POLITICAL LAW LEGISLATIVE DEPARTMENT
Legislative Power
 power to propose, enact, amend and
repeal laws
 vested in the Congress except to the
extent reserved to the people by the
provision on initiative and referendum
Initiative and Referendum
 Registration of petition must be signed
by at least 10% of the total number of
registered voters.
o Every legislative district must be
represented by at least 3% of
the registered voters.
Initiative
 power of the people to propose
amendments to the Constitution
 power of the people to propose and
enact legislation through an election
called for the purpose
3 Systems of Initiative
1. Initiative on the Constitution
 petition proposing amendments
to the Constitution
2. Initiative on Statutes
 petition proposing to enact a
national legislation
3. Initiative on Local Legislation
 Petition proposing to enact a
regional, provincial, city,
municipal or barangay law,
resolution or ordinance
Indirect initiative
 exercise of initiative by the people
through a proposition sent to Congress
or local legislative body for action
Referendum
 power of the electorate to approve or
reject legislation through an election
called for the purpose
2 Classes of Referendum
1. Referendum on Statutes
 petition to approve or reject an
act or law, or part thereof,
passed by Congress
2. Referendum on Local Laws
 Petition to approve or reject a
law, resolution or ordinance
enacted by regional assemblies
and local legislative bodies
The following cannot be subject of an initiative
or referendum:
 Petition has more than one subject.
 Statutes involving emergency measures
 Enactment is specifically vested
in Congress by the Constitution.
 Cannot be subject to
referendum until 90 days after
effectivity
Local Initiative (RA 6735, Sec. 13)
 Not less than 2,000 registered
voters in cases of autonomous regions
 1,000 in provinces and cities
 100 in municipalities
 50 in barangays
 May file a petition with the Regional
Assembly or local legislative body
Limitations on Local Initiative
 Shall not be exercised more
than once (1) a year
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POLITICAL LAW LEGISLATIVE DEPARTMENT

 Only subjects or matters within Qualifications of Senator

the legal powers of the local legislative
1. Natural-born citizen
bodies to enact
2. At least 35 years of age on the day of
 Initiative is cancelled.
the election
 If at any time before it is held, the
3. Able to read and write
local legislative body shall adopt in
4. Registered voter
toto the proposition presented.
5. Resident of the Philippines for not less
 If others are against it, they may
than 2 years immediately preceding the
apply for initiative if they so desire.
day of the election
Congress
Term of Office of a Senator
 Senate
 6 years
 House of Representatives
 Commencing at noon on the 30th day of
Basis Unicameral Bicameral June next following their election
Legislature Legislature  Cannot serve for more than 2
Meaning Form of gov’t Comprises 2- consecutive terms
that consist of tier o Voluntary interruption of office
only 1 assemblies
for any length of time shall not
legislative
house or be considered as an
assembly interruption in the continuity of
Powers Concentrated Shared his service for the full term for
System of Unitary Federal which elected.
Govt
Decision on Quick Consumes House of Representatives
Policies decision- time
making  Not more than 250 members unless
Deadlocks Rare Common otherwise provided by law
Suitable for Small Large  Consists of:
countries Countries 1. District representatives
Countries Ex. Sweden, Philippines,  Elected from legislative
Denmark, Ireland,
districts among the
Turkey Romania
provinces, cities and the
Metropolitan Manila
Senate area
2. Party-list representatives
 24 Senators  20% of the total
 Elected at large by the qualified voters number of
of the Philippines, as may be provided representatives, elected
by law through a party-list
system of registered
national, regional and

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POLITICAL LAW LEGISLATIVE DEPARTMENT

sectoral parties or  Each city with not less than 250,000

organizations inhabitants shall be entitled to at least 1
3. Sectoral representatives representative
 ½ of the seats allocated  Each province, irrespective of number of
to the Party-list inhabitants, is entitled to at least 1
representatives shall be representative.
filled, as provided by  A city must first attain the 250,000
law, by selection or population and thereafter, in the
election from the labor, immediately following election, such
peasant, urban poor, city shall have a district representative.
indigenous cultural (Victorino Aldaba v COMELEC, G.R. #
communities, women, 188078, March 15, 2020)
youth and such other  Each legislative district shall comprise,
sectors as may as far as practicable, contiguous,
provided by law, except compact and adjacent territory to
the religious sector. prevent gerrymandering.
 UNTIL A LAW IS PASSED
 The President Gerrymandering
may fill by
 A practice intended to establish
appointment
an unfair political advantage for
from a list of
a particular party or group by
nominees by
manipulating district
the respective
boundaries
sectors the
 Congress to make reapportionment of
seats reserved
legislative district within 3 years
for sectoral
following the return of every census
representation.
 Reapportionment of legislative districts
 Subject to
may be made through a special law.
confirmation by
 Congress cannot validly delegate the
the Commission
power to create legislative districts.
on
 The power to increase the allowable
Appointments
membership in the House of
Apportionment of Legislative Districts Representatives and to reapportion
legislative districts is vested exclusively
 Justiciable question in the Congress.
 Be made in accordance with the
number of respective inhabitants Qualifications in House of Representatives
among provinces, cities and Metro
1. Natural-born Filipino citizen
Manila area on the basis of a uniform
2. At least 25 years of age on the day of
and progressive ratio
the election
3. Able to read and write

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POLITICAL LAW LEGISLATIVE DEPARTMENT

4. Except the party-list representatives, a Representatives from national, regional

registered voter in the district in which and sectoral parties or organizations or
he shall be elected coalitions thereof registered with the
5. Resident for not less than 1 year Commission on Elections
immediately preceding the day of the
Party
election

Term of Office in House of Representatives  Either of the ff:

o Political party
 3 years o Sectoral party
 Commencing at noon on the 30th day of o Coalition of parties
June next following their election
 Shall not serve for more than 3 Political party
consecutive terms
 Organized group of citizens
Imelda Romualdez-Marcos v COMELEC, 248 advocating an ideology or platform,
SCRA 300 principles and policies for the
general conduct of government
1. A minor follows the domicile of his  Most immediate means of securing
parents. adoption, regularly nominates and
2. Domicile of origin is lost only when supports certain of its leaders and
there is actual removal or change of members as candidates for public
domicile. office
3. The wife does not automatically gain a. National Party
the husband’s domicile  Constituency is
spread over the
Coquilla v COMELEC, GR # 151914, July 31, 2002
geographical
 Petitioner lost domicile of origin when territory of at least
he became a US citizen after enlisting in a majority of the
the US Navy. regions.
b. Regional Party
Caasi v COMELEC, 191 SCRA 229  Constituency is
spread over the
 Immigration to the US by virtue of the
geographical
acquisition of a green card constitutes
territory of at least
abandonment of domicile in the
a majority of the
Philippines.
cities and provinces
Party-List System comprising the
region.
 RA 7941 (The Party-List System Act)
 Mechanism of proportional Sectoral Party
representation in the election of
representatives to the House of

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POLITICAL LAW LEGISLATIVE DEPARTMENT

 Organized group of citizens belonging to not later than 90 days before

any of the following sectors the election
o Labor
Grounds for Refusal and/or Cancellation of
o Peasant
Registration (after due notice and hearing)
o Fisherfolk
o Urban poor 1. Religious sect or denomination
o Indigenous cultural organized for religious purposes
communities 2. Advocates violence or unlawful
o Elderly means to seek its goal
o Handicapped 3. Foreign party or organization
o Women 4. Receiving support from any foreign
o Youth government, foreign political party,
o Veterans foundation or organization whether
o Overseas workers directly or through any of its officers
o Professionals or members, or indirectly through
third parties
Sectoral organization 5. Violates or fails to comply with
laws, rules or regulations relating to
 Group of citizens or a coalition of
elections
groups of citizens who share similar
6. Declares untruthful statements in
physical attributes or characteristics,
its petition
employment, interests or concerns
7. Ceased to exist for at least 1 year
Coalition 8. Fails to participate in the last 2
preceding elections
 Aggrupation of duly registered national, 9. Fails to obtain at least 2 % of the
regional, sectoral parties or votes cast
organizations for political and/or
election purposes Nomination of Party-List Representatives

Registration/Manifestation to Participate in  Shall submit to COMELEC not later than

the Party-List System
 Filing with the COMELEC not later than
90 days before the election
o Petition verified by its president
or secretary stating its desire to
participate
 Any party already registered with the
COMELEC need not register anew
o Only file manifestation to
participate with the COMELEC
45 days before the election the list of
names not less than 5 from which party-
list representative shall be chosen in
case it obtains the required number of
votes.
 A person may be nominated in one list
only.
 Only persons who have given their
consent in writing may be named in the
list.
 The list shall not include:

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POLITICAL LAW LEGISLATIVE DEPARTMENT
o Any candidate for any elective
office or
o a person who has lost his bid
for an elective office in the
immediately preceding election
 No change shall be allowed after the list
shall have been submitted to the
COMELEC except in cases where
o the nominee dies
o withdraws in writing his
nomination
o becomes incapacitated
 The name of the substitute nominee
shall be placed in the list.
 Incumbent sectoral representatives in
the House of Representatives who are
nominated in the party-list system shall
not be considered resigned.
Qualifications of Party-List Nominees
1. Natural-born citizen
2. Registered voter
3. Resident of the Philippines for at least 1
year immediately preceding the day of
the election
4. Able to read and write
5. Bona fide member of the party or
organization which he seeks to
represent for at least 90 days preceding
the day of the election
6. At least 25 years of age on the day of
the election
7. For the youth sector
a. At least 25 years of age but not
more than 30 years of age on
the day of the election
b. Any youth representative who
attains the age of 30 during his
term shall be allowed to
continue in office until the
expiration of his term
Term of Office of Party-List
 3 years
 Entitled to same salaries and
emoluments as regular members of the
House of Representatives
Manner of Voting
 Every voter is entitled to 2 votes.
o For the candidate for member
of the House of Representatives
in his legislative district
o For the party, organization or
coalition he wants represented
in the House of Representatives
 A vote cast for a party, sectoral
organization or coalition not entitled to
be voted shall not be counted.
Party-list representatives shall constitute
20% of the total number of the members of
the House of Representatives including
those under the party-list.
Party-list representatives are proclaimed by
the COMELEC based on the list of names
submitted by the respective parties,
organizations or coalitions to the COMELEC
according to their ranking in the list.
Any elected party-list representative who
changes his political party or sectoral
affiliation during his term of office shall
forfeit his seat provided that if he changes
his political party affiliation within 6 months
before an election, he shall not be eligible
for nomination as party-list representative
under his new party or organization.
Vacany in Party-List shall be automatically
filled by the next representative from the
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POLITICAL LAW LEGISLATIVE DEPARTMENT

list of nominees in the order submitted to REGULAR SESSION

the COMELEC by the same party who shall
serve for the unexpired term.
If the list is exhausted, the party or
organization shall submit additional
nominees.
PRIVILEGES
1. Freedom from arrest
2. Privilege of Speech and of Debate
 Congress shall convene once every year
on the 4th Monday of July, unless a
different date is fixed by law, and
 shall continue 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

Privilege from arrest SPECIAL SESSION

 While the Congress is in session  President may call anytime to consider

o All offenses punishable by not legislative measures.
more than 6 years JOINT SESSIONS
imprisonment
A. Voting Separately
DISQUALIFICATIONS a. Choosing the President
 Automatic forfeiture upon the b. Determine President’s disability
member’s assumption of such other c. Confirming nomination of the
office deemed incompatible with his Vice President
seat in Congress d. Declaring the existence of a
 The ban against appointment to the state of war
office created or the emoluments e. Proposing constitutional
thereof shall last only for the duration amendments
of the term for which the Congress was B. Voting Jointly
elected. a. Revoke or extend proclamation
 suspending the
OTHER PROHIBITIONS privilege of writ of
habeas corpus
 Personally appearing as counsel
 placing the Philippines
 Upon assumption of office, must make a
under martial law
full disclosure of financial aid and
business interests ADJOURNMENT
 Shall notify House concerned of a
potential conflict of interest that may  Cannot adjourn for more than 3 days
arise from the filing of a proposed without the consent of the other
legislation of which they are authors  Nor to any place than that which the
two Houses shall be sitting

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POLITICAL LAW LEGISLATIVE DEPARTMENT
Election of Senate President and Speaker of
the House of Representatives
 Majority vote of all its respective
members
Quorum
 Majority of each House but a smaller
number may adjourn from day to day
and may compel the attendance of
absent members in such manner and
under such penalties as such House may
determine
Avelino vs Cuenco 83 Phil 17
 Basis in determining the quorum in the
Senate shall be the total number of
Senators who are in the country and
within the coercive jurisdiction of the
Senate
Discipline of Members in Congress
 Concurrence of 2/3 of all its members
 Suspend for not more than 60 days
 Expel a member
Matters which, under the Constitution are to
be recorded in the Legislative Journal and the
Congressional Record
1. Yeas and nays on third and final reading
of a bill
2. Veto message of the President
3. Yeas and nays on the repassing of a bill
vetoed by the President
4. Yeas and nays on any question at the
request of 1/5 of members present
Enrolled Bill Theory
 An enrolled bill is one duly introduced
and finally passed by both Houses,
authenticated by the proper officers of
each and approved by the President
Casco Chemical Co. v Gimenez 7 SCRA 347
 If a mistake was made in the printing of
the bill before it was certified by
Congress and approved by the
President, the remedy is amendment or
corrective legislation, not a judicial
decree.
JOURNAL ENTRY v ENROLLED BILL
 Enrolled bill prevails, except as to
matters which under the Constitution
must be entered in the Journal
ELECTORAL TRIBUNALS
 3 Supreme Court Justices designated by
the Chief Justice
 6 members of the house concerned
chosen on the basis of proportional
representation from the political parties
registered under the party-list system
 The Senior Justice shall be the
Chairman.
HRET
 Non-partisan court
 Independent of Congress and devoid of
partisan influence
 Disloyalty to the party and breach of
party discipline are not valid grounds
for the expulsion of a member.
 Membership may not be terminated
except for a just cause
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POLITICAL LAW LEGISLATIVE DEPARTMENT

 Sole judge of all contests relating to the
election, returns and qualifications of
their respective members
 May assume jurisdiction only after the
winning candidate shall have been duly
proclaimed, has taken his oath of office
and has assumed the functions of the
office
 Does not carry with it the authority to
delve into the legality of the judgment
of the naturalization of respondent’s
father
 Decisions may be reviewed by the
Supreme Court upon showing of grave
abuse of discretion in a petition for
certiorari filed under Rule 65 of the
Rules of Court
Sampayan vs Daza 213 SCRA 807
of Congress before the petition may
be brought to Court.
Commission on Appointments
 shall act on all appointments
submitted to it within 30 session
days of Congress from their
submission
 shall rule by a majority vote of its
members
 shall meet only while Congress is in
session
o at the call of its Chairman
o or a majority of all its
members
 independent of the two Houses
 employees are not, technically,
employees of Congress

 Daza’s term of office as a member of POWERS OF CONGRESS

Congress has expired on June 30, 1992.
1. General (Plenary) Legislative Power
 Petition should be filed with the
a. Substantive Limitations
COMELEC to cancel Daza’s certificate of
i. Express
candidacy and not in HRET.
1. Bill of rights
COMMISSION ON APPOINTMENTS 2. On
appropriati
1. Senate President as ex officio Chairman ons
2. 12 Senators 3. On taxation
3. 12 Members of the House of 4. On
Representatives, elected by each House constitution
on the basis of proportional al appellate
representation from the political parties jurisdiction
registered under the party-list system. of the
Supreme
Chairman shall not vote except in case of a
Court
tie.
5. No law
Doctrine of Primary Jurisdiction granting a
title of
 It is necessary that prior recourse royalty or
be made to the appropriate House nobility

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POLITICAL LAW LEGISLATIVE DEPARTMENT

shall be 1. When the

passed. President
ii. Implied approves
1. Non- the same
delegation and signs it
of powers 2. When
2. Prohibition Congress
against the overrides
passage of the
irrepealable Presidential
laws veto
b. Procedural Limitations
i. Only one subject Veto is overridden upon vote of 2/3 of all
members of the House of origin and the other
ii. Three reading on
separate days House.
c. Legislative Process No pocket veto.
i. Requirements as to
bills Partial veto is invalid.
1. Only one
2. Power of appropriation
subject to
3. Power of taxation
be
a. Charitable institutions and
expressed
all lands, building, and
in the title
improvements ACTUALLY,
2. Appropriati
DIRECTLY and EXCLUSIVELY
on, revenue
used for religious,
or tariff
charitable or educational
bills, bills
purposes shall be exempt
authorizing
from taxation.
increase of
b. All revenues and assets of
public debt,
non-stock, non-profit
bills of local
educational institutions
application
used ACTUALLY, DIRECTLY,
and private
and EXCLUSIVELY for
bills shall
educational purposes shall
originate
be exempt from taxes and
exclusively
duties.
in the
c. Law granting tax exemption
House of
shall be passed only with
Representa
the concurrence of the
tives
majority of all the members
ii. The bills becomes a
of the Congress.
law in any of the ff:

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POLITICAL LAW LEGISLATIVE DEPARTMENT

4. Power of legislative investigation  Frauds in commerce and industry

5. Question hour  Possession, preparation and use of
6. War powers (2/3 of both Houses in prohibited drugs and maintenance of
joint session, voting separately) opium dens
7. Power to act as Board of  Gambling and Betting
Canvassers in election of President
8. Power to call a special election for
President and Vice-President
9. Power to judge President’s physical
fitness to discharge the functions
of the Presidency
10. Power to revoke or extend
suspension of the privilege of the
writ of habeas corpus or
declaration of martial law
11. Power to concur in Presidential
amnesties (majority of all the
members of Congress)
12. Power to concur in treaties or
international agreements (at least
2/3 of all members of the Senate)
13. Power to confirm certain
appointments/nominations made
by the President (majority vote of
all the members of both Houses,
voting separately)
14. Power of impeachment
15. Power relative to natural resources
16. Power to propose amendments to
the Constitution

Immunity from Arrest

 Conspiracy and proposal to commit

treason
 Espionage
 Correspondence with hostile country
 Arbitrary detention
 Direct assaults
 Falsification of legislative documents
 False testimony against a defendant
 Machinations in public auctions

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