LEGISLATIVE DEPARTMENT a.

Those born of Filipino citizen

Article VI fathers or mothers
b. Those born before Jan. 17, 1973,
-The Constitution is the basis of legislative where there mother opted to be
authority; it lies at the foundation of all law and is filipino citizens
a rule and commission by which both Legislators 2. At least 35 yrs old on the day of election
and Judges are to proceed. 3. Able to read and write
4. Resident of the PH at least 2 years before
Legislative power: the day of the election
-vested in the Congress:
-Senate Congress:
-HOR 1. District Reps.
-people themselves by initiative and referendum A. Rules:
(Art. VI, Sec 1) i. How apportioned?
-legislative power granted to Congress is PLENARY -By law: a. general law
(They can legislate about anything as long as within b. special law
the Constitution) -the power to apportion legislative
-Congress may legislate on any subject matter districts is textually committed to
provided that the limitations are observed. Congress by the Constitution
However, the Courts are the final arbiter of the
laws. -Sema v. COMELEC – ruled that this power
cannot be validly delegated to the ARMM
Initiative and Referendum
-there was an ordinance from the ARMM
-power of the people directly to “propose and legislative assembly creating the province
enact laws or approve and reject any act or law or of Shariff Kabunsuan. There was an
part thereof passed by the congress or legislative election, hence, the loser filed an action
body. (Art. VI, Sec. 32) to the COMELEC.

-you cannot prohibit something that is not well- -there was an issue as to the
defined (as to political dynasty) constitutionality of the creation of the
province; court ruled Unconstitutional
-the operationalization has been left by the Consti.
to Congress (RA 6735) -if you create a province, necessarily, a
legislative seat is also created.
-Santiago v. COMELEC – RA 6735 cannot be used to ii. Proportional representation based on
amend the Constitution through People’s Initiative the number of inhabitants:
-the act failed to give details as to the system of  City = pop’n at least 250K
initiative on amendments to the Consti.  Province = atleast 1,
-in the case at bar, there were moves to amend the irrespective of the number
term of office of the sitting president (to bar the of inhabitants
succession of ERAP)
Term v. Tenure -RA 11259 – act on dividing Palawan;
unconstitutional
Term – the time during which the officer may claim
to hold the office as of right and fixes the interval iii. Each legislative district shall comprise,
after which the several incumbents shall succeed as far as practicable, contiguous, compact,
one another and adjacent territory.

Tenure – the term during which the incumbent iv. Re-apportionment by Congress w/in 3
actually holds office years after the return of each census

Senate: Gerrymandering – creating or dividing

24 senators; every election 12 is elected with a 6 congressional districts in a manner
year-term, the Senate is not totally vacated at any intended to favor a particular party or
time candidate
1. Natural-born citizens
 -word was created in reaction to a  3-seat cap, as a limitation to the number
redrawing of Massachusetts of seats that a qualified party-list
organization may occupy, remains a valid
-Navarro v. Executive Secretary, Court statutory device that prevents any party
prohibits gerrymandering from dominating the party-list elections
 Seats for party-list representatives shall
2. Party-list Reps. thus be allocated in accordance with the
-3 year-term; 20% of the total seats shall be procedure used
given to party-list reps.
-labor, peasant, urban poor, EXCEPT religious Atong Paglaum v. COMELEC
sector (charismatic groups not included)  3 diff. groups may participate in the party-
-2% of the total votes cast for partylists list system:
-each party shall be entitled to not more than o National parties
3 seats. o Regional (Ako Bicol)
o Sectoral
-Disqualified sectors:  National and regional parties or orgs. Do
1. Religious sects not need to organize along sectoral lines
2. Foreign Organizations and do not need to represent any
3. Those advocating violence or unlawful “marginalized and underrepresented”
means sector
4. Receiving support from any foreign gov’t,  Political parties can participate provided
party, org., etc., whether directly or they register under the party-list system
through any of its officers or members or and DO NOT field candidates in legislative
indirectly through third parties for district elections
partisan election purposes.  Political party, whether major or not, that
fields candidates in legislative district
Disqualified parties: elections can participate in the party-list
1. Violates or fails to comply with laws, elections only through its sectoral wing
regulations or rules relating to elections that can separately register under the
2. Declares untruthful statements in its party-list system.
petition  Sectoral wing – may be connected
3. Ceased to exist for at least 1 year through a coalition
4. Fails to participate in the last 2 preceding  Sectors:
elections or fails to obtain at least 2% of o Marginalized and
the votes cast under the partylist system underrepresented
in the 2 preceding elections for the o Do not have a well-defined
constituency in which it has registered.
political constituencies
Veterans Federation v. COMELEC –
 Majority members of sectoral parties
 20% is the ceiling – the combined No. of
must belong to the sector they represent
party-list congressmen shall not exceed
and nominees to represent must be:
20% of the total membership of the HOR
o A member of that sector OR
 This ceiling need not be filled up
o Must have a track record of
 3-seat limit – each qualified party,
advocacy for that sector
regardless of the No. of votes it actually
 A party shall not be disqualified provided
obtained is entitled to a max of 3 seats (1
at least ONE remains qualified.
qualifying seat and 2 additional seats)
 Proportional representation – additional
SALARY
seats which a qualified party is entitled to
-defined by law
shall be computed “in proportion to their
-no increase in said compensation shall take effect
total number of votes”
until after the expiration of the full term of all the
members of the Senate and HOR approving such
Banat v. COMELEC
increase (Sec. 10, Art. VI)
 Panganiban formula of Veterans is
revised. That 20% limit must be filled up –
Freedom from Arrest
even if they not get 2% of the total, there
is still a chance for a seat
-cannot be arrested while Congress is in session  The signing of the Speaker of the HOR and the
unless the offense is punishable by more than 6 Senate Pres. With the certifications of each of
years imprisonment their secretaries presumes that it was passed
(Sec. 11, Art. VI) are conclusive of its due enactment
-if Congress is NOT in session, they can be arrested
regardless of the punishment Presidential Veto (Sec. 27)
How a bill is passed:
People v. Jalosjos 1. Approval of the President
-Rape-slay case convicted but in appeal to the SC, 2. Inaction of the President
Jalosjos asked permission to attend session 3. If vetoed, Congress may overturn and pass the
-Membership in Congress does not exempt an bill through:
accused from statutes and rules which apply to a. After veto, sent to the originating
validly incarcerated persons. house containing recommendations
-Rationale behind confinement is public self- and objections, which shall enter the
defense objections at large in its Journal and
-it would amount to creation of privileged class proceed to reconsider it.
without justification in reason b. 2/3 of all the members of such
-he was provided with an office in the New Bilibid originating house, and then sent to
Prison the other house together with the
-when he was elected, constituents knew for a fact objections from the President for
he was convicted, they knew they will be deprived voting as well, 2/3 of all members of
of representation in Congress that house
c. If approved, it shall become a law
Speech and Debate Clause
-No member shall be questioned nor be held liable Item Veto
in any other place for any speech or debate in the Bengzon v. Drilon
Congress or in any committee thereof -appropriation, revenue or tariff bill only

Jimenez v. Cabangbang Congressional Veto

-said expression refers to utterances made by -subject to serious questions involving the principle
Congressmen in the performance of their official of separation of powers
functions, such as speeches delivered, statements
made, or votes cast in the halls of Congress Ph. Consti Assoc. v. Enriquez
-Any provision blocking an administrative action in
-While the same is in session, as well as bills implementing a law or requiring legislative
introduced in Congress, whether the same is in approval of executive acts must be incorporated in
session or not, and other acts performed by a separate and substantive bill.
Congressmen, either in Congress or outside the -inappropriate provisions – are unconstitutional
premises housing its offices, in the official provisions those intended to amend other laws
discharge of their duties as members of Congress
and of Congressional Committees duly authorized Power of Taxation
to perform its functions as such, at the time of the -most powerful power of the State
performance of acts in question

-they are protected even against libel; however,

each house may discipline their members through
an ethical committee

-both instances CANNOT BE HELD LIABLE

Enrolled Bill Doctrine

 Enrolled bill – final copy of a bill or joint
resolution that has passed both houses of a
legislature and is ready for the President’s
signature
 There is presumption of regularity