ARTICLE 6: LEGISLATIVE DEPARTMENT

The Legislative Branch

From the Latin lex, legis meaning law broadly deals with:
1. making
2. deliberation over enactment
3. amendment
4. repealing of laws
The Philippine Congress (Art. VI, Sec. 1)
The Philippine Congress is the country’s legislative department
Congress is bicameral
Upper House: Senate
Lower House: House of Representatives
Senators and Representatives
When we say Congress, we refer to both houses of the legislative branch of government in the
Philippines. - Congressmen in the Upper House are called Senators - Congressmen in the
Lower House are called Representatives Both Congressmen
Definition of Legislative Power: The authority to make laws and to alter or repeal them.
Sections 2-4. SENATE , Composition & Qualification
24 senators who shall be elected at large by the qualified voters of the Philippines, as may be
provided by law.
1. Natural-born citizen;
2. At least 35 years old on the day of election;
3. Able to read and write;
4. A registered voter; and
5. Philippine resident for at least 2 years immediately preceding the day of the election.
Term of Office:
6 years, commencing (unless otherwise provided by law) at noon, 30 June next following their
election.
Maximum: 2 terms Term Limitations:
No Senator shall serve for more than 2 consecutive terms.
 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.

In Case of Vacancy
Vacancy can be filled through regular election
Special elections can be called for the purpose of filling the vacancy
In either circumstance, the one elected merely sits for the unexpired term
Structure and Dynamics
Senate President and House Speaker elected by majority vote
Other officers, procedures and the discipline of its members is at the discretion of each house
Quorum: Majority
Each House maintains a journal and record of proceedings
Neither House can adjourn without the other’s consent while in session
Sections 5-7. HOUSE OF REPRESENTATIVES Composition:
Not more than 25 members, unless otherwise fixed by law; and
Party-list Representative
Election of 250 members Qualifications
Natural born citizen of the Philippines;
At least 25 years old on the day of the election;
Able to read and write;
Registered voter in the district he seeks to represent; and
A resident of such district for at least one year immediately preceding the day of the election.
TERM of OFFICE and Term Limitations
Each member of the House shall be elected for a term of three (3) years which shall
commence (unless otherwise provided for by law) at noon on 30 June next following their
election.
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.
LIMITATION: No member of the House of Representatives shall serve for more than three (3)
consecutive terms.
Privileges Congressmen have two parliamentary privileges while Congress is in session:
1. Privilege from arrest
Immunity from offenses punishable by not more than six years imprisonment
2. Privilege of speech and debate
Immunity from libel and slander
Powers of Congress
1. Appointment of Public Officials
2. Legislative inquiry and investigation
3. Declare the existence of a state of war
4. Ratify the country’s international treaties (Senate)
5. Authorize limited emergency powers for the President
6. Approve the government budget
7. Undertake projects under the CDF
8. Propose, review, and adopt bills for enactment into law
9. Overturn a Presidential veto with respect to proposed legislation
10. Allow for referenda
11. Propose amendments to the constitution and call for a constitutional convention
Legislative Limitations Congress may not:
1. Increase appropriations recommended by the executive branch
2. Pass tax exemptions without the concurrence of a majority of its members
3. Grant titles of nobility
4. Pass ex post facto bills ("from after the action" or "after the facts") is a law that retroactively
changes )
5. Pass bills of attainder (bill of pains and penalties) is an act of a legislature declaring a person
or group of persons guilty of some crime and punishing them without a trial)
SECTION 25.1 The Congress may not increase the appropriations recommended by the
President for the appropriation of the Government as specified in the budget. The form, content,
and manner of preparation of budget shall be prescribed by law.
What is a BUDGET? It is the financial year program of the national government for a designated
calendar year.
Submission of proposed budget by the President, pursuant to Art. VII Sec. 22, is intended as a
guide for the budget to follow.
Increase of appropriation recommended by the President
1. For the executive department- Congress may not increase the appropriation.
2. For legislative; judicial departments and congressional bodies- Neither can Congress
increase its outlay. Judiciary’s may not be reduced.
SECTION 25.2 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.
A Rider is a provision or enactment inserted in the general appropriations bill which does not
relate to some particular appropriations therein.
SECTION 25.3 The procedure in approving appropriations for the Congress shall strictly follow
the procedure for approving appropriations for other departments and agencies.
This provides a safeguard against the abuse or misuse by Congress of its power to appropriate.
SECTION 25.4 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 proposal therein.
Requirements with respect to special appropriations bill
The Constitution requires that: 1. It should specify the purpose for which it is intended. 2. It
should be supported by funds actually available as certified to by the National Treasurer.
Requirement to insure a balanced budget: The Constitution requires that the level of
expenditures must be within the level of the revenues.
SECTION 25.5 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 the Constitutional Commisions may…
SECTION 25.6 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.
When is the appropriation for discretionary funds is allowed? When it is not possible to
determine beforehand when the expenditures have to be made, exact amounts needed, and the
specific use thereof.
Conditions for discretionary funds: 1. The disbursement must be only for public purposes; 2. It
must be supported by appropriate vouchers; and 3. It must be subject to such guidelines as may
be prescribed by law.
SECTION 25.7 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
preceeding fiscal year shall be deemed reenacted and shall remain in force and effect until the
general appropriations bill is passed by the Congress.
Fiscal Year- is the period beginning with the 31st day of January and ending with the 31st day of
December of each calendar year.
SECTION 26.1 Every bill passed by the Congress shall embrace only one subject which shall
be expressed in the title thereof.
Purposes of constitutional requirement: 1. To prevent hodge-podge or log-rolling legislation. 2.
To prevent surprise or fraud upon the legislature. 3. To inform the people, through such
publications.
What is hodge-podge or log-rolling legislation? Refers to any legislation that have several
subjects on unrelated matters combined together.
24. The constitutional provision prohibits the passage of two classes of bills: 1. A bill containing
riders (Section 25.2) 2. A bill which embodies different subjects.
25. Exceptions to the requirement: 1. Local ordinances as they do not partake of the nature of
laws. 2. Proper codifications and revisions of statutes.
26. SECTION 26.2 No bill passed by either House shall become a law unless it has passed
three readings on separate days, and printed copies thereof in its final form have been
distributed to its members three days before its passage, except when the President certifies to
the necessity of its immediate enactment…
27. Purpose of three readings of bill: 1. To prevent hasty and improvident legislation and the
railroading of bills. 2. To compel the careful examination of proposed law.
28. Purpose of yeas and nays in the journal: 1. To fix upon each member the responsibility for
his action in legislation. 2. To furnish conclusive evidence whether the bill has been passed by
the requisite majority or not.
29. Steps in the passage of a bill
30. First Reading- scheduling; inclusions of other authors. Referral to appropriate committee-
Conducts hearing and consultation; forwarded to Committee on Rules. Second Reading- Read
with its amendments. Debates- Amendments of any members of Congress; pass or kill the bill.
Printing and distribution-Printed in final form and distributed 3 days before its passage.
31. Third Reading- Nominal voting; a member may abstain; yeas and nays entered in the
journal. Referral to the other House- The same procedure takes place; signed by the Senate
President and Speaker of House of Rep. Submission to joint bicameral committee-
Reconcilation of conflicting provisions from both Houses. Submission to the President- Either
signs it into law or vetoes it with a duration of 30 days.
32. SECTION 27.1 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…
33. Definition of terms: BILL is a draft of a law submitted to the consideration of a legislative
body for its adoption. Statute is the written will of legislature as an organized body expressed
according to the form necessary to constitute it into law; act.
34. How are statutes identified: 1. Serial numbers (Republic Act No. 386) 2. Special titles (Civil
Code of the Philippines) 3. Enactments by the Batasang Pambansa (Batasang Pambansa Blg.
25)
35. Formal Parts of a law
36. When will a bill may become a law? 1. When the President approves the bill by signing it. 2.
When he vetoes the bill and returns the same with his objections to the House where it
originated, and the same is repassed over his veto by a vote of two-thirds. 3. If the President
does not communicate within 30 days.
37. SECTION 27.2 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.
38. VETO- is the Latin term for “I forbid” or “I deny.” 1. To enable the executive department to
protect its integrity as an equal branch of the government. 2. To provide a check on hasty,
corrupt, or ill-considered legislation.
39. POCKET VETO is not allowed. the disapproval of a bill by inaction of the President.
PARTIAL VETO is allowed. Provided in Section 27.2 which grants the President to veto
particular items provided that other items he approves shall not be affected.
40. RESOLUTION- has been identified as a formal expression of opinion, will, or intent by an
official body or assembled group.
41. Use of resolutions: 1. The rules of procedure of a lawmaking body, orders imposing some
penalty upon any of its members would be embodied in the resolution. 3. Under Section 28.2,
the power to tarrif rates of the President may be withdrawn by resolution. 2. For expressing
condolences or in declaring its opinion on important national questions.
42. Kinds of resolutions: 1. SIMPLE- if passed by either House for its exclusive use or purpose;
2. CONCURRENT- if passed independently in one House and ratified by the other in the same
manner as a bill; 3. JOINT- if approved by both Houses meeting in joint session but voting
separately.
43. SECTION 28.1 The rule of taxation shall be uniform and equitable. The Congress shall
evolve a progressive system of taxation.
44. Uniformity in taxation- means that all taxable articles or properties of the same class shall be
taxed at the same rate.
45. Equity in taxation- requires that such apportionment be more or less just in light of the
taxpayer’s ability to shoulder the tax burden. Progressive taxation- the tax increases as the
amount of income increases.
46. SECTION 28.2 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…
47. SECTION 28.3 Charitable institutions, churches and parsonages or convents appurtenant
thereto, mosques, nonprofit cemeteries, and all lands, buildings and improvements, actually,
directly, and exclusively used for religious, charitable, or educational purposes shall be exempt
from taxation.
48. Tax exemptions: 1. All revenues and assets of non-stock, non- profit educational institutions
used actually, directly, and exclusively for educational purposes. 3. Grants and donations used
actually, directly, and exclusively for educational purposes. 2. Proprietary educational
institutions including those cooperatively owned.
49. SECTION 28.4 No law granting any tax exemption shall be passed without the concurrence
of a majority of all the members of the Congress.
50. SECTION 29.1 No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law.
51. The power of appropriation acts as a legislative check upon the disbursing power of the
President, or the heads of departments and other executive officials.
52. APPROPRIATION is nothing more than the authorization by law that money may be paid
out of the public treasury.
53. SECTION 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 any priest or preacher, minister, or
other religious teacher...
54. Prohibition is not violated when: 1. Payment given as compensation- given to priest who is
assigned to the armed forces. 2. Religious use incidental- the use of public streets for religious
procession, masses at the Rizal Park and benefits from SSS to the priest. 3. Use, public in
nature- for postage stamps and the purpose is to advertise the Philippines and not to favor any
particular church.
55. 4. Payment based on contract- rents are paid for a portion of a church or other building that
is being leased by the government. 5. Consideration received- Exchange of donations from the
church to the government.
56. SECTION 29.3 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.
57. 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.
58. The Supreme Court accords or gives weight to cases that should be elevated for further
reviews by the factual findings of the lower court.
59. SECTION 31 No law granting a title of royalty or nobility shall be enacted.
60. Prohibition against granting title of royalty or nobility: 1. It is consistent with the declaration
that the Philippines is a democratic and republican State. 2. It prevents the creation of
priveleged class which may transmit their classification by inheritance to their children. 3. Validly
create titles of royalty or nobility and confer them to the visiting dignitaries of the Congress.
61. SECTION 32 The Congress shall, as early as possible, provide for a system of initiative and
referandum, 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…
62. Initiative- It is the reserved power of the people to directly propose and enact laws.
Referandum- It is the process by which any act or law or any part thereof passed by Congress
or by a local legislative body is submitted to the people for their approval or disapproval.
63. The registration of a petition therefor signed by at least 10% of the total number of
registered voters with every legislative district being represented by at least 3% of the registered
voters in said district.