Bondoc v.

Pineda
• HRET must be independent. Its jurisdiction is not shared with
Section 17: The Senate and the House of Representatives shall each have an legislature/court.
Electoral Tribunal, which shall be the sole judge of all contests relating to the • Must be devoid of partisan considerations.
election, returns, and qualifications of their respective Members. Each Electoral
Tribunal shall be composed of nine Members, three of whom shall be Justices of COMELEC IS THE ONE DECIDES WHO WINS IN AN ELECTION
the Supreme Court to be designated by the Chief Justice, and the remaining six Codilla v. De Venecia
shall be Members of the Senate or the House of Representatives, as the case may • A person holding office in the House must yield his/her seat to the
person declared by the COMELEC to be the winner.
be, who shall be chosen on the basis of proportional representation from the
• The speaker is bound to administer the oath.
political parties and the parties or organizations registered under the party-list
system represented therein. The senior Justice in the Electoral Tribunal shall be
EXCLUSIVE POWER OF HRET
its Chairman. Angara v. Elec. Comm
• What was trasnsferred was the power to be the sole judge of all contests.
• Court has jurisdiction over the Electoral Commission.
COMPOSITION Vera v. Avelino
• 9 members
• Power to defer oath-taking does not belong to the tribunal. Such power
o 3 Justices of SC | 6 Members of the Senate/HR.
is lodged in either Senate/House.
• Chosen based on proportional representation from political parties.
• Senior Justice in electoral tribunal shall be its chairman. • Senate may inquire to the qualifications of its members.
• Reason for Composition: respect for parliamentary sovereignty and legal o CARPIO: Point of reckoning: valid proclamation.
impartial decisions. ▪ If the partylist nomnated someone who is not
qualified=HRET jurisdiction.
FUNCTION OF ELECTORAL TRIBUNAL
COMPOSITION OF THE HRET
• “Sole judge of all contests”
Abbas v. Senate Electoral Tribunal
o Relates only to statutory contests in which the contestant seeks
not only to oust but also substitute for him. • Every member of the tribunal may refrain from participating in a
• Legislative body may inquire/challenge the qualification of another resolution of a case
but the jurisdiction would fall to the legislative body itself. • The SET cannot function as such without the membership of the entire
• “judge of all qualifications” Senators/what was left was 3 justices.
o The Legislature cannot add to the qualifications
disqualifications precribed by the Constitution. JURISDICTION OF HRET
Reyes v. COMELEC
PRE-PROCLAMATION CONTROVERSY • Jurisdiction of the HRET only begins when the candidate is considered
• Should be summarily decided. as a member of the House.
• Incomplete returns, returns with material defects, tampered returns, o Valid proclamation
falsified or prepared under duress/containing discrepancies. o Proper oath made before the Speaker in an open session.
• Anything outside of this should be brought to the Electoral Tribunal. o Assumption of office.
Guerrero v. COMELEC
INDEPENDENCE OF THE TRIBUNAL
• Once a candidate has satisfied the three requirement, COMELEC cases to
• Tribunals are NOT A PART of Congress. | Not under their supervision
have jurisdiction.
• They can create their own rules.
• Independent of COMELEC.
• Decisions are not subject to appel to SC unless there has been GAD.

Section 18: There shall be a Commission on Appointments consisting of the
President of the Senate, as ex officio Chairman, twelve Senators and twelve
Members of the House of Representatives, elected by each House on the basis of
proportional representation from the political parties and parties or
organizations registered under the party-list system represented therein. The
Chairman of the Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it within thirty session
days of the Congress from their submission. The Commission shall rule by a
majority vote of all the Members.
COMPOSITION OF THE COA
• 25 members
o Senate President as ex oficio chairman
▪ Won’t vote except in cases of tie
o 12 Senators
o 12 Congressmen
• To be elected by each House on the basis of a proportional
representation of political parties and parties.
Coseteng v. Mitra Jr.
• To be entitled to a seat, the party must attain a certain number of
members in order to comply with the requirement of proportional
representation.
Guingona v. Gonzales
• Rounding off is unconstitutional.- disregard the decimal.
• Full complement of 12 was not mandatory.
PERIODIC REORGANIZATION TO REFLECT CHANGES
Daza v. Singson
• The House has the authority to change its represenation in COA to
reflect at any time the changes that may transpire in the politival
alignments of its memberships.
o Changes must be permanent.
o Must not include temporary allegiances/factional divisions.
TIME FRAME AND VOTING REQUIREMENTS
• Must act within 30 days
• Required number of votes: Majority of all members.
INDEPENDENCE OF THE COA
• The Commission is independent of Congress.
• Power emanates from the Constitution.
• Functions are purely executive in nature.
• It can promulgate its own rules and SC cannot question this.
FUNCTIONS OF THE COA
• Confirm nominations/appointments submitted to it by the President.
o Ad interim appointments: Appointees of the president while
Congress is not in session.
o If already rejected, person cannot be appointed again.
o If by-passed, can be appointed again.
• Administrative check on the appointing power.
Section 19: The Electoral Tribunals and the Commission on Appointments shall
be constituted within thirty days after the Senate and the House of
Representatives shall have been organized with the election of the President
and the Speaker. The Commission on Appointments shall meet only while the
Congress is in session, at the call of its Chairman or a majority of all its
Members, to discharge such powers and functions as are herein conferred upon
it.
CONSTITUTING THE ELECTORAL TRIBUNALS AND COA
• Within 30 days after the election of the Senate President and Speaker of
the House.
• COA may only meet while the Congress is in session
o At the call of its chairman
o Majority of members.
Section 20: The records and books of accounts of the Congress shall be preserved
and be open to the public in accordance with law, and such books shall be audited
by the Commission on Audit which shall publish annually an itemized list of
amounts paid to and expenses incurred for each Member.
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.
IN AID OF LEGISLATION
Arnault v. Nazareno
• The power of inquiry with process to enforce it is an essential and
appropriate auxiliary to the legislative function.
o Information must be
1. In aid of legislation
• Bengzon v. Senate Blue Ribbon- Speech of
Senator Enrile contained no suggestion of
contemplated legislation.
2. In accordance with duly published rules
• Osmena v. Pendatun- When rights of a
witness is involved, the Congress and its
committees must follow the rules.
3. Rights of persons appearing in or affected shall be
respected.
• Neri v. Senate- No publication of rules.
Publication gives the notice that is required
for due process since it affects rights of non-
members.
o Senate is not a continuing body: Rules
of Procedures must be republished
after every expiry of term of 12
Senators.
• Garcillano v. Senate- Absence of
amendments is not an excuse for non-
publication of rules.
o Internet is not a medium for
publication.
▪ DETERMINATION OF QUESTION: direct relation to
the subject inquiry and not by its indirect relation to
any proposed legislation/possible legislation.
Standard Chartered Bank v. Senate | Sabio v. Gordon
• Power of investigation is available not just to the Congress but to any of
its committees.
• Limitation: “in aid of legislation” on subjects pertaining to their
particular committees.
• Measure of pertinence: question’s relation not to a specific legislation
but to the general subject of inquiry.
• Power to punish recalcitrant witnesses and to compel their attendance.
LIMITATIONS
• Roving commissions and Exposure for the sake of exposure
• CONTEMPT
o When the legislative body ceases to exist upon final
adjournment.
SUB-JUDICE v. INQUIRIES IN AID OF LEGISLATION
Romero v. Estrada
• On-going judicial proceedings do not preclude congressional hearings in
aid of legislation.
• SUB-JUDICE: restricts comments/discoveries pertaining to judicial
proceedings to avoid prejudging the issue/influence the court.
o “before a court/judge for consideration’
• INQUIRIES IN AID OF LEGISLATION: need to improve existing laws
• JUDICIAL INQUIRIES: settle actual controversies.
NON-INTERFERENCE OF THE COURT
Senate Blue Ribbon v. Judge Majducom
• Judges cannot interfere with the Congress.
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.
CONGRESS AND THE EXECUTIVE.
• Permissive in nature
o Department heads could appear but the legislature is not
obliged to entertain them
o Legislature can request their attendances but could not obliged
them especially if the President objected.
Neri v. Senate
• Congress cannot compel the appearance of executive officials under Sec.
22
o Sec 21: in aid of legislation; elicit information for legislation
o Sec 22: oversight functions: Congress may only request
• PROTECTED INFORMATION
o Relate to a quintessential and non-delegable presidential power
o Anchored/solicited by a close advisor
o May be overcome by showing of adequate need.
WHO MAY BE SUMMONED? DECLARATION OF STATE OF EMERGENCY
Senate v Ermita Ampatuan v. Puno:
• Deparment heads may be summoned by virtue of Sec. 22 and the • Maguindanao Massacre
oversight function of the Congress. • Deployment is not by itself an exercise of emergency powers.
• A court may not prevent the witness from appearing in such hearing. • President did not declare national emergency but only a state of
emergency.

Section 23: (1) The Congress, by a vote of two-thirds of both Houses in joint
session assembled, voting separately, shall have the sole power to declare
the existence of a state of war.
(2) In times of war or other national emergency, the Congress may, by law,
authorize the President, for a limited period and subject to such restrictions as
it may prescribe, to exercise powers necessary and proper to carry out a declared
national policy. Unless sooner withdrawn by resolution of the Congress, such
powers shall cease upon the next adjournment thereof.
POWER TO DECLARETHE EXISTENCE OF WAR
• 2/3 in joint session, voting separately.
• Actual power to make war: president
• The executive may make war even without declaration of war.
DELEGATION OF EMERGENCY POWERS
• “power to promulgate rules and regulations”
o Power to execute the law.
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.
BILLS THAT MUST ORIGINATE FROM THE HOUSE
• Appropriation bills: set aside a sum of money for public use.
• Revenue/tariff bills: strictly for raising revenue
• Bills of local application: limited to specific localities.
• Private bills: affect private person
REASON
• District reps are closer to the pulse of the people.
SENATE MAY INTRODUCE A SUBSTITUTE BILL
Tolentino v. Secretary of Finance
• While the bill must originate in the House, the Senate may introduce a
substitute bill.

LIMITATIONS ON EMERGENCY POWERS

• 1. Limited period/next adjournment of Congress.
o May be withdrawn by resolution.
• 2. Subject to restrictions the Congress may provide.

DECLARATION OF STATE OF REBELLION

Sanlakas v. Ermita
• President’s authority to declare a state of rebellion springs in her
executive powers and draws strength from her commander-in-chief
powers.
• Stewardship theory: President as the steward/protector of the people.
• Graduated powers: 1) calling out; 2) suspension of the writ of habeas; 3)
martial law.

Section 25: (1) The Congress may not increase the appropriations
recommended by the President for the operation of the Government as specified
in the budget. The form, content, and manner of preparation of the budget shall be
prescribed by law.
(2) No provision or enactment shall be embraced in the general
appropriations bill unless it relates specifically to some particular
appropriation therein. Any such provision or enactment shall be limited in its
operation to the appropriation to which it relates.
(3) The procedure in approving appropriations for the Congress shall strictly
follow the procedure for approving appropriations for other departments and
agencies.
(4) A special appropriations bill shall specify the purpose for which it is
intended, and shall be supported by funds actually available as certified by the
National Treasurer, or to be raised by a corresponding revenue proposed therein.
(5) No law shall be passed authorizing any transfer of appropriations; however,
the President, the President of the Senate, the Speaker of the House of
Representatives, the Chief Justice of the Supreme Court, and the heads of
Constitutional Commissions may, by law, be authorized to augment any item
in the general appropriations law for their respective offices from savings in
other items of their respective appropriations.
(6) Discretionary funds appropriated for particular officials shall be
disbursed only for public purposes to be supported by appropriate vouchers
and subject to such guidelines as may be prescribed by law
(7) If, by the end of any fiscal year, the Congress shall have failed to pass the
general appropriations bill for the ensuing fiscal year, the general
appropriations law for the preceding fiscal year shall be deemed reenacted
and shall remain in force and effect until the general appropriations bill is passed
by the Congress.
LIMITS ON POWER TO APPROPRIATE
1. All appropriation, revenue, tariff, bills authorizing increase of the public
debt, bills of local application must originate exclusively in the House of
Representatives but the Senate may propose/concur with amendments.
2. The Congress may not increase the appropriations recommended by the
President for the operation of the Governmnt as specified in the budget.
3. Provisions must be related to some particular item of appropriation and
shall be limited in its operation to the appropriation item.
4. Congress may not adopt a procedure for approving appropriations for
itself different from the procedure for other appropriations.
5. Special appropriation bills must specify the purpose which they are
intended and must be supported by funds as cerified by National
Treasurer. If funds are unavailable, a special appropration bill must
provide for a corresponding proposal.
6. Limited discretion to authorize transfer of funds.
7. Discretionary funds shall be disbursed for public purposes only to be
supported by appropriate vouchers.
8. Cannot cripple the operation of governmnt by its failure/refusal to pass
a GAA.
9. Prohibits the expenditure of public money for religious purposes.
10. General appropriations law must be based on a budget prepared by the
President.
PROHIBITION OF RIDERS
• Riders= provisions unrelated to the appropriation bill.
TRANSFER OF FUNDS
• President, Senate President, Speaker, Chief Justice, Heads of Con. Comm
• List is exclusive
TEST OF CONSTITUTIONALITY: promotion of public interest.
Garcia v Mata
• Non-appropriation item inserted in appropriation measure is invalid.
Belgica v. Ochoa
• Only the executive may implement the law.
• PDAF: It is the legislators who dictate as to which projects their PDAF
funds should be allocated to.
• Congressional oversight: Liited to monitoring: w/n law is being
implemented properly; not to introduce new features.
• UNCONSTITUTIONAL: single lump-sum as a source for multiple
purposes.
Demetria v. Alba
• Purpose of augmenting an item Section 27: (1)Every bill passed by the Congress shall, before it becomes a law, be
• Existence of savings presented to the President. If he approves the same, he shall sign it; otherwise,
Sanchez v. COA he shall veto it and return the same with his objections to the House where
• List of who can augment is exclusive. it originated, which shall enter the objections at large in its Journal and
• No savings/No item to be augmented. proceed to reconsider it. If, after such reconsideration, two-thirds of all the
Araullo v Aquino Members of such House shall agree to pass the bill, it shall be sent, together
• List of who can augment is exclusive. with the objections, to the other House by which it shall likewise be reconsidered,
• No cross-border trasnfers/augmentations may be allowed. and if approved by two-thirds of all the Members of that House, it shall become a
• “within their respective offices” – realignment of funds to an existing law. In all such cases, the votes of each House shall be determined by yeas or
project in the GAA. nays, and the names of the Members voting for or against shall be entered in
• Existence of savings- SAVINGS SHOULD BE ACTUAL. its Journal. The President shall communicate his veto of any bill to the House
o Excess in funding where it originated within thirty days after the date of receipt thereof;
o Discontinued
otherwise, it shall become a law as if he had signed it.
o Abandoned.

(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
Section 26: (1) Every bill passed by the Congress shall embrace only one subject items to which he does not object.
which shall be expressed in the title thereof.

(2) No bill passed by either House shall become a law unless it has passed three PASSING OF BILLS
readings on separate days, and printed copies thereof in its final form have • Must be approved by both Houses of Congress by positive act
• Must be approved by the President [act/inaction]
been distributed to its Members three days before its passage, except when the
o Veto= provision, entire bill
President certifies to the necessity of its immediate enactment to meet a
▪ Exception: ART bills.
public calamity or emergency. Upon the last reading of a bill, no amendment
• Item= subject of tax rates.
thereto shall be allowed, and the vote thereon shall be taken immediately o Overturn: 2/3 of both houses voting separately.
thereafter, and the yeas and nays entered in the Journal.. o Time frame: 30 days; otherwise it shall become a law.
• Adequate publication.

ONE TITLE-ONE SUBJECT RULE CONFERENCE COMMITTEES

• Purposes • Function: propose ways of reconciling conflicting provisions in HB/SB.
o Prevent hodge-podge/log-rolling legislation • Delegated authority: must not perform what the Congress can’t do.
o Prevent surprise/fraud ABAKADA v. ERMITA
o Sufficient appraisal • Role of the bicameral conference committee is to settle differences and
• Sufficient that the title expresses the general subject and all provisions or disagreements bet. Senate and house bill.
germane to that subject. o Adopt specific portions
o Ignore provisions and create a new one.
THREE READING REQUIREMENT o Compromise
• May be dispensed upon certification of necessity by the President.
o Three readings on three separate days
o Printed in final form and distributed 3 days before 3rd reading.
DOCTRINE OF INAPPROPRIATE PROVISIONS
PHILCONAS v. ENRIQUEZ
• Provision that is constitutionally inappropriate for an appropriation bill
may be singled out for veto even if it is not an appropriation/revenue
item.
o Does not relate to any item
o Extends beyond the ierm of appropriation
o Unconstitutional provisions
o Provisions which amend other laws.
INAPPROPRIATE CONDITIONS
GONZALES v. MACARAIG JR.
• Congress has the power to include qualifications, limitations, conditions.
• Executive is not allowed to veto a condition while allowing the
appropriation to stand.
Section 28: (1) The rule of taxation shall be uniform and equitable. The
Congress shall evolve a progressive system of taxation.
(2) The Congress may, by law, authorize the President to fix within specified
limits, and subject to such limitations and restrictions as it may impose, tariff
rates, import and export quotas, tonnage and wharfage dues, and other duties
or imposts within the framework of the national development program of the
Government.
(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.
(4) No law granting any tax exemption shall be passed without the
concurrence of a majority of all the Members of the Congress.
POWER TO TAX
• Inherent power of the government.
• Extent: as broad as the purpose for which it was given.
• Purpose is to raise revenues.
LIMITATIONS TO POWER TO TAX
1. Should be exercised for public purpose.
2. May be delegated to the President subject to conditions by Congress.
a. GARCIA v. ES: President may increase tariff rates when
authorized by Congress.
3. Must be uniform and equitable.
a. Standards are substantial and not arbitrary
b. Categorization is germane to achieve leg. Purpose.
c. Applies to both the present and future conditions.
d. Applies to all members
4. Progressive- system of taxation
TAX EXEMPTIONS
• Need: qualified majority of all members to pass tax exemptions.
STATE’S POWER OF TAXATION v. POLICE POWER
GEROCHI v. DOE
• POWER TO TAX: lifeblood of the government and emanates from
necessity
• POLICE POWER: Power of state to promote public welfare by
restraining/regulating use of liberty and property.
• Taxing power may be used as an implement of police power.
EXCEPTIONS FROM TAX DOES NOT APPLY TO INCOME.
CIR v. CTA
• Income from any property or any exempted organizations as well as
arising from any activity it conducts is taxable.
• Requisite for exception: 1) non-stock and non-profit educational ins |
income is directly, actually and exclusively used for education purposes.
TEST OF APPLICABILITY OF EXCEPTION: Actual, direct and exclusive use
ABRA VALLEY v AQUINO
• Use of property for purposes mentioned in the Constitution.
LUNG CENTER v. QC
• Portions of real property that are leased to private entities are not
exempt from real property taxes.
o Charitable institutions
o Real properties are actually, directly and exclusively used for
such purpose.
CIR v. ST.LUKES
• Income of whatever kind is subjected to tax.
• Charitable instituions are not ipso facto exempted from taxes: specified
by law granting it.
CIR v. DLSU
• Leased portions to bookstores and cafeterias are subject to tax.
NO EXPRESS EXTENSION OF BENEFITS IS ALLOWED
JOHN HAY v. LIM
• Grant of tax immunity is limited to Subic Economic Zone.
• Needs concurence of majority of all members of Congress.
Section 29: 1) No money shall be paid out of the Treasury except in pursuance
of an appropriation made by law.
(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.
(3) All money collected on any tax levied for a special purpose shall be
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.
FISCAL POWER OF CONGRESS
• Wields the power of the purse.
o Power to generate
o Power to spend.
• After the Congress has made the appropriation, it is the executive that
actually spends the fund.
AUTOMATIC APPROPRIATIONS
GUINGONA v. CARAGUE
• An appropriation may be made:
o Impliedly: past but subsisting legislation
o Expressly: enactment by law by present Congress
SPECIAL FUNDS
PCGG v. COCOFED
• Tax proceeds may only be used for a public purpose.
• Special funds must be paid out for the purpose it was created.
• An entity, public or private, which hods tax money has no authority to
disburse it/pay it to anyone.
• Power to dispose: legislature.
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 OF THE SUPREME COURT
FABIAN v. DESIERTO
• Sec 27 of RA 6770 which increased the appellate jurisdiction of the SC is
invalid.
• Constitution> statutes.
FIRST LEPANTO
• Article 6, Sec 30 is a measure of control to protect the SC from getting
swamped with petitions which may be cognizable by lower courts.
Section 31: No law granting a title of royalty or nobility shall be enacted.
RATIONALE: cornerstone of Republican government.
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 therefor signed by at least ten per centum of the
total number of registered voters, of which every legislative district must be
represented by at least three per centum of the registered voters thereof.
INITIATIVE AND REFERENDUM
SANTIAGO v. COMELEC
• Without implementing legislation, Sec 2 of Art. 17 cannot operate.
LAMBINO v. COMELEC
• They are proposing revisions not amendments. Against logrolling rule
that a proposed amendment should only contain one issue.