How a bill becomes a law
Te Legislative Department (cont'd)
Classification of Powers of Congress
Legislative
Legislative power is the power of lawmaking, the framing
and enactment of laws. This is effected through the
adoption of a bill, or a proposed or projected law, which,
once approved, becomes a statute. A statute is “the
written will of the legislature, solemnly expressed
according to the forms necessary to constitute it the law
of the state.
(1) General plenary power
(2) Specific power of appropriation
No money shall be paid out of the Treasury
except in pursuance of an appropriation made by
law; (1) must be devoted to public purpose (2)
sum must be determinate or determinable
(3) Taxation and expropriation
Must be uniform and equitable; public purpose;
may not be levied for paying corporate debts
(4) Legislative investigations/ inquiries in aid of
legislation
(5) Question hour
Initiative - generally defined as the power of the people to
propose bills and laws, and to enact or reject them at the
polls, independent of the legislative assembly. It is the
right of a group of citizens to introduce a matter for
legislation either to the legislature or directly
to the voters.
Referendum - the right reserved to the people to adopt or
reject any act or measure which has been passed by a
legislative body and which in most cases would without
action on the part of the electors become a law.
the Senate President, the Speaker, and the Secretaries of
their respective chambers, and approved by the President.
A bill is introduced by any member of the House of
Representatives or the Senate except for some measures Prohibitions
that must originate only in the former chamber. (1) Impairing separation of powers
(2) Bill of Rights; ex post facto laws, bills of attainder
First Reading
or laws impairing obligations of contracts
The first reading involves only a reading of the number and
(3) Granting title of royalty or nobility
title of the measure and its referral by the Senate President
(4) Increasing the appellate jurisdiction of the SC
or the Speaker to the proper committee for study. The bill
may be “killed” in the committee or it may be
Non-Legislative
recommended for approval, with or without amendments,
sometimes after public hearings are first held thereon. If (1) Canvass presidential elections
there are other bills of the same nature or purpose, they (2) Declare the existence of a state of war
may all be consolidated into one bill under common (3) Delegation of emergency powers
authorship or as a committee bill. (4) Call special election for President and
Vice-President
Second Reading (5) Give concurrence to treaties and amnesties
Once reported out, the bill shall be calendared for second (6) Propose constitutional amendments - constituent
reading. It is at this stage that the bill is read in its entirety, power
scrutinized, debated upon and amended when desired. Constituent power is the power to formulate a
constitution or to propose amendments to
The second reading is the most important stage in the (7) Confirm certain appointments
passage of a bill. The bill as approved on second reading (8) Impeach
is printed in its final form and copies thereof are House of Representatives - exclusive power to
distributed at least three days before the third reading. initiate all cases of impeachment
Senate - sole power to try and decide all cases
Third Reading
On third reading, the members merely register their votes
and explain them if they are allowed by the rules. No
further debate is allowed.
The Executive Department (Art VII)
Once the bill passes third reading, it is sent to the other
chamber, where it will also undergo the three readings. If
Qualifications
there are differences between the versions approved by
President (N-45-RW-V-R10)
the two chambers, a conference committee representing
both Houses will draft a compromise measure that, if
Natural-born citizen - one who is a citizen of the
ratified by the Senate and the House of Representatives,
Philippines from birth without having to perform any act to
will then be submitted to the President for his
acquire or perfect his Philippine citizenship.
consideration.
Approval
The bill is enrolled when printed as finally approved by the
Election and Proclamation
Congress, thereafter authenticated with the signatures of Direct vote of the people; conducted at six-year intervals
on the second Monday of May.

Returns for election duly certified by the board of
canvassers of each province or city - transmitted to the
Congress - directed to the President of the Senate - open
all the certificates in the presence of the Senate and the
House of Representatives in joint public session not later
than thirty days after the day of the election - the
Congress, upon determination of the authenticity and due
execution thereof in the manner provided by law, canvass
the votes
In case of equal votes, decided by majority votes of both
Houses of Congress voting separately.
Term
President - Six years beginning at noon on 30th of June
next following the election; not eligible for re-election
Vice-president - Six years; eligible to be Cabinet member
without confirmation by the Commission on
Appointments; no more than two consecutive terms
Succession as president: (1) death or permanent disability
of the President-elect - shall become president; (2) failure
to elect the President - shall be acting President
Perquisites and Inhibitions
(1) No increase in salaries until after expiration of
term
(2) No decrease in salaries during tenure
(3) Shall not receive any other emoluments from the
govt or any other source
(4) President, VP, Members of the Cabinet and their
deputies or assistants shall not hold any other
office or employment unless provided by the
Constitution
(5) Shall not practice any profession, participate in
any business, or be financially interested in any
contract or franchise granted by the govt et al
(6) Strictly avoid conflict of interest in the conduct of
their office
(7) May not appoint spouse or relatives within 4th
civil degree as members of the Constitutional
Commissions or the Office of the Ombudsman,
Secretaries, Under Secretaries, chairman or
heads of bureaus or offices, including GOCCs
Privileges
Executive Privilege
Right of the President and high-level executive officials to
withhold information from the Congress, the Courts, and
ultimately, the public.
Necessity of withholding must be of high degree to
outweigh the public interest in enforcing that obligation
(Senate v Ermita)
Requisites for valid claim of executive privilege:
(1) Communications relate to the power to enter into
executive agreements with other countries
(2) Received by a member of the Cabinet which
proximity test is covered by such
(3) No adequate showing of a compelling need
would justify limitation of the privilege (Neri v
Senate)
Scope:
All confidential or classified information bet the President
and the public officers including:
(1) Military, diplomatic and other national security
matters
(2) Inter-government agencies prior to conclusion of
treaties
(3) Close-door Cabinet meetings
(4) Matters affecting national security and public
order
Presidential Immunity
The President during his tenure of office or actual
incumbency, may not be sued in any criminal case
(Rubrico v Arroyo)
After tenure, he cannot invoke immunity from suit for civil
damages arising from acts done while he was President
which were not performed in the exercise of official duties.
(Estrada v Desierto)
Powers of the President
1.Executive Power
Shall have control of all executive dept, bureaus and
offices; shall ensure that laws are faithfully executed;
power to enforce and administer laws
2.Power of Appointment
Selection by authority vested with the power of an
individual who is to exercise the functions of a given office
(1) Regular appointments, with or without
confirmation by the Commission on
Appointments
(2) Appointments made by the acting president
(3) Midnight appointment - 2 months before next
presidential elections; prohibited by the
Constitution, except:
(a) Temporary appointments
(b) Executive department
(c) Necessary; vacancy will prejudice public
service or endanger public safety
(d) Member of the SC (De Castro v JBC)
3.Power of Removal/ Disciplinary Power
Implied from the express power of appointment.
Except: (1) Those that can only be removed by
impeachment (2) judges of lower courts (3) elected local
officials (4) all others whom power of removal are
provided by law
4.Power of Control
Shall have control of all executive departments, bureaus,
and offices
5.Military Powers (Read)
(1) To call out AFP to prevent or suppress lawless
violence, invasion, rebellion
 (2) To suspend the privilege of writ of habeas corpus 12.Emergency Powers (3) May not be deprived of its minimum original and
during invasion, rebellion and when public safety appellate jurisdiction as prescribed in Article VII,
May be authorized by Congress to exercise powers
requires Section 5, of the Constitution.
necessary and proper to carry out national policy.
(3) To declare martial law
(4) Appellate jurisdiction of the Supreme Court may
Conditions:
not be increased by law without its advice and
6.Pardoning Power (1) War or national emergency
concurrence.
Forms: (2) Law authorizing exercise
(1) Reprieves (3) Limited period (5) Appointees to the judiciary are now nominated by
(2) Commutation (4) Necessary and proper to carry out national policy the Judicial and Bar Council and no longer
(3) Pardons (5) Subject to restrictions from Congress subject to confirmation by the Commission on
(4) Amnesty Appointments
(5) Remission of fines and forfeitures, and amnesty 13.Other Powers
(6) The Supreme Court now has administrative
(1) Call congress to a special session
7.Borrowing Power supervision over all lower courts and their
(2) Approve or veto bills
personnel.
May contract or guarantee foreign loans on behalf of the (3) Power to deport aliens subject to due process
Republic with the concurrence of the Monetary Board (4) Consent to deputization of govt personnel by (7) The Supreme Court has exclusive power to dis-
COMELEC cipline judges of lower courts.
8.Diplomatic Power (5) Discipline deputies
(6) Exercise tariff powers by delegation from (8) The members of the Supreme Court and all lower
(1) Power to make treaties Congress courts have security of tenure, which cannot be
(2) Appoint ambassadors, public ministers and (7) Power to classify or reclassify lands undermined by a law reorganizing the judiciary.
consuls
(3) Receive ambassadors (9) They shall not be designated to any agency
(4) Deportation power performing quasi-judicial or administrative
functions.
9.Budgetary Power The Judicial Department (Art VIII) (10) The salaries of judges may not be reduced during
Within 30 days of opening of regular session, President
their continuance in office.
shall submit a budget of expenditures and sources of
financing, incl receipts from existing and proposed Independence of the Judiciary
(11) The judiciary shall enjoy fiscal autonomy.
revenue measures
To maintain the independence of the judiciary, the
(12) The Supreme Court alone may initiate rules of
following safeguards have been embodied in the
10.Informing Power court.
Constitution:
Shall address Congress at the opening of its regular (13) Only the Supreme Court may order the temporary
session; SONA (1) The Supreme Court is a constitutional body. It
detail of judges.
cannot be abolished nor may its membership or
the manner of its meetings be changed by mere (14) The Supreme Court can appoint all officials and
11. Residual Power
legislation. employees of the judiciary.
Powers not expressly enumerated in the Constitution; e.g.
to serve and protect, maintenance of peace and order, (2) Members of the Supreme Court may not be
protection of life, liberty and property, promotion of removed except by impeachment.
general welfare are basis of existence (Marcos v
Manglapus)
Jurisdiction
Jurisdiction - the authority by which courts take
cognizance of and decide cases, the legal right by which
judges exercise their authority.
Appointment
Appointed by the President from three nominees by the
Judicial and Bar Council; May be removed by
Impeachment, Resignation, and Retirement
Qualifications
Supreme Court (N-45-J|L10)
Be a person of proven competence, integrity, probity, and
independence.
Lower courts
Prescribed by Congress; natural-born citizen and member
of Philippine Bar
Requisites of a Judicial Inquiry
Courts are passive instruments that can only act when
their jurisdiction is invoked. Requisites (Dumlao v
COMELEC):
(1) Actual case or controversy
A justiciable controversy is definite and
concrete, touching the legal relations of parties
having legal interests; must not be merely moot
and academic.
(2) Question of constitutionality must be raised by
the proper party
A proper party is one who has sustained
or is in immediate danger of sustaining an injury
as a result of the act complained of; Legal
personality of the party to raise constitutional
question.
(3) Constitutional question must be raised at the
earliest possible time
Constitutional questions must be raised
at the earliest opportunity, if not raised during the
pleadings, and if not considered at the trial, it
cannot be considered on appeal. (Matibag v
Benipayo)
Exceptions: (1) Criminal cases - any time in the
discretion of the Court, (2) Civil cases - any stage
if necessary to determine the case, and (3) Every
case - except where there is estoppel, at any
stage if it involves jurisdiction of the court.
(People v Vera)
(4) The decision on the constitutional question must
be necessary for the determination of the case
Reasons: Doctrine of separation of powers; Every
law has the presumption of validity, “to doubt is
to sustain” policy
Effects of a Declaration of
Unconstitutionality
Orthodox view - an unconstitutional act is not a law;
confers no rights; imposes no duties; affords no
protection; creates no office; inoperative as if it had not
been passed. (Norton v Shelby) Statute is striked out in
books; cannot be invoked by any other parties; total nullity
Modern view - does not annul or repeal the statue; refuses
to recognize it and determines the rights of parties just as
if the statute had no existence. Does not strike the statute
from books; parties are concluded by judgement but no
one else is bound (Shepard v Barren)
Doctrine of operative fact - The law is recognized but the
effects of the unconstitutional law prior to declaration of
nullity may be left undisturbed as a matter of equity and
fair play. (League of Cities of the Philippines v COMELEC);
Applied to executive acts, JBC acts,
Partial Unconstitutionality - Valid on the following
conditions: (1) The legislature is willing to retain the valid
portions, and (2) the valid portions can stand as a
separate statute.
Powers of the Supreme Court
Art. VIII, Sec. 5
(1) Original jurisdiction
Certiorari - Anu tribunal, board, or officer
exercising judicial functions has acted without or
in excess of its jurisdiction or with grave abuse of
discretion; praying for annulment or modifying
the proceedings and granting incidental reliefs as
law and justice may require
Prohibition - without or in excess of its
jurisdiction or with grave abuse of discretion;
praying for judgment commanding the defendant
to desist from further proceedings or incidental
reliefs
Mandamus - unlawful negligence in performance
of an act which the law specifically enjoins as a
duty, or unlawfully excludes another from the
use/ enjoyment of a right or office entitled
thereto; praying for judgment commanding the
defendant do the act required to protect the
rights of petitioner and pay damages sustained
Quo Warranto - action for usurpation of office
against a public officer who does or suffers an
act by provision of law, constitutes a ground for
forfeiture of office
Habeas Corpus - cases of illegal confinement or
detention by which any person is deprived of
liberty or withheld rightful custody
Hierarchy of courts - recourse must first be made
with the lower-ranked courts exercising
concurrent jurisdiction with a higher court
(Bagabuyo v COMELEC)
(2) Appellate jurisdiction
 Right to appeal is not embraced in due process of
law; statutory right dependent upon the discretion
and policy of the lawmaking body. Except:
Certiorari
Court martial - administrative body not covered
by appellate jurisdiction of the SC; agencies of
executive character provided by the Congress to
the President as Commander in Chief (Ruffy v
Chief of Staff)
(3) Temporary assignment of judges; should not
exceed six months
(4) Change of Venue or Place of Trial; to avoid
miscarraige of justice
(5) Rule-making Power
Rules concerning: (1) protection and enforcement
of constitutional rights (2) pleading, practice, and
procedure in all courts (3) admission to the
practice of law (4) the Integrated Bar (4) legal
assistance to the underprivileged
Limitations: (1) The rules must be uniform for all
courts of the same grade, (2) The rules must not
diminish, increase or modify substantive rights
(6) Appointment of Court Personnel; in accordance
with Civil Service Law
Id., Sec. 6
(7) Administrative Supervision of Courts
Tenure
Art. VIII, Sec. 11
SC and lower court judges should hold office during good
behavior until 70 years of age or become incapacitated to
discharge their duties
Power to discipline or order dismissal of judges of lower
courts - voted in majority by the SC en banc
Period of Decision as to strike at the very life or the orderly workings
of the government.
24 months - all lower collegiate courts to decide (5) Graft and corruption - prohibited acts enumerated
3 months - other lower courts to decide in the AntiGraft and Corrupt Practices Act,
(6) Betrayal of public trust - catch-all to cover all
manner of offenses unbecoming a public
Accountability of Public Officers (Art. functionary but not punishable by the criminal
XI) statutes, like “inexcusable negligence of duty,
tyrannical abuse of authority, breach of official
“public officers and employees must at all times be
duty by malfeasance or, misfeasance, cronyism,
accountable to the people, serve them with utmost
favoritism, obstruction of justice.
responsibility, integrity, loyalty and efficiency, act with
patriotism and justice, and lead modest lives.”
The Sandiganbayan
Impeachment
Composed of a presiding justice and 14 associate justices
A method of national inquest into the conduct of public
and has the same rank as the Court of Appeals.
men. Generally understood as a formal process whereby
an official is charged and tried and, if convicted, removed
Shall exercise original jurisdiction in all cases involving
from office, the Supreme Court has referred to it as “the
violations of the Anti-Graft and Corrupt Practices Act,
power of Congress to remove a public official for serious
crimes or misconduct as provided in the Constitution.
The Ombudsman
(Corona v. Senate of the Philippines)
Have the same rank and salary as the chairmen and
associate commissioners respectively of the
Impeachable officers: President of the Philippines, the
Constitutional Commissions and enjoy the same security
Vice-President, the members of the Supreme Court, the
of compensation. N-40-Bar-I-J10|L; Term of 7 years
members of the Constitutional Commissions, and the
Ombudsman; may not be increased or reduced by
Criminal and administrative jurisdiction; as protectors of
legislative enactment.
the people, shall act promptly on complaints filed in any
form or manner against public officials or employees of
Grounds for impeachment:
the Government, or any subdivision, agency cr
(1) Culpable violation of the Constitution - wrongful,
instrumentality thereof, including GOCCs, and shall, in
intentional or willful disregard or flouting of the
appropriate cases, notify the complainants of the action
fundamental law; must be deliberate and
taken and the result thereof.”
motivated by bad faith
(2) Treason - owing allegiance to the Government of
The Special Prosecutor
the Philippines, levies war against it or adheres to
its enemies, giving them aid and comfort.
Ill-gotten Wealth
(3) Bribery - do or refrain from doing an act which he
is officially required to do in his official duties, in
Loans
consideration of any offer, promise, gift or
present received by him or who shall accept gifts
Assets and Liabilities
offered to him by reason of his office.
(4) Other high crimes - which, like treason and
Change of Citizenship
bribery, are of so serious and enormous a nature