CONSTITUTIONAL LAW 1
CHAPTER I  Discovery of Phil by Magellan  common rule
GENERAL CONSIDERATIONS
Political Law
Political law is that branch of public law
which deals with the organization and operations of
the governmental organs of the State and defines the
relations of the State with the inhabitants of its
territory.
Scope of Political Law
 Constitutional Law
 Administrative Law
 Law of Public Officers
 Election Law
 Law on Municipal Corporations
Constitutional Law
Constitutional law is a study of the structure
and powers of the Government of the Republic of
the Philippines.
It also deals with certain basic concepts of
Political law, such as the nature of the State, the
supremacy of the Constitution, the separation of
powers, and the rule of the majority.
Necessity of the Study
Every citizen, regardless of the calling,
should understand the mechanisms and motivations
of his government. This must be so because
“sovereignty resides in the people and all
government authority emanates from them” (Art.II,
Sec. 1, 1987 Constitution). It is upon the active
involvement in public affairs of every Filipino that
the success of the Republic of the Philippines will
depend.
All educational institutions shall include the
study of Constitution as part of the curricula.
Background of the Study
 Inhabitants of the Phil. consisted of disparate
tribes  governed by system of laws
promulgated by the datu or a council of elders
 fell under a foreign power, bound by
commercial ties
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of Spain  300+ years, abuses of the
government and the friars  Filipinos
developed a sense of unity  Rizal and other
propagandists, ignite spirit of nationalism
 Phil. Revolution started by Bonifacio under the
generalship of Aguinaldo  Ended the Spanish
Sovereignty  Phil independence  First Phil
Republic, Aguinaldo – Pres  Malolos
Constitution, new government was established;
first democratic constitution to be promulgated
in Asia
 US planting seeds of another sovereignty 
disregarded the declaration of independence day
 Treaty on Paris – cession of Phil Is. by Spain
to the US  Phil-American War
 Americans organized a military govt but
consolidation of executive, legislative and
judicial authority in a military government 
non-observance of the doctrine of separation of
powers
 Schurman Commission  First Phil Comm. 
fact-finding survey of the Phil Is. & submit
appropriate recommendations to the US
Congress
 Taft Commission  Second Phil Comm. 
took over all the legislative powers and some of
the executive and judicial powers of the military
govt
 Spooner Amendment  civil govt  William
Howard Taft, governor
 Phil Bill 1902  Phil Assembly was crated
(1907) to sit with the Phil Comm. in a bicameral
legislature, Sergio Osmena, Speaker of the Phil
Assembly  1907 Phil Autonomy Act – Jones
Law – established inter alia a Phil Legislature
consisting of a Senate (Manuel L Quezon) and a
Hse of Rep (Sergio Osmena)
 Tydings-McDuffie Act – authorized the
establishment of the Commonwealth of the Phil
 Constitutional Convention  1935 Consti 
inauguration of the Commonwealth government
 Quezon, Pres & Osmena, VP
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 Tydings-McDuffie Act promised independence

to the Fil – prove their capacity for democratic
govt during 10 year transition period  Second
republic of the Phil  Jose P. Laurel, Pres
during the Japanese occupancy
 Intensification of a subversive movement by
communist-oriented groups, Pres. Ferdinand
Marcos issued Proclamation No 1081 –Martial CHAPTER II
Law  Proclamation no 1102 – 1973 Consti – THE CONSTITUTION OF THE PHILIPPINES
effective
 Issue of validity of 1973 consti – ratification Constitution of the Phils., past and present
cases. Habeas Corpus Cases, SC unanimously
 Commonwealth Constitution (1935)
upheld the proclamation of Martial Law
 Constitution of 1973
 1973 Consti – Pres Marcos issued Proc No 2045  Freedom Constitution (Feb. 25, 1986)
– lifting Martial Law. However he retained his  1987 Constitution (adopted on Feb. 02,
“standby legislative powers”  promulgated 1987)
National Security Code and Public Order Act
 Pres Marcos submitted on the 10 th day following 1987 Constitution – FOURTH fundamental law to
the proclamation of the winners in the snap govern the Philippines
election to be called by the legislature on the
Commonwealth Constitution (1935) – FIRST
strength of such resignation. SC denied the constitution; operative after the proclamation of the
petition and sustained the resignation and the Republic of the Philippines
call. Elections Marcos, Pres. Arturo Tolentino,
VP INDEPENDENT Philippines – July 4, 1946
 People power, headed by Juan Ponce Enrile and
1973 Constitution – SECOND Constitution;
Fidel Ramos  Corazon Aquino, Pres &
enforced during Marcos regime
Salvador Laurel, VP
 Freedom Constitution  Plebiscite PEOPLE POWER – February 25, 1986

Freedom Constitution – THIRD; effective pending

the adoption of a permanent Constitution

President Corazon C. Aquino – Proclamation 9 –

creation of a Constitutional Commission – 50
members

** deadline: September 2, 1986

** Justice Cecilia Munoz-Palma – accepted and

immediately undertook their mission

** October 15, 1986 – approve the final draft

PLEBISCITE – not within 60 days but within 3

months, to give people more opportunity to study

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CONSTITUTIONAL LAW 1

**Plebiscite: February 2, 1987

Outstanding Features
 Revival of the Bicameral Congress of the
Philippines and the strictly legal Presidential
system.
 The independence of the judiciary has been
strengthened, with new provisions for
appointment and increase in its authority,
covering even political questions formerly
beyond its jurisdiction.
18 articles
Many of the original 1935 provisions have been
restored – legislative and executive departments –
because of the revival of the bicameral congress of
the Philippines and the strictly presidential system
Independence of the judiciary has been strengthened
- new provisions for appointment and increase in its
authority.
CONSTITUTION:
• Quintessential rather than superficial, root and
not the blossom
• Base and framework, core of the dream that must
take shape
• It must grow within the society it seeks to
restructure and march space with progress of the
race
CHAPTER III
THE CONCEPT OF THE STATE
Definition
A state is a community of persons, more or
less numerous, permanently occupying a fixed
territory, and possessed of an independent
government organized for political ends to which the
great body politic render habitual obedience.
State vs. Nation
The term nation indicates a relation of birth
or origin and implies a common race, usually
characterized by community of language and
customs. The State is a legal concept, while the
nation is only a racial or ethnic concept.
State vs Government

Bill of rights – improved – creation in the document STATE GOVERNMENT

of a commission on human rights Principal Agent
abstraction Externalizes the state and
Sounds like a political speech rather than a formal articulates its will
document stating only basic precepts Element of the state
Inclusion of certain topics that have no place in a
Constitution – sports, love, drugs, advertising etc Elements of state.

Supremacy of the Constitution 1. People

2. Territory
The Constitution is the basic and paramount 3. Government
law to which all other laws must conform and to 4. Sovereignty
which all persons, including the highest officials of
the land. People
** No act shall be valid if it conflicts with the
Constitution People refers simply to the inhabitants of the State.
** All must bow to the mandate of this law
There is no legal requirement as to the number.
Prospects of the Constitution

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CONSTITUTIONAL LAW 1
**numerous to be self-sufficing and to defend
themselves
**small enough to be easily administered and
sustained
People must come from both sexes to be able to
perpetuate themselves
People are more comprehensive and less cohesive
than the nation
NATION: starting as an amorphous group of
individuals inhabiting same territory, the people may
develop and share certain characteristics and
interests, such as common language, common
religion, and a common set of customs and traditions
that will unite them into a more closely-knit entity
NATION: a people bound together by common
attractions and repulsions into a living organism
possessed of a common pulse, a common
intelligence and inspiration, and destined apparently
to have a common history and a common fate
Territory
Territory is the fixed portion of the surface of the
earth inhabited by the people of the State.
Practical requirement ONLY – must be neither too
big as to be difficult to administer and defend nor
too small as to be unable to provide the needs of the
population
COMPONENTS OF TERRITORY
• Terrestrial domain – land mass
• Maritime and fluvial domain – inland and external
waters
• Aerial domain – air space above the land and
waters
“The national territory comprises the
Philippines archipelago, with all the islands and
waters embraced therein, and all other territories
over which the Philippines has sovereignty or
jurisdiction, consisting of its territorial, fluvial, and
aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and
connecting the islands of the archipelago, regardless
of their breadth and dimensions, form part of the
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internal waters of the Philippines.” (Art. 1, 1987
Constitution)
National territory by reference to the pertinent
treaties concluded by the US during its regime in
this country, the present rule now physically lists the
components of our territory and so de-emphasizes
recollections of our colonial past
The article has deleted reference to the territories we
claim “by historic right or legal title”, but this does
not mean an outright and formal abandonment of
such claim, which was best “left to a judicial body
capable of passing judgment over the issue”
SECOND SENTENCE – archipelagic doctrine –
which we connect the outermost points of our
archipelago with straight baselines and consider all
the waters enclosed thereby as internal waters
ARCHIPELAGO – regarded as one integrated unit
instead of being fragmented into so many thousand
islands
TERRITORIAL SEAS – defined according to the
Jamaica Convention on the Law of the Sea
DEFINITION IN ART. 1
1. Those ceded to the US by virtue of the Treaty of
Paris of Dec 10, 1898
2. Defined in the treaty concluded between the US
and Spain on Nov 7, 1900, which were not
defined in the treaty of Paris, specifically islands
of Cagayan, Sulu and Sibuto
3. Defined in the treaty concluded on jan 2, 1930,
between US and Great Britain, specifically the
Turtle and Mangsee islands
4. The island of Batanes, which was covered under
a general statement in the 1935 Consti
5. Those contemplated in the phrase “belonging to
the Phil by historic right and legal title” in the
1973 Consti
Government
Government is the agency or instrumentality through
the will of the State is formulated, expressed and
realized.
No particular form of government is prescribed,
provided that the government is able to represent the
State in its dealings with other states.
CONSTITUTIONAL LAW 1
OUR GOVERNMENT – democratic and republican
DIRECT STATE ACTION – the mandate of the
government from the state is to promote the welfare
of the people. Whatever is good is done by the
government is attributed to the State but every harm
inflicted on the people is imputed not to the State but
to the government alone. Such inquiry may justify
the replacement of the government by revolution,
theoretically at the behest of the State.
Functions
1. Constituent. Constituent functions constitute
the very bonds of society and are therefore
compulsory.
2. Ministrant. Ministrant functions are those
undertaken to advance the general interests
of society, such as public works, public
charity, and regulation of trade and industry.
To our Supreme Court, however, the distinction
between the two is not relevant in our jurisdiction.
Such distinction has been blurred because of the
repudiation of the laissez faire policy in the
Constitution (PVTA vs. CIR, reiterating the rule in
ACCFA vs. Federation of Labor Unions).
Laissez faire literally means “leave us alone”; it
denotes that the government should play little or no
role at all in the market.
** it is now obligatory on the state to:
o promote social justice
o provide adequate social services to promote
a rising standard of living
o afford protection to labor
o formulate and implement urban and agrarian
reform programs
o adopt other measures intended to ensure the
dignity, welfare and security of the citizens
o establish and maintain a complete, adequate
and fully integrated system of education
o offer free elementary and secondary public
education
o promote scientific research and invention
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o patronize arts and letters and develop
Filipino culture for national identity
**These functions while traditionally
regarded as merely ministrant and optional,
have been made compulsory by the
constitution.
Doctrine of Parens Patriae
One of the important tasks of the
government is to act for the State as parens patriae,
or guardian of the rights of people.
** it is buttressed by its adherence to the concept
that the judiciary, as an agent of the State acting as
parens patriae, is called upon whenever a pending
suit or litigation affects one who is a MINOR to
accord prority to his best interest
** parens patriae in representation of the legitimate
claimants
** the prerogative of parens patriae is inherent in the
supreme power of every State, whether that power is
lodged in a royal person or in the legislature, and has
no affinity to those arbitrary powers which are
sometimes exerted by irresponsible monarchs to the
detriment of the people and the destruction of their
liberties
De Jure vs. De Facto Government
1. De Jure.—A de jure government has rightful
title but no power or control, either because
this has been withdrawn from it or because it
has not yet actually entered into the exercise
thereof.
2. De Facto.—A de facto government is a
government of fact, that is, it actually
exercises power or control but without legal
title.
3 Kinds of de facto Government
1. The government that gets possession and
control of by force or by voice of the
majority, the rightful legal government and
maintains itself against the will of the latter.
2. That established as an independent
government by the inhabitants of a country
who rise in insurrection against the parent
state.
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3. That which is established and maintained by
military forces who invade and occupy a
territory of the enemy in the course of war,
and which is denominated as a government
of paramount force.
**Second Republic of the Phil – De Facto
Government – established by the Japanese
belligerent during the occupation of the Philippines
in WW II
Characteristics of de facto government:
1. Existence is maintained by active military
power within the territories and against the
rightful authority of an established and lawful
government
2. During its existence, it must necessarily be
obeyed in civil matters by private citizens who,
by acts of obedience rendered in submission to
such force, do not become responsible, as
wrongdoers, for those acts, though not
warranted by the laws of the rightful
government
** They are usually administered by military
authority, supported more or less directly by military
force
** government of Corazon Aquino – DE JURE
GOVT – the people have made the judgment, govt in
fact and in law, in effective control of the entire
country, community of nations has recognized the
legitimacy of the present govt
Government of the Philippines
Administrative Code of 1987, Sec. 2(1):
“The corporate governmental entity through
the functions of the government are exercised
throughout the Philippines, including, save as the
contrary appears from the context, various arms
through which political authority is made effective in
the Philippines, whether pertaining to autonomous
regions, provincial, city, municipal, or barangay
subdivisions or other form of local government.”
A government-owned or controlled
corporation (GOCC) engaged in proprietary
functions cannot be considered part of the
Government for purposes of exemption from the
application of the statute of limitations.
Administration vs. Government
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 Administration is the group of persons in
whose hands the reins of government are for
the time being.
 The administration runs the government.
 Administration is transitional whereas the
government is permanent.
Sovereignty
Sovereignty is the supreme and
uncontrollable power inherent in a State by which
that State is governed.
Two Kinds of Sovereignty
1. Legal sovereignty.—The authority which
has the power to issue final commands.
2. Political sovereignty.—The power behind
the legal sovereign, or the sum of the
influences that operate upon it.
Congress: Legal Sovereignty :: different sectors that
mold public opinion: Political Sovereignty
Sovereignty may also be internal or external:
1. Internal Sovereignty - refers to the power of
the state to control its domestic affairs
2. External Sovereignty (Independence) -
power of the state to direct its relations with
other states
Characteristics of Sovereignty
 Permanent
 Exclusive
 Comprehensive
 Absolute
 Indivisible
 Inalienable
 Imprescriptible
** sovereignty is not deemed suspended although
acts of sovereignty cannot be exercised by the
legitimate authority.
** there can be no change of sovereignty during a
belligerent occupation, the political laws of the
occupied territory are merely suspended, subject to
revival under the jus postliminium upon the end of
the occupation
CONSTITUTIONAL LAW 1

ACT OF STATE – act done by the political

POSTLIMINIUM. That right in virtue of which departments of the government and not subject to
persons and things taken by the enemy are restored judicial review
to their former state, when coming again under the
power of the nation to which they belong.
CHAPTER IV
** non-political laws are deemed to continue unless THE DOCTRINE OF STATE IMMUNITY
changed by the belligerent occupant since they are
intended to govern the relations of individuals as 😊😊
among themselves and are not generally affected by
changes in regime of rulers

**rule suspending political laws affects only the

civilian inhabitants of the occupied territory and is
not intended to bind the enemies in arms

JUDICIAL DECISIONS – valid during the

occupation and even beyond except those of a
political complexion, which are automatically
annulled upon the restoration of the legitimate
authority

** where there is a change of sovereignty, the

political laws of the former sovereign are not merely
suspended but abrogated
** as they regulate the relations between, the ruler
and the ruled, these laws fall to the ground of ipso
facto unless they are retained or re-enacted by
positive act of the new sovereign CHAPTER V
FUNDAMENTAL PRINCIPLES AND STATE
** non-political laws continue in operation, for the POLICIES
reason that they only regulate private relations,
unless they are changed by the new sovereign or are
contrary to its institutions. ART II – “DECLARATION OF PRINCIPLES AND
STATE POLICIES”
** total abrogation of political relations of the
inhabitants – that all laws in force which are in Article II lays down the rules underlying our
conflict with the political character, constitution, or system of government and must therefore be adhered
institutions of the substituted sovereign lose force to in the conduct of public affairs and the resolution
of public issues.
Act of State
Purpose – emphasize and articulate more
ACT OF STATE is done by the sovereign power of unequivocally the objectives and limitations of
a country, or by its delegate, within the limits of the governmental actions in pursuit of the general goals
power vested in him. announced n the preamble

**Act of state – cannot be questioned or made the Preamble

subject of legal proceedings in a court of law
 Preamble is not considered a source of
substantive right since its purpose is only to
introduce.

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CONSTITUTIONAL LAW 1
 Literally means “to walk before.”
(Praeambulus: Walking in front)
 It’s not merely rhetorical; it indicates the
authors of the Constitution.
 It also enumerates the primary aims and
expresses the aspirations of the framers in
drafting the Constitution.
 It is a useful aid in construction and
interpretation of the text of the Constitution.
Republicanism (Sec. 1)
 A republic is a representative government, a
government fun by and for the people.
 The essence of republicanism is
representation and renovation, the
selection by their citizenry of a corps of
public functionaries who derive their
mandate from the people and act on their
behalf, serving for a limited period only,
after which they are replaced or retained at
the option of their principal.
The Defense of the State (Sec. 4)
 Art. II, Sec. 4, 1987 Constitution: “…all
citizens may be required, under conditions
provided by law, to render personal military
or civil service.”
 The duty is imposed upon all citizens.
 The duty must be personal, to preclude the
hiring by the rich of “mercenaries” or
professional soldiers to take their place in
the defense of the State.
The Incorporation Clause (Sec. 2)
 Art. II, Sec. 2: “The Philippines…adopts the
generally accepted principles of
international law as part of the law of the
land…”
 Every State is, by reasons of its membership
in the family of nations, bound by generally
accepted principles of international law
(doctrine of incorporation).
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Rearing of the Youth (Sec. 12 & 13)
 Art. II, Sec. 12 and Sec. 13 deal with the
proper rearing of the youth.
 This power is exercised most effectively, at
least during the child’s formative years,
through the school.
Women (Sec. 14)
 Art. II, Sec. 14 deals with the role of women
in nation-building.
Social Justice (Sec. 9, 10, 11, 18 & 21)
 Justice Jose P. Laurel, in Callang vs.
Williams, defined Social Justice thus:
“Social justice is ‘neither communism,
nor despotism, nor atomism, nor anarchy,’
but the humanization of laws and the
equalization of social and economic forces
by the State so that justice in its rational and
objectively secular conception may at least
be approximated.”
 Salus populi est suprema lex.—The welfare
of the people is the supreme law.
Separation of Church and State (Sec. 6)
 Art. II, Sec. 6 reiterates “the separation of
Church and State shall be inviolable.”
 The doctrine cuts both ways:
o State is prohibited from interfering
in purely ecclesiastical affairs;
o The Church is barred from meddling
in purely secular matters.
 No excessive entanglement.
Supremacy of Civilian Authority (Sec. 3)
 Art. II, Sec. 3: “Civilian authority is, at all
times, supreme over the military. The
Armed Forces of the Philippines is the
protector of the people and the State. Its goal
is to secure the sovereign of the State and
the integrity of the national territory.”
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Local Autonomy (Sec. 25)  According to Justice Laurel (Pangasinan

Transportation Co. vs. PSC):
 The strengthening of the local government is o Secure action
based on the Jeffersonian view that o Forestall overaction
“municipal corporations are the small o Prevent despotism
republics from which the great one derives o Obtain efficiency
its strength.”
To achieve these purposes:
 Legislative.—enactment of laws and may
not enforce or apply them;
 Executive.—enforcement of laws and may
not enact or apply them;
 Judiciary.—application of laws and may not
enact or enforce them.

 The keynote of conduct of the various

agencies of the government under the
doctrine of separation of powers is not
independence but interdependence.

Blending of Powers

 There are instances under the Constitution

when powers are not confined exclusively
within one department but are in fact
assigned to or shared by several departments
—a “blending of powers.”

CHAPTER VI
SEPARATION OF POWERS
 Examples:
o The enactment of general
 The doctrine is observed in our country not appropriations law, which begins
only because it is regarded as a characteristic with the preparation by the President
of republicanism but also for the reason that of the budget, which becomes the
the major powers of government are actually basis of the bill adopted by the
distributed by the Constitution among the Congress and subsequently
several departments and the Constitutional submitted by the President, who
Commissions. may then approve it.
o The grant of amnesty by the
Purpose
President which requires the
concurrence of a majority of all
 Doctrine of separation of powers is intended members of the Congress.
to prevent a concentration of authority in o COMELEC does not alone deputize
one person or group of persons that might
law enforcement agencies to ensure
lead to an irreversible error or abuse in its
free, orderly, honest, peaceful and
exercise to the detriment of our republican
credible elections but does so with
institutions.
the consent of the President.

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CONSTITUTIONAL LAW 1
Checks and Balances
 A system by which one department is
allowed to resist encroachments upon its
prerogatives or to rectify mistakes or
excesses committed by the other
departments.
 Illustrations:
o Lawmaking power of the Congress
is checked by the President through
his veto power, which may be
overridden by the legislature.
o The Congress may refuse to give its
concurrence to an amnesty
proclaimed by the President and the
Senate to a treaty he has concluded.
o The President may nullify a
conviction in a criminal case by
pardoning the offender (Gloria
Arroyo to Teehankee).
o The judiciary has the power to
declare invalid an act done by
Congress, the President, and his
subordinates, or the Constitutional
Commissions.
The Role of the Judiciary
 The judiciary has the primordial duty to
uphold the supremacy of the Constitution.
 To determine the valid exercise of power,
the first criterion is whether or not the power
in question has been constitutionally
conferred upon the department claiming its
exercise.
Justiciable vs. Political Questions
 Justiciable questions.—A purely justiciable
question implies a given right, legally
demandable and enforceable, an act or
omission violative of such right, and a
remedy granted and sanctioned by law, for
said breach of right (Casibang vs. Aquino).
 Political questions.—It connotes what it
means in ordinary parlance, namely, a
question of policy. It is concerned with
issues dependent upon the wisdom, not
legality, of a particular measure.
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Political Questions Under the New Constitution
 Art. VIII, Sec. 1 broadens the concept of
judicial power.
 It has the duty “to determine whether or not
there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality
of the Government.”
 There is grave abuse of discretion:
o When an act done is contrary to the
Constitution, the law, or
jurisprudence, or
o It is executed whimsically,
capriciously, arbitrarily, out of
malice, ill will or personal bias
(Infotech vs. COMELEC)
 The broadened concept of judicial power is
not meant to do away with the political
questions doctrine itself. The concept must
sometimes yield to separation of powers, to
the doctrine on ‘political questions’ or to the
‘enrolled bill’ rule.
CHAPTER VII
DELEGATION OF POWERS
 Potestas delegata non delegari potest.—
What has been delegated cannot be
delegated further.
 The delegation of legislative power has
become the rule and its non-delegation the
exception.
Permissible Delegation
CONSTITUTIONAL LAW 1
1. Delegation of tariff powers to the President.
2. Delegation of emergency powers to the
President.
3. Delegation to the people at large.
4. Delegation to local governments.
5. Delegation to administrative bodies.
Tariff Powers
 Art. VI, Sec. 28(2)
 The legislative process is much too
cumbersome for the speedy solution of some
economic problems, especially those relating
to foreign trade.
Emergency Powers
 Art. VI, Sec. 23(2)
Conditions for the vesture of emergency powers in
the President are the following:
1. There must be war or other national
emergency.
2. The delegation must be for a limited period
only.
3. The delegation must be subject to such
restrictions as the Congress may prescribe.
4. The emergency powers must be exercised to
carry out a national policy declared by the
Congress.
Delegation to the People
 Referendum.—It is defined as a method of
submitting an important legislative measure
to a direct vote of the whole people.
 Plebiscite.—It is intended to work more
permanent changes in the political structure,
like a proposal to amend the Constitution.
Delegation to Local Governments
 The local legislatures are more
knowledgeable than the national lawmaking
body on matters of purely local concern and
are therefore in a better position to enact the
necessary and appropriate legislation
thereon.
Delegation to Administrative Bodies
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 Administrative agencies may implement the
broad policies laid down in a statute by
“filling in” the details which the Congress
may not have the opportunity or competence
to provide.
 This is effected by their promulgation of
what are known as supplementary
regulations, such as the implementing rules
issued by the Department of Labor on the
Labor Code.
Tests of Delegation
 The true distinction is between:
o Delegation of power to make law
(cannot be done);
o Conferring authority or discretion as
to its execution, to be exercised
under an in pursuance of the law (no
valid objection can be made).
1. Completeness Test.—The law must be
complete in all its essential terms and
conditions when it leaves the legislature so
that there will be nothing left for the
delegate to do when it reaches him except
enforce it.
2. The Sufficient Standard Test.—It is intended
to map out the boundaries of the delegate’s
authority by defining the legislative policy
and indicating the circumstances under
which it is to be pursued and effected.
Pelaez Case (Emmanuel Pelaez vs. Auditor
General)
 The completeness test and sufficient
standard test must be applied together or
concurrently.
CHAPTER VIII
THE LEGISLATIVE DEPARTMENT
CONSTITUTIONAL LAW 1
The 1987 Constitution revived the Congress of the
Phil. and represents a return to bicameralism
UNICAMERAL: Batasang pambansa, Malolos
Congress, Taft Commission
BICAMERAL: Phil. Bill of 1902 – provided for a
legislature consisting of a Phil Assembly and the
Philippine Commission
Jones Law – House of Reps. and Senate = PHIL
LEGISLATURE
1987 Constitution important modification that have
been introduced – SECTION 1, ART 6 = legislative
power is now not exclusively vested in the Congress,
in view of the reservation made regarding
INITIATIVE and REFERNDUM
ART 6, SEC 1
The legislative power shall be vested in the
Congress of the Philippines which shall
consist of Senate and a House of the
Representatives, except to the extent
reserved to the people by the provision on
initiative and referendum.
Congress discharges powers of a NON-
LEGISLATIVE nature:
 Canvass of the presidential election
 Declaration of the existence of war
 Confirmation of amnesties
 Amendment or revision of the constitution
 Impeachment
THE SENATE
COMPOSITION
Art 6, Sec 2
 24 senators elected at large
“elected at large” – training ground for national
leaders, broader outlook of the problems of the
country, more circumspect and broad-minded than
the House of Reps.
QUALIFICATIONS
1
Art 6, Sec 3
No persons shall be a Senator unless he is a
natural-born citizen of the Philippines, and,
in the day of the election, is at least 35 years
of age, able to read and write, a registered
voter, and a resident of the Philippines for
not less than 2 years immediately preceding
the day of the election.
NATURAL BORN CITIZENS – citizens of the Phil
from birth without having to perform any act to
acquire and perfect their Phil citizenship
AGE QUALIFICATIONS – fixed at 35 on the day
of the elections and not on the day of the
proclamation of the winners.
LITERACY REQUIREMENT
RESIDENCE (domicile) – place where one
habitually resides and to which, when he is absent,
he has the intention of returning. Residence is in any
part of the Philippines.
**the qualifications prescribed in this section are
continuing requirements. They must be possessed
for the entire duration of the member’s incumbency.
**EXPRESSIO UNIUS EST EXCLUSIO
ALTERIUS – not competent for the Congress to
provide by mere legislation for additional
qualifications
TERM
Art 6 Sec 4 and Art 18 Sec 2
Sec 4. The term office of the senators shall
be SIX YEARS and shall commence, unless
otherwise provided by law, mat noon on the
30th day of June next following their election
Sec 2. The senators, members of the House
of the Reps, and the local officials first
elected under this Consti shall serve until
noon of June 30, 1992
Of the senators elected in the election of
1992, the first 12 obtaining the highest
CONSTITUTIONAL LAW 1
number of votes shall serve for SIX YEARS
and the remaining 12 for THREE YEARS.
The continuity of the life of a Senate is intended to
encourage the maintenance of Senate policies as well
as help and train new comers in the discharge of
their duties.
Art 6, Sec 4
No senator shall serve for more than 2
consecutive terms. Voluntary renunciation
of the office for any length of time shall not
be considered as an interpretation in the
continuity of his service for the full term for
which he was elected.
The constitution seems to be wary of elective
officials who stay too long in office, because they
may entrench themselves in the power to the
exclusion of other aspirants for the office and
prevent political dynasties
*NO SENATOR CAN SERVE NO MORE THAN
12 YEARS
* it might have been better to provide that the term
of office of the congress shall commence on the first
day of July and without waiting for high noon.
THE HOUSE OF THE REPRESENTATIVES
COMPOSITION
2 kinds of members:
District Reps – elected directly and personally from
the territorial unit he is seeking to represent
Party-list Reps – chosen indirectly, through the party
he represents
**party-list system – innovation of the 1987
constitution
Art 6, Sec 5
 Not more than 250 members elected from
legislative districts apportioned among the
provinces
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 Part-list reps – 20 % of the total membership
of the HR
 Each legislative district with a population of
at least 250 thousand shall have at least 1
rep.
(A) DISTRICT REP
200 members to be directly elected from the various
legislative districts, territory was divided into 13
regions, in turn compromising 200 district
apportioned among provinces
Validity of legislative apportionment measure –
justiciable question – involving as it does certain
requirements the interpretation of which does not
call for the exercise of legislative discretion
(B) PARTY-LIST REP
Party-list rep shall constitute 20% of the total
membership of the body
RA 7941 – not later than 90 days before election
day, any political party, organization or coalition
may file a verified petition through its president or
secretary for its participation in the party-list system;
published in at least 2 newspapers of gen circulation
and after due notice and hearing be resolved within
15 days and in no case later than 60 days before the
election
The sectors shall include: labor, peasant, fisher-folk,
urban poor, indigenous cultural communities,
elderly, handicapped, women, youth, veterans,
overseas workers, and professionals.
Upon registration, the pol party shall submit to the
COMELEC not later than 45 days before the
election 5 names from w/c its reps may be chosen
EVERY VOTER SHALL BE ENTITLED OF 2
VOTES:
 District rep
 Pol party he wants represented in the HR
PARTICIPANTS IN THE PARTY-LIST – ranked
accdg to the # of votes they received.
** AT LEAST 2% - 1 seat
CONSTITUTIONAL LAW 1
** MORE THAN 2% - given additional seats
***but none of them shall have more than 3 seats
They shall have the same rights and be subject to the
same inhibition and disqualifications, the SOLE
EXCEPTION, cannot change his pol party during
his term of office.
If the change is made within 6 mos. before the
election, he shall not be eligible for nomination
QUALIFICATIONS
Art 6, Sec 6
No person shall be a member of the HR
unless he is a natural born citizen of the
Philippines and on the day of the election, is
at least 25 years of age, able to read and
write and except the party-list reps, a
registered voter in the district in which he
shall be elected, resident thereof for a
period of not less than 1 year immediately
preceding the day of the elections.
PARTY LIST REPS – bona fide member of the
party he seeks to represent
YOUTH REP – not be more than 30 years old, but
may continue beyond that age until the end of his
term
RESIDENCE MUST BE IN THE DISTRICT –
ensure familiarity with the conditions and problems
of the constituency sought to be represented and
consequent efficiency and concern in the discharge
of legislative duties.
TERM
Art 6, Sec 7
The members of the HR shall be elected for
a s which shall begin unless otherwise
provided by law at noon on the 30th day of
June next following their election.
No member of the HR shall serve for more
than 3 consecutive terms. Voluntary
renunciation of the office for any length of
time shall not be considered as an
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interruption in the continuity of his service
for the full term for which he was elected.
Purpose of reducing the term to 3 years is to
synchronize elections
MAX term: 3 TERMS or 9 CONSECUTIVE
YEARS
Reason: generally young than the members of the
Senate
ELECTION
Art 6, Sec 9.
In case of vacancy in the Senate or in the
HR, a special election may e called to fill
such vacancy in the manner prescribed by
law, but the Senator or member of the HR
thus elected shall serve only for the
unexpired term.
SALARIES
Art 6, Sec 10
The salaries of the senate and the members
of determined by law. No increase in said
compensation shall take effect UNTIL
AFTER THE EXPIRATION OF THE FULL
TERM of all members of the senate and the
HR approving such increase
Art 6, Sec 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 COA which
shall be published annually and itemized list
of amounts paid to and expenses incurred
for each Member.
CONSTITUTIONAL LAW 1
**no prohibition against the receipt of allowances by
the members of the Congress
** reduction of salaries is not prohibited. If any
increase is to be made, the same cannot be effective
during the term of the members of the congress who
have approved such increase
PARLIAMENTARY IMMUNITIES
Art 6, Sec 11
A senator or member of the HR shall, in all
offenses punishable by not more than 6
years imprisonment, be privileged from
arrest while the Congress is in session. No
member shall be questioned nor held liable
in any other place for any speech or debate
in the congress or in any committee thereof.
2 KINDS OF IMMUNITIES
 IMMUNITY FROM ARREST – ensure
representation of the constituents of the
member of the Congress by preventing
attempts to keep him from attending its
sessions
 PRIVILEGE OF SPEECH AND DEBATE –
enables the legislator to express views
bearing upon public interest without fear of
accountability outside the halls of the
legislature for his inability to support his
statements with the usual evidence required
in the court of justice
(1) PRIVILEGE FROM ARREST
Covers not only civil arrests but also arrests for
criminal offenses punishable by not more than 6
years imprisonment
Applies only while the Congress is in session
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SESSION – does not refer to day to day meetings
but to the entire period from its initial convening
until its final adjournment
(2) PRIVILEGE OF SPEECH AND DEBATE
Requisites:
 Remarks must be made while the legislature
or legislative committee is functioning – in
session
 Made in connection with the discharge of
official duties
“in any other place” – he may be called to account
for his remarks by his own colleagues in the
congress itself.
CONFLICT OF INTEREST
Art 6, Sec 12
All members of the senate and the HR shall,
upon assumption of office, make a full
disclosure of their financial and business
interests. They shall notify the House
concerned of a potential conflict of interest
that may arise from the filing of a proposed
legislation of which they are authors.
By requiring them to make known at the outset their
financial and business connections or investments, it
is hoped that their potential for self-aggrandizement
will be reduced and they will be prevented from
using their official positions for ulterior purposes
INCOMPATIBLE AND FORBIDDEN OFFICES
Art 6, Sec 13
No senator of members of the HR may hold
any other office or employment in the
Government, or any subdivision, agency or
CONSTITUTIONAL LAW 1
instrumentality thereof, including GOCC
and their subsidiaries, during his term
without forfeiting his seat. Neither shall he
be appointed to any office which may have
been created or the emoluments thereof
increased during the term for which he was
elected
INCOMPATIBLE OFFICES – which may not be
held by the legislator during his tenure in the
Congress
The prohibition is against the holding of an
incompatible office is not absolute; what is not
allowed is the simultaneous holding of that office
and the seat in the Congress.
Not every office or employment is to be regarded as
incompatible with the legislative position
 Membership in the Electoral Tribunal
 Second ofc is an extension of the legislative
position or is in aid of legislative duties
 Who serve as treaty negotiators under the
Pres of the Phils continue to seat in the
Congress where they can work better for the
approval of the treaty and the passage of
thee needed implementing legislation
FORBIDDEN OFFICE – even if the member of the
congress is willing to forfeit his seat therein, he may
not be appointed to any office in the government that
has been created or the emoluments thereof have
been increased during his term
Purpose: prevent trafficking in public office
The appointment of the member of the congress to
the forbidden office is not allowed only during the
term for which he was elected. After such term, and
even if the legislator is re-elected, the
disqualification no longer applies and he may
therefore be appointed to the office
INHIBITIONS AND DISQUALIFICATIONS
Art 6, Sec 14
No senator or member of the HR may
personally appear as counsel before any
1
court of justice or before the Electoral
Tribunals or quasi-judicial or other
administrative bodies, neither shall be
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. He shall not
intervene 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
 Appearance of the legislator is now barred
before all courts of justice regardless of rank,
composition or jurisdiction
Purpose: prevent the legislator from exerting undue
influence, deliberately r not, upon the body where he
is appearing. The pressure may not be intended;
normally, the appearance is enough, considering the
powers available to the legislator which he can
exercise to reward or punish a judge deciding his
case.
The legislator-lawyer can still engage in the practice
of his profession except when it comes to hearings
and trials above-mentioned
 Legislators are prohibited from being financially
interest in any contract with the government
Because of the influence they can easily exercise in
obtaining these concessions; prevent abuses from
being committed by the members of the Congress to
the prejudice of the public welfare
**not every transaction is barred by this provision.
Only those involving “financial interests” from
which the legislator expects to derive some profit at
the expense of the government
SESSIONS
Art 6, Sec 15
The congress shall convene once every year
on the 4th Monday of July for its regular
CONSTITUTIONAL LAW 1
sessions, 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 30 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.
Max duration of 100 days for the regular session and
30 days for the special session, exclusive of Sundays
– COMMONWEALTH CONSTITUTION
MANDATORY RECESS – prescribed for the 30
day period before the opening of the next regular
session, excluding Sat., Sun., and legal holidays
President’s call not necessary (special election):
 Canvass the presidential elections
 Call a special election when both the presidency
and vice-presidency are vacated
 Exercise the power of impeachment
OFFICERS
Art 6, Sec 16 (1)
The senate shall elect its president and the
HR its speaker, by a vote of majority of all
its respective Members.
Each house shall choose such other officers
as it may deem necessary
QUORUM
Art 6, Sec 16 (2)
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
embers in such manner, and under such
penalties, as such House may provide.
QUORUM – any number sufficient to transact
business which may be less than the majority of the
membership
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DISCIPLINE OF MEMBERS
Art 6, Sec 16 (3)
Each house may determine the rules of its
proceedings punish its members for
disorderly behavior and with the
concurrence of 2/3 of all its members
suspend or expel a member. A penalty of
suspension, when imposed shall not exceed
60 days
Rules of proceedings are needed for the orderly
conduct of the sessions of the congress. Such rules
are to be within the exclusive discretion of the House
to formulate and interpret and may not be judicially
reversed.
Authority to discipline its members can still be
exercised by each House as an inherent power, with
the concurrence of only a majority vote
SOFT IMPEACHMENT – expulsion and suspension
are deletion of unparliamentarily remarks from the
record, fine, imprisonment and censure
JOURNALS
Art 6, Sec 16 (4)
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 1/5 of the members present be
entered in the Journal.
Each house shall also keep a Record of its
proceedings
JOURNALS – record of what is done and past in a
legislative assembly.
Useful not only for authenticating proceedings but
also for the interpretation of laws through a study of
debates held thereon and for informing the people of
the official conduct of legislators
The publication of the journals is in line with the
right t information on matters of public concern
CONSTITUTIONAL LAW 1
ENROLLED BILL – which has been duly
introduced, finally passed by both houses, signed by
the proper officers of each, approved by the
governor and filed by the secretary of state
Conflict between the recitals in the journals and the
version of the enrolled bill – resolved be in favor of
the enrolled bill
Conflict on the verity of the real contents of the bill
– look into the journal. – no enrolled bill to speak in
view of the withdrawal of the signatures of the
president of the Phil and Sen Pres
JOURNAL – resume or minutes of what transpired
during a legislative session
ADJOURNMENT
Art 6, Sec 16 (5)
Neither house during the sessions of the
congress shall, without the consent of the
other, adjourn for more than 3 days, nor to
any other place than that in which 2 houses
shall be sitting
Restoration of bicameralism – envisions
collaboration and coordination between the 2
chambers of the congress
Constant contact and communication between the 2
bodies is necessary that there be prior agreement
before either of them decides to adjourn for more
than 3 days
Should not adjourn to a place other than where both
chambers are sitting, without the consent of the
other.
PLACE – refers not to the building but to the
political unit where two houses may be sitting
ELECTORAL TRIBUNALS
Sole judge of all contests involving the election,
returns and qualifications of all members of the
legislature
Art 6, Sec 17
1
The senate and the HR shall each have an
Electoral Tribunal which shall be the sole
judge of all contests relating to the election,
returns and qualifications of their respective
members. Each electoral tribunal shall be
composed of 9 members, 3 of whom shall be
justices of the SC and the remaining 6 shall
be members of the Senate or HR, as the case
may be, who shall be chosen on the basis of
proportional representation from the
political parties and the parties and
organizations registered under the party-list
system represented therein. The senior
justice in the electoral tribunal shall be its
Chairman
1987 consti favors the multi-party system as against
the 2-party system
Tanada v Cuenco: the legislative seats in the
Electoral Tribunals belonged to the majority and
minority parties in the chamber, not to the chamber
itself or to the majority party therein/ Electoral
Tribunals are also entitled to nominate their own
reps.
In the discharge of their duties, they are independent
of the legislature and also of the other depts. for that
matter
Electoral tribunals have the exclusive right to
prescribe its own rules of procedures
Decisions rendered are not appealable
The employees of the Electoral Tribunal are its own,
and neither of the Senate nor the HR nor of any other
entity and it stands to reason that the appointment,
the supervision and the control over the said
employees are wholly within the tribunal itself
COMMISSION ON APPOINTMENTS
CONSTITUTIONAL LAW 1
Art 6, Sec 18
There shall be a commission on
appointments consisting of the president of
the senate, as an ex officio chairman, 12
senators and 12 members of the HR, 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 30 session days of the congress from
their submission. The commission shall by
rule a majority vote of all the members
ORGANIZATION
Art 6, Sec 19
The Electoral tribunals and Commission on
Appointments shall be constituted within 30
days after the senate and the HR 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.
This provision is based on the need to enable the
President to exercise his appointing power in
coordination with the Comm on Appointments
Appointments are made during the recess and
subject to consideration later by the commission for
confirmation or rejection
But where the congress is in session, the pres must
first clear his nominations with the commission
Unless it is organized, no appointment can be made
by the pres in the meantime
1
CHAPTER IX
POWERS OF CONGRESS
Powers of the Congress
 Legislative – specific powers of
appropriation, taxation, and expropriation
 Non-legislative – power to canvass the
presidential elections, declare the existence
of war, give concurrence to treaties and
amnesties, propose constitutional
amendments, and to impeach.
From such express powers may be derived some
implied powers, such as the power to punish
contempt in legislative investigations
Congress possess inherent powers such as the
determination of its rules of proceedings and the
discipline of its members
LEGISLATIVE POWERS IN GENERAL
LEGISLATIVE POWER – the power of law-
making, the framing and enactment of laws, effected
through the adoption of a bill, or a proposed or
projected law, w/c once approved, becomes a statute
STATUTE – written will of the legislature, solemnly
expressed accdg to the forms necessary to constitute
it the law of the state
POWER TO MAKE LAWS – includes the power to
repeal and alter them
On the question of which should prevail as between
the executive agreements and the statutes =
STATUTES
Main function of the executive is to enforce
laws enacted by the Congress. The executive must
not interfere in the performance of the legislative
and may not defeat legislative enactments by
indirectly repealing the same through an executive
agreement providing for the performance of the very
act prohibited by such laws.
CONSTITUTIONAL LAW 1
PROCEDURE
Bill is introduced by any member of either chambers
FIRST RDG: number and title of the bill, referral to
the proper committee for study, public hearings are
held
If other bills are of the same nature or purpose, they
may all be consolidated into one bill.
SECOND RDG: read in its entirety, scrutinized,
debated, upon and amended when desired.
IF bill is approved in the 2nd rdg, the bill is printed in
its final form and copies are distributed 3 days
before the 3rd reading
THIRD RDG: members merely register their votes.
Once the bill passes 3rd rdg, it is sent to the other
chamber.
If there are differences between the versions
approved by the 2 chambers, a CONFERENCE
COMMITTEE representing both houses will draft a
compromise measure that if ratified by the senate
and the HR will then be submitted to the president
for his consideration.
THE BILL IS ENROLLED when printed as finally
approved by the Congress, thereafter authenticated
with the signatures of the Sen Pres, the Speaker and
the Sec of their respective chambers and approved
by the pres.
ORIGIN OF BILLS
Art 6, Sec 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 HR, but the
senate may propose or concur with
amendments
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PURPOSE: more numerous in membership – more
representative of the people, more familiar with the
needs of the country
APPROPRIATION BILL – primary and specific
purpose is to authorize the release of funds from the
public treasury
REVENUE BILLS – levies taxes and raises fund for
the govt
TARIFF BILLS – rate or duties to be imposed on
imported articles
BILL INCREASING THE PUBLIC DEBT –
floating bonds for public subscription
BILL OF LOCAL APPLICATION – purely local or
municipal matters, ex city charter
PRIVATE BILLS – bill granting honorary
citizenship
For senate to introduce what is known as
AMENDMENT BY SUBSTITUTION, w/c may
replace the bill initiated in the HR
Consti means: the initiative must come from the HR
PROHIBITED MEASURES
 Impairing the doctrine of separation of
powers
 Providing for the appointment of elected
officers
 Prohibitions in the bill of rights
o Enactment of ex post facto laws
o Bill of attainders
o Laws impairing the obligation of
contracts
Art 6, Sec 31
No law granting a title of royalty or nobility
shall be enacted
PURPOSE: preserve the republican and democratic
nature of our society by prohibiting the creation of
privileged classes with special prerequisites not
available to the rest of the citizenry
CONSTITUTIONAL LAW 1
Art 6, Sec 30
No law shall be passed increasing the
appellate jurisdiction of the SC as provided
in the Consti w/o its advice and concurrence
PURPOSE: prevent further additions to the present
tremendous case load of the SC
TITLE OF BILLS
Art 6, Sec 26(1)
Every bill passes by the Congress shall
embrace only one subject which shall be
expressed in the title thereof.
PURPOSES
 Prevent hodgepodge or log-rolling
legislation: any act containing several
subjects dealing with unrelated matters
representing diverse interests, the main
object of such combination being to unite
the members of the legislature
 Prevent surprise or fraud
 Fairly apprise the people, through such
publications of its proceedings
A practical rather than a technical construction” and
said it should suffice if the title expresses gen
subject and all the provisions are germane to the gen
subj
FORMALITIES
Art 6, Sec 26 (2)
No bill passed by either houses shall
become a law unless it has passed 3
readings on separate days, and it printed
copies thereof in its final form have been
distributed to its members 3 days before its
passage, EXCEPT, when the pres certifies
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its necessity of its immediate enactment to
meet a public calamity or emergency. Upon
the LAST READING of a bill, no
amendment thereto shall be allowed, and
the vote thereon shall be taken immediately
thereafter, the yeas and nays entered in the
journal.
PURPOSE: prevent half-baked legislation and
occasional deception of the legislators themselves
and the public, devote the needed time and study to
the railroaded measures
3rd READING: limited in the casting of the
members’ votes, usually after a brief explanation
thereof.
YEAS and NAYS are entered in the journals as a
permanent record on how each member voted on
particular issued, for the information especially of
their constituents
APPROVAL OF BILLS
Art 6, Sec 27
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 days
CONSTITUTIONAL LAW 1
after the date of receipt thereof, otherwise, it
shall become a law as if he had signed it.
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.
3 methods
 President signs it – actually signing indicates his
approval
 President vetoes – disapproves, returning the bill
to the house of origin, indicate his objections
thereto in what is known as a “veto message”
 Inaction within 30 days – more practical
purpose, employed whenever the president,
while not convinced of the necessity or validity
of the measure under consideration, is
nonetheless unwilling to disapprove it.
30-DAY PERIOD – counted from the date of its
receipt
General rule: is that the President must approve
entirely or disapprove in toto, EXCEPTION,
appropriation, revenue and tariff bills, any particular
item or items of w/c may be disapproved without
affecting the item or items to w/c he does not object
LEGISLATIVE INQUIRIES
Art 6, Sec 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.
Power of the legislative investigation may be
implied from the express power of legislation and
does not itself have to be expressly granted
Limit the conduct of legislative inquiries
To correct these excesses, it is now provided that the
legislative inquiry must be in aid of legislation, the
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conduct of the investigation must be strictly in
conformity with the rules of procedure
We are bound to presume that the action of the
legislative body was with a legitimate object id it
was capable of being so construed, and we have no
right to assume that the contrary was intended.
LEGISLATIVE CONTEMPT – failure or refusal to
attend the legitimate legislative investigation or
contumacy of the witness may be punished
How long may be a private individual be imprisoned
by the legislature for contempt?
Only for the duration of the session
SENATE: imprisoned indefinitely, provided that the
punishment did not become so long as to violate due
process
HR: imprisonment could not last, not only during the
session but until the final adjournment of the body
APPEARANCE OF DEPT. HEADS
Art 6, Sec 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.
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Enable the congress to obtain information from the
dept secretaries on the manner they are
implementing the laws it has enacted and also on
matters related to pending or prospective legislation.
Reduce the authority of the president for fear of the
resurgence or authority of the President
THE POWER OF APPROPRIATION
Art 6, Sec 29 (1)
No money shall be paid out of the Treasury
except in pursuance of an appropriation
made by law.
LAW – refer to constitutional appropriations
Funds are always needed for the support of public
projects
MONEY – motive force and lubricant of the
machinery of government
POWER OF PURSE – most impt prerogatives of
the Congress
(1) APPROPIATION DEFINED
APPROPRIATION MEASURE – authorize the
release of public funds from the treasury
 General – intended to provide for the
financial operations of the entire government
during one fiscal period
 Special – designed for a special purpose (ex
fund for the relief of typhoon victims
(2) IMPLIED LIMITATIONS
REQUIREMENTS
 Essential to the validity of an appropriation
that it be devoted to a public purpose
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 Sum authorized to be released must be
determinate or at least determinable
o Otherwise, the national treasurer
will have no guide or worse, will
have unlimited discretion in the
release of public funds
o Where the minimum rather than the
maximum is specified – measure is
invalid for lack of certainty
(3) CONSTITUTIONAL LIMITATIONS
 All appropriation bills should originate in
the HR
 Use of discretionary funds – funds were
spent for personal purposes, or at least
unnecessary or excessive public purposes to
the prejudice and often without even the
knowledge of the public
Art 6, Sec 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.
 Special appropriations
o Purpose: is to discontinue the
practice of fictitious appropriations
that were frequently enacted by the
Congress even if it knew that no
funds were available
Art 6, Sec 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.
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 General appropriations act: president knows
more about the needed appropriations than
the legislature
Art 6, Sec 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.
Congress may not increase the President’s budgetary
recommendations; there is no prohibition against its
reducing such recommendations
Reduction is not permitted when it comes to the
appropriations for the judiciary
BUDGET – proposal, a set of recommendations on
the appropriations to be made for the operations of
the government; basis for the enactment of the
general appropriations law, w/c is the measure that
authorizes the release of public funds
Art 6, Sec 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.
PURPOSE: prevent “riders” or irrelevant provisions
that are included in the general appropriations bill to
ensure their approval
Art 6, Sec 25 (3)
The procedure in approving appropriations
for the Congress shall strictly follow the
procedure for approving appropriations for
other departments and agencies.
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PURPOSE: prevent the adoption of appropriations
sub rosa by the congress; public to ascertain the
purposes and exact amount of the outlay for the
operations of the congress and the allowances of its
members
Other offices of the government : subject to public
hearings conducted by the legislature
Art 6, Sec 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 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.
The provision prohibits one dept from transferring
some of its funds to another dept and thereby makes
it beholden to the former to the detriment of the
doctrine of separation of powers
Transfer of savings in one dept from one item to
another in the gen appropriations act may be allowed
by law. No danger to the doctrine of separation of
powers because the transfer is made within a dept
and not from one dept to another
(4) APPROPRIATIONS FOR SECRETARIAN
PURPOSES
Whether the appropriations be general or special, it
must conform to the prohibition against the use of
public funds or property for sectarian purposes
Art 6, Sec 29 (2)
No public money or property shall be
appropriated, applied, paid, or employed,
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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, 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.
PURPOSE: further bolster the principle of
separation of church and state and emphasize the
neutrality of the State in ecclesiastical matters
Applicable only where the appropriation is intended
purposely to benefit a religious institution
Does not inhibit the use of public property for
religious purposes when the religious character of
such use is merely incidental to a temporary use
which is available indiscriminately to the public in
general
EXCEPTIONS
Payment of public funds is prohibited to
ecclesiastics only, “as such” which means that they
may be paid from public funds if they serve the
government in a non-ecclesiastical capacity. Thus,
some priests who serve as members of the
Constitutional Comm were paid per diems from
public funds for services rendered by them as public
officers
(5) AUTOMATIC RE-APPROPRIATION
Art 6, Sec 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 preceding fiscal year shall be
deemed re-enacted and shall remain in
force and effect until the general
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appropriations bill is passed by the
Congress.
General appropriations act: duration: 1 fiscal year
Old gen appropriations act is deemed continued in
operation notwithstanding the lapse of the fiscal year
until the Congress enacts a new gen appropriations
law
(6) SPECIAL FUNDS
Art 6, Sec 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.
Limitation continues to apply even if the original
purpose of the tax has already been fulfilled or
abandoned
Whatever of the special tax collections may remain
shall then be transferred to the gen funds of the
government
THE POWER OF TAXATION
Inherent in the State and is generally vested in the
legislature
Art 6, Sec 28 (1)
The rule of taxation shall be uniform and
equitable. The Congress shall evolve a
progressive system of taxation.
UNIFORMITY IN TAXATION – people or things
belonging to the same class shall be taxed at the
same rate
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EQUALITY IN TAXATION – tax imposed to be
determined on the basis of the value of the property
Rule of taxation shall also be equitable, tax burden
must be imposed accdg to the taxpayer’s capacity to
pay
Tax system should be suited to the social conditions
of the people
Art 6, Sec 28 (3)
Charitable institutions, churches and
personages 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.
Art 6, Sec 28 (4)
No law granting any tax exemption shall be
passed without the concurrence of a
majority of all the Members of the
Congress.
Require the absolute majority of the ENTIRE
membership of the congress because a tax exemption
represents a withholding of the power to tax and
consequent loss of revenue to the government
THE POWER OF CONCURRENCE
Art 7, sec 19, authorizes the president to grant
amnesty with the concurrence of a majority of all
members of the Congress
Art 7, Sec 21, no treaty or international agreement
shall be valid and effective unless concurred in by at
least 2/3 of all the members of the senate
THE WAR POWERS
Art 6, Sec 23 (1)
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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.
Authorize a declaration not of war but only of the
existence of a state of war
Suggests a war already begun or provoked by the
enemy and the existence of which we are only
affirming
As commander in chief and diplomatic head, the
president may so precipitate or actually begin
hostilities that the legislature will have no choice
except, “to baptize the hostilities with the name of
war”
Congress becomes functus officio once it declares
the existence of a state of war. War effort become
the sole responsibility of the Pres and must depend
heavily on the congress for the effective exercise of
his military powers
REFERENDUM AND INITIATIVE
Art 6, Sec 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: power of the people to propose bills
and laws and to enact or reject them at the polls;
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introduce a matter of legislation either to the

legislature or directly to the voters

REFERENDUM: adopt or reject any act or measure

which has been passed by a legislative body; method
of submitting an impt legislative measure to a direct
vote of the whole people, the submission of a law
passed by the legislature for their approval or
rejection