Declaration of State Policies and Principles

 Serves as a general rule or guideline

 It is the culmination of all issues encountered and to be encountered by the State.

Section 1: The Philippines is a democratic and a republican state.

Characteristics of a Republican State:
1.) The authority of the government emanates from the people and exercised by the
representative chosen by the people.
2.) Sovereignty is the source of power. It is the willingness of the people to be governed and to
govern.
3.) Since the authority or power is inherent with the people, it serves as protection against
dictatorship and monopolizing of power.
Are all republican states sovereign?
No. There are other forms of government wherein sovereignty is present and it is not a form of
government.
Example: The United States of America is a federal type of government, but they express
sovereignty through voting (elections).
The Philippine Government as a Manifestation of a Republican State.
1.) Our government is a government of laws, and not a government by men. It is only
represented by men.
2.) It is essential to have the rule of majority in elections.
Example of a form of gov’t where everyone is elected in the government but the rule of
majority is not the determinant.
 US Federalism (Based on the electoral vote for per state is garnered) the rule of majority
is absent.
3.) The presence of accountability of public officials due to the past (Martial Law).
4.) The presence of the Bill of Rights (It is a basic right that the people are entitled to).
5.) Congress cannot pass a bill that is irrepealable. As the Constitution itself can be amended or
revised by the people and because the laws emanated from it should be repealable.
  The power is given to the people
 Aside from that there is a need to keep up with the times
6.) There is a separation of powers (The creation of the 3 branches of the government)
NOTE: The Rationale is that to prevent power to be vested solely to one person, to stop
concentration of power and prevent monopoly of such.

Section 2: General declaration of the country regarding wars.

“The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law of the land and adheres to the policy of peace, equality,
justice, freedom and amity with all nations.”
 This is a product of WWII
Types of war:
A. Aggressive War
B. Defensive War
NOTE: The Philippines renounces aggressive war, one connected to unprovoked declaration of
war for the reason of occupation. It adheres to defensive war (UN Countries)
Example: Russia vs Ukraine
I. The protection of the National Territory should be done through diplomacy
II. The creation of the AFP and the coast guard purpose is that if ever the Philippines resorts
to defensive war.
While both the AFP & PNP are the domestic crime fighters and peacekeepers, both of which are
justified to engage and repel local terror groups, the AFP is tasked with matters concerning the
National Security and Defense.
Local terrorists such as the ABU SAYAFF, the PNP is tasked to protect domestic peace, but the
AFP can also intervene because the Philippines does not recognize terror groups even if are
domestic groups.
Reason: Acts of terrorism is equivalent in manifesting that the terrorists do not want to be
governed, and it is considered as an attack against the Filipino people.
Section 3: Primary Force; Civilian Authority is at all times Supreme over the military. AFP is the
protector of the people, to secure sovereignty of the state and the integrity of the national
territory.
NOTE: Civil Authority is where the AFP’s authority emanates from. The President as the
commander-in-chief, has the authority over the AFP, but the president is not an enlisted
personnel, he is a civilian who is elected by the people, with their inherent sovereign power, thus
the AFP is under the authority of the people.
 AFP personnel shall salute before the president.
 Admin cases are filed if they disobey the president or violate the rules.

Section 4: Conscription - done in times of war, it is a call for able-bodied people to defend the
state and be enlisted the state and be enlisted for the purposes of defensive war.
- in cases where the AFP is overwhelmed by a belligerent force, the
president can call for conscription.
Ex. SoKor requiring men to go through mandatory military service upon reaching a
certain age
Exemptions: 1.) PWD due to mobility issues
2.) Flatfooted people (90’s)- considered as liability due to them being prone to
tripping.
3.) Individuals with eyesight issues; exempt from the front lines but can do office
work
4.) Individuals with mental issues due to it having physical manifestations thus
they cannot function properly due to their underdeveloped brains.
Can be criminally liable for not conscripting and the state can attack your citizenship for
disobeying conscription.
NOTE: Section 2,3,4 is the reason of Sec 5.

Section 5- Product of Sovereignty

Why?
- Any person who enters into a contract expects a return.
- The idea of sovereignty since the people entered into an agreement to be governed and to
govern; the people expect something in return from the government.
-Reciprocal Obligations as both parties have an obligation to perform an act for each other. (Quid
pro Quo).

Section 6: The seperation of church and the state shall be inviolable.

Section 7- Foreign Policies
1. Border Policies
2. Commerce ex.) Japan’s inward trading, high tariffs if traded outside the territory.
Foreign Policy on commerce & trade:
Commerce- Sole benefit of Philippines can only benefit Philippine people.
ex.) Retail - must be reserved to the Philippine people.
- direct way for people to generate income and wealth
Trade restriction & tariff restrictions.
Ex.) Anti-dumping- for policies imposed by the Bureau of Customs & Department of
Trade and Industry. Tax/Tariff on products. Commodities (Luxury).
1. Ex- country dumps imported goods thus makes local suppliers harder to compete. Cannot deal
with our country if it only makes our contry worse.
Why?
It was done for the protection of the Filipino people and implemented by the government.

Section 8.) Tanada v Angara

Peace & Order- AFP & PNP
vs
Social Order- Vital component of peace and order, does not talk about safety, talks about social
justice and economic justice
Ex.) Martial Law- Different between Affluent, Middle and Lower Income due to the inequality
so it must be addressed.
Way to Equalize: 1.) Change type of government
2.) Promote Social Order
Inequality- Grave Social Disorder, Discrepancy is far from the middle income.
- Recognition of poorest of the poor is unconstitutional
- Everyone should be in the middle income sector as to eradicate poverty
- If the wealth of the country is only at the Top 3%. People will revolt and disturb the
peace and order.
4 Fundamental Powers
1) Principle of Separation of Powers- Prerogatives/Decisions ; overall governance vested in
legislative department. Avoid concentration of power to an individual or groups avoid abuse
of power to an individual or department.
2) Principle of Blending of Powers- must have collaboration of powers, general appropriation
law. Collaboration of all Departments. Ex. Prosecution of a criminal- created by legislative,
promulgated by executive, interpreted by judiciary.
3) Principle of Checks and Balances- weight and check balance of powers, not to overextend
their powers. Declaration of martial law which was vested to the Philippines, subject to the
legislative power of the legislative department, Power to audit each departments/each other.
Justiciable Issues- matters that can be looked by the judiciary and can declare the act/s of the
other two branches of the government as unconstitutional.
- are law centered issues, addressed by the law, addressed by promulgation
of the law, violation is legal in nature wherein the subjects dealt by refers
to the jurisdiction of the judicial department.
Is the power to make laws a justiciable issue?
Law making power of the legislative power is justiciable in nature, if there are no existing
law that can address the issue then a new law shall be created.
If there is an existing law that can be used to address the issue then it is a political issue.
Political Questions cannot be touched by the Juidicary and Justiciable Questions cannot
be touched by the Executive and Legislative
Example: No Drone Laws, hence drones can be used to spy on the private lives of
individuals. Should you make a law to protect the rights of the individuals?
Yes - You should make a law to protect the rights of the individuals then it is a justiciable issue,
Brought to the Supreme Court, the legislative department can make a law that does not violate
the Constitution (It is a question of constitutionality)
Is there an existing law? Can the existing law be used to address the certain issue? (No Drone
Law)
Yes- It is a matter of implementing the existing law. The executive can use an existing law to
create policies against illegal flying of drones, I.e it must be registered in pursuant to anti-
vouyerism and data privacy act.
4) Doctrine of Political Question- Is a product of separation of powers ; connotes question of
policy, Policy centered issue that can be addressed by issuance of Policy, It is Administrative
in nature and cannot be raised to the Judicial Department.

Legislative Powers consists of the following:

1. Authority to propose laws specifically; formal act of proposing the law is vested to the
legislative department.
2. After poposal; To enact or create the law; only the legislative department who exercise
legislative powers may create laws; always starts with the creation of a bill; manifestation of
power to propose either by the Senate or the House.
3. After enacting the said law; The power to ammend or alter laws (applicable to existing laws)
Why?
A certain law addresses an issue in the present time but might not necessarily address it in the
future. It will just amend in order to address future issues not addressed in the present. The power
to amend characteristic of a republican state.
4. If a law is determined inapplicable in present times, the legislative department has the power
to repeal the law (remove it in total to be replaced by a new law in total).
Example: A law giving US Citizens authority to purchase and own lands in the Philippines, that
old law is now inapplicable thus replacing it with a new law applicable at the current times.

Types of Legislative Power:

As to Source:
1. Original Legislative power- power passed by the sovereign people, agreement among the
people to govern and to be governed, thus the people themselves are the ones who created
Constitution (Manifestation of Sovereignty).
Source of Power
People-> Creation of Constitution -> Constitution creates legislative department->
Legislative department through their legistlative powers creates the law
2. Derivative source of power comes from the Constitution.
As to Scope:
1. Original Legislative power- power to enact laws; simple creation of laws
2. Constitutional Legislative power- power to amend or revise the constitution.
NOTE: Essence of law is to address the issues of the law

Limitations.
1. Substantive Limitations- Limitation of what the law can contain, as to what the Constitution
provides, refers to the content.
Legislative cannot make laws that vilate the right to life
Example: Movie: Purge- All crimes are legal within 24 hours thus violates the BOR.
Under Substantive Limitations;
A) Expressed Limitations- BOR, Art 6, Art 28 & 29 (BIR [Taxes]), Art 6 Sec 31.
B) Implied Limitations- Prohibition against irrepealable laws.
2. Procedural Limitations- Entails about the manner of passage of law; How the law is enacted
pursuant to the Constitution; if it is not followed then it is unconstitutional.
Example: A bill must be approved by the President before it becomes a law. The Legislative
department cannot make laws that do not need the approval of the president.
3. Implicit Limitations- brought by the principle of separation of powers & the principle of
checks and balances.
- cannot reduce, increase & modify
Example: Legislative cannot make a law prohibiting the participation of the executive
department.
Who exercises legislative powers/ Where legislative powers are vested.
1. Vested with the Philippine Congress [not limited to the House of Representatives
(Congressmen)]
NOTE:Philippine Congress is composed of Senate and House of Representatives
2. Vested with the people themselves through initiative and referendum- the people have the
power to create laws through the power of initiative and referendum (exclusive power of the
people), the measure of the legislative power reserved to the people by the Constitution. Reserve
authority to correct the legislative mistake or supplement to the insufficiency of the legislative.
Initiative and referendum- It is an attempt to institutionalize people power where people join
together and agree to abolish, revise or add on to the law.
NOTE: Atleast 10% of the registered voters must sign where each Legislative district must have
representation of 30% of the said district.

Difference between a Plebicit and Initiative and referendum:

Plebicit- Is made through an amendment of a charter, through the action of the government and
determined by a majority vote.
Initiative and referendum- Is made to question and assail the law.
3. Through the delegated powers of the LGU- through the issuance of ordinances, delegated
legislative powers are exercised by the local legislative body (Sangguniang Barangay,
Sangguninang Panlalawigan, etc.), where it is only applicable in the jurisdiction. LGU’s
exercising legislative powers are akin to the US where each states have their own laws.
Structural Body:
 Laws created by the Senate (entire nation) & the House of Representatives (Individual
districts) are national in scope. Congress cannot make a law only apploicablew to their
district.
Bicameralism- benefit: Senators are able to look at issues at a National perspective meanwhile
the House of Representatives are able to look at micro-issues at their own respective districts.
NOTE: Both will apply to address national issues.
Unicameralism- would only look at national issues and has only one body to address the issue.

Characteristics of the Philippine Congress

1. Derivative in Nature- Power comes from the people through sovereignty
2. Plenary in Nature- can exercise any of the powers provided in the Constitution except for the
power of legislative and the power of initiative and referendum. It is general in nature, it
is enumerated in nature; legislative power exercised by the LGU.
Taxation: Any ordinance covered in NIRC will be stricken as unconstitutional
Ex: LGU cannot impose income tax as it is the NIRC imposes such is unconstitutional.
However taxes on gravel, specially taxes on Tobacco, special taxes on real
property which are not covered by National taxes are allowed.
LGU ordinances must be in adherence w/ the National Law and not against it and if so, it shall be
rendered unconstitutional.
3. Cannot be delegated (General Rule)- Legislative powers must remain where the people have
lodged it, thus legislative powers must be in the Philippine Congress or Legislative department.
Exceptions: 1.) Article 6 Section 23 (2) 2.) Article 6 Section 28 (2)
Composition of the Senate:
I. 24 Shall be elected at large
II. Candidates must run and be voted at a National Electorate.
III. 12 at a time ideal set up then another set of 12 shall be elected in order to maintain the
ability to continue in the event of loss or resignation of Senators; (Allowed to be in diff parties).
Requisites of a Senator:
1. Must be a Natural Born Citizen- repatriated citizens and naturalized citizens cannot run
2. Must be atleast 35 years of age at the date of election day.
a) Requirement of a Birth Certificate- must produce a valid copy of the birth certificate and
it must be ceritified by the NSO/PSA. Mere issuance of such shall suffice.
3. Must be able to read and write- Proven if they:
a) States where they graduated in High School
b) If needed, providing a Certificate of Graduation (Diploma) in HS; as it is the best proof
that a person has already undergone a state sanctioned school. However if they cannot
produce one, they are subjected to a test by filling up the COC in front of a Comelec
Officer.
4. Must be a registered voter- at the time & prior to the election, they must be a registered voter
at the time of the election.
5. Must be a resident of not less than 2 years preceding the day of the election:
Computation: Day of election less the year of residency then subtract 1 day from day of
election.
NOTE: A Senators has a 6 year term, but they are elected every 3 years, thus their terms are
staggering.
Exceptions: 1.) 1987 where the senators only held office for 5 years
2.) 12 Senators in 1992 were elected only for 3 years
Except if the Senator is disqualified.
Only if the Senate is unable to function shall it call for the re-election of their seat.
Ex. 13 Senators die, thus there is no supermajority.
Only limit: A senator cannot serve for 2 consecutive terms.
Ex. Elected (6), Re-elected (6), Rest (6)
Face to Face Self Notes:
Party-list seats:
2%- Must be equal to or greater than 2%
3 seats rule
80/20 rule- 20% composed of party-list members on the entire House of Representatives.
Why round up seats in the 20% and not the 80%?
To give the minority more representation.
Computation: 100x 250/80 = 312.5 -250 = 62.5 = 63 round up
Seat given to Seat given to
Name of Votes Seat given to
those who those even
Partylist garnered in % those who TOTAL
have 4% or w/o reaching
Member (A) (B) have 2% (C)
more (D) 2% (E)
1 15.4% 1 1 1 3
2 13.4% 1 1 1 3
3 9.8% 1 1 1 3
4 3.2% 1 0 1 2
5 2% 1 0 1 2
6 1.8% 0 0 1 2
Ex. 2M Ex. 100% Ex. 20 Ex. 13 Ex. 30 Ex. 63

A: Total votes garnered in %

B: Highest to lowest in %, Vote/2M x 100
C: Total Seats given to those who have 2% or more.
Ex:20, Subtract from total seats given 63-20= 43 seats remaining.
D: Total Seats given to those who have 4% or more
Ex: Remaining 43 seats - 13 given= 30 seats remaining.
E: Total Seats given even without reaching the 2%
Ex: 30 seats remaining given regardless not reaching 2%.
G: Total of all seats given.
Subpoena exceptions:
1. President
2. Department Heads
In aid of legislation- it is unnecessary to make a new law, just amend the law.
Self-incrimination- Happens in forums to determine guilt (Hearings and Court)
In aid of legislation- There is no determination of guilt, no pending cases, evidence
acquired is inadmissible in the court.
Arrest- Can invoke the right to self-incrimination as it has determination of guilt.
Oath- attested as the truth in the journals.
If someone is held in contempt:
By the Senate: In contempt til the hearing ends
By the Judge- Jailed until the judge deems the duration.

Executive Department- The president is the head of the Executive Department, not the head of
the government
Were there a time in the Philippines were the President was not the Head of the Department?
Yes. During 1935-1973 it was the Prime Minister and not the President.
Example: UK - There is a Head of the State (Monarchy) and Head of the Government
(Parliamentary).

Fundamental powers of the Legislative and Executive;

1. Power of appointment- Power to hire if they are appointed by the President.
2. Power to Supervise & Control- Power to fire only in the Exec department; power to
reorganize.
3. Power of Faithful Execution of law- concept of political question & policies, to follow what is
determined by the legislative (pre-determined).
4. Commander-in-Chief Powers - Martial Law is not part of the powers of the Commander-in-
Chief.
5. Power of Executive Clemency- It can be shortened w/ executive control. Forgives the crime
but not the criminal.
Why? A.) Humanitarian Reasons
B.) Practicality (ex. Fiscal budget of maintaining correctional facilities )
 [JUDICIARY]
CRIME-COMPLAINT-ARREST-PROSECUTION-COURT-CA-SC-COR FACILITY
[LEGISLATIVE] [EXECUTIVE]

NOTE: The recognition as a sovereign by an external factor/country is a must for 6 and 7.

6. Power to contract/guarantee foreign loans - As we might require additional sources of funds.
BUDGET- serves as a guide to limit disbursement. Why?
a) Country’s income comes from taxes
b) Unforeseen expenses (affected by inflation)
7. Power to enter foreign relations- manifests as an act of sovereignty, To talk and negotiate with
other Presidents and Heads of States to create relations and create international standing.
8. Residual Powers- Ex. Declaration of Holidays: Nov 4. -National Day of Mourning. Does not
need a law to be passed but a mere declaration shall be enough, may add but not reduce holidays.

Congressional Electoral Tribunal

HRET/SET- ERQ must be met of those elected in said houses.
[________CANDIDATE_____] [___POS ELECT__] [___INCUMBENT___]
ELECTION------------PROCLAMATION-----------OATH
[________COMELEC_______] [___SET/HRET_____]
PROTEST
Presidential Electoral Tribunal
Article VII Section 8- Laws on Succession (READ)

Vacancy of a Presidency
Day 0 Day 2190
<---[___BEGINNING___]---TERM---[____DURING____]---->
Vacancy During:
1. Permanently disabled, dies, etc. , refer to the Laws on Succession.
Before Start of the Term:
A. Failure to Qualify- must be present on the Day of elections, must happen at the beginning
and must be protested.
B. Failure to Choose
C. Death, Incapacity, Unavailability
NOTE: A and B Warrants for an acting president (VP-elect)
Scenario A:
PET:
Qualifies: Confirms candidate is qualified then the president elect becomes the president
Disqualifies: Confirms that the candidate is not qualified then congress may call for Special
Elections. (Sec 10), If the vacancy happens at the beginning then the VP elect cannot become the
president.
NOTE: The second place is always the loser even though the winning candidate has been
disqualified, as it is unconstitutional and violates democracy and plurality, as it invalidates the
votes of the people who voted for the DQ’d candidate.
Scenario B: ERQ
NOTE: Ad interim appointments are not permanent (Refer to Online Lecture/Recit)

Foreign Relations:
FOR REL NEGO TREATY RATIFICATION
<------STEP 0--------STEP 1---------STEP 2-----------STEP 3----------->
[_____EXECUTIVE POWER______] LEGISLATIVE POWER
EX: LAWS ON ROAD SIGNS AND LINES
ICC DUTIES:
1. Acknowledge all human rights
2. Participate in the prosecution of people who violate crimes against people
3. Locally prosecute people

DUTERTE WITHDRAWAL TIMELINE:

NOT OF WITH ICC ACCEPTS WITH CASE DECISION (MOOT &ACAD)
<--------------------|----------------------|---------------------|-------------|--------------------------------->
CASE FILED NO LONGER MEMBER
(REQ RATIFICATION AS TO NOT VIOLATE THE RIGHT TO DUE PROCESS)

Online Lecture Notes:

Qualifications of a member of the House of Representatives:
1. Natural-born citizen of the Philippines
2. At least 25 years of age on the Day of Election
3. Able to read and write
4. A registered voter in the district in which he shall be elected (except the party-list
representative, can be registered anywhere in the Philippines).
5. Resident thereof for a period of not less than one year immediately preceding the day of
election.
General Rule: Under Civil Law “Residence” is different from “Domicile”
Exception: In Marcos vs COMELEC, under the Election Law, “Residence” may mean the same
as “Domicile”.
Residence vs Domicile
Residence- place of abode, whether permanent or temporary, as long as there is a factual
relationship of an individual is to a certain place.It is the physical presence of a person in a given
area, community or country. There is a reliance on whether or not a person is physically
present or physically residing in a certain place.
Domicile- denotes fixed permanent residence to which, when absent, has intention of returning.
Individuals “permanent home”.
NOTE: Either definition can be used to prove whether or not a person is qualified to
become a candidate for a position on the House of Representatives.
Term of Office: 3 years
Commencement: noon of June 30 following the elections
Term limitation: non-successive 3 consecutive terms.
Elections when: second Monday of May
Term vs Tenure
Term is the period during which an official is entitled to hold office. Tenure is the period during
which he actually holds office. Tenure can be shortened. Term is changed only by constitutional
amendment. (Dimaporo vs Mitra)
Effect of Filing of the COC on Tenure
Filing for candidacy to a position different from what he is holding does not terminate his tenure.
(Farinas vs Executive Secretary)
VACANCIES
Special Elections for Vacancies
 A special election may be called to fill such vacancy in the manner prescribed by law.
 Senator or member of the house of representatives thus elected shall serve only for the
unexpired term
 Call for Special Elections not mandatory. The matter is left to the discretion of the Congress-
“in the manner prescribed by law”.

COMPENSATION DETERMINED BY LAW

Effectivity of Changes in Salaries
If a law providing for increase in compensation is passed, it takes effect only until after the
expiration of the full term of ALL the Members of the Senate and the House of
Representatives approving of such increase.

The rationale is to place a legal bar to the legislator’s yielding to the natural temptation to
increase their salaries (Philconsa vs Mathay).

Allowances and expenses are not part of the prohibition - only limitation under the Constitution
is reasonable justification.

PARLIAMENTARY PRIVILEGE
PARLIAMENTARY PRIVILEGE FROM ARREST:
Requisite for invoking:
1. Congress must be in session
2. Offense charged must not be penalized by more than six years imprisonment

Rationale:
To protect legislators against harassment which will keep him away from legislative sessions.
Thus, there is no point in extending the privilege to the period when Congress is not in session.

PARLIAMENTARY PRIVILEGE OF SPEECH

Effect- absolute protection against suits for libel
Scope- utterance made in the performance of official legislative functions. Protection only
against forums other than the Congress itself. Does NOT protect against disciplinary authority of
Congress.
NOTE- NOT essential that the Congress be in session.

PROHIBITIONS:
1. Incompatible Offices- but offices in private corporations allowed- consequence is forfeiture
of seat.
2. Forbidden Offices- forfeiture of seats of no effect
3. Appearing as counsel- “physical personal appearance” “NOT on practice of law or being a
counsel to a case. May appear as genuine party to the case. Personal Prohibition
4. Financial Interest- direct and indirect
5. Intervene in any office of Government- pecuniary benefit.

ADMINISTRATION AND DISCIPLINE

Authorities:
A. Determine the rules of its proceedings
B. Punish its members for disorderly behavior, and
C. Suspend or expel a member for a maximum of 60 days ( with the concurrence of two-thirds of
its members)

Political Question:
 Implementation of the rules
 Imposition of disciplinary actions

Suspension under Constitution vs Suspension under Anti-Graft and Corrupt Practices Act
 AGCPA, Preliminary preventive measure and is not imposed upon the petitioner for
misbehavior as a member of the Congress.
 Constitution Power of Congress to discipline its own ranks.

QUORUM AND VOTING MAJORITY

Quorum- The majority of the total members of each respective house.
 Based on proportion between those physically present and the total membership of the body.
 Exception: If beyond coercive power (such as if he is abroad), basis of the quorum may be
reduced. (Avelino vs Cuenco)

Compel- Those present may compel attendance of absent members as to constitute a quorum.

VOTING MAJORITY
 Senate must elect a Senate President
 House of Representatives must elect a Speaker of the House
 Congress becomes properly organized once the officers have been chosen.

NOTE: Election of a Senate President and Speaker of the house is a Justiciable Issue. Election of
other officers is a Political Question.

PROCESS OF LAW MAKING- INITIATION

Originate Exclusively from HREP:
1. Appropriation of revenue or tariff bills
2. Increasing public debt
3. BIlls of local application
4. Private Bills

NOTE: Bill should be initiated in the HREP upon reaching the Senate, it can be changed and
completely modified by the Senate. The Senate can even make its own version of the bill.

BICAMERAL CONFERENCE COMMITTEES

1. As long as germane to the purpose of the original bill, amendments may be introduced
2. Reconcile conflicting provisions in Senate and HREP versions.
3. May meet in executive sessions to come up with compromises.

PROCESS OF LAW-MAKING - PASSING THE BILL

ONE SUBJECT EXPRESSED IN BILL’S TITLE
1. Mandatory
2. Riders are not allowed- must be germane to the subject-matter of the bill
3. Construed liberally in favor of compliance- given a practical rather than technical
construction.

THREE READINGS RULE

 General Rule: (3) Readings on separate days
 Exception: President certifies the necessity for immediate enactment to meet public calamity
or emergency

LAST READING RULE

 No more amendments
 Vote taken immediately after 3rd reading
 Yeas and nays entered in the journal

PROCESS OF LAW MAKING- BECOMING A LAW

CONGRESSIONAL APPROVAL
 Approved by Senate and HREP
 Positive approval: no Legislative inaction

CONGRESSIONAL OVERRIDE
 President vetoes a bill and returns the same to originating house
 2/3 of all members of originating House overrides veto and submits to the other House
 2/3 of all members of other House overrides veto also

EXECUTIVE APPROVAL
 Once approved by congress, presented to the president.
 Positive approval or Executive Inaction
 Veto must be communicated to originating House within (30) days from receipt
PROCESS OF LAW-MAKING- BECOMING A LAW
PRESIDENTIAL VETO
 Essentially a Legislative act
 Check and balance upon the power of the legislative department of the government but in
this respect it is a grant of power to the executive department

NOTE: Invalid Veto= as if the President did not act and may be subject to Executive Inaction.

PARTIAL VETO
General Rule: The President must veto the entire bill
Exceptions:
1. Item-veto or line-veto in appropriation, revenue or tariff bills- veto entire item and provisions
and conditions attached to it.
2. Riders in appropriation, revenue, or tariff bills- however see Gonzales vs. Macaraig, Jr. In that
other riders in non-appropriations may be line-vetoed.

PROCESS OF LAW-MAKING- BECOMING A LAW

Publication Requirement
Publication in every case is indispensable. Total omission of publication would be a denial of due
process in that the people would not know what laws to obey. (Tanada vs Tuvera).

Effectivity
 Takes effect fifteen (15) days after its publication in the official gazette or a newspaper of
general circulation.
 Presumption of Constitutionality Laws.

DECLARATION OF EXISTENCE OF A STATE OF WAR

General Rule: Only Congress has power to declare existence of state of war.
 By a vote of two-thirds of both Houses in joint session assembled, voting separately.
NOTE: declaration of existence of state of war is different from engaging in war.
Engage in War
 Actual power to engage in war is vested in the President alone, even in the absense of a
declaration of the Legislative.
 War is a question of actualities that may be subject to discretion of the President.
Declaration of Existence of State of War
 Enact all measure to support the war if already engaging in war
 Delegation of Emergency Powers
1. It must be for a limited period
2. Congress may prescribe restrictions
3. Delegation must be necessary and proper to carry out a declared national policy.

CONGRESSIONAL ELECTORAL TRIBUNAL

Two Tribunals
1. Senate Electoral Tribunal (SET)
2. House of Representatives Electoral Tribunal (HRET)
COMPOSITION (9) MEMBERS
1. Three (3) Justices of Supreme Court designated by Chief Justice
2. Six (6) members of respective House
NOTE: Chairman is most senior Justice
CRITERIA FOR APPOINTMENT
 Proportional representation from political parties
NOTE: establishment of members is a Political Question but may be justiciable if there is blatant
exclusion of a member.
WHEN CONSTITUTED
Within thirty (30) days from each respective House is organized upon election of Senate
President/Speaker of the House.
JURISDICTION
1. Election
2. Returns
3. Qualifications of Candidates
NOTE: sole-judge means exclusive jurisdiction if and only if there is an election contest.
COMELEC vs SET/HRET
COMELEC - from filing of the COC until proclamation of winner, executive and administrative
in nature.
SET/HRET- once a winner is proclaimed in matters pertaining to election, returns and
qualification of candidates; handle questions of fraud, terrorism, other irregularities in conduct of
election, authenticity of returns, qualifications of a proclaimed winner.
NOTE:HRET determines qualifications of a party-list CANDIDATE, COMELEC determines
qualification of a party-list to join the party-list system.
NOTE: Even Congress cannot interfere with SET/HRET since Independent Constitutional
Bodies.
NOTE: Decisions of SET/HRET may be subject to judicial review (GADALEJ)
COMMISSION ON APPOINTMENTS
COMPOSITION- TWENTY FIVE (25) MEMBERS
1. Senate President as ex officio Chairman
2. Twelve (12) Senators
3. Twelve (12) Members of the House of Representatives
NOTE: as much as possible, composition must be 25 members, but reaching 25 members must
not prejudice the rule on proportional representation - fractional seats must not be rounded up.
CRITERIA FOR APPOINTMENT
 Proportional representation from political parties
 Adjusts based on permanent changes in party affiliations
WHEN CONSTITUTED
Within (30) days from each respective House is organized upon election of Senate
President/Speaker of the House.
POSITIONS NEEDING CONSENT OF COA
1. Heads of executive departments
2. Ambassadors
3. Other public ministers and consuls
4. Officers of the AFP from the rank of colonel or naval captain
5. JBC regular members
6. Chairman and Commissioners of the Civil Service Commissions.
7. Chairman and Commissioners of the COMELEC
8. Chairman and Commissioners of the Commission on Audit.
DECICSION TO CONFIRM NOMINATIONS
 Majority decisions; Chairman to just break a tie
 Within thirty (30) session days from submission

WHEN TO DISCHARGE POWERS/FUNCTIONS

 Only while Congress is in session
 Recess appointment ceases to be valid upon disapproval or upon adjournment of Congress,
whichever comes first.