Atty.

JRS Umadhay’s Political Law reviewer

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THE STATE
The four elements of the State
1. Territory
2. People
3. Government
4. Sovereignty

Leading Theories on the Creation of the State

1. Divine right Theory
The State was a creation of God and the head of the state is a god-like figure.
2. Social Contract Theory
The state is created by a contract or agreement between people or the community. It
was introduced by John Locke.
3. Instinctive Theory
The state is a consequence of the natural instinct of man to organize or establish a
group or community because man is a community or a political animal.

THE PHILIPPINE CONSTITUTION

CONSTITUTION: DEFINITION, NATURE AND CONCEPTS

Political Law
Branch of public law that deals with the organization and operations of the governmental organs of
the State and defines its relations with the inhabitants of the territory. (People v. Perfecto, G.R.
No. L-18463, Oct. 4, 1922)

CONSTITUTION
The written instrument enacted by direct action of the people by which the fundamental powers of
the government are established, limited and defined, and by which those powers are distributed
among the several departments for their safe and useful exercise for the benefit of the body politic.
(Malcolm, Philippine Constitutional Law, p. 6)

Effectivity date of the present Constitution

The 1987 Constitution was ratified in a plebiscite on February 2, 1987. (De Leon v. Esguerra, G.R.
No. L-78059, Aug. 31, 1987)

Written Unwritten
Precepts are embodied in one document or set Consists of rule, which have not been
of documents. integrated into a single, concrete form but are
scattered in various sources.

PARTS OF A WRITTEN CONSTITUTION

1. Constitution of Sovereignty – Provisions pointing out the modes or procedure in accordance
with which formal changes in the Constitution may be made. (1987 Constitution, Art. XVII)
2. Constitution of Liberty – Series of prescriptions setting forth the fundamental civil and political
rights of the citizens and imposing limitations on the power of the government as a means of
securing the enjoyment of those rights. (1987
Constitution, Art. III)
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3. Constitution of Government– Provides for a structure and system of government; provisions

outlining the organization of the government, enumerating its powers, laying down certain rules
relative to its administration and defining the electorate. [1987 Constitution, Art. VI (Legislative
Dep’t); Art. VII (Exec. Dep’)]; Art. VIII (Judicial Dep’t); Art. IX (Constitutional Commissions)]

NATIONAL TERRITORY
Territory
Fixed portion of the surface of the Earth inhabited by the people of the State. As an element of a
State, it is an area over which a state has effective control.

Composition of the Philippine Territory

1. The Philippine archipelago – That body of water studded with islands which is
delineated in the Treaty of Paris, as amended by the Treaty of Washington and the Treaty
with Great Britain.
2. All other territories over which the Philippines has sovereignty or jurisdiction –
Includes any territory that presently belongs or might in the future belong to the
Philippines through any of the accepted international modes of acquiring territory.

Archipelagic State
A state constituted wholly by one or more archipelagos and may include other islands.

Archipelagic Doctrine (2015 Bar)

The waters around, between, and connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the Philippines. (1987 Constitution,
Art. I)
Under the Archipelagic Doctrine, we connect the outermost points of our archipelago with straight
baselines and consider all the waters enclosed thereby as internal waters. The entire archipelago is
regarded as one integrated unit instead of being fragmented into so many thousand islands. (Cruz
and Cruz, Philippine Political Law, p. 24)

Purposes of the Archipelagic Doctrine

a. Territorial Integrity
b. National Security
c. Economic reasons

NOTE: The main purpose of the archipelagic doctrine is to protect the territorial interests of an
archipelago, its territorial integrity. Without it, there would be “pockets of high seas” between some
of our islands and islets, thus foreign vessels would be able to pass through these “pockets of seas”
and would have no jurisdiction over it.

Effect of RA 9522 (An Act to Amend Certain Provisions of RA 3046, As Amended by RA

5446, To Define the
Archipelagic Baseline of the Philippines and For Other Purposes) on specific description
and affirmation of sovereignty over our national territory
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RA 9522 amends RA 3046, which defines the baselines of the territorial sea of the Philippines. The
Kalayaan Island Group as constituted under PD 1596 and Bajo de Masinloc, also known as
Scarborough Shoal is determined as “Regime of Islands” under the Republic of the Philippines
consistent with Art. 121 of the United Nations Convention on the Law of the Sea which states:
1. An island is a naturally formed area of land, surrounded by water, which is above water at high
tide.
2. Except as provided for in par. 3, the territorial sea, the contiguous zone, the exclusive economic
zone and the continental shelf of an island are determined in accordance with the provisions of this
Convention applicable to other land territory.
3. Rocks which cannot sustain human habitation or economic life of their own shall have no
exclusive economic zone or continental shelf. Spratlys Group of Islands (SGI) is not part of the
Philippine Archipelago because it is too far to be included within the archipelagic lines encircling
the internal waters of Philippine Archipelago. The SGI, however, is part of the Philippine territory
because it was discovered by a Filipino seaman in the name of Tomas Cloma who later renounced
his claim over it in favor of the Republic of the Philippines. Subsequently, then Pres. Marcos issued a
Presidential Decree constituting SGI as part of the Philippine territory and sending some of our
armed forces to protect said island and maintain our sovereignty over it.

SGI and Scarborough Shoal as part of the National

Territory (2013 Bar)
The SGI and Scarborough Shoal fall under the 2nd phrase of Art. I, i.e., “and all other territories over
which the Philippines has sovereignty or jurisdiction.” It is part of our national territory because
the Philippines exercise sovereignty (through election of public officials) over the Spratly Group of
Islands. Moreover, under the Philippine Baselines Law of 2009 (RA 9522), the Spratly Islands and
the Scarborough Shoal are classified as islands under the regime of the Republic of the Philippines.
(Philippine Baselines Law of 2009)

Leading case in National Territory. Magallona v Ermita

The Court finds R.A. 9522 constitutional. It is a Statutory Tool to Demarcate the Country’s
Maritime Zones and Continental Shelf Under UNCLOS III, not to Delineate Philippine Territory.
It is a vital step in safeguarding the country’s maritime zones. It also allows an internationally-
recognized delimitation of the breadth of the Philippine’s maritime zones and continental shelf.

Additionally, The Court finds that the conversion of internal waters into archipelagic waters will
not risk the Philippines as affirmed in the Article 49 of the UNCLOS III, an archipelagic State has
sovereign power that extends to the waters enclosed by the archipelagic baselines, regardless
of their depth or distance from the coast. It is further stated that the regime of archipelagic sea
lanes passage will not affect the status of its archipelagic waters or the exercise of sovereignty
over waters and air space, bed and subsoil and the resources therein.

The Court further stressed that the baseline laws are mere mechanisms for the UNCLOS III to
precisely describe the delimitations. It serves as a notice to the international family of states and
it is in no way affecting or producing any effect like enlargement or diminution of territories.

GENERAL PRINCIPLES AND STATE POLICIES

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Doctrine of Constitutional Supremacy

Under this doctrine, if a law or contract violates any norm of the Constitution, that law or contract,
whether promulgated by the legislative or by the executive branch or entered into by private
persons for private purposes, is null and void and without any force and effect. Since the
Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in
every statute and contract. (Manila Prince Hotel v GSIS, G.R. No. 122156, Feb. 3, 1997)

Republican State (1996 Bar)

A state wherein all government authority emanates from the people and is exercised by
representatives chosen by the people. (Dissenting Opinion of Justice Puno, Tolentino v.
COMELEC, G.R. No. 148334, Jan. 21, 2004)

Manifestations of Republicanism
1. Ours is a government of laws and not of men.
2. Rule of Majority (Plurality in elections)
3. Accountability of public officials
4. Bill of Rights
5. Legislature cannot pass irrepealable laws
6. Separation of powers

State policy on war (1992, 1997, 2000, 2003 Bar)

The State renounces war as an instrument of national policy. (1987 Constitution, Art. II, Sec. 2)
NOTE: The Philippines does not renounce defensive war because it is duty bound to defend its
citizens. Under the
Constitution, the prime duty of the government is to serve and protect the people.
Voting requirements to declare the existence of a state of war
1. 2/3 vote of both Houses
2. In joint session
3. Voting separately

Independent Foreign Policy and a nuclear-free

Philippines
The State shall pursue an independent foreign policy. In its relations with other states, the
paramount consideration shall be national sovereignty, territorial integrity, national interest, and
the right to self-determination. (1987 Constitution, Art. 2, Sec. 7)

The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory. (1987 Constitution, Art. II, Sec. 8)
NOTE: This pertains to use of nuclear weapons and not nuclear source of energy.

Policies of the State on the following:

1. Working women – 1987 Constitution, Sec. 14, Art. XIII: "The State shall protect working women
by providing safe and healthful working conditions, taking into account their maternal functions,
and such facilities and opportunities that will enhance their welfare and enable them to realize
their full potential in the service of the nation."

2. Ecology – 1987 Constitution, Sec. 16, Art. II: “The State shall protect and advance the right of
the people and their posterity to a balanced and healthful ecology in accord with the rhythm and
harmony of nature."
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Leading Case in Sec. 16, Art.II. Oposa v Factoran

The Supreme Court ruled that they can, for themselves, for others of their generation, and for the
succeeding generation, file a class suit. Their personality to sue in behalf of succeeding generations
is based on the concept of intergenerational responsibility insofar as the right to a balanced and
healthful ecology is concerned. Such a right considers the “rhythm and harmony of nature” which
indispensably include, inter alia, the judicious disposition, utilization, management, renewal and
conservation of the country’s forest, mineral, land, waters, fisheries, wildlife, offshore areas and
other natural resources to the end that their exploration, development, and utilization be equitably
accessible to the present as well as the future generations.

Needless to say, every generation has a responsibility to the next to preserve that rhythm and
harmony for the full enjoyment of a balanced and healthful ecology. Put a little differently, the
minor’s assertion of their right to a sound environment constitutes at the same time, the
performance of their obligation to ensure the protection of that right for the generations to come.

3. The symbols of statehood – Flag of the Philippines. (1987 Constitution, Art. XVI, Sec. 1) Name of
the country, National Anthem, and National Seal. (1987 Constitution, Art. XVI, Sec. 2)

4. Cultural minorities – Recognition and Promotion of Rights of Indigenous Cultural Communities.

(1987
Constitution, Art. II, Sec. 22) (1994, 1996 Bar) Protection of Ancestral Lands of Indigenous
Communities. (1987 Constitution, Art. XII, Sec. 5) Application of Principles of Agrarian Reform
and Stewardship to Indigenous Communities and Landless Farmers. (1987 Constitution, Art. XIII,
Sec. 65) Preservation and Development of the Culture, Traditions, and Institutions of Indigenous
Communities. (1987 Constitution, Art. XIV, Sec. 17)

5. Science and technology – Priority to Education, Science and Technology, Arts, Culture, and
Sports.(1987 Constitution, Art. II, Sec. 17) (1992, 1994 Bar)
Mandate on educational institutions. [1987 Constitution, Art. XIV, Sec. 3(4)] Priority to research
and development, invention, innovation of science and technology. (1987
Constitution, Art. XIV, Sec. 10) Incentives, tax deductions, and scholarships to encourage private
participation in programs of basic and applied scientific research. (1987 Constitution,
Art. XIV, Sec. 11)
Encouragement of widest participation of private groups, local governments, and organizations in
the generation and utilization of science and technology.
(1987 Constitution, Art. XIV, Sec. 12)

Constitutional provision on transparency in matters of public concern (2000 Bar)

The 1987 Constitution provides for a policy of transparency in matters of public interest:
1. Policy of full public disclosure of government transactions. (1987 Constitution, Art. II, Sec. 28)
2. Right to information on matters of public concern. (1987 Constitution, Art. III, Sec. 7)
3. Access to the records and books of account of the Congress. (1987 Constitution, Art. VI, Sec. 20)
(2000
Bar)
4. Submission of Statement of Assets, Liabilities, and Net worth. (1987 Constitution, Art. XI, Sec.
17)
5. Access to information on foreign loans obtained or guaranteed by the government. (1987
Constitution,
Art. XII, Sec. 21)
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Doctrine of Incorporation vs. Doctrine of Transformation

Doctrine of Incorporation Doctrine of Transformation
Rules of International Law form part of the law Generally accepted rules of international law
of the land and no legislative action is required are not per se binding upon the State but must
to make them applicable in a country. Thus, the first be embodied in legislation enacted by the
Philippines is bound by lawmaking body and so transformed into
generally accepted principles of international municipal law.
law,
which are considered to be automatically part

Separation of Church and State Provisions of the Constitution that support the principle
of separation of Church and State:
1. Art. III, Sec. 5: “No law shall be made respecting an establishment of religion, or prohibiting the
free exercise thereof. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious test shall be required for the
exercise of civil or political rights.”
2. Art. VI, Sec. 5[2]: “The party-list representatives shall constitute twenty per centum of the total
number of representatives including those under the party list. For three consecutive terms after
the ratification of this Constitution, one-half of the 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 sections as may be provided by law, except the
religious sector.
3. Art. IX-CI, Sec. 2[5]: “Register, after sufficient publication, political parties, organizations, or
coalitions which, in addition to other requirements, must present their platform or program of
government; and accredit citizens' arms of the Commission on Elections. Religious denominations
and sects shall not be registered. Those which seek to achieve their goals through violence or
unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any
foreign government shall likewise be refused registration. Financial contributions from foreign
governments and their agencies to political parties, organizations, coalitions, or candidates related
to elections, constitute interference in national affairs, and, when accepted, shall be an additional
ground for the cancellation of their registration with the
Commission, in addition to other penalties that may be prescribed by law.”

XPNs to the principle are the following provisions of the Constitution:

1. Art. VI, Sec. 28[3]: “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 shall be exempt
from taxation.”
2. Art. VI, Sec. 29[2]: “No public money or property shall be appropriated, applied, paid, or
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.” (1992,
1997 Bar)
3. Art. XIV, Sec. 3[3]: “At the option expressed in writing by the parents or guardians, religion shall
be allowed to be taught to their children or wards in public elementary and high schools within the
regular class hours by instructors designated or approved by the religious authorities of the
religion to which the children or wards belong, without additional cost to the Government.”
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4. Art. XIV, Sec. 4[2]: “Educational institutions, other than those established by religious groups
and mission boards, shall be owned solely by citizens of the Philippines or corporations or
associations at least sixty per centum of the capital of which is owned by such citizens. The
Congress may, however, require increased Filipino equity participation in all educational
institutions.”

Powers vested in the three branches of government

Executive Legislative Judiciary
Implementation of laws Making of laws and power of Interpretation of laws (Power
(Power of thesword) the purse of
judicial review)

Principle of Checks and Balances

Allows one department to resist encroachments upon its prerogatives or to rectify mistakes or
excesses committed by the other departments.

The President may check the;

Legislative Judiciary
Through its veto power Through its power of pardon, it may set aside
the judgment of the judiciary.
- Also by power of appointment
– power to appoint members of the Judiciary.

The Congress may check the;

President Judiciary
Override the veto of the President Revoke or amend the decisions by either:
- Enacting a new law
Reject certain appointments made by the - Amending the old law, giving it certain
president definition and
Interpretation different from the old.
Revoke the proclamation of martial law or
suspension of Impeachment of SC members
the privilege of the writ of habeas corpus
Define, prescribe, apportion jurisdiction of
Impeachment lower courts:
- Prescribe the
Determine the salaries of the president or vice qualifications of lower court judges
president - Impeachment
- Determination of salaries of judges.

Classifications of government
1. As to the centralization of control
a. Unitary government – One in which the control of national and local, internal and external, affairs
is exercised by the central or national government;
b. Federal government – One in which the powers of the government are divided between two sets
of organs, one for national affairs and the other for local affairs, each organ being supreme within
its own sphere; consists of autonomous local government units merged into a single State, with the
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national government exercising a limited degree of power over the domestic affairs but generally
full discretion of the external affairs of the
State.

2. As to the existence or absence of title and/or control

a. De jure – Has a rightful title but no power or control, One that is established of a legitimate
sovereign.
b. De facto – Actually exercises power or control but without legal title (Lawyers League for a
Better Philippines v. Aquino, G.R. No. 73748, May
22, 1986).

LEGISLATIVE DEPARTMENT
The following may exercise legislative power
1. Congress
2. Regional/Local Government Units
3. The People through initiative and referendum. (2002 Bar)

Limitations on the legislative power of Congress

1. Substantive: limitations on the content of laws.
2. Procedural: limitations on the manner of passing laws.
3. Congress cannot pass irrepealable laws.
4. Congress, as a general rule, cannot delegate its legislative power.

Composition of Congress
The Philippine Congress is bicameral in nature, composed of:
1. Senate
2. House of Representatives
a. District representatives
b. Party-list representatives

Senate House of Representatives (HOR)

Senators (elected at large by qualified voters of
the Philippines as may be provided by law)
Requirements:
1. Natural-born citizen of the Philippines;
2. At least 35 years of age on the day of
election;
3. Able to read and write;
4. A registered voter;
5. Resident of the Philippines for not less than
2 years
immediately preceding the day of election.
Not more than 250 members, unless otherwise
provided by law
NOTE: Congress itself may by law increase the
composition of the HoR
1. Natural-born citizen of the Philippines;
2. Except youth party-list representatives, at
least 25 years of age on the day of election;
3. Able to read and write;
4. Except the party-list representatives, a
registered voter in the district in which he shall
be elected;
5. Resident thereof for a period of not less than
1 year immediately preceding the day of the
election.

Term
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6 years which shall commence, unless
otherwise provided by law, at noon on the 30th
day of June next following their election.
Term limit: Not more than 2 consecutive
terms.
Disqualifications:
No Senator shall serve for more than two (2)
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 (Art. VI,
Sec. 4).
One who has been sentenced by final
judgment for:
(SIR-18-M)
a. Subversion;
b. Insurrection;
c. Rebellion;
d. Any offense for which he has been sentenced
to a
penalty of not more than 18 months; or
e. A crime involving Moral turpitude, unless
given plenary pardon o granted amnesty (BP
881, Sec. 12).
3 years, which shall begin, unless otherwise
provided by law, at noon on the 30th day of
June next following their election.
Term limit: Not more than 3 consecutive
terms.
Shall not serve for more than three (3)
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 (Art. VI,
Sec. 7).
(2001 Bar)
One who has been sentenced by final
judgment for:
(SIR-18-M)
a. Subversion;
b. Insurrection;
c. Rebellion;
d. Any offense for which he has been sentenced
to a
penalty of not more than 18 months; or
e. A crime involving Moral turpitude, unless
given plenary pardon o granted amnesty (BP
881, Sec. 12).

Rule on voluntary renunciation of office

Voluntary renunciation of office for any length of time shall not be considered as an interruption in
the continuity of his service for the full term for which he was elected. (1987 Constitution, Art. VI,
Secs. 4 and 7)

Composition of the HoR (2002, 2007 Bar)

District Representatives Party List

As to who will vote
Elected by the constituents of his respective Elected nationally (those garnering at least 2%
district. of all votes cast for the party-list system are
entitled to 1 seat, which is increased according
to proportional representation, but is in no
way to exceed 3 seats per organization.)
Residency requirement
Must be a resident of his legislative district for No special residency requirement.
at least 1 year immediately before the election.
Name in the ballot
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Elected personally, by name. Voted upon by party or organization.

Effect of change in party affiliation
Does not lose seat Loses his seat, in which case he will be
substituted by another qualified person in the
party or organization based on the list
submitted to the COMELEC.
Effect of defeat in the election
A district representative is not prevented from A party-list representative cannot sit if he ran
running again as a district representative if he and lost in the previous election.
lost in the previous election.

District representatives
Those who are elected from legislative districts apportioned among the provinces, cities and the
Metropolitan Manila area.

Apportionment of legislative districts

Legislative districts are apportioned among the provinces, cities, and the Metropolitan Manila area.
They are apportioned in accordance with the number of their respect inhabitants and on the basis
of a uniform and progressive ratio. (1987 Constitution, Art. VI, Sec. 5)
Each city with a population of at least 250,000 shall have at least one representative. Each
province shall have at least one representative.

While Sec. 5(3) of Art. VI requires a city to have a minimum population of 250,000 to be entitled to
one representative; it does not have to increase its population by another 250,000 to be entitled to
an additional district. (Senator Aquino III v. COMELEC, G.R. No. 189793, April 7, 2010)

Gerrymandering (2014 Bar)

Formation of one legislative district out of separate territories for the purpose of favoring a
candidate or a party. It is not allowed because the Constitution provides that each district shall
comprise, as far as practicable, contiguous, compact and adjacent territory.

Party-list system
Mechanism of proportional representation in the election of representatives to the HoR from
national, regional and sectoral parties or organizations or coalitions thereof registered with the
COMELEC.

NOTE: Party-list representatives shall constitute 20% of the total number of representatives in the
HoR including those under the party list. (1987 Constitution, Art. VI, Sec. 5, par. 2) (2007 Bar)

Purpose of the party-list system

1. To make the marginalized and the underrepresented not merely passive recipients of the
State’s benevolence, but active participants in the mainstream of representative democracy.
(Ang Bagong Bayani v. COMELEC, G.R. No. 147589, June 26, 2001)

2. To democratize political power by giving political parties that cannot win in legislative
district elections a chance to win seats in the HoR. (Atong Paglaum v. COMELEC, G.R.
203766, April 2, 2013)
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Different parties under the party-list system

No votes cast in favor of political party, organization or coalition shall be valid except for those
registered under the party-list system.
1. Political party– Organized group of citizens advocating ideology or platform, principles and
policies for the general conduct of government and which, as the most immediate means of
securing their adoption, regularly nominates and supports certain of its leaders and members as
candidate in public office. (Ang Bagong Bayani v. COMELEC and Bayan Muna v. COMELEC,
G.R. Nos. 147589 and 147613, June 26, 2001, June 26, 2001)
2.National party – Its constituency is spread over the geographical territory of at least a majority of
regions.
3. Regional party – Its constituency is spread over the geographical territory of at least a majority
of the cities and provinces comprising the region.
4. Sectoral party – Organized group of citizens belonging to any of the following sectors: labor,
peasant, fisherfolk, urban poor, indigenous, cultural communities, elderly, handicapped, women,
youth, veterans, overseas workers and professionals, whose principal advocacy pertains to the
special interest and concerns of their sectors.
5. Sectoral Organization – Refers to a group of citizens who share similar physical attributes or
characteristics, employment, interest or concerns.
6. Coalition – Refers to an aggregation of duly registered national, regional, sectoral parties or
organizations for political and/or election purposes.

Qualifications of a party-list nominee

1. Natural- born citizen of the Philippines;
2. Registered voter;
3. Resident of the Philippines for at least 1 year immediately preceding the day of the election;
4. Able to read and write;
5. Bona fide member of the party or organization which he seeks to represent at least 90 days
preceding election day; and
6. At least 25 years of age. (For youth sector nominees, at least 25 years and not more than 30 years
of age)

LEGISLATIVE PRIVILEGES, INHIBITIONS AND DISQUALIFICATIONS

Immunity From Arrest

Grants the legislators the privilege from arrest while Congress is “in session” with respect to
offenses punishable by NOT more than 6 years of imprisonment. (1987 Constitution, Art. VI,
Sec. 11), whether or not he is attending the session. (People v. Jalosjos, G.R. Nos. 132875-76,
Feb. 3, 2000)

Purpose of Parliamentary Immunities

It is not for the benefit of the officials; rather, it is to protect and support the rights of the people by
ensuring that their representatives are doing their jobs according to the dictates of their conscience
and to ensure the attendance of Congressman.

Requirements for the privilege of speech and debate or immunity to operate

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1. Remarks or comments are made while in session; and

2. Must be made in connection with the discharge of official duties

Prohibitions attached to a legislator during his term

Incompatible office Forbidden office
1st sentence of Sec. 13, Art.VI 2nd sentence of Sec. 13, Art. VI
May not hold any other office or employment Cannot be appointed to any office which have
in the Government, during his term without been created, or the emoluments thereof
forfeiting his seat increased during the
term for which he was elected
NOTE: After such term, and even if he is re-
elected, the
disqualification no longer applies and he may
therefore be appointed to the office
Automatically forfeits seat upon the member’s Even if he is willing to forfeit his seat, he may
assumption of such other office not be
appointed to said office
XPN: holds other office inex-officio capacity Purpose: to prevent trafficking in public
office.
More of an inhibition More of a prohibition

Rule on increase in salaries of members of Congress

Increase in the salaries shall take effect after the expiration of the full term of all the members of the
Senate and the House of Representatives approving such increase. (1987 Constitution, Art. VI, Sec.
10)

Quorum
Such number which enables a body to transact itsbusiness and gives such body the power to pass a
law or ordinance or any valid act that is binding.
NOTE: In computing quorum, members who are outside the country and, thus, outside of each
House’s jurisdiction are not included. The basis for determining the existence of a quorum in the
Senate shall be the total number of Senators who are within the coercive

Legislative powers of Congress

1. General plenary power (Art. VI, Sec. 1)
2. Specific power of appropriation
3. Taxation and expropriation
4. Legislative investigation
5. Question hour

Instances when a bill becomes a law (1991, 1993, 1996 Bar)

1. Approved and signed by the President
2. Presidential veto overridden by 2/3 vote of all members of both Houses
3. Failure of the President to veto the bill and to return it with his objections to the House where it
originated, within 30 days after the date of receipt.
Atty. JRS Umadhay’s Political Law reviewer
“Strictly for Tanon College students only and Not to be distributed”

Legislative Inquiries/Inquiries In Aid Of Legislation

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. (1987 Constitution, Art. VI,
Sec. 21)

Limitations on legislative investigation

1. The persons appearing in or affected by such legislative inquiries shall be respected.
2. The Rules of procedures to be followed in such inquiries shall be published for the guidance of
those who will be summoned. This must be strictly followed so that the inquiries are confined only
to the legislative purpose and to avoid abuses.
3. The investigation must be in aid of legislation.
4. Congress may not summon the President as witness or investigate the latter in view of the
doctrine of separation of powers except in impeachment cases.

Question Hour
Where 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 HoR at least 3 days before their scheduled appearance. Interpellations
shall not be limited to written questions, but it 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. (1987 Constitution, Art. VI, Sec. 22)

Power of appropriation
The spending power, also called the “power of the purse”, belongs to Congress, subject only to the
veto power of the President. It carries with it the power to specify the project or activity to be funded
under the appropriation law.