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ARTICLE VI – THE LEGISLATIVE
DEPARTMENT
Sec. 1. The legislative power shall be vested
in the Congress of the Philippines, which
shall consist of a Senate and a House of
Representatives, except to the extent
reserved to the people by the provision on
initiative and referendum.
Definition of Legislative Power:
The authority to make laws and to alter or
repeal them.
Classification of legislative power: (O De CO)
1. Original – Possessed by the people in their
sovereign capacity
2. Delegated – Possessed by Congress and
other legislative bodies by virtue of the
Constitution
3. Constituent – The power to amend or
revise the Constitution
4. Ordinary – The power to pass ordinary
laws
Note: The original legislative power of the
people is exercised via initiative and
referendum. In this manner, people can
directly propose and enact laws, or approve
or reject any act or law passed by Congress
or a local government unit.
Limits on the legislative power of Congress:
1. Substantive – limitations on the content of
laws. E.g. no law shall be passed establishing
a state religion.
2. Procedural – limitations on the manner of
passing laws. E.g. generally a bill must go
through three readings on three separate
days.
Note: Provided that these two limitations are
not exceeded, Congress’ legislative power is
plenary.
Corollaries of legislative power:
Congress cannot pass irrepealable laws.
Since Congress’ powers are plenary, and
limited only by the Constitution, any attempt
to limit the powers of future Congresses via
an irrepealable law is not allowed.
Congress, as a general rule, cannot delegate
its legislative power. Since the people have
already delegated legislative power to
Congress, the latter cannot delegate it any
further.
EXCEPTIONS:
1. Delegation of legislative power to local
government units;
2. Instances when the Constitution itself
allows for such delegation [see Art. VI Sec.
23(2)]
What may Congress delegate:
Congress can only delegate, usually to
administrative agencies, RULE-MAKING
POWER or LAW EXECUTION.
This involves either of two tasks for the
administrative agencies:
1. “Filling up the details” on an otherwise
complete statute; or
2. Ascertaining the facts necessary to bring a
“contingent” law or provision into actual
operation.
Sections 2-4. SENATE
Composition
24 senators who shall be elected at large by
the qualified voters of the Philippines, as
may be provided by law.
Qualifications
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.
Note: The qualifications of both Senators
and Members of the House are limited to
those provided by the Constitution.

Congress cannot, by law, add or subtract
from these qualifications.
Term of Office:
6 years, commencing (unless otherwise
provided by law) at noon, 30 June next
following their election.
Term Limitations:
1. No Senator shall serve for more than 2
consecutive terms.
2. 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.
Sections 5-7. HOUSE OF REPRESENTATIVES
Composition:
1. Not more than 25 members, unless
otherwise fixed by law; and
2. Party-list Representative
Election of 250 members
1. They shall be elected from legislative
districts apportioned among the provinces,
cities and the Metropolitan Manila area.
2. Legislative districts are apportioned in
accordance with the number of inhabitants
of each area and on the basis of a uniform
and progressive ratio.
a. Each district shall comprise, as far as
practicable, contiguous, compact and
adjacent territory;
b. Each city with at least 250,000 inhabitants
will be entitled to at least one
representative.
c. Each province will have at least one
representative.
d. Legislative districts shall be re-apportioned
by Congress within 3 years after the return of
each census. According to Jack, however,
while the apportionment of districts is NOT a
political question, the judiciary CANNOT
compel Congress to do this.
e. The standards used to determine the
apportionment of legislative districts is
meant to prevent ‘gerrymandering’, which is
the formation of a legislative district out of
separate territories so as to favor a particular
candidate or party.
Qualifications
1. Natural born citizen of the Philippines;
2. At least 25 years old on the day of the
election;
3. Able to read and write;
4. Registered voter in the district he seeks to
represent; and
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5. A resident of such district for at least one
year immediately preceding the day of the
election.
Term of Office
1. 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.
2. 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.
Term Limitations
No member of the House of Representatives
shall serve for more than three (3)
consecutive terms.
Distinctions between Term and Tenure
Definition
1. Terms means the period during which the
elected officer is legally authorized to
assume his office and exercise the powers
thereof.
2. Tenure is the actual period during which
such officer actually holds his position.
Limitation/Possible Reduction

1. Term CANNOT be reduced.
2. Tenure MAY, by law, be limited. Thus, a
provision which considers an elective office
automatically vacated when the holder
thereof files a certificate of candidacy for
another elective office (except President and
Vice-President) is valid, as it only affects the
officer’s tenure and NOT his constitutional
term.
Party-List Representatives
Constitute 20% of the total number of
representatives, including those under the
party-list system (thus a maximum of 50
party-list members of the House)
However, for 3 consecutive terms from 2
February 1987 (i.e., the 1987-92, 92-95 and
95-98 terms), 25 seats shall be allotted to
sectoral representatives. Under Art. XVIII,
Sec. 7, the sectoral representatives are to be
appointed by the President until legislation
otherwise provides.
Mechanics of the party-list system:
1. Registered organizations submit a list of
candidates in order of priority.
2. During the elections, these organizations
are voted for at large.
3. The number of seats that each
organization gets out of the 20% allotted to
the system depends on the number of votes
they get.
Qualifications
1. Natural born citizen of the Philippines
2. At least 25 years of age on the day of the
election
3. Able to read and write
Sec. 9. In case of vacancy in the Senate or in
the House of Representatives, a special
election may be called to fill such vacancy in
the manner prescribed by law, but the
Senator or Member of the House of
Representatives thus elected shall serve only
for the unexpired term.
Sec. 10. Salaries of Senators and Members
of the House
Determination of Salaries:
Salaries of Senators and Members of the
House of Representatives shall be
determined by law.
Rule on increase in salaries:
No increase in their salaries shall take effect
until after the EXPIRATION OF THE FULL
TERM (NOT TENURE) OF ALL THE MEMBERS
OF THE SENATE AND THE HOUSE OF
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REPRESENTATIVES APPROVING SUCH
INCREASE.
Note: Since the Constitution ‘provides for
rules on “salaries” and not on ‘emoluments,’
our distinguished legislators can appropriate
for themselves other sums of money such as
travel allowances, as well as other side
‘benefits.’
Sec. 11: CONGRESSIONAL IMMUNITIES
1.) Immunity from arrest:
1. Legislators are privileged from arrest while
Congress is “in session” with respect to
offenses punishable by up to 6 years of
imprisonment. Thus, whether Congress is in
regular or special session, the immunity from
arrest applies.
2. If Congress is in recess, members thereof
may be arrested.
3. The immunity is only with respect to
arrests and NOT to prosecution for criminal
offenses.
2.) Legislative privilege:
No member shall be questioned or held
liable in any forum other than his/her
respective Congressional body for any
debate or speech in the Congress or in any
Committee thereof.
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Limitation on the privilege: Sec. 13-14: CONGRESSIONAL special privilege
DISQUALIFICATIONS: granted by the
(i) Protection is only against forum Government, or any
other than Congress itself. Thus for Disqualifications: subdivision, agency
inflammatory remarks which are otherwise or instrumentality
privileged, a member may be sanctioned by DISQUALIFICATION WHEN thereof, including any
APPLICABLE GOCC or its
either the Senate or the House as the case
subsidiary.
may be. 1. Senator/Member During his term.
of the House cannot If he does so, he 5. Legislators cannot When it is for his
hold any other office forfeits his seat. intervene in any pecuniary benefit
(ii) The ‘speech or debate’ must be matter before any or where he may
made in performance of their duties as or employment in the
Government or any office of the be called upon to
members of Congress. This includes government. act on account of
subdivision, agency
speeches delivered, statements made, votes his office.
or Instrumentality
cast, as well as bills introduced, and other
thereof, including
activities done in performance of their GOCCS or their Sec. 15: REGULAR AND SPECIAL SESSIONS
official duties. subsidiaries.
2. Legislators cannot IF the office was Regular Sessions:
(iii) Congress need NOT be in session be appointed to any created or the
when the utterance is made, as long as it office. emoluments 1.) Congress convenes once every year on
forms part of ‘legislative action,’ i.e. part of thereof increased the 4th Monday of July (unless otherwise
the deliberative and communicative process during the term provided for by law)
used to participate in legislative proceedings for which he was
in consideration of proposed legislation or elected. 2.) Continues in session for as long as it
with respect to other matters with Congress’ 3. Legislators cannot During his term of sees fit, until 30 days before the opening of
jurisdiction. personally appear as office.
the next regular session, excluding
counsel before any
Saturdays, Sundays, and legal holidays.
court of justice,
Sec. 12. All Members of the Senate and the
electoral tribunal,
House of Representatives shall, upon Special Sessions:
quasi-judicial and
assumption of office, make a full disclosure administrative
of their financial and business interests. bodies. Called by the President at any time when
They shall notify the House concerned of a 4. Legislators cannot During his term of Congress is not in session.
potential conflict of interest that may arise be financially office.
from the filing of a proposed legislation of interested directly or Sec. 16. Officers:
which they are authors. indirectly in any
contract with or in 1.) Senate President;
any franchise, or

2.) Speaker of the House; and
3.) Each House may choose such other
officers as it may deem necessary.
Election of Officers
By a majority vote of all respective members.
Quorum to do business:
1. Majority of each House shall constitute a
quorum.
2. A smaller number may adjourn from day
to day and may compel the attendance of
absent members.
3. In computing a quorum, members who are
outside the country and thus outside of each
House’s coercive jurisdiction are not
included.
Internal Rules:
1. Each House shall determine its own
procedural rules.
2. Since this is a power vested in Congress as
part of its inherent powers, under the
principle of separation of powers, the courts
cannot intervene in the implementation of
these rules insofar as they affect the
members of Congress.
3. Also, since Congress has the power to
make these rules, it also has the power to
ignore them when circumstances so require.
Discipline:
1.) Suspension
a. Concurrence of 2/3 of ALL its members
and
b. Shall not exceed 60 days.
2.) Expulsion
Concurrence of 2/3 of ALL its members.
Congressional Journals and Records:
1.) The Journal is conclusive upon the
courts.
2.) BUT an enrolled bill prevails over the
contents of the Journal.
3.) An enrolled bill is the official copy of
approved legislation and bears the
certifications of the presiding officers of each
House. Thus, where the certifications are
valid and are not withdrawn, the contents of
the enrolled bill are conclusive upon the
courts as regards the provision of that
particular bill.
Adjournments:
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1.) Neither House can adjourn for more
than 3 days during the time Congress is in
session without the consent of the other
House.
2.) Neither can they adjourn to any other
place than that where the two houses are
sitting, without the consent of the other.
Section 17: THE ELECTORAL TRIBUNAL
The Senate and the House shall each have an
Electoral Tribunal which shall be composed
of:
3 Supreme Court Justices to be designated
by the Chief Justice; &
6 Members of the Senate or House, as the
case may be.
The senior Justice in the Electoral Tribunal
shall be its Chairman.
Note: The congressional members of the ET’s
shall be chosen on the basis of proportional
representation from the political parties and
party-list organizations.
Jurisdiction:
1.) Each ET shall be the sole judge of all
CONTESTS relating to the election, returns,
and qualifications of their respective
members. This includes determining the
validity or invalidity of a proclamation

declaring a particular candidate as the
winner.
2.) An ‘election contest’ is one where a
defeated candidate challenges the
qualification and claims for himself the seat
of a proclaimed winner.
3.) In the absence of an election contest,
the ET is without jurisdiction. However, the
power of each House to expel its own
members or even to defer their oath-taking
until their qualifications are determined may
still be exercised even without an election
contest.
Issues regarding the Electoral Tribunals:
1.) Since the ET’s are independent
constitutional bodies, independent even of
the House from which the members are
respectively taken, neither Congress nor the
Courts may interfere with procedural
matters relating to the functions of the ET’s,
such as the setting of deadlines or filing their
election contests with the respective ETs.
2.) The ETs being independent bodies, its
members may not be arbitrarily removed
from their positions in the tribunal by the
parties which they represent. Neither may
they be removed for not voting according to
party lines, since they are acting
independently of Congress.
3.) The mere fact that the members of
either the Senate or the House sitting on the
ET are those which are sought to be
disqualified due to the filing of an election
contest against them does not warrant all of
them from being disqualified from sitting in
the ET. The Constitution is quite clear that
the ET must act with both members from the
SC and from the Senate or the House. If all
the legislator-members of the ET were to be
disqualified, the ET would not be able to
fulfill its constitutional functions.
4.) Judicial review of decisions of the ETs
may be had with the SC only insofar as the
decision or resolution was rendered without
or in excess of jurisdiction or with grave
abuse of discretion constituting denial of due
process.
Section 18: THE COMMISSION ON
APPOINTMENTS
Composition:
1.) Senate President as ex-officio chairman;
2.) 12 Senators; and
3.) 12 Members of the House.
Note: The 12 Senators and 12
Representatives are elected on the basis of
proportional representation from the
political parties and party-list organizations.
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Voting/Action
1.) The chairman shall only vote in case of a
tie.
2.) The CA shall act on all appointments
within 30 session days from their submission
to Congress.
3.) The Commission shall rule by a majority
vote of all the Members.
Jurisdiction
1.) CA shall confirm the appointments by
the President with respect to the following
positions:
Heads of the Executive Departments (except
if it is the Vice-President who is appointed to
the post).
Ambassadors, other public ministers or
consuls.
Officers of the AFP from the rank of Colonel
or Naval Captain: and
Other officers whose appointments are
vested in him by the Constitution (e.g.
COMELEC members).
2.) Congress CANNOT by law prescribe that
the appointment of a person to an office
created by such law shall be subject to
confirmation by the CA.

3.) Appointments extended by the
President to the above-mentioned positions
while Congress is not in session shall only be
effective until disapproval by the CA or until
the next adjournment of Congress.
Meetings of the CA
1.) CA meets only while Congress is in
session.
2.) Meetings are held either at the call of
the Chairman or a majority of all its
members.
3.) Since the CA is also an independent
constitutional body, its rules of procedure
are also outside the scope of congressional
powers as well as that of the judiciary.
Note: The ET and the CA shall be constituted
within 30 days after the Senate and the
House of Representative shall have been
organized with the election of the President
and the Speaker.
Privileges of Senators
Salaries
The salaries of members of the Senate is
governed by Article VI of the Constitution as
follows:
Sec. 10. The salaries of Senators and
Members of the House of Representatives
shall be determined by law. No increase in
said compensation shall take effect until
after the expiration of the full term of all the
members of the Senate and the House of
Representatives approving such increase.
Sec. 20. The records and books of accounts
of 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.
It must be noted that in accordance with the
above provisions, there is no prohibition
against the receipt of allowances by the
members of Congress. The second section,
on the other hand, seeks to avoid the
recurrence of the abuses committed by the
members of the Old Congress in allotting
themselves fabulous allowances the amount
of which they refused to divulge to the
people. It is now provided under the
Constitution that the books of accounts of
Congress shall be open to public inspection
and must be audited by the Commission on
Audit. Moreover, every member of Congress’
itemized expenditures, including allowances,
shall be published annually for the
information of the people.
It is interesting to note that the Constitution
in Section 17, Article XVIII, provides the
corresponding salaries of Senators, to wit:
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Until the Congress provides otherwise, the
President shall receive an annual salary of
three hundred thousand pesos; the Vice-
President, the President of the Senate, the
Speaker of the House of Representatives,
and the Chief Justice of the Supreme Court,
two hundred forty thousand pesos each; the
Senators, the members of the House of
Representatives, the Associate Justices of
the Supreme Court, and the Chairmen of the
Constitutional Commissions, two hundred
four thousand pesos each; and the Members
of the Constitutional Commissions, one
hundred eighty thousand pesos each.
However, under Joint Resolution No. 1, the
salaries of the members of the Senate is
increased to salary grade 33 with monthly
equivalent rate of P35,000.00. The Senate
President, on the other hand, is raised to
salary grade 34 with a monthly basic salary
of P40,000.00.
Parliamentary Immunities
A. Privilege from Arrest
One of the privileges that a member of
Congress enjoys is the privilege from arrest.
In this regard, Section 11, Article VI, of the
Constitution provides as follows:
A Senator or Member of the House of
Representatives shall, in all offenses
punishable by not more than six years

imprisonment, be privileged from arrest
while the Congress is in session. No member
shall be questioned nor be held liable in any
other place for any speech or debate in
Congress or in any committee thereof.
This privilege is intended to insure
representation of the constituents by the
members of Congress. In Vera vs. Avelino,
the Supreme Court, quoting a decision of the
United States Supreme Court, explained for
whose benefit the right to parliamentary
immunity is secured:
These privileges are thus secured not with
the intention of protecting the members
against prosecutors for their own benefit,
but to support the rights of the people, by
enabling their representatives to execute the
function of their office without fear of
prosecution, civil or criminal.
A member of Congress could only be
suspended by the House of which he is a
member and only for the purpose of self-
preservation or self-protection. To protect a
member of Congress from oppression, even
this power has been circumscribed by the
1935 Constitution and further limited by the
1987 Constitution.
The rationale for this was expressed by the
Supreme Court as early as 11 September
1924 in Alejandrino vs. Quezon:
It is noteworthy that the Congress of the
United States shall not in all its long history
suspend a member. And the reason is
obvious. Punishment by way of reprimand or
fine vindicates the outraged dignity of the
House without depriving the constituency of
representation; expulsion, when permissible,
likewise vindicates the honor of the
legislative body while giving to the
constituency an opportunity to elect anew;
but suspension deprives the electoral district
of representation without that district being
afforded any means by which to fill the
vacancy. By suspension, the seat remains
filled, but the occupant is silenced.
B. Privilege of Speech and Debate
1. Bases of the Privilege
1.1. Constitutional Basis
Privilege speech is a parliamentary privilege
enjoyed by a Member of Congress provided
for in Section 11, Article VI of the
Constitution. It states as follows:
Sec. 11. A Senator or Member of the House
of Representatives shall, in all offenses be
punishable by not more than six years
imprisonment, be privileged from arrest
while the Congress is in session. No Member
shall be questioned nor be held liable in any
other place for any speech or debate in
Congress or in any committee thereof.
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1.2 Rules of the Senate
This is contained in Section 110, Rule XL,
Rules of the Senate, which provides as
follows:
Sec. 110. After the consideration of the
matters contained in the Calendar for Special
Orders, a Senator may forthwith request for
and avail of the privilege to speak for one (1)
hour on any matter of public interest.
If more than one (1) Senator wish to avail of
the same privilege, the Senator who first
announced his intention shall be given
priority.
The period of time allowed in this section
may, upon motion of the Senator on the
floor be extended for such time as may be
necessary for him to finish his speech unless
a majority of all the Senators vote against
such extension.
2. Purpose of the Privilege
Members of Congress cannot be prosecuted
for any words spoken in debate or in
connection with voting or used in written
reports or with things generally done in a
session of either House in relation to the
business before it. This protection is
extended to them during the session on the
occasion of the exercise of their functions

either in their respective chambers or in joint
assembly, or in committees or commission.
The purpose of this privilege of speech or
debate is not to protect the members
against prosecutions for their own benefit
but to enable them as representatives of the
people to execute the functions of their
office without fear of prosecution, civil or
criminal. As held in the case of Osmeña v.
Pendatun, the Supreme Court took the
occasion of defining the purpose of the
privilege. It ruled:
Our Constitution enshrines parliamentary
immunity which is a fundamental privilege
cherished in every legislative assembly of the
democratic world. As old as the English
Parliament, its purpose is to enable and
encourage a representative of the public to
discharge his public trust with firmness and
success for it is indispensably necessary that
he should enjoy the fullest liberty of speech,
and that he should be protected from the
resentment of every one, however,
powerful, to whom the exercise of that
liberty may occasion. Such immunity has
come to this country from the practices of
Parliament as construed and applied by the
Congress of the United States. Its extent and
application remain no longer in doubt insofar
as related to the question before us. It
guarantees the legislator complete freedom
of expression without fear of being made
responsible in criminal or civil actions before
the courts or any other forum outside of the
Congressional hall. But it does not protect
him from responsibility before the legislative
body itself whenever his words and conduct
are considered by the latter disorderly or
unbecoming to a member thereof.
3. Precedents and Practices
The following are some of the precedents
and practices observed in the previous
sessions of Congress concerning the privilege
speech:
3.1. When It Can and When It Cannot
It has been ruled that the privilege granted
under this section cannot be availed of when
the House has already proceeded to transact
its business, such as the consideration of
bills. But in a certain case, when the House
was already considering unfinished business
or business for the day, a member was
permitted, through a motion unanimously
approved, to deliver a short speech on an
important case in his province. A member
availing himself of such a privilege was
entitled to one full hour. Having the floor on
the privilege hour, he could not be forced to
yield to interpellations.
The one-hour privilege not having expired
yet, a member, who requested only 10
minutes in order to deliver his speech, was
allowed to use the rest of the hour. He could
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not be precluded from continuing with his
speech until the one hour was consumed.
3.2. On Request for Reservation
On point of order whether preference be
given to a member who requests a previous
reservation over any member who stands up
on the floor ahead of the former, it has been
held that an unwritten rule, sanctioned by
immemorial practice, establishes such a
preference. A request for reservation to use
the privilege hour on a future date made on
the floor by a member is recorded in the
Journal.
The time of a member automatically expires
the moment he takes his seat and,
consequently, he cannot answer questions
unless an extension of his time is granted by
unanimous consent. The one-hour privilege
can be extended only by unanimous consent.
3.3. Decorum on Speech
A member, availing himself of the privilege
hour, may refuse interpellations, but he may
be advised by the Chair not to use any
improper language. He should use a
language in conformity with the decorum
and dignity of the House.
The Chair entertained a motion to delete
from the Record a portion of a member’s
speech under the privilege hour as
unparliamentary for being against the dignity
and integrity of the members, and when

submitted by the Chair to the House, the
motion was approved.
When a member attacks the leadership of
the House, he may be declared out of order
and deprived further use of the privilege
hour.
A member should, during the privilege hour,
refrain from making personal allusions to any
member. In availing himself of the privilege
hour, a member may, under his own
responsibility, speak against an absent fellow
member. It is indecorous of the Senate
during a privilege speech.
In the exercise of his one- hour privilege, a
member can speak on any subject of
national interest, and he may even criticize
the President on the appointment of certain
persons to the government. But delivering
speeches attacking the Chief Executive
constitutes disorderly conduct for which a
member may be suspended or expelled from
the House as a disciplinary action. The Chair
sustained a point of order which asked for
deletion from the Record, as
unparliamentary, parts of the privilege
speech attacking the Catholic religion.
3.4. Interpellation
A member having the floor to avail himself of
the privilege hour may refuse to yield to
interpellation or yield for information. He
cannot be forced to yield to another so that,
in turn, the latter can answer questions.
It is in order for a member interpellating to
lay the premises of his question. He may
interpellate in the manner he so desires and
use any of the official languages even if
different from that used by the member who
has the floor.
A member on the floor using the remaining
portion of the privilege hour may stop
yielding to further interpellations.
The time consumed by interpellation is
counted against a member who has the
floor; that is the reason why he has the
option to yield or not to questions.
3.5. Precedence and Interruption
The House sustained the Chair that after the
reading of the order of business, the one-
hour privilege has precedence over any
other matters, such as question of privilege.
A member availing himself of the one-hour
privilege may yield to further interpellation,
but he cannot be interrupted except by a
point of order. He cannot be deprived of the
floor except with his consent, and he may
deliver his speech in such manner as he
pleases as long as he speaks with due
decorum. The Chair did not entertain a
motion referring a one-hour privilege speech
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to a committee on the ground that while a
member is enjoying the privilege, he cannot
be deprived of the floor except by a point of
order.
3.6. Extension of Time
After a member has consumed the privilege
hour, no extension of time for the privilege
can be granted if there is an objection to the
motion for such extension.
An objection to a motion for extension of the
one-hour privilege is not debatable.
The one-hour privilege can no longer be
extended when, after its delivery, the
member using the privilege sits down,
thereby forfeiting his right to continue.
When a member sits down after the
expiration of his one-hour privilege, his time
can no longer be extended.
A member who has the privilege hour may
yield a portion of it to another member.
When a member ceded a portion of his one-
hour privilege, such a portion could not,
without his consent, be extended to more
than the number of minutes agreed upon.
A member using the remaining portion of
the privilege hour may refuse any
interpellation in order to save the time left
for him.
3.7. Reference Speech

The Chair entertained a motion to refer a
privilege speech to a committee after it had
been delivered on the floor.
3.8. Stricken Off the Record
On motion approved by the House, the
whole speech including interpellations, was
stricken off the record for being
unparliamentary.
During the privilege hour, the Chair motu
proprio ordered stricken off the record the
word "dishonorable" uttered with reference
to the members of the House by the
member interpellating.
4. Relevance
4.1. No assured government by the people
unless their representatives possesses this
privilege.
There could be no assured government by
the people, unless their representatives had
unquestioned possession of this privilege.
Thus, only the House of Commons was
concerned in its vindication, and only in its
connection with that House could it be a
matter of constitutional importance. The
Lords, of course, possess the right equally
with the Commons, and thus it is considered
one of the common privileges of Parliament.
But it seems never to have been an issue
with the Lords. As Stubbs says, "he would
have been a bold King indeed who had
attempted to stop discussion in the House of
Lords."
4.2. To protect independence and integrity
of Congress and to reinforce separation of
powers.
In U.S. vs. Johnson, Justice John Marshall
Harlan said that the purpose of the speech or
debate clause is prophylactic, that it was
adopted by the Constitutional Convention
(without discussion or opposition) because
of the English experience with the intent to
protect the independence and integrity of
Congress and to reinforce the separation of
powers by preventing an unfriendly
executive and a hostile judiciary appointed
by the executive from reaching a
congressional activity for evidence of
criminality.
4.3. Basis of corrective legislative measures.
In practice, many subjects of privilege
speeches are the bases of consequent
appropriate committee investigations of
legislative bodies, and these may result to
corrective measures being filed on the basis
of such committee investigations. It appears
to be co-extensive with the range of
legislative power, like the range of legislative
inquiry together with its limitations.
11
4.4. To voice out dissent, the essence of
democracy.
It is the best outlet of the people and of the
opposition to ventilate anomalies in govern-
ment and misgovernment, to express their
concerns and sentiments thru their
representatives in legislative bodies. In short,
to voice out dissent is the essence of
democracy.
5. Scope of Privilege Speech:
Personal and Collective
A question of privilege consists of a question
affecting the rights of the Senate collectively
or of its members individually including its
privileges, reputation, conduct, decorum,
dignity and integrity of proceedings.
A Senator may rise to a question of personal
privilege at any time, but he cannot interrupt
or take another Senator from the floor for
that purpose without the latter’s consent.
However, the reading of the Journal cannot
be interrupted by a question of personal
privilege neither can a question of privilege
be raised when there is no quorum or when
the roll is being called.
Under this provision, a member of the
Senate may raise a question of privilege by a
statement or remark on the floor and if

sustained by the Chair, the member is
entitled to speak.
After the privilege speech of a Senator,
another member was recognized on a
question of personal privilege to clarify
certain matters in which he participated and
which was left out in the privilege speech of
the former.
A member rose to speak on a question of
personal privilege as his name was linked in a
news item which was considered as a
malicious publication.
Franking Privilege
Republic Act No. 69 remains a good law. It
expressly grants members of Congress the
transmission free of charge within the
Philippines of mail matters. Sections 1 and 2
of this law provide as follows:
All mail matter of Senators and of members
of the House of Representatives of the
Philippines, addressed for delivery within the
Philippines, shall be received, transmitted
and delivered in the mails of the Philippines
free of postage: Provided, That each such
mail matter when addressed to persons or
offices other than government officers or
offices shall not exceed one hundred and
twenty grams in weight.
The envelope or wrapper of such mail matter
shall bear on the left upper corner the name
and official designation of the official sending
the mail matter, and the words "Senate of
the Philippines," or "House of
Representatives," as the case may be, and on
the right upper corner the words "Penalty
for private or unauthorized use to avoid
payment of postage, P500.00."
Suspension and Disqualification
Manner of Imposing Discipline
Section 16(3), Article VI of the Constitution
provides the manner in which members of
the Senate may be disciplined, suspended or
expelled. It provides as follows:
Each House may determine the rules of its
proceedings, punish its Members for
disorderly behavior, and with the
concurrence of two-thirds of all its Members,
suspend or expel a Member. A penalty of
suspension, when imposed, shall not exceed
sixty days.
Rules of proceedings are needed for the
orderly conduct of the sessions of Congress.
Unless such rules violate fundamental or
individual rights, they are within the
exclusive discretion of each House to
formulate and interpret and may not be
judicially reversed.
12
Without the above provision, the authority
to discipline its members can still be
exercised by each House as an inherent
power, with the concurrence of a majority
vote, conformably to the general rule on the
will of the majority. With this provision, the
disciplinary power is not so much expressly
conferred as limited because of the specific
conditions laid down for its proper exercise.
Thus, the courts may annul any expulsion or
suspension of a member that is not
concurred in by at least two-thirds of the
entire body or any suspension meted out by
the legislature, even with the required two-
thirds vote, as to any period in excess of the
60-day maximum duration. These are
procedural matters and therefore justiciable.
But the interpretation of the phrase
"disorderly behavior" is the prerogative of
Congress and cannot as a rule be judicially
reviewed. The matter comes in the category
of a political question. Accordingly, the
Supreme Court did not interfere when the
legislature declared that the physical assault
by one member against another, or the
delivery of a derogatory speech which the
member was unable to substantiate,
constituted "disorderly behavior" and
justified the adoption of disciplinary
measures.
Other disciplinary measures besides
expulsion and suspension are deletion of

unparliamentary remarks from the record,
fine, imprisonment and censure, sometimes
called "soft impeachment."
Inhibitions and Disqualifications
The Constitution provides in Section 14,
Article VI the grounds of inhibitions and
disqualifications for members of Congress.
It provides as follows:
No Senator or member of the House of
Representatives may personally appear as
counsel before any court of justice or before
the Electoral Tribunals, or quasi-judicial and
other administrative bodies. Neither shall he,
directly or indirectly, be interested financially
in any contract with, or in any franchise or
special privilege granted by the Government,
or any subdivision, agency, or
instrumentality thereof, including any
government-owned or controlled
corporation, or its subsidiary, during his term
of office. He shall not intervene in any matter
before any office of the Government for his
pecuniary benefit or where he may be called
upon to act on account of his office.
Appearance of the legislator is now barred
before all courts of justice, regardless of
rank, composition, or jurisdiction. The
disqualification also applies to the revived
Electoral Tribunal and to all administrative
bodies, like the Securities and Exchange
Commission and the National Labor
Relations Commission. Courts martial and
military tribunals, being administrative
agencies, are included.
The purpose of the disqualifications is to
prevent the legislator from exerting undue
influence, deliberately or 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
or, in the case of the Electoral Tribunal, his
close association with its members. This is
the reason the prohibited appearance must
be personal. The lawyer-legislator may still
engage in the practice of his profession
except that when it comes to trials and
hearings before the bodies above-
mentioned, appearance may be made not by
him but by other members of his law office.
In Puyat v. De Guzman, a legislator entered
his appearance as counsel for one of the
parties to an intracorporate dispute before
the Securities and Exchange Commission. He
desisted when his representation was
challenged under the above-mentioned
section. Thereafter, he purchased P200
worth of stocks in the corporation from the
faction he was representing and sought to
intervene in the said dispute, this time as a
stockholder. The Supreme Court did not
allow him to do so as his evident purpose
13
was to circumvent the constitutional
prohibition. Justice Melencio Herrera
declared:
Under those facts and circumstances, we are
constrained to hold that there has been an
indirect appearance as counsel before xxx an
administrative body’ and in our opinion, that
is circumvention of the constitutional
prohibition. The intervention was an
afterthought to enable him to appear
actively in the proceeding in some other
capacity. To believe the avowed purpose,
that is, to enable him eventually to vote and
to be elected as Director in the event of an
unfavorable outcome of the SEC case, would
be pure naivete. He would still appear as
counsel indirectly.
Legislators are prohibited from being
financially interested in any contract with the
government or any subdivision, agency or
instrumentality thereof, including
government-owned or controlled
corporations, or in any franchise or special
privilege granted by any of these during their
term of office, because of the influences they
can easily exercise in obtaining these
concessions. The idea is to prevent abuses
from being committed by the members of
Congress to the prejudice of the public
welfare and particularly of legitimate
contractors with the government who
otherwise might be placed at a

disadvantageous position vis-à-vis the
legislator.
It should be noted, though, that not every
transaction with the government is barred by
this provision. The contracts referred to here
are those involving "financial interest," that
is, contracts from which the legislator
expects to derive some profit at the expense
of the government. An illustration is a
contract for public works or the sale of office
equipment or supplies to the government.
By contrast, it cannot be said that the
legislator will profit financially from a
contract of carriage with a government
instrumentality like the PAL since it is the
carrier that will benefit from the passenger’s
fare.
The last sentence restores an inhibition
originally imposed by the 1935 Constitution.
Although this provision has never been
judicially interpreted, it may be surmised
that the rule shall apply to the case, say, of
the chairman of the committee on banks
serving as legislative consultant for a private
bank.
Conflict of Interests
The provisions in Section 12, Article VI of the
Constitution are intended to ensure the
probity and objectivity of the members of
Congress.
There are some persons who may be
tempted to run for Congress not because of
a desire to serve the people but precisely for
the protection or even enhancement of their
own interests. 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. In some
countries, businessmen are required to
unload their stockholdings as these might
affect their official acts or at least lead to
suspicion of chicanery or impropriety in the
discharge of their duties in the government.
Incompatible and Forbidden Offices
Under Section 13, Article VI of the
Constitution, it states some other
disqualifications by which a member of
Congress may hold office, to wit:
Sec. 13. No Senator or Member of the House
of Representatives may hold any other office
or employment in the Government, or any
subdivision, agency, or instrumentality
thereof, including government-owned or
controlled corporations or 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.
14
The first part of this section refers to what
are known as incompatible offices, which
may not be held by the legislator during his
tenure in Congress. The purpose is to
prevent him from owing loyalty to another
branch of the government, to the detriment
of the independence of the legislature and
the doctrine of separation of powers.
The prohibition 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 Congress. In the
case of the rest of the legislators, any of
them may hold another office or
employment in the government provided he
forfeits, as a result, his position in Congress.
Forfeiture of the legislator’s seat, or
cessation of his tenure, shall be automatic
upon the holding of the incompatible office.
Thus, a congress-man who was elected
provincial governor was deemed to have
automatically forfeited his seat in the House
of Representatives when he took his oath for
the provincial office. No resolution was
necessary to declare his legislative post
vacant.
In Adaza v. Pacana, the petitioner and the
respondent were elected governor and vice-
governor, respectively, of Misamis Oriental.
Both subsequently ran for the Batasang
Pambansa, but only the petitioner won.

Adaza then qualified as a member of the
lawmaking body, whereupon Pacana
assumed the governorship as statutory
successor. Adaza challenged Pacana’s
takeover, contending that under the
parliamentary system a legislator could
concurrently serve as governor; hence, there
was no vacancy in the governorship that
Pacana could fill. Through Justice Escolin, the
Court unanimously rejected this argument
and held that Adaza automatically forfeited
the governorship the moment he took his
oath as a member of the Batasang
Pambansa.
The constitutional prohibition against a
member of the Batasang Pambansa from
holding any other office or employment in
the government during his tenure is clear.
Section 10, Article VIII of the 1973
Constitution provides as follows:
Sec. 10. A Member of the National Assembly
shall not hold any other office or
employment in the government or any
subdivision, agency or instrumentality
thereof, including government-owned or
controlled corporations, during his tenure,
except that of prime minister or member of
the cabinet. xxx
The language used in the above-cited section
is plain. The only exceptions mentioned
therein are the offices of prime minister and
cabinet member. The wisdom or expediency
of the said provision is a matter which is not
within the province of the Court to
determine.
A public office is a public trust. It is created
for the interest and the benefit of the
people. As such, a holder thereof is subject
to such regulations and conditions as the law
may impose and he cannot complain of any
restrictions which public policy may dictate
on his holding of more than one office. It is
therefore of no avail to petitioner that the
system of government in other states allows
a local elective official to act as an elected
member of the parliament at the same time.
The dictate of the people in whom legal
sovereignty lies is explicit. It provides no
exceptions save the two offices specifically
cited in the above-quoted constitutional
provision. Thus, while it may be said that
within the purely parliamentary system of
government no incompatibility exists in the
nature of the two offices under
consideration, as incompatibility herein
present is one created by no less than the
Constitution itself. In the case at bar, there is
no question that petitioner has taken his
oath of office as an elected Mambabatas
Pambansa and has been discharging his
duties as such. In the light of the oft-
mentioned constitutional provision, this fact
operated to vacate his former post and he
cannot now continue to occupy the same,
nor attempt to discharge its functions.
15
But not every other office or employment is
to be regarded as incompatible with the
legislative position. For example,
membership in the Electoral Tribunal is
permitted by the Constitution itself.
Moreover, if it can be shown that the second
office is an extension of the legislative
position or is in aid of legislative duties, the
holding thereof will not result in the loss of
the legislator’s seat in Congress.
Accordingly, the chairmen of the Senate and
House committees on education retain their
seats in Congress while sitting concurrently
as ex-officio members in the U.P. Board of
Regents. Legislators who serve as treaty
negotiators under the President of the
Philippines continue to sit in Congress,
where they can better work for the approval
of the treaty and the passage of the needed
implementing legislation.
But even if a member of Congress is willing
to forfeit his seat therein, he may not be
appointed to any civil office in the
government that has been created or the
emoluments thereof have been increased
while he was incumbent in the legislature.
Such a position is a forbidden office.
The purpose is to prevent trafficking in public
office. Were the rule otherwise, certain
legislators, especially those not sure of
reelection, might be able to work for the
creation or improvement of lucrative

positions and, in combination with the
President, arrange for their appointment
thereto in order to provide for their future
security at the expense of the public service.
Notably, this provision does not apply to
elective offices, which are filled by the voters
themselves.
The appointment of a member of Congress
to the forbidden office is not allowed only
during the term for which he was elected,
when such office was created or its
emoluments were increased. After such
term, and even if the legislator is reelected,
the disqualification no longer applies and he
may therefore be appointed to the office.
Sections 21-22: LEGISLATIVE INQUIRIES
Scope:
1. Either House or any of their committees
may conduct inquires ‘in aid of legislation’.
2. “In aid of legislation” does not mean that
there is pending legislation regarding the
subject of the inquiry. In fact, investigation
may be needed for purposes of proposing
future legislation.
3. If the stated purpose of the investigation is
to determine the existence of violations of
the law, the investigation is no longer ‘in aid
of legislation’ but ‘in aid of prosecution’.
This violates the principle of separation of
powers and is beyond the scope of
congressional powers.
Enforcement:
Since experience has shown that mere
requests for information does not usually
work, Congress has the inherent power to
punish recalcitrant witnesses for contempt,
and may have them incarcerated until such
time that they agree to testify.
The continuance of such incarceration only
subsists for the lifetime, or term, of such
body. Once the body ceases to exist after its
final adjournment, the power to incarcerate
ceases to exist as well. Thus, each ‘Congress’
of the House lasts for only 3 years. But if one
is incarcerated by the Senate, it is indefinite
because the Senate, with its staggered
terms, is a continuing body.
BUT, in order for a witness to be subject to
this incarceration, the primary requirement
is that the inquiry is within the scope of
Congress’ powers. i.e. it is in aid of
legislation.
The materiality of a question is determined
not by its connection to any actually pending
legislation, but by its connection to the
general scope of the inquiry.
The power to punish for contempt is
inherent in Congress and this power is sui
16
generis. It cannot be exercised by local
government units unless they are expressly
authorized to do so.
Limitations:
1. The inquiry must be conducted in
accordance with the ‘duly published rules of
procedure’ of the House conducting the
inquiry; and
2. The rights of persons appearing in or
affected by such inquiries shall be respected.
Ex. The right against self-incrimination.
Appearance by department heads before
Congress:
1. Since members of the executive
department are co-equals with those of the
legislative department, under the principle
of separations of powers, department heads
cannot be compelled to appear before
Congress.
2. Neither may the department heads
impose their appearance upon Congress.
3. Department heads may appear before
Congress in the following instances.
4. Upon their own initiative, with the
consent of the President (and that of the
House concerned); or

5. Upon the request of either House (which
cannot compel them to attend)
6. The appearance will be conducted in
EXECUTIVE SESSION when:
7. Required by the security of state or
required by public interest; and
8. When the President so states in writing
Sections 23-24. DECLARATION
WAR/EMERGENCY POWERS
Vote requirement: (to declare the existence
of a state of war)
1. 2/3 of both Houses, in joint session
2. Voting separately
Emergency powers:
1. During times of war or other national
emergency, Congress may, BY LAW,
authorize the President to exercise powers
necessary and proper to carry out a declared
national policy.
Limitations:
1. Powers will be exercised for a limited
period only; and
2. Powers will be subject to restrictions
prescribed by Congress
Expiration of emergency powers
1. By resolution of Congress or
2. Upon the next adjournment of Congress
Sections 24-27, 30-31 LEGISLATION
Bills that must originate from the House of
Representatives (Section 24)
CODE: A R T Pu Lo P
OF 1. Appropriation bills
2. Revenue bills
3. Tariff bills
4. Bills authorizing the increase of public
debt
5. Bills of local application
6. Private bills
Note: The Senate may, however, propose or
concur with amendments.
Appropriation bills
1. The primary and specific aim of an
appropriation bill is to appropriate a sum of
money from the public treasury.
2. Thus, a bill enacting the budget is an
appropriations bill.
3. BUT: A bill creating a new office, and
appropriating funds therefor is NOT an
appropriation bill.
Revenue Bill
17
1. A revenue bill is one specifically designed
to raise money or revenue through
imposition or levy.
2. Thus, a bill introducing a new tax is a
revenue bill, but a provision in, for instance,
the Videogram Regulatory Board law
imposing a tax on video rentals does not
make the law a revenue bill.
Bills of local application
A bill of local application, such as one asking
for the conversion of a municipality into a
city, is deemed to have originated from the
House provided that the bill of the House
was filed prior to the filing of the bill in the
Senate even if, in the end, the Senate
approved its own version.
Limitations:
For appropriation bills:
1. Congress cannot increase the
appropriations recommended by the
President for the operation of the
Government as specified in the budget.
2. Each provision or enactment in the
General
3. Appropriations Bill must relate specifically
to some particular appropriation therein and
any such provision or enactment must be
limited in its operation to the appropriation
to which it relates.

4. The procedure in approving
appropriations for Congress shall strictly
follow the procedure for approving
appropriations for other departments and
agencies.
5. A special appropriations bill must specify
the purpose for which it is intended and
must be supported by funds actually
available as certified by the National
Treasurer or to be raised by a corresponding
revenue proposal therein.
Transfer of appropriations:
Rule: No law shall be passed authorizing any
transfer of appropriations
BUT the following may, BY LAW, be
authorized to AUGMENT any item in the
general appropriations law for their
respective offices from savings in other items
of their respective appropriations:
 President
 President of the Senate
 Speaker of the House of
Representatives
 Chief of Justice of the Supreme Court
 Heads of the Constitutional
Commissions
Discretionary funds appropriated for
particular officials shall be:
 Disbursed only for public purposes;
 Should be supported by appropriate
vouchers; and
 Subject to guidelines as may be
prescribed by law.
If Congress fails to pass General
Appropriations Bill (GAB) by the end of any
fiscal year:
i. The GAB for the previous year is deemed
reenacted
ii. It will remain in full force and effect until
the GAB is passed by Congress.
For law granting tax exemption
It should be passed with the concurrence of
a MAJORITY of ALL the members of
Congress.
 For bills in general
 Every bill shall embrace only one (1)
subject, as expressed in the title
thereof
i. As a mandatory requirement
ii. The title does not have to be a
complete catalogue of everything stated in
the bill. It is sufficient if the title expresses
the general subject of the bill and all the
provisions of the statute are germane to that
general subject.
iii. A bill which repeals legislation
regarding the subject matter need not state
in the title that it is repealing the latter.
Thus, a repealing clause in the bill is
18
considered germane to the subject matter of
the bill.
Readings
1. In order to become a law, each bill must
pass three (3) readings in both Houses.
2. General rule: Each reading shall be held on
separate days & printed copies thereof in its
final form shall be distributed to its Members
three (3) days before its passage.
3. Exception: If a bill is certified as urgent by
the President as to the necessity of its
immediate enactment to meet a public
calamity or emergency, the 3 readings can
be held on the same day.
4. First reading – only the title is read; the bill
is passed to the proper committee
Second reading – Entire text is read and
debates are held, and amendments
introduced.
Third reading – only the title is read, no
amendments are allowed. Vote shall be
taken immediately thereafter and the yeas
and nays entered in the journal.
Veto power of President:
 Every bill, in order to become a law,
must be presented to and signed by
the President.
 If the President does not approve of
the bill, he shall veto the same and

return it with his objections to the
House from which it originated. The
House shall enter the objections in
the Journal and proceed to
reconsider it.
 The President must communicate his
decision to veto within 30 days from
the date of receipt thereof. If he
fails to do so, the bill shall become a
law as if he signed it.
 This rule eliminates the ‘pocket veto’
whereby the President would simply
refuse to act on the bill.
To OVERRIDE the veto, at least 2/3 of ALL the
members of each House must agree to pass
the bill. In such case, the veto is overriden
and becomes a law without need of
presidential approval.
Item veto
 The President may veto particular
items in an appropriation, revenue
or tariff bill.
 This veto will not affect items to
which he does not object.
 Definition of item
Veto of RIDER
1. A rider is a provision which does not relate
to a particular appropriation stated in the
bill.
2. Since it is an invalid provision under
Section 25(2), the President may veto it as an
item.
Specific limitations on legislation
1. No law shall be enacted increasing the
Supreme Court’s appellate jurisdiction
without the SC’s advice and concurrence.
2. No law shall be enacted granting titles of
royalty or nobility.
Section 28. POWER TO TAX
Limitations:
1) The rule of taxation should be
UNIFORM
19
4) The power to tax must be exercised for
a public purpose because the power exists
for the general welfare
5) The due process and equal protection
clauses of the Constitution should be
observed.
Delegation of power to fix rates
1) Congress may, BY LAW, authorize the
President to fix the following:
a) Tariff rates
b) Import and Export Quotas
c) Tonnage and wharfage dues
d) Other duties and imposts
Within the framework of the national
development program of the Government
2) The exercise of such power by the
President shall be within the specified limits
fixed by Congress and subject to such
limitations and restrictions as it may impose.
Constitutional tax exemptions:

TYPE OF BILL ITEM 2) It should be EQUITABLE 1) The following properties are exempt
Revenue/tax bill Subject of the tax from REAL PROPERTY taxes
and the tax rate 3) Congress should evolve a PROGRESSIVE
imposed thereon system of taxation. (CODE: Cha Chu M- CA)
Appropriations bill Indivisible sum
dedicated to a a) Charitable institutions
stated purpose

b) Churches, and parsonages or convents
appurtenant thereto
c) Mosques
d) Non-profit cemeteries; and
e) All lands, buildings and improvements
actually, directly and exclusively used for
religious, charitable, or educational
purposes.
2) All revenues and assets of NON-STOCK
NON-PROFIT EDUCATIONAL institutions are
exempt from taxes and duties PROVIDED
that such revenues and assets are actually,
directly and exclusively used for educational
purposes. (Art. XIV Sec 4 (3))
3) Grants, endowments, donations or
contributions used actually, directly and
exclusively for educational purposes shall be
exempt from tax. This is subject to
conditions prescribed by law. (Art. XIV. Sec 4
(4))
Section 29. Power of the Purse
1) No money shall be paid out of the
National Treasury EXCEPT in pursuance of an
appropriation made by law.
a) This places the control of public funds
in the hands of Congress.
b) BUT: This rule does not prohibit
continuing appropriations. e.g. for debt
servicing. This is because the rule does not
require yearly, or annual appropriation.
2) Limitations.
a) Appropriations must be for a PUBLIC
PURPOSE
b) Cannot appropriate public funds or
property, directly or indirectly, in favor of
(i) Any sect, church, denomination,
or sectarian institution or system of religion
or
(ii) Any priest, preacher, minister, or
other religious teacher or dignitary as such.
EXCEPT if the priest, etc is assigned to:
– the Armed Forces; or
– any penal institution; or
– government orphanage; or
– leprosarium
c) BUT the government is not prohibited
from appropriating money for a valid secular
purpose, even if it incidentally benefits a
religion, e.g. appropriations for a national
police force is valid even if the police also
protects the safety of clergymen.
d) ALSO, the temporary use of public
property for religious purposes is valid, as
20
long as the property is available for all
religions
3) Special Funds
a) Money collected on a tax levied for a
special purpose shall be treated as a special
fund and paid out for such purpose only.
b) Once the special purpose is fulfilled or
abandoned, any balance shall be transferred
to the general funds of the Government
Section 32. INITIATIVE AND REFERENDUM
1) Through the system of initiative and
referendum, 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.
2) Required Petition
a) Should be signed by at least 10% of the
total number of registered voters
b) Every legislative district should be
represented by at least 3% of the registered
voters
c) Petition should be registered
ARTICLE VII – THE EXECUTIVE DEPARTMENT
Section 1. The executive power shall be
vested in the President of the Philippines.

1. a. Define executive power
b. May the President refuse to enforce a
law on the ground that in his opinion it is
unconstitutional?
No. Otherwise, he will be violating the
doctrine of separation of powers because by
doing so, he will be arrogating unto himself
the power to interpret the law, not merely to
implement it.
Read:
1) L.S. MOON & CO. VS. HARRISON, 43
Phil.38
2) GOV’T. VS. SPRINGER, 50 Phil. 529, read
also the separate opinion.
3) What is the extent of the executive or
administrative orders that may be issued by
the President as the Chief Executive, under
the Administrative Code of 1987?
BLAS OPLE VS. RUBEN TORRES, ET AL.
G.R. No. 127685, July 23, 1998
Puno, J.
Facts:
On December 12, 1996, then President
FIDEL V. RAMOS issued Administrative Order
No. 308 entitled “ADOPTION OF A NATIONAL
COMPUTERIZED IDENTIFICATION REFERENCE
SYSTEM”.
The AO seeks to have all Filipino citizens and
foreign residents to have a Population
Reference Number (PRN) generated by the
National Statistics Office (NSO) through the
use of BIOMETRICS TECHNOLOGY.
The AO was questioned by Senator Ople on
the following grounds:
1. The establishment of the PRN
without any law is an unconstitutional
usurpation of the legislative powers of the
Congress of the Philippines;
2. The appropriation of public funds for
the implementation of the said AO is
unconstitutional since Congress has the
exclusive authority to appropriate funds for
such expenditure; and
3. The AO violates the citizen’s right to
privacy protected by the Bill of Rights of the
Constitution.
Held:
1. The AO establishes a system of
identification that is all-encompassing in
scope, affects the life and liberty of every
Filipino citizens and foreign residents and
therefore, it is supposed to be a law passed
by Congress that implements it, not by an
Administrative Order issued by the
President. Administrative Power, which is
supposed to be exercised by the President, is
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concerned with the work of applying policies
and enforcing orders as determined by
proper governmental organs. It enables the
President to fix a uniform standard of
administrative efficiency and check the
official conduct of his agents. Prescinding
from the foregoing precepts, AO 308
involves a subject that is not appropriate to
be covered by an Administrative Order. An
administrative order is an ordinance issued
by the President which relates to specific
aspects in the administrative operation of
the government. It must be in harmony with
the law and should be for the sole purpose
of implementing the law and carrying out the
legislative policy. The subject of AO 308
therefore is beyond the power of the
President to issue and it is a usurpation of
legislative power.
2. The AO likewise violates the right to
privacy since its main purpose is to provide a
“common reference number to establish a
linkage among concerned agencies through
the use of BIOMETRICS TECHNOLOGY.
Biometry is the science of the application of
statistical methods to biological facts; a
mathematical analysis of a biological data. It
is the confirmation of an individual’s identity
through a fingerprint, retinal scan, hand
geometry or facial features. Through the
PRN, the government offices has the chance
of building a huge and formidable
information base through the electronic
linkage of the files of every citizen. The data,

however, may be gathered for gainful and
useful government purposes; but the
existence of this vast reservoir of personal
information constitutes a covert invitation to
misuse, a temptation that may be too great
for some of our authorities to resist.
Further, the AO does not even tells us in
clear and unequivocal terms how these
information gathered shall be handled. It
does not provide who shall control and
access the data and under what
circumstances and for what purpose. These
factors are essential to safeguard the privacy
and guaranty the integrity of the
information. The computer linkage gives
other government agencies access to the
information. YET, THERE ARE NO CONTROLS
TO GUARD AGAINST LEAKAGE OF
INFORMATIONS. WHEN THE ACCESS CODE
OF THE CONTROL PROGRAMS OF THE
PARTICULAR COMPUTER SYSTEM IS BROKEN,
AN INTRUDER, WITHOUT FEAR OF SANCTION
OR PENALTY, CAN MAKE USE OF THE DATA
FOR WHATEVER PURPOSE, OR WORSE,
MANIPULATE THE DATA STORED WITHIN
THE SYSTEM.
AO No. 308 is unconstitutional since it falls
short of assuring that personal information
gathered about our people will be used only
for specified purposes thereby violating the
citizen’s right to privacy.
Sections 2. No person shall be elected
President unless he is a natural born citizen
of the Philippines, a registered voter, able to
read and write, at least forty years o f age on
the day of the election, and a resident o f the
Philippines for at least ten years immediately
preceding the election.
Section 3. There shall be a Vice President
who shall have the same qualifications and
term of office and be elected with and in the
same manner as the President. He may be
removed from Office in the same manner as
the President.
The Vice President may be appointed
as a Member of the cabinet. Such
appointment requires no confirmation.
Note: Section 13, Art. VII. The President,
Vice President, the members of the cabinet,
and their deputies or assistants shall not,
unless otherwise provided in this
Constitution, hold any other office or
employment during their tenure…
Section 8, Article VIII. The Judicial and Bar
Council—–Secretary of Justice..
Section 2, Article XI. The President, VP, …may
be removed from office, on impeachment
for, and conviction of, culpable violation of
the Constitution, treason, bribery, graft and
corruption, other high crimes, or betrayal of
public trust.
22
Section 4. The President and the Vice
President shall be elected by direct vote of
the people for a term of six years which shall
begin at noon on the 30th day of June next
following their election and shall end at noon
of the same date six years thereafter. The
President shall not be eligible for any
reelection. No person who has succeeded as
President and has served as such for more
than 4 years shall be qualified for election to
the same office at any time.
No Vice President shall serve for more than 2
successive terms. Voluntary renunciation of
the office for any length of time shall not be
considered as an interruption in the
continuity of the service for the full term for
which he was elected.
The returns of every election for President
and Vice President duly certified by the
Board of canvassers of each province or city
shall be transmitted to the congress….
The candidate having the highest number of
votes shall be proclaimed elected, but in
case two or more shall have an equal
number of votes, one of them shall forthwith
be chosen by the vote of a majority of all the
members of both Houses of Congress voting
separately.
Section 5…Oath
 23
Section 6. Residence…Salary may not be
decreased…not increased until after the
expiration of his terms…shall not receive any
other emolument from the government of
from any source during their tenure.

Section 7. ..shall assume office at the

beginning of their terms.

…P & VP not qualified, the Senate President

shall act as President or the Speaker, if SP is
not yet qualified..

Congress shall pass a law if the SP & Speaker

are not qualified to act as President…