GROUP 3

Article VI
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.

Legislative Power
The authority under the Constitution to make laws and to alter and repeal them. This
is vested in congress.
alter - to change one or few specific provisions of the Constitution which does not
affect the functioning of other constitutional provisions not so amended or altered
repeal - to officially state that a law, rule, etc., no longer has legal force
 SECTION 1
Legislative Power is vested in:
The Congress of the Philippines which consists of a Senate and a House of
Representatives
The people to themselves, by the system of initiative and referendum

Initiative
The power of the people directly to propose amendments to the Constitution and
to propose the enactment of laws, or the approval or rejection of any act or law or
part thereof passed by the Congress or local legislative body (ART VI, Section 32)
 SECTION 1
Referendum
The electoral process by which a proposal to enact laws or approve or reject any
act or law or part thereof passed by the Congress or local legislative body is
approved or rejected by the people through an election called for the purpose

Who may exercise?

The power of initiative and referendum may be exercised by any registered voter
or group of voters in the Philippines.

Grant of Legislative power to Congress is plenary.

 SECTION 2
The Senate shall be composed of twenty-four Senators who shall be elected at
large by the qualified voters of the Philippines, as may be provided by law.

The Senate
The Senate is composed of twenty four members elected by all qualified
voters all over the country.
staggered elections
 SECTION 2
Who may register as a voter?

All citizens of the Philippines not otherwise disqualified by law who are at
least eighteen (18) years of age,
And who shall have resided in the Philippines for at least one (1) year, and in
the place wherein they propose to vote, for at least six (6) months
immediately preceding the election
Any person, who, on the day of registration may not have reached the
required age or period of residence but, who, on the day of the election shall
possess such qualifications, may register as a voter.
 SECTION 3
No person shall be a Senator unless he is a natural-born citizen of the Philippines,
and, on the day of the election, is at least thirty-five years of age, able to read
and write, a registered voter, and a resident of the Philippines for not less than
two years immediately preceding the day of the election.
 SECTION 3
The senators shall have the following qualifications:
1. Natural born citizens of the Philippines (ART. V, Section 2)
Those who are citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship
Those who elect Philippine citizenship in accordance with paragraph (3),
Section 1
(3) Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority;
2. At least 35 years old on the day of election
3. Able to read and write
4. A resident of the Philippines for at least two years before the election day
 SECTION 4
The term of office of the Senators shall be six years and shall commence, unless
otherwise provided by law, at noon on the thirtieth day of June next following
their election.
No Senator shall serve for more than two consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was
elected.
 SECTION 4
Senators have a six years term of office and may be re-elected for not
more than two terms.
Election for Senators: second Monday of May every 3 years (ART. VI, Sec. 8)
Commencement of office: noon on the 30th day of June next following
their election

Voluntary renunciation
This refers to an elective official's voluntary relinquishment (giving up) of office
and loss of title to this office.
 SECTION 5
The House of Representatives shall be composed of not more than two hundred
1 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.
The party-list representatives shall constitute twenty per centum of the total
2 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.
 SECTION 5
Each legislative district shall comprise, as far as practicable, contiguous, compact
3 and adjacent territory. Each city with a population of at least two hundred fifty
thousand, or each province, shall have at least one representative.

Within three years following the return of every census, the Congress shall make a
4 reapportionment of legislative districts based on the standards provided in this
section.
 The House of
Representative
 SECTION 5
District Representative
Members elected from legislative districts, which are apportioned based on population.

Key Features of Legislative District

Proportional Representation: District boundaries are adjusted according to population
shifts, ensuring fair representation.
Guaranteed Representation: Provinces, regardless of population size, are entitled to at
least one representative (e.g., Batanes with a population of 18,831 ).
 SECTION 5
Key Features of Legislative District
Territorial Integrity:
Contiguity: Areas within a district must be physically connected.
Adjacency: Districts must maintain geographical coherence, grouping nearby areas.
Compactness: Districts should avoid irregular shapes that could lead to unfair
representation, such as gerrymandering.
 SECTION 5
Party-list Representative
Members are elected using the party-list system to represent marginalized and
underrepresented groups such as laborers, farmers, women, youth, and indigenous peoples.

Party-list System
is a proportional representation process used to elect representatives to the House of
Representatives from national, regional, and sectoral parties, organizations, or coalitions
that have been registered with the Commission on Elections.
 SECTION 5
Manner of Voting
Each voter is entitled to two votes: one for a candidate in their legislative district and another
for a party, organization, or coalition they want represented in the House of Representatives.

Seat Allocation and Threshold

Party-list representatives make up 20% of the House of Representatives. Parties,
organizations, or coalitions receiving at least 2% of the total votes are entitled to one seat,
with additional seats based on the proportion of votes they receive, up to a maximum of
three seats per party.
 SECTION 5
Eligibility
Only organizations representing marginalized and underprivileged sectors may participate.

“The party-list system is a social justice tool designed not only to give more law to the
great masses of our people who have less in life, but also to enable them to become
veritable lawmakers themselves, empowered to participate directly in the enactment of
laws designed to benefit them."
 SECTION 5
Sectoral Representative
Temporary seats designated for various marginalized groups for the first three terms
following the approval of the 1987 Constitution.

The initial membership of the House was set at 250 representatives, based on a
population of 55 million.
 SECTION 5
Reapportionment
the realignment or change in legislative districts brought about by changes in population and
mandated by the constitutional requirement of equality of representation.
Example: Republic Act No. 9716

Reapportionment of legislative districts, according to Section 5(4), must be done by

Congress within three years following the return of every census in order to ensure that
proportional representation is preserved.
 SECTION 5
Creation of New Provinces or Cities
Each new province or qualifying city automatically gets its own legislative district. When
district is turned into a city large enough to have its own legislative district, the district is split
in two. If the creation of a new province or of a new city, have an imbalance results.
Commission on Elections (COMELEC) has no authority to correct the imbalance by the
transfer of municipalities from one district to another. Correction of the imbalance must
await the enactment of a reapportionment law.
 SECTION 6
No person shall be a Member of the House of Representatives unless he is a
natural-born citizen of the Philippines and, on the day of the election, is at least
twenty-five years of age, able to read and write, and, except the party-list
representatives, a registered voter in the district in which he shall be elected, and a
resident thereof for a period of not less than one year immediately preceding the
day of the election
 SECTION 6
General Qualification District Representative
natural-born citizen of the Philippines Must meet the general requirements,
25 years old especially the residency requirement of a
Able to read and write resident of the district for a period of not
a registered voter in the district in which he less than one year immediately preceding
shall be elected, and a resident thereof for a the day of the election.
period of not less than one year The qualifications must be possessed on
immediately preceding the day of the the day of the election
election.
 SECTION 6
Party-list Representative Sectoral Representative
party-list representatives are exempt from they should meet the same requirements
the one-year district residency requirement as party-list representatives.
because they do not represent a specific
district but rather marginalized sectors.
party-list representative must be a
registered voter and a resident of the
Philippines
"must represent marginalized and
underrepresented sectors."
 SECTION 6
Party-list Representative Sectoral Representative
party-list representatives are exempt from they should meet the same requirements
the one-year district residency requirement as party-list representatives.
because they do not represent a specific
district but rather marginalized sectors.
party-list representative must be a
registered voter and a resident of the
Philippines
"must represent marginalized and
underrepresented sectors."
 SECTION 6
Residence Requirement
The concept of residence is related to domicile. A person is considered a resident of a district
if they have a physical presence in the area and want to stay there. The notion is that
someone should be familiar with the group they want to represent.

What’s the difference between resident and domicile you mean?

Residence means a place of living, whether permanent or temporary. Domicile on the other
hand is a permanent residence, when gone, one has an intention to return.
 SECTION 6
When the Constitution prescribes a residence qualification,
does it mean either residence or domicile, or does it mean
domicile only?
The Court pointed out that residence does not have to be permanent; however, there
must be a clear intent to live in that district and build a meaningful connection with the
community.
 SECTION 7
The Members of the House of Representatives shall be elected for a term of three
years which shall begin, unless otherwise provided by law, at noon on the thirtieth
day of June next following their election.
No member of the House of Representatives shall serve for more than three
consecutive terms. Voluntary renunciation of the office for any length of time shall
not be considered as an interruption in the continuity of his service for the full term
for which he was elected.
TENURE VS TERM
 SECTION 7
Term
The specified duration of time an official is legally entitled to serve, as set by the
Constitution

Tenure
the actual time an official serves or holds their position. This can be shortened through
certain actions, like voluntary resignation or disqualification.

Example: The impeachment of 13th President of the Philippines, Joseph Estrada.

 SECTION 7
Term of Representatives:
serve three-year terms that begin on June 30, following their election. This start date can be
changed by law if necessary.
The 1987 Constitution matched Representatives' starting terms with the six-year terms of the
President and Senators to ensure synchronized national elections and a smoother
governance transition.
The representatives are only allowed to serve for 3 consecutive terms or a total of nine
years.
 SECTION 8
Unless otherwise provided by law, the regular election of the Senators and the
Members of the House of Representatives shall be held on the second Monday of
May.
SECTION 9
 SECTION 9
In case of vacancy in the Senate or in the House of Representatives, a special
election may be called to fill such vacancy in the manner prescribed by law, but the
Senator or Member of the House of Representatives thus elected shall serve only
for the unexpired term.
 SECTION 9
Must serve on the remaining term only.

Service of the unexpired term will be counted as one term for purposes
of counting the number of allowable successive terms.

Holding of special elections has not been made mandatory, and if held,
no set date is prescribed.

In the case of Senators, for instance, the special election for a vacant
seat could wait until the next triennial election for SENATORS.
SECTION 10
 SECTION 10
The salaries of Senators and Members of the House of Representatives shall be
determined by law. No increase in said compensation shall take effect until after
the expiration of the full term of all the Members of the Senate and the House of
Representatives approving such increase.
 SECTION 10
Initial Salaries and Higher Salaries for Leaders

Salary Increase Restrictions

Why Does It Take Six Years for Salary Increases to Apply?

Retirement Benefits and Salary Increases

1935 Constitution “per diems”

SECTION 11
 SECTION 11
Priviledge from Arrest

Parliamentary Freedom of Speech and Debate

SECTION 12
 SECTION 12
Financial and Business Interests

First Sentence - sets down a policy of full disclosure of the

financial and business affairs of a legislator.
Second Sentence - requires him to put the House on notice
about any "potential conflict of interest that may arise from
the filing of a proposed legislation of which they are
authors."
SECTION 13
 SECTION 13
Disqualifications

A member of Congress may not hold, during his tenure

as member, any other office in the government or in
any of its instrumentalities, including government-
owned or controlled corporations or their subsidiaries.
SECTION 14
 SECTION 14
Contents:

Ensures legislators focus on their duties.

Prevents conflicts of interest.

 SECTION 14
Prohibition on Lawyer-Legislators

“No Senator or Member of the House of Representatives

may personally appear as counsel before any court of
justice or before the Electoral Tribunals, or quasi-judicial
and other administrative bodies.”
 SECTION 14
Legal Settings:

Court of Justice: Regular courts that handle cases

(Supreme Court, MTCs, MTCCs, and MCTCs)
Electoral Tribunals: Special courts for election disputes.
Quasi-Judicial Bodies: Agencies making decisions like
courts (e.g., CSC, COMELEC, and COA)
 SECTION 14
Prohibition on Lawyer-Legislators
Legislators cannot appear as counsel in:
1. Courts of Justice
2. Electoral Tribunals
3. Quasi-judicial and administrative bodies
Purpose: To prevent legislators from using their position
for personal or legal gain
 SECTION 14
Prohibition on Lawyer-Legislators
The Puyat v. de Guzman Case
Key Point: Assemblyman Fernandez tried to bypass the rule by buying
small shares in a company involved in a case
Supreme Court Ruling: His intervention was rejected. Legislators
cannot use small stakes as an excuse to represent cases
Lesson: The prohibition ensures integrity and avoids misuse of position
 SECTION 14
Prohibitions on Conflicts of Interest
2nd Paragraph:

“Neither shall he, directly or indirectly, be interested financially in

any contract with, or in any franchise or special privilege granted
by the Government, or any subdivision, agency, or instrumentality
thereof, including any government-owned or controlled
corporation, or its subsidiary, during his term of office.”
 SECTION 14
Prohibitions on Conflicts of Interest
2nd Paragraph:
Legislators cannot profit from government contracts,
franchises, or special privileges
Purpose:
1. To prevent abuse of power
2. To ensure fairness in government dealings
 SECTION 14
Prohibitions on Conflicts of Interest
2nd Paragraph:

Prohibited vs. Allowed Contracts (Examples)

1. Prohibited: Legislator owning a construction company
bidding on a public works contract
2. Allowed: Buying a ticket from a government-owned
airline (e.g., PAL)
 SECTION 14
Prohibitions on Conflicts of Interest
3rd Paragraph:

“He shall not intervene in any matter before any office of

the Government for his pecuniary benefit or where he
may be called upon to act on account of his office.”
 SECTION 14
Prohibitions on Conflicts of Interest
3rd Paragraph:
Legislators cannot:
1. Intervene in government matters for financial benefit
2. Take roles that create conflicts of interest
Purpose:
1. Prevent abuse of power.
2. Maintain impartiality.
3. Avoid conflicts of interest.
SECTION 15
 SECTION 15
Provision
The Congress shall convene once every year on the fourth
Monday of July for its regular session, unless a different
date is fixed by law, and shall continue to be in session for
such number of days as it may determine until thirty days
before the opening of its next regular session, exclusive of
Saturdays, Sundays, and legal holidays. The President may
call a special session at any time.
 SECTION 15
Fixed Date for Regular Session
"The Congress shall convene once every year on
the fourth Monday of July for its regular session…"
Meaning: Congress starts its regular session every
year on the fourth Monday of July
Purpose: Consistent legislative schedule
 SECTION 15
Flexibility in the Date

"…unless a different date is fixed by law…"

Meaning: Congress can change the start date,
but it requires passing a law
Purpose: Flexibility and fairness
 SECTION 15
Duration of the Session

"…and shall continue to be in session for such number

of days as it may determine…"
Meaning: Congress decides how many days it
will work during its regular session
Purpose: Flexibility
 SECTION 15
Break Before Next Session

"…until thirty days before the opening of its next

regular session…"
Meaning: Congress must adjourn at least 30 days
before the next session starts
Purpose: To prepare for the next legislative year
 SECTION 15
Exclusion of Weekends and Holidays

"…exclusive of Saturdays, Sundays, and legal holidays."

Meaning: Weekends and legal holidays are not
counted when determining how many days Congress
is in session
Purpose: Ensures that lawmakers are actively working
on weekdays
 SECTION 15
The President’s Power to Call Special Sessions

“The President may call a special session at any time."

Meaning: The President can call Congress into session
outside its regular schedule
Purpose: To address urgent matters that require
immediate attention
 SECTION 15
Regular Session v.s Special Session
SECTION 16
 SECTION 16 (1)
Election of the Senate President and House Speaker
“The Senate shall elect its President and the House of
Representatives its Speaker, by a majority vote of all its
respective Members.
Each chamber (Senate and House of Representatives) must
choose their respective leaders
Senate President: voted by majority of Senate
House Speaker: voted by majority of House of Representatives
 SECTION 16 (1)
Senate President and House Speaker
 SECTION 16 (1)
Other Necessary Officers
Each House shall choose such other officers as it
may deem necessary.”
Each chamber (Senate and House of Representatives) can also
elect other officers they think are necessary
Purpose: To ensure that the Senate and the House run smoothly.
 SECTION 16 (1)
Other Necessary Officers
 SECTION 16 (2)
Provision

“A majority of each House shall constitute a quorum

to do business, but a smaller number may adjourn
from day to day and may compel the attendance of
absent Members in such manner, and under such
penalties, as such House may provide.”
 SECTION 16 (2)
What is a Quorum?

The required number of members of each house to be

present in order to transact business during its regular or
special session
Purpose: It ensures that decisions are made with
enough participation
 SECTION 16 (2)
Adjournment in Absence of Quorum
“...a smaller number may adjourn from day to day…”

Smaller number of member may postpone sessions

from day to day
Purpose: It ensures that the legislative process is not
stalled indefinitely
 SECTION 16 (2)
Authority to Enforce Attendance.
“...and may compel the attendance of absent
Members in such manner, and under such penalties,
as such House may provide.”
Imposing penalties (e.g., fines, suspension, or
reprimands)
Issue of orders for the arrest
 SECTION 16 (3)
Provision
“Each House may determine the rules of its
proceedings, punish its Members for disorderly
behavior, and, with the concurrence of two-thirds of
all its Members, suspend or expel a Member. A
penalty of suspension, when imposed, shall not
exceed sixty days.”
 SECTION 16 (3)
Legislative Autonomy
1. Power to Create Rules:
Each House can establish and adapt its own rules to
ensure orderly sessions
Rules are essential for fair and efficient governance
2. Power to Enforce Discipline:
Authority to punish disorderly members to maintain
integrity
Ensures smooth legislative operations
 SECTION 16 (3)
Other Legislative Power
1. Continuous Power:
Congress’s authority to create and enforce rules is
ongoing.
2. Absolute Control:
Not restricted to a fixed set of procedures—flexible
and dynamic.
 SECTION 16 (3)
Penalties: Suspension and Expulsion
1. Suspension:
Limited to a maximum of 60 days.
Enforced to address misconduct while retaining fairness.
Requires agreement of two-thirds of all members.
2. Expulsion:
Requires agreement of two-thirds of all members.
Reflects careful deliberation for severe penalties.
 SECTION 16 (3)
Judicial Deference to Congress
1. Separation of Powers:
Courts cannot interfere in Congress’s internal rules or discipline.
Congress defines “disorderly behavior” and manages its
proceedings independently.
2. Legislative Rules:
Parliament may waive, modify, or enforce its rules as needed.
Actions remain valid with required member consensus.
 SECTION 16 (3)
Limits to Legislative Autonomy

1. Judicial Limits:
Courts may only intervene if Congress’s actions affect
individuals or entities outside Congress.
Protects fairness without compromising legislative
independence.
 SECTION 16 (4)
Provision
“Each House shall keep a Journal of its proceedings, and
from time to time publish the same, excepting such parts as
may, in its judgment, affect national security; and the yeas
and nays on any question shall, at the request of one-fifth of
the Members present, be entered in the Journal.

Each House shall also keep a Record of its proceedings.”

 SECTION 16 (4)
What is a Journal?
A Journal is a summary of the key activities and
decisions made during legislative sessions.
Includes highlights (e.g., Bills passed, Votes cast, Major
resolutions)
Captures the proceedings—the events, discussions, and
decisions during a session.
 SECTION 16 (4)
The Journal and Transparency

Publish means to make the Journal available to the public.

Transparency: Allows citizens to see what Congress is doing
and hold lawmakers accountable for their actions.
Exception: Parts of the Journal may not be published if it
concerns national security.
 SECTION 16 (4)
Yeas and Nays

Yeas and nays (yes and no votes) must be

recorded if requested by one-fifth (20%) of
Members present.
Ensures accountability by making lawmakers'
votes public.
 SECTION 16 (4)
Record of Proceedings

Unlike the Journal, the Record is a verbatim (word-

for-word) transcript.
Captures all debates, discussions, and detailed
legislative deliberations.
Serves as a comprehensive reference for
lawmakers, historians, and the public.
 SECTION 16 (4)
Purpose of the Provision

Transparency: Keeps the public informed about

legislative actions.
Accountability: Holds lawmakers accountable for
their votes and decisions.
Flexibility: Allows for withholding information that
affects national security.
 SECTION 16 (4)
Official Status of the Journal

The Journal is an official government record.

It is considered conclusive evidence in legal
matters.
Courts can intervene if the Journal conflicts with
another official legislative act.
 SECTION 16 (4)
Conflict Between Journals and Enrolled Bills

An Enrolled Bill is the official, certified version of a bill.

If the Journal and the Enrolled Bill conflict, courts
typically give more weight to the Enrolled Bill.
The Enrolled Bill is the definitive proof of a bill's
passage.
 SECTION 16 (5)
Provision

“Neither House during the sessions of the Congress

shall, without the consent of the other, adjourn for
more than three days, nor to any other place than
that in which the two Houses shall be sitting.”
 SECTION 16 (5)
Key Terms & Concepts
Adjournment: Temporary suspension of legislative sessions.
Consent of the Other: Both Houses must approve actions that
impact the other, such as adjournments.
Three-Day Limit: Neither House can adjourn for more than
three days without approval from the other House.
Location: Both Houses must meet at the same location unless
agreed otherwise by both.
 SECTION 16 (5)
Voluntary Recesses and Restrictions
Voluntary Recesses: Either House may choose to take a
break.
Restrictions:
1. No adjournment for more than three days without the other
House’s consent.
2. Both Houses must agree on the location of the sessions.
 SECTION 16 (5)
Purpose of the Provision
Ensures coordination between the Senate and House of
Representatives.
Prevents disruption of legislative work by one House
taking unilateral actions.
Guarantees efficiency, accountability, and cooperation
between both Houses.
SECTION 17
 SECTION 17
COMPOSITION

Mixture of members of Congress and of the

Supreme Court.
Three Supreme Court Justices- designated by
the Chief Justice
Six members of the Senate or House of
Representatives
 SECTION 17
JURISDICTION

The 1902 Act gave the National Assembly the exclusive power to decide the elections,
returns, and qualifications of its members.
The Electoral Commission, provided in the 1935 Philippine Constitution shall be the sole
judge of all contests relating to the election, returns, and qualifications of all members of
the National Assembly.
An “election contest” happens when a losing candidate challenges the winner , not just to
remove them but to take their place.
 SECTION 17
Can the Tribunal disqualify a member on the basis of qualifications or
disqualifications not found in the Constitution itself?

In election contests, COMELEC's authority ends once a candidate is proclaimed and takes
their oath as a Member of Congress.

if the candidate with the highest votes got disqualified, will the second-
place candidate take its place?

No
 SECTION 17
INDEPENDENCE

Tribunals are separate and independent

The Electoral Tribunals are separate from COMELEC
They don't handle pre-proclamation issues
Their decisions on election contests can't be
appealed to the Supreme Court
SECTION 18 - 19
 SECTION 18 - 19
The Commission on Appointments (CA) is a constitutional body
composed of 25 members: the President of the Senate as ex-officio
Chairman, 12 Senators, and 12 House Representatives.
The Chairman shall not vote, except in case of tie
Its function is to review, approve, or reject the President’s
appointments to key government positions
The CA operates independently from both the executive and
legislative branches to ensure impartiality in the confirmation
process.
 SECTION 18 - 19
The Electoral Tribunals and the Commission on
Appointments must be formed within 30 days
with the election of their President and
Speaker.
Can only meet when Congress is in session
Decisions are made by a majority of vote of all
members
SECTION 20
 SECTION 20
PRACTICAL
PURPOSE AND INTENT KEY PROVISIONS IMPLICATIONS

Transparency and Public access to records Accountability of

Accountability Auditing by the Commission Legislators
on Audit (COA) Empowerment of Citizens
Annual itemized reports Enhanced Trust in
Governance
 SECTION 21
The Senate or the House of Representatives or any of its
respective committees may conduct inquiries in aid of legislation
in accordance with its duly published rules of procedure. The
rights of persons appearing in or affected by such inquiries shall
be respected.
 SECTION 21
committees in aid of legislation
the Constitution explicitly recognizes the a requirement that is an essential
power of investigation not just of Congress element for establishing the jurisdiction
but also of “any of its committees” of the legislative body

power to inquiry rules of procedure

with the process to enforce it, it’s in accordance with its duly published rules
essential to and appropriate auxiliary to of procedure - The Rules of Procedure
the legislative function Governing Inquiries in Aid of Legislation was
adopted by the Senate on 9 August 2010 and
was published in the 11 August 2010
 SECTION 22
The heads of departments may upon their own initiative, with the consent of
the President, or upon the request of either House, as the rules of each House
shall provide, appear before and be heard by such House on any matter
pertaining to their departments. Written questions shall be submitted to the
President of the Senate or the Speaker of the House of Representatives at least
three days before their scheduled appearance. Interpellations shall not be
limited to written questions, but may cover matters related thereto. When the
security of the State or the public interest so requires and the President so
states in writing, the appearance shall be conducted in executive session.
 SECTION 22
heads of departments oversight function

heads of the different executive This provision emphasizes the role of

departments in the Philippines Congress in exercising control or
Department Heads are alter egos of the supervision over the Executive
President, they may not appear without branch by requiring department
the permission of the President. heads to appear before them and
explain or defend their actions.
appear before and be heard by such /respicio.ph
House on any matter pertaining to their
departments - this is to achieve
cooperation between the executive
and legislative departments
 SECTION 22
written questions and interpellations executive sessions
Written questions must be submitted to An executive session simply put, is a
the senate president or speaker of the proceeding by the legislature or any
house at least three days before their of its committees, that is held behind
appearance
closed doors, beyond the prying ears
Interpellation is the act in which we are
of the public and the media.
formally throwing questions at a
/theboholchronicle
government official
 SECTION 23
paragraph 1

The Congress, by a vote of two-thirds of both Houses in a

joint session assembled, voting separately, shall have the
sole power to declare the existence of a state of war.
 SECTION 23
paragraph 1

Sole Power of Congress Role of the Executive

The authority to declare war is While Congress has the sole authority to
exclusively vested in Congress. This declare the existence of a state of war,
emphasizes the separation of powers, the President, as Commander-in-Chief
ensuring that the executive branch does of the Armed Forces (Article VII, Section
not unilaterally engage in warfare. 18), plays a critical role in the
implementation and prosecution of such
a war.
 SECTION 23
paragraph 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.
 SECTION 23
paragraph 2

delegation of emergency powers

Existence of War or National Emergency

Congressional Authorization

two limits on the emergency powers

given only for a limited period

emergency powers are subject to such restrictions as the
Congress may provide
 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 24
types of bills
appropriation bill - purpose is to set aside a sum of money for public use
revenue or tariff bills - strictly for the raising of revenues
bills of local application - reach is limited to specific localities, such for instance as the creation of a
town
private bills - affect private persons, such for instance as a bill granting citizenship to a specific
foreigner

where must they originate?

shall originate exclusively in the House of Representatives
district Representatives are closer to the pulse of the people than senators are
 SECTION 25
paragraph 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.

Thus, a bill enacting the budget is an appropriations bill.

BUT: A bill creating a new office, and appropriating funds therefore is NOT an appropriation bill.
PURPOSE : to prevent a big budget deficit because it ensures that government spending is controlled,
transparent, and aligned with available revenues
 SECTION 25
paragraph 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.

Riders - provisions unrelated to the appropriation bill. These could include policies or laws that have
nothing to do with funding.
Inappropriate provisions - to be included in the category of “inappropriate provisions” are
unconstitutional provisions and provisions which are intended to amend other laws, because clearly
these kinds of laws have no place in appropriations bill
 SECTION 25
paragraph 3
The procedure in approving appropriations for the Congress shall strictly follow
the procedure for approving appropriations for other departments and
agencies.

Budget Process of the Philippine Government:

1. Budget Preparation - The executive prepares the proposed National budget
2. Budget Legislation - Congress reviews and amends the budget and enact it into a law
3. Budget Execution - Agencies utilize the approved budgets
4. Budget Accountability - The executive monitor and evaluate the use of budget
 SECTION 25
paragraph 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.

If the funds are not actually available, the special appropriation bill must provide a corresponding
revenue proposal.
National Treasurer - SHARON P. ALMANZA (source: https://www.treasury.gov.ph/?page_id=62973)
 SECTION 25
paragraph 5
Transfer of appropriations:

Rule: No law shall be passed authorizing any transfer of appropriations

BUT: the following 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
President
President of the Senate
Speaker of the House of Representatives
Chief of Justice of the Supreme Court
Heads of the Constitutional Commissions

The purpose of augmenting an item and such transfer may be made only if there are savings
from another item in the appropriation of the government branch or constitutional body.
 SECTION 25
paragraph 6
Discretionary funds appropriated for particular officials shall be:
Disbursed only for public purposes;
Should be supported by appropriate vouchers; and
Subject to guidelines as may be prescribed by law.
 SECTION 25
paragraph 7

If Congress fails to pass General Appropriations Bill (GAB) by the end of

any fiscal year:

The GAB for the previous year is deemed reenacted

It will remain in full force and effect until the GAB is passed by
Congress
 SECTION 26
paragraph 1
Every bill passed by the Congress shall embrace only one subject which shall be
expressed in the title thereof.
As a mandatory requirement
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.
ANTI-SMOKING
ACT

One subject
 SECTION 26
paragraph 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.
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.
 SECTION 26
paragraph 2

Step 1: Bill Filing

BILL

Members of the Congress

Author
Co-Authors
 SECTION 26
paragraph 2

Step 1: Bill Filing

BILL

Members of the Congress

Author
Co-Authors
 SECTION 26
paragraph 2

Step 2: First Reading

Title
Bill Number
Author's Name
 SECTION 26
paragraph 2

Step 3: Committee Hearings/Reports

Committee Experts
Review
Research
Revise
 SECTION 26
paragraph 2

Step 4: Calendar for Second Reading

COMMITEE BILL
REPORT

OVED
APPR

Committee on Rules
 SECTION 26
paragraph 2

Step 5: Second Reading

Sponsorship Debates Ammendments

speeches
 SECTION 26
paragraph 2

Step 6: Voting on the Second Reading

2nd Version
 SECTION 26
paragraph 2

Step 7: Voting on the Thirs Reading

The Title of the bill is read

No amendment is allowed

The Yeas and Nays are entered in the journal

 SECTION 26
paragraph 2

Step 8: Referral to the other Chamber

3 Readings

Senate House of Representatives

 SECTION 26
paragraph 2

Step 9: Bicameral Conference

BILL

Bicameral Conference
Committee
 SECTION 26
paragraph 2

Step 10: Submission to Malacanang

BILL
 SECTION 27
paragraph 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

3 options:
1. Approved
2. Vetoed
3. Lapsed into Law

President
 SECTION 27
paragraph 1

1. Approved

BILL
Republic Act
VED takes effect 15 days after
PRO
AP
publication in the Official
Gazette or at least two national
newspapers of general
circulation

President
 SECTION 27
paragraph 1

2. Vetoed Accept the veto OR Override - 2/3 majority votes

BILL

Senate House of Representatives

 SECTION 27
paragraph 1

3. Lapsed into Law

BILL LAW

President
fails to act on it within 30 days
after receiving the bill
 SECTION 27
paragraph 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.

Pocket/Item veto

The President may veto particular items in an

appropriation, revenue or tariff bill.
This veto will not affect items to which he does not
object.
Definition of item
Veto of a rider
 SECTION 28
paragraph 1
The rule of taxation shall be uniform and equitable. The Congress shall evolve a
progressive system of taxation.

POWER TO TAX
Exercised by the Congress
The rule of taxation should be UNIFORM
It should be EQUITABLE
Congress should evolve a PROGRESSIVE system of taxation.
The power to tax must be exercised for a public purpose because the power exists for the
general welfare
The due process and equal protection clauses of the Constitution should be observed
 SECTION 28
paragraph 2
Delegation of power to fix rates
a. Congress may authorize, BY LAW, authorize the President to fix the following:
Tariff rates
Import and Export Quotas
Tonnage and wharfage dues
Other duties and imposts
Within the framework of the national development program of the Government

b. The exercise of such power by the President shall be within the specified limit
fixed by Congress and subject to such limitations and restrictions as it may impose.
 SECTION 28
paragraph 3
Constitutional tax exemptions
a. The following properties are exempt from REAL PROPERTY taxes
Charitable institutions
Churches, and parsonages or convents appurtenant thereto
Mosques
Non-profit cemeteries; and
All lands, buildings and improvements actually, directly and exclusively used for religious,
charitable, or educational purposes.
b. All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL institutions that such revenues
and assets are actually, directly and exclusively used for educational purposes

c. Grants, endowments, donations or contributions used actually, directly and exclusively for
educational purposes
 SECTION 28
paragraph 4

No law granting any tax exemption shall be passed without the

concurrence of a majority of all the Members of the Congress.

MAJORITY

Congress
 SECTION 29
No money shall be paid out of the Treasury except in pursuance of an
1 appropriation made by law.

Appropriation - to allot, assign, set apart or apply to a particular use or

purpose.

Control of public funds in the hands of Congress

 SECTION 29
Definition of terms:

Denomination - a recognized autonomous branch of the Christian Church.

Sectarian Institution - an institution that is owned and operated by a religious
organization and follows the rules of a particular group or sect.
Dignitary - a person considered to be important because of high rank or office.
Leprosarium - a hospital for people with leprosy.
Penal Institution - is a facility where individuals convicted of violating criminal
laws are confined or supervised under conditions of limited freedom as a form
of punishment, control, or reform.
 SECTION 29
No public money or property shall be appropriated, applied, paid, or
2 employed, directly or indirectly, for the use, benefit, or support of any
sect, church, denomination, sectarian institution, or system of religion, or
of any priest, preacher, minister, or other religious teacher, or dignitary as
such, except when such priest, preacher, minister, or dignitary is assigned
to the armed forces, or to any penal institution, or government
orphanage or leprosarium.

This law upholds the principle of separation of church and state.

 SECTION 29
All money collected on any tax levied for a special purpose shall be
3 treated as a special fund and paid out for such purpose only. If the
purpose for which a special fund was created has been fulfilled or
abandoned, the balance, if any, shall be transferred to the general funds
of the Government.

This is intended to prevent abuse in the disposition of special funds.

 SECTION 29
What are the importance of section 29?

Safeguards the freedom of religion.

Prevents the government from arbitrarily spending public money.

Ensures that all expenditures are properly accounted for and authorized
by law.
 SECTION 30
No law shall be passed increasing the appellate jurisdiction of
the Supreme Court as provided in this Constitution without its
advice and concurrence.

Appellate jurisdiction is the power of a court to review and

potentially reverse or modify the decisions of lower courts.
 SECTION 31

No law granting a title of royalty or nobility shall be enacted.

This restriction directly applies to the power of Congress

to make laws.
 SECTION 32
The Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions therefrom, whereby
the people can directly propose and enact laws or approve or
reject any act or law or part thereof passed by the Congress or
local legislative body after the registration of a petition therefore
signed by at least 10% of the total number of registered voters, of
which every legislative district must be represented by at least 3%
of the registered voters thereof.
 SECTION 32
The implementation of this constitutional provision is The Republic Act No. 6735

In RA 6735 (The Initiative and Referendum Act)

Section 3 the Initiative and referendum is defined as:

"Initiative" is the power of the people to propose amendments to the

Constitution or to propose and enact legislation through an election called for
the purpose.

"Referendum" is the power of the electorate to approve or reject a legislation

through an election called for the purpose.
 egi
l LAY tive
Sknb?
article six group 3
 Section 2
How many Senators are
there in the Senate?
Section 2
24
 Section 4
How long is the term of
office for a Senator?
Section 4
6 Years
 Section 5
What is the maximum number of
members of the House of
Representatives, unless
otherwise fixed by law?
Section 5
250 Members
 Section 7
IF a member steps down, what
happens to their term?
Section 7
will not reset
 Section 10
What rule applies when
Senators and House members
decide on their own salary
raise?
 Section 10
The pay raise takes effect
only after their term ends.
 Section 15
On what date does Congress typically
start its regular session each year, and
who has the power to call a special
session outside of this schedule?
 Section 15
4th Monday of July;
The President
 Section 16
Who elects the President of the
Senate and the Speaker of the
House of Representatives?
 Section 16
Senate for Senate President;
House of Representative for
House Speaker
 Section 20
According to the 1987 Philippine Constitution,
within how many days must the Electoral
Tribunals and the Commission on Appointments
be formed after the Senate and House of
Representatives are organized?
Section 20
30 days
 Section 21
Who can conduct inquiries in aid of
legislation?
a) The President
b) The Senate and House of Representatives or their
Committees
c) The Supreme Court
d) Local Government Units
Section 21
b) The Senate and House
of Representative or their
Committees
 Section 22
How many days before the
scheduled appearance must
written questions be submitted?
Section 22
3 days
 Section 25
Who approves the General
Appropriations Bill before it
becomes law?
Section 25
Congress
 Section 30
True or False: No law shall be passed
increasing the appellate jurisdiction
of the Supreme Court as provided in
this Constitution without its advice
and concurrence.
Section 30
True
 Section 31
True or False: A law granting a
title of royalty or nobility shall
be enacted
Section 31
False
Tha nk
Y ou !