCE BETWEEN UNICAMERAL AND BICAMERAL LEGISLATURE

The legislature is an organ of the government which is empowered to make laws and oversee the administration of the
government. There are two kinds of legislatures prevalent in the world, i.e. unicameral and bicameral. The unicameral
legislature is the system of the government where a single central unit has got the wholesole right to make laws and
decide upon government policies.

On the contrary, a bicameral legislature is one where there are two chambers of Parliament, i.e. the Upper house that
represents States, and the other is the Lower house that represents people of the country. In this type of legislature, the
powers are shared by the two houses. Let’s take a read of this article to understand the difference between unicameral
and bicameral legislature.

Comparison Chart

BASIS FOR UNICAMERAL BICAMERAL

COMPARISON LEGISLATURE LEGISLATURE

Meaning The form of government The legislative system of

that consist of only one the country, comprising of
legislative house or two-tier assemblies is
assembly, is called known as bicameral
unicameral legislature. legislature.

Powers Concentrated Shared

System of Unitary Federal

Government

Decision on Quick decision making Consumes time

Policies

Deadlocks Rare Common

Suitable for Small Countries Large Countries

Definition of Unicameral Legislature

When in a parliamentary system there is only one house to perform all the activities of the legislature, i.e. enacting laws,
passing a budget, looking after administration, discussion on matters concerning developmental plans, international
relations, national plans etc., then this form is called as Unicameral legislature or Unicameralism.

The members in case of a unicameral legislature are directly elected by the people and so it represents all the people.
Further, due to its simplicity, there are fewer chances of a deadlock situation.

Some of the countries where the unicameral legislature is practised are New Zealand, Iran, Norway, Sweden, China,
Hungary etc.

Definition of Bicameral Legislature

The bicameral legislature, or bicameralism, refers to the lawmaking body of a country that comprises of two separate
houses, i.e. the Upper house and the Lower house that shares the powers. Its primary objective is to ensure just and fair
representation of all the sectors or groups of the society, in the Parliament.

The bicameral structure is adopted in United Kingdom, United States, India, Canada, Spain, Japan, Italy, etc.

The members of the lower house are elected directly by the people through general elections to represent the general
public. On the other hand, the indirect method is used to elect members of the Upper house, which indicates political
subdivisions. The composition of the two chambers of the Parliament is different, in the number of seats, powers, voting
process and so forth.

Key Differences Unicameral and Bicameral Legislature

The difference between unicameral and bicameral legislature can be drawn clearly on the following grounds:

 Unicameral legislature or unicameralism is the legislative system having only one house or assembly. Conversely,
bicameral legislature refers to the form of government, wherein the powers and authority are shared between two
separate chambers.
 In a unicameral government, the powers are concentrated in a single house of the Parliament. As against, in a
bicameral government, the powers are shared by the Upper House and Lower House.
 The unicameral legislature is followed when a country is structured on a unitary system of government. On the
contrary, the bicameral legislature is practised in a country where there is the federal system of government.
 The decision making on policies and lawmaking is more efficient in the unicameral legislature, as compared to the
bicameral legislature. This is because, in a unicameral legislature, there is only one house so the passing of law
consumes less time. In contrast, in a bicameral legislature, the bill has to be passed by both the houses of the
parliament, to become an act.
 In a unicameral legislature the chances of deadlock situation is rare. But, in case of a bicameral legislature,
deadlock is common, when the two chambers are in disagreement, with respect to an ordinary bill. Then in such a
case a joint sitting of both the houses is summoned by the President to resolve the gridlock.
 The unicameral legislature is best for countries which are small in size. In contrast, the bicameral legislature is
appropriate for large countries.

Conclusion

The unicameral legislature is prevalent in those countries where there is no requirement of the bicameral legislature, as
well as the primary advantage is that lawmaking is easy. A bicameral legislature is adopted by many countries of the
world, to give voice to all the social group and sectors. In this way, it assures representation of all the classes of people.
Further, it prevents centralization of power but may result in deadlocks, that makes the passage of law difficult.
 ARTICLE VI – THE LEGISLATIVE DEPARTMENT
Sec. 1. The legislative power shall be vested in the
Congress of the Philippines, which shall consist of a
Senate and a House of Representatives, except to the
extent reserved to the people by the provision on
initiative and referendum.
Definition of Legislative Power:
The authority to make laws and to alter or repeal them.
Classification of legislative power: (O De CO)
1. Original – Possessed by the people in their sovereign
capacity
2. Delegated – Possessed by Congress and other
legislative bodies by virtue of the Constitution
3. Constituent – The power to amend or revise the
Constitution
4. Ordinary – The power to pass ordinary laws
Note:
The original legislative power of the people is exercised via
initiative and referendum. In this manner, people can
directly propose and enact laws, or approve or reject any
act or law passed by Congress or a local government unit.
Limits on the legislative power of Congress:
1. Substantive – limitations on the content of laws. E.g.
no law shall be passed establishing a state religion.
1. Procedural – limitations on the manner of passing
laws. E.g. generally a bill must go through three
readings on three separate days.
Note:
Provided that these two limitations are not exceeded,
Congress’ legislative power is plenary.
Corollaries of legislative power:
1. Congress cannot pass irrepealable laws. Since
Congress’ powers are plenary, and limited only by the
Constitution, any attempt to limit the powers of future
Congresses via an irrepealable law is not allowed.
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)]
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.
Sections 2-4. SENATE
Composition
24 senators who shall be elected at large by the qualified
voters of the Philippines, as may be provided by law.
Qualifications
1. Natural-born citizen;
2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter; and
5. Philippine resident for at least 2 years immediately
preceding the day of the election.
Note: The qualifications of both Senators and Members of
the House are limited to those provided by the Constitution.
Congress cannot, by law, add or subtract from these
qualifications.
Term of Office:
6 years, commencing (unless otherwise provided by law) at
noon, 30 June next following their election.
Term Limitations:
1. No Senator shall serve for more than 2 consecutive
terms.
2. Voluntary renunciation of 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.
Sections 5-7. HOUSE OF REPRESENTATIVES
Composition:
1. Not more than 25 members, unless otherwise fixed by
law; and
2. Party-list Representative
Election of 250 members
1. They shall be elected from legislative districts
apportioned among the provinces, cities and the
Metropolitan Manila area.
2. Legislative districts are apportioned in accordance
with the number of inhabitants of each area and on the
basis of a uniform and progressive ratio.
1. Each district shall comprise, as far as practicable,
contiguous, compact and adjacent territory;
2. Each city with at least 250,000 inhabitants will be
entitled to at least one representative.
3. Each province will have at least one representative.
4. Legislative districts shall be re-apportioned by
Congress within 3 years after the return of each
census. According to Jack, however, while the
apportionment of districts is NOT a political question,
the judiciary CANNOT compel Congress to do this.
5. The standards used to determine the apportionment
of legislative districts is meant to prevent
‘gerrymandering’, which is the formation of a legislative
district out of separate territories so as to favor a
particular candidate or party.
Qualifications
1. Natural born citizen of the Philippines;
2. At least 25 years old on the day of the election;
3. Able to read and write;
4. Registered voter in the district he seeks to represent;
and
5. A resident of such district for at least one year
immediately preceding the day of the election.
Term of Office
1. Each member of the House shall be elected for a term
of three (3) years which shall commence (unless
otherwise provided for by law) at noon on 30 June next
following their election.
2. Voluntary renunciation of 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.
Term Limitations
No member of the House of Representatives shall serve for
more than three (3) consecutive terms.
Distinctions between Term and Tenure
 1. Definition
1. Terms means the period during which the elected
officer is legally authorized to assume his office and
exercise the powers thereof.
2. Tenure is the actual period during which such officer
actually holds his position.
1. Limitation/Possible Reduction
1. Term CANNOT be reduced.
2. Tenure MAY, by law, be limited. Thus, a
provision which considers an elective office
automatically vacated when the holder thereof
files a certificate of candidacy for another
elective office (except President and Vice-
President) is valid, as it only affects the officers
tenure and NOT his constitutional term.
Party-List Representatives
1. Constitute 20% of the total number of representatives,
including those under the party-list system (thus a
maximum of 50 party-list members of the House)
1. However, for 3 consecutive terms from 2 February
1987 (i.e., the 1987-92, 92-95 and 95-98 terms), 25
seats shall be allotted to sectoral representatives.
Under Art. XVIII, Sec. 7, the sectoral representatives
are to be appointed by the President until legislation
otherwise provides.
1. Mechanics of the party-list system:
1. Registered organizations submit a list of
candidates in order of priority.
2. During the elections, these organizations are
voted for at large.
3. The number of seats that each organization
gets out of the 20% allotted to the system
depends on the number of votes they get.
1. Qualifications
1. Natural born citizen of the Philippines
2. At least 25 years of age on the day of the election
3. Able to read and write
Sec. 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.
Sec. 13-14: CONGRESSIONAL DISQUALIFICATIONS:
Disqualifications:
DISQUALIFICATION
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.
2. Legislators cannot be appointed to any office.
Sec. 10. Salaries of Senators and Members of the
House
Determination of Salaries:
Salaries of Senators and Members of the House of
Representatives shall be determined by law.
Rule on increase in salaries:
No increase in their salaries shall take effect until after the
EXPIRATION OF THE FULL TERM (NOT TENURE) OF
ALL THE MEMBERS OF THE SENATE AND THE HOUSE
OF REPRESENTATIVES APPROVING SUCH INCREASE.
Note: Since the Constitution ‘provides for rules on “salaries”
and not on ‘emoluments,’ our distinguished legislators can
appropriate for themselves other sums of money such as
travel allowances, as well as other side ‘benefits.’
Sec. 11: CONGRESSIONAL IMMUNITIES
1.) Immunity from arrest:
1. Legislators are privileged from arrest while Congress
is “in session” with respect to offenses punishable by
up to 6 years of imprisonment. Thus, whether
Congress is in regular or special session, the immunity
from arrest applies.
2. If Congress is in recess, members thereof may be
arrested.
3. The immunity is only with respect to arrests and NOT
to prosecution for criminal offenses.
2.) Legislative privilege:
1. No member shall be questioned or held liable in any
forum other than his/her respective Congressional body
for any debate or speech in the Congress or in any
Committee thereof.
1. Limitation on the privilege:
(i) Protection is only against forum other than
Congress itself. Thus for inflammatory remarks which are
otherwise privileged, a member may be sanctioned by
either the Senate or the House as the case may be.
(ii) The ‘speech or debate’ must be made in
performance of their duties as members of Congress. This
includes speeches delivered, statements made, votes cast,
as well as bills introduced, and other activities done in
performance of their official duties.
(iii) Congress need NOT be in session when the
utterance is made, as long as it forms part of ‘legislative
action,’ i.e. part of the deliberative and communicative
process used to participate in legislative proceedings in
consideration of proposed legislation or with respect to
other matters with Congress’ jurisdiction.
Sec. 12. All Members of the Senate and the House of
Representatives shall, upon assumption of office, make
a full disclosure of their financial and business
interests. They shall notify the House concerned of a
potential conflict of interest that may arise from the
filing of a proposed legislation of which they are
authors.
WHEN APPLICABLE
During his term. If he does so, he forfeits his seat.
IF the office was created or the emoluments
thereof increased during the 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. 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 matter When it is for his pecuniary benefit or where he
before any office of the government. may be called upon to act on account of his office.

Congressional Journals and Records:

1.) The Journal is conclusive 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.
Sec. 15: REGULAR AND SPECIAL SESSIONS Adjournments:
Regular Sessions: 1.) Neither House can adjourn for more than 3 days
1.) Congress convenes once every year on the during the time Congress is in session without the consent
4th Monday of July (unless otherwise provided for by law) of the other House.
2.) Continues in session for as long as it sees fit, until 30 2.) Neither can they adjourn to any other place than that
days before the opening of the next regular session, where the two houses are sitting, without the consent of the
excluding Saturdays, Sundays, and legal holidays. other.
Special Sessions: Section 17: THE ELECTORAL TRIBUNAL
Called by the President at any time when Congress is not in The Senate and the House shall each have an Electoral
session. Tribunal which shall be composed of:
Sec. 16. Officers:
1.) Senate President; 1. 3 Supreme Court Justices to be designated by the
2.) Speaker of the House; and Chief Justice; &
3.) Each House may choose such other officers as it may
deem necessary. 2. 6 Members of the Senate or House, as the case may
Election of Officers be.
By a majority vote of all respective members. The senior Justice in the Electoral Tribunal shall be its
Quorum to do business: Chairman.
Note: The congressional members of the ET’s shall be
1. Majority of each House shall constitute a quorum. chosen on the basis of proportional representation from the
political parties and party-list organizations.
2. A smaller number may adjourn from day to day and Jurisdiction:
may compel the attendance of absent members. 1.) Each ET shall be the sole judge of all CONTESTS
relating to the election, returns, and qualifications of their
3. In computing a quorum, members who are outside the respective members. This includes determining the validity
country and thus outside of each House’s coercive or invalidity of a proclamation declaring a particular
jurisdiction are not included. candidate as the winner.
Internal Rules: 2.) An ‘election contest’ is one where a defeated
candidate challenges the qualification and claims for
1. Each House shall determine its own procedural rules.
himself the seat of a proclaimed winner.
3.) In the absence of an election contest, the ET is without
jurisdiction. However, the power of each House to expel its
2. Since this is a power vested in Congress as part of its own members or even to defer their oath-taking until their
inherent powers, under the principle of separation of qualifications are determined may still be exercised even
powers, the courts cannot intervene in the
without an election contest.
implementation of these rules insofar as they affect the
Issues regarding the Electoral Tribunals:
members of Congress.
1.) Since the ET’s are independent constitutional bodies,
independent even of the House from which the members
3. Also, since Congress has the power to make these are respectively taken, neither Congress nor the Courts
rules, it also has the power to ignore them when may interfere with procedural matters relating to the
circumstances so require. functions of the ET’s, such as the setting of deadlines or
Discipline: filing their election contests with the respective ETs.
1.) Suspension 2.) The ETs being independent bodies, its members may
not be arbitrarily removed from their positions in the tribunal
1. Concurrence of 2/3 of ALL its members and by the parties which they represent. Neither may they be
removed for not voting according to party lines, since they
2. Shall not exceed 60 days. are acting independently of Congress.
2.) Expulsion 3.) The mere fact that the members of either the Senate
or the House sitting on the ET are those which are sought
1. Concurrence of 2/3 of ALL its members. to be disqualified due to the filing of an election contest
against them does not warrant all of them from being
disqualified from sitting in the ET. The Constitution is quite
clear that the ET must act with both members from the SC
and from the Senate or the House. If all the legislator-
members of the ET were to be disqualified, the ET would
not be able to fulfill its constitutional functions.
4.) Judicial review of decisions of the ETs may be had
with the SC only insofar as the decision or resolution was
rendered without or in excess of jurisdiction or with grave
abuse of discretion constituting denial of due process.
Section 18: THE COMMISSION ON APPOINTMENTS
Composition:
1.) Senate President as ex-officio chairman;
2.) 12 Senators; and
3.) 12 Members of the House.
Note: The 12 Senators and 12 Representatives are elected
on the basis of proportional representation from the political
parties and party-list organizations.
Voting/Action
1.) The chairman shall only vote in case of a tie.
2.) The CA shall act on all appointments within 30 session
days from their submission to Congress.
3.) The Commission shall rule by a majority vote of all the
Members.
Jurisdiction
1.) CA shall confirm the appointments by the President
with respect to the following positions:
1. Heads of the Executive Departments (except if it is
the Vice-President who is appointed to the post).
2. Ambassadors, other public ministers or consuls.
3. Officers of the AFP from the rank of Colonel or Naval
Captain: and
4. Other officers whose appointments are vested in him
by the Constitution (e.g. COMELEC members).
2.) Congress CANNOT by law prescribe that the
appointment of a person to an office created by such law
shall be subject to confirmation by the CA.
3.) Appointments extended by the President to the above-
mentioned positions while Congress is not in session shall
only be effective until disapproval by the CA or until the next
adjournment of Congress.
Meetings of the CA
1.) CA meets only while Congress is in session.
2.) Meetings are held either at the call of the Chairman or
a majority of all its members.
3.) Since the CA is also an independent constitutional
body, its rules of procedure are also outside the scope of
congressional powers as well as that of the judiciary.
Note: The ET and the CA shall be constituted within 30
days after the Senate and the House of Representative
shall have been organized with the election of the President
and the Speaker.
Sections 21-22: LEGISLATIVE INQUIRIES
Scope:
1. Either House or any of their committees may conduct
inquires ‘in aid of legislation’.
2. “In aid of legislation” does not mean that there is
pending legislation regarding the subject of the inquiry.
In fact, investigation may be needed for purposes of
proposing future legislation.
3. If the stated purpose of the investigation is to
determine the existence of violations of the law, the
investigation is no longer ‘in aid of legislation’ but ‘in aid
of prosecution’. This violates the principle of separation
of powers and is beyond the scope of congressional
powers.
Enforcement:
1. Since experience has shown that mere requests for
information does not usually work, Congress has the
inherent power to punish recalcitrant witnesses for
contempt, and may have them incarcerated until such
time that they agree to testify.
1. The continuance of such incarceration only subsists
for the lifetime, or term, of such body. Once the body
ceases to exist after its final adjournment, the power to
incarcerate ceases to exist as well. Thus, each
‘Congress’ of the House lasts for only 3 years. But if
one is incarcerated by the Senate, it is indefinite
because the Senate, with its staggered terms, is a
continuing body.
1. BUT, in order for a witness to be subject to this
incarceration, the primary requirement is that the
inquiry is within the scope of Congress’ powers. i.e. it is
in aid of legislation.
1. The materiality of a question is determined not by its
connection to any actually pending legislation, but by its
connection to the general scope of the inquiry.
1. The power to punish for contempt is inherent in
Congress and this power is sui generis. It cannot be
exercised by local government units unless they are
expressly authorized to do so.
Limitations:
1. The inquiry must be conducted in accordance with the
‘duly published rules of procedure’ of the House
conducting the inquiry; and
1. The rights of persons appearing in or affected by such
inquiries shall be respected. Ex. The right against self-
incrimination.
Appearance by department heads before Congress:
1. Since members of the executive department are co-
equals with those of the legislative department, under
the principle of separations of powers, department
heads cannot be compelled to appear before
Congress. Neither may the department heads impose
their appearance upon Congress.
1. Department heads may appear before Congress in
the following instances.
1. Upon their own initiative, with the consent of the
President (and that of the House concerned); or
1. Upon the request of either House (which cannot
compel them to attend)
1. The appearance will be conducted in EXECUTIVE
SESSION when:
1. Required by the security of state or required by public
interest; and
2. When the President so states in writing
Sections 23-24. DECLARATION OF WAR/EMERGENCY
POWERS
Vote requirement: (to declare the existence of a state
of war)
1. 2/3 of both Houses, in joint session
2. Voting separately
Emergency powers:
1. During times of war or other national emergency,
Congress may, BY LAW, authorize the President to
exercise powers necessary and proper to carry out a
declared national policy.
1. Limitations:
 1. Powers will be exercised for a limited period actually available as certified by the National Treasurer
only; and or to be raised by a corresponding revenue proposal
therein.
2. Powers will be subject to restrictions
prescribed by Congress 1. Transfer of appropriations:

1. Expiration of emergency powers 1. Rule: No law shall be passed authorizing any transfer
of appropriations
1. By resolution of Congress or
2. BUT the following may, BY LAW, be authorized to
2. Upon the next adjournment of Congress AUGMENT any item in the general appropriations law
Sections 24-27, 30-31 LEGISLATION for their respective offices from savings in other items
of their respective appropriations
Bills that must originate from the House of
– President
Representatives (Section 24)
– President of the Senate
CODE: A R T Pu Lo P
– Speaker of the House of Representatives
– Chief of Justice of the Supreme Court
1. Appropriation bills – Heads of the Constitutional Commissions

2. Revenue bills 1. Discretionary funds appropriated for particular officials

shall be:
3. Tariff bills
1. Disbursed only for public purposes;
4. Bills authorizing the increase of public debt
2. Should be supported by appropriate
5. Bills of local application vouchers; and

6. Private bills 3. Subject to guidelines as may be prescribed

Note: The Senate may, however, propose or concur with by law.
amendments.
Appropriation bills 1. If Congress fails to pass General Appropriations Bill
(GAB) by the end of any fiscal year:
1. The primary and specific aim of an appropriation bill is i. The GAB for the previous year is deemed reenacted
to appropriate a sum of money from the public treasury. ii. It will remain in full force and effect until the GAB is
passed by Congress.
1. Thus, a bill enacting the budget is an appropriations
bill. 1. For law granting tax exemption
It should be passed with the concurrence of a MAJORITY
1. BUT: A bill creating a new office, and appropriating of ALL the members of Congress.
funds therefor is NOT an appropriation bill.
Revenue Bill 1. For bills in general

1. A revenue bill is one specifically designed to raise
money or revenue through imposition or levy.
1. Thus, a bill introducing a new tax is a revenue bill, but
a provision in, for instance, the Videogram Regulatory
Board law imposing a tax on video rentals does not
make the law a revenue bill.
Bills of local application
A bill of local application, such as one asking for the
conversion of a municipality into a city, is deemed to have
originated from the House provided that the bill of the
House was filed prior to the filing of the bill in the Senate
even if, in the end, the Senate approved its own version.
Limitations:
1. Every bill shall embrace only one (1) subject, as
expressed in the title thereof
i. As a mandatory requirement
ii. The title does not have to be a complete catalogue
of everything stated in the bill. It is sufficient if the title
expresses the general subject of the bill and all the
provisions of the statute are germane to that general
subject.
iii. A bill which repeals legislation regarding the subject
matter need not state in the title that it is repealing the
latter. Thus, a repealing clause in the bill is considered
germane to the subject matter of the bill.
1. Readings

1. For appropriation bills:
1. Congress cannot increase the appropriations
recommended by the President for the operation of the
Government as specified in the budget.
1. Each provision or enactment in the General
Appropriations Bill must relate specifically to some
particular appropriation therein and any such provision
or enactment must be limited in its operation to the
appropriation to which it relates.
1. The procedure in approving appropriations for
Congress shall strictly follow the procedure for
approving appropriations for other departments and
agencies.
1. A special appropriations bill must specify the purpose
for which it is intended and must be supported by funds
1. In order to become a law, each bill must pass three
(3) readings in both Houses.
2. General rule: Each reading shall be held on separate
days & printed copies thereof in its final form shall be
distributed to its Members three (3) days before its
passage.
3. Exception: If a bill is certified as urgent by the
President as to the necessity of its immediate
enactment to meet a public calamity or emergency, the
3 readings can be held on the same day.
4. First reading – only the title is read; the bill is passed
to the proper committee
Second reading – Entire text is read and debates are held,
and amendments introduced.
Third reading – only the title is read, no amendments are Within the framework of the national development program
allowed. Vote shall be taken immediately thereafter and the of the Government
yeas and nays entered in the journal. 2) The exercise of such power by the President shall be
Veto power of President: within the specified limits fixed by Congress and subject to
such limitations and restrictions as it may impose.
1. Every bill, in order to become a law, must be Constitutional tax exemptions:
presented to and signed by the President. 1) The following properties are exempt from REAL
PROPERTY taxes
1. If the President does not approve of the bill, he shall
(CODE: Cha Chu M- CA)
veto the same and return it with his objections to the a) Charitable institutions
House from which it originated. The House shall enter b) Churches, and parsonages or convents appurtenant
the objections in the Journal and proceed to reconsider thereto
it. c) Mosques
d) Non-profit cemeteries; and
e) All lands, buildings and improvements actually,
1. The President must communicate his decision to veto
within 30 days from the date of receipt thereof. If he directly and exclusively used for religious, charitable, or
fails to do so, the bill shall become a law as if he signed educational purposes.
it. 2) All revenues and assets of NON-STOCK NON-
PROFIT EDUCATIONAL institutions are exempt from taxes
and duties PROVIDED that such revenues and assets are
1. This rule eliminates the ‘pocket veto’ whereby the
actually, directly and exclusively used for educational
President would simply refuse to act on the bill.
purposes. (Art. XIV Sec 4 (3))
3) Grants, endowments, donations or contributions used
actually, directly and exclusively for educational purposes
1. To OVERRIDE the veto, at least 2/3 of ALL the shall be exempt from tax. This is subject to conditions
members of each House must agree to pass the bill. prescribed by law. (Art. XIV. Sec 4 (4))
In such case, the veto is overriden and becomes a law Section 29. Power of the Purse
without need of presidential approval.
1) No money shall be paid out of the National Treasury
EXCEPT in pursuance of an appropriation made by law.
1. Item veto a) This places the control of public funds in the hands of
Congress.
1. The President may veto particular items in an b) BUT: This rule does not prohibit continuing
appropriation, revenue or tariff bill. appropriations. e.g. for debt servicing. This is because the
rule does not require yearly, or annual appropriation.
1. This veto will not affect items to which he does not 2) Limitations.
object. a) Appropriations must be for a PUBLIC PURPOSE
b) Cannot appropriate public funds or property, directly
1. Definition of item or indirectly, in favor of
TYPE OF BILL ITEM (i) Any sect, church, denomination, or sectarian
1. Revenue/tax bill Subject of the tax and the tax institution or system of religion or
rate imposed thereon (ii) Any priest, preacher, minister, or other religious
2. Appropriations bill Indivisible sum dedicated to a teacher or dignitary as such.
stated purpose EXCEPT if the priest, etc is assigned to:
– the Armed Forces; or
– any penal institution; or
1. Veto of RIDER – government orphanage; or
– leprosarium
1. A rider is a provision which does not relate to a c) BUT the government is not prohibited from
particular appropriation stated in the bill. appropriating money for a valid secular purpose, even if it
incidentally benefits a religion, e.g. appropriations for a
2. Since it is an invalid provision under Section 25(2), national police force is valid even if the police also protects
the President may veto it as an item. the safety of clergymen.
Specific limitations on legislation d) ALSO, the temporary use of public property for
religious purposes is valid, as long as the property is
1. No law shall be enacted increasing the Supreme available for all religions
Court’s appellate jurisdiction without the SC’s advice 3) Special Funds
and concurrence. a) Money collected on a tax levied for a special purpose
shall be treated as a special fund and paid out for such
1. No law shall be enacted granting titles of royalty or purpose only.
nobility. b) Once the special purpose is fulfilled or abandoned,
Section 28. POWER TO TAX any balance shall be transferred to the general funds of the
Limitations: Government
1) The rule of taxation should be UNIFORM Section 32. INITIATIVE AND REFERENDUM
2) It should be EQUITABLE 1) Through the system of initiative and referendum, the
3) Congress should evolve a PROGRESSIVE system of people can directly propose and enact laws or approve or
taxation. reject any act or law or part thereof passed by the Congress
4) The power to tax must be exercised for a public or local legislative body.
purpose because the power exists for the general welfare 2) Required Petition
5) The due process and equal protection clauses of the a) Should be signed by at least 10% of the total number
Constitution should be observed. of registered voters
Delegation of power to fix rates b) Every legislative district should be represented by at
1) Congress may, BY LAW, authorize the President to fix least 3% of the registered voters
the following: c) Petition should be registered
a) Tariff rates
b) Import and Export Quotas
c) Tonnage and wharfage dues
d) Other duties and imposts