ARTICLE VI: THE LEGISLATIVE DEPARTMENT

Section 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.

What is legislative power?

It is the power to make laws or alter or repeal them

Kinds of legislative power?

Original – possessed by the sovereign people
Derivative – delegated by the sovereign people to the legislative bodies

Who may exercise legislative power?

1. Congress
2. Regional/Local legislative power
3. People’s initiative on statutes
4. Initiative on referendum
5. The President under a martial law rule or in a revolutionary government

Kinds of limits on Legislative power

1. Substantive limits – curtails the content of a law. E.g. no law may pass which impairs freedom of speech
2. Procedural limits – curtail the manner of passing laws. E.g. bill must be approved by the President

May Congress pass irrepealable laws?

No. It limits the power of future legislations.

General Rule: Non-Delegation of Legislative Power

Exceptions:
1. Delegation to local government and administrative bodies
2. Grant of quasi-legislative power
3. The President in times of war or national emergency (limited period and subject to restrictions and maybe
withdrawn by resolution of the Congress)
4. The President to impose Tariff rates, import and export quotas, tonnage and wharfage dues and other within the
framework of national development program of the government.

Note: Delegated power to administrative agencies is not a Legislative or Law-making power, only Rule-making power.
They are allowed to fill up the details

Tests of Delegation (applies to the power to promulgate administrative regulations )

1. COMPLETENESS test - This means that the law must be complete in all its terms and conditions when it leaves the
legislature so that when it reaches the delegate, it will have nothing to do but to enforce it.
2. SUFFICIENT STANDARD test - The law must offer a sufficient standard to specify the limits of the delegate’s
authority, announce the legislative policy and specify the conditions under which it is to be implemented.

Requisites of a Valid Administrative Regulation

1. Its promulgation must be authorized by the legislature.
2. It must be within the scope of the authority given by the legislature.
3. It must be promulgated in accordance with the prescribed procedure.
4. It must be reasonable

Qualification of Senator – 24 senators elected at large

1. natural-born citizen of the PH
2. on the day of the election, is at least 35 years of age,
3. able to read and write,
4. a registered voter
 5. a resident of the PH for not less than 2 years immediately preceding the day of the election.

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 of which he was elected.

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.

Rules on Apportionment
1. In accordance with the number of their respective inhabitants and on the basis of a uniform and progressive ratio
2. Contiguous, compact and adjacent territory
3. Population size
4. Following the return of every census, Congress shall make reapportionment

Constitutional Standards, as far as population is concerned, are:

(1) proportional representation;
(2) minimum population of 250,000 per legislative district;
(3) progressive ratio in the increase of legislative districts as the population base increases; and
(4) uniformity in apportionment of legislative districts in provinces, cities, and the Metropolitan Manila area.

How are members of the House classified

(1) By district representatives, each representing one district
(2) By party-list representatives, elected through party-list system
(3) Sectoral representatives (no longer exist until 1998)

Reason for party-list system

Democratize political power by encouraging growth of multi-party system and giving power to those who do not win in
elections.

Qualifications of Representatives
(1) natural-born citizen of the Philippines and,
(2) on the day of the election, is at least 25 years of age,
(3) able to read and write, and,
(4) a registered voter in the district in which he shall be elected, and
(5) a resident thereof for a period of not less than 1 year immediately preceding the day of the election.
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. (Note: while the congress is in
session)

Privilege from Arrest

From criminal offenses, not punishable by a penalty of more than 6 years imprisonment and only while the congress is in
session. They are not exempt from detention.

Parliamentary Privilege of Speech

Cannot be held liable in any other place for any speech or debate in the Congress or in any committee

Scope of Parliamentary Privilege Speech

It is not essential that the Congress is in session when utterance is made. What is essential is that the utterance must
constitute legislative action, that is, it must be part of deliberative and communicative process by legislators in the
congressional proceedings. It extends to his agents provided he is assisting the legislator.

Purpose of privilege
To be unimpeded in the performance of duties and free from fear of harassment from outside

Prohibitions on Members of the Congress

During term, he cannot hold any other office in the government, or any subdivision, agency, or instrumentality or GOCC or
subsidiaries without forfeiting his seat. Neither to any other office or emoluments increased during which he was elected.

Section 14: Prohibition Related to the Practice of Profession

(1) Cannot appear in court of justice, electoral tribunal, or quasi-judicial bodies
(2) Cannot directly or indirectly interested financially in any contract by the government
(3) Cannot intervene on government matters due to pecuniary interest

Purpose of keeping Journal (Exception: national security matters)

(1) To insure publicity to the proceedings of the legislature, and corresponds responsibility of the members
(2) To provide proof of what actually transpired in the legislature (This is conclusive in courts as evidence)

Enrolled Billed Doctrine

 The signing of a bill by the Speaker and Senate President and the certification of the Secretaries of both Houses that
such bill was passed are conclusive of its due enactment

Section 17. Composition of Electoral Tribunal

(1) 3 justices of the SC designated by CJ
(2) 6 members of the House or Senate

Section 18. Commission on Appointments – acts as legislative check on the appointing authority of the president (consent)
How Commission arrive at its decision:
(1) act within 30 session days from submission
(2) decided by majority vote
(3) Commission can only act when Congress is in session

Composition
(1) Senate President as Ex Officio Chairman
(2) 12 Senators and 12 Members of the HR elected by each house from proportional representation of Political Parties
registered un the party-list system

Purpose of Legislative Investigation

  Power of Inquiry (with the power to enforce) – is an essential and appropriate auxiliary to the legislative function.
A legislative body cannot legislate wisely in the absence of information respecting the conditions which the
legislation is intended to affect or change; and where the LB does not itself possess the requisite information,
recourse must be had to those who do possess it.

Requisites of Power of Inquiry:

(1) In aid of legislation
(2) In accordance with duly published Rules of Procedure
(3) Respect for the rights of persons appearing in or affected by such inquiry

When may a witness in an investigation be punished for contempt?

 GR: No person can be punished as witness unless his testimony (in aid of legislation) is required in a matter into
which the legislature has jurisdiction to inquire.

Section 22. Appearance of Heads of Departments in Congress (may)

 Upon own initiative with consent of the president
 Request of Congress

SECTION 23. (1) The Congress, by a vote of 2/3 of both Houses in joint session assembled, voting separately, shall have the
sole power to declare the existence of a state of war.

(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.

Bills originating in the HR

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.

Rules of Appropriation
SECTION 25. (1) The Congress may not increase the appropriations recommended by the President for the operation of the
Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by
law.

(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to
some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation
to which it relates.

(3) The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.

(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds
actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposed therein.

(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.

(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be
supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.
 (7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the
ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain
in force and effect until the general appropriations bill is passed by the Congress.
How Appropriation Bill prepared
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.
SECTION 25. (1) The Congress may not increase the appropriations recommended by the President for the operation of the
Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by
law.

What is the rule on RIDERS

Section 25 (2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to
some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation
to which it relates.

Rules on Special Appropriation

Section 25 (4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds
actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposed therein.

Extent of Transfer of Funds

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.

Rule on Discretionary Funds

Section 25 (6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be
supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.

General prohibition of RIDERS

SECTION 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.
(1) Title expresses the general subject
(2) Provisions of the statute are germane to that general subject

How a bill becomes a law

Section 26 (2) No bill passed by either House shall become a law unless it has passed 3 readings on separate days, and
printed copies thereof in its final form have been distributed to its Members 3 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.

SECTION 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he
approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where
it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the
objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members
of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the
names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any
bill to the House where it originated within thirty days after the date of receipt thereof; otherwise, it shall become a law as
if he had signed it.

(2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but
the veto shall not affect the item or items to which he does not object.
If bill approved is different version from what the House submitted
The Conference Committee with members nominated by both houses is an extra-constitutional creation of Congress to
propose congress ways to reconcile conflicting provisions in both versions.

Rule on VETO POWER

(1) Must veto entire bill and not separate items of a bill
(2) EXP: Only in case of appropriation, revenue, tariff bills
(3) If, after consideration, 2/3 of all members of the House shall agree, it shall pass determined by YEAS and NAYS

Doctrine of Inappropriate Provisions

A provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto even if it is not an
appropriation or revenue, in other words, the President will veto the “rider”

Executive Impoundment
Refusal of the President to spend funds already allocated by the Congress for a specific purpose

Scope and Purpose of Taxation

It is considered the strongest of all powers of the government however it is limited to public purpose for it exists for the
general welfare. E.g. property rights, equal protection and due process.

Limitation of Taxation:
SECTION 28. (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of
taxation.

Uniformity – equivalent to the requirement of a valid classification under the equal protection clause
Equitable – it cannot become unconscionable and unjust as to amount to confiscation of property. It cannot override
constitutional prescription.
Progressive system – A tax system is progressive when the rate increases as the tax base increases. Equitable distribution
of wealth

May the power to tax be delegated?

Yes. Section 28(2) The Congress may, by law, authorize the President to fix within specified limits, and subject to such
limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other
duties or imposts within the framework of the national development program of the Government.

May Tax Exemption be created?

Section 28(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members
of the Congress.