II.

LEGISLATIVE DEPARTMENT

Who may exercise legislative power?

1. Congress
2. Regional/Local legislative power
3. People’s initiative on statutes
1. Indirect initiative is the exercise of initiative by the people through a
proposition sent to Congress or local legislative body for action
2. Not less than 2,000 registered voters in case of autonomous regions, 1,000 in
case of provinces and cities, 100 in case of municipalities, and 50 in case of
barangays, may file a petition with the Regional Assembly or local legislative
body, respectively, proposing the adoption, enactment, repeal, or amendment, of
any law, ordinance or resolution
3. Limitations on local initiative
1. The power of local initiative shall not be exercised more than once a
year
2. Initiative shall extend only to subjects or matters which are within the
legal powers of the local legislative bodies to enact
3. If at any time before the initiative is held, the local legislative body shall
adopt in toto the proposition presented, the initiative shall be cancelled
a. Initiative and referendum
1. Referendum is the power of the electorate to approve or reject
legislation through an election called for the purpose
2. No petition embracing more than one subject shall be submitted to the
electorate; and statutes involving emergency measures, the enactment of
which is specifically vested in Congress by the Constitution, cannot be
subject to referendum until ninety (90) days after their effectivity
4. The President under a martial law rule or in a revolutionary government

Houses of Congress
1. Senate
1. 24 Senators elected at large
2. Natural-born citizen of the Philippines, and, on the day of the election, at least
35 years of age, able to read and write, a registered voter, and a resident of the
Philippines for not less than two years immediately preceding the day of the
election
3. Six years, commencing at noon on the 30th day of June next following their
election; 2 consecutive terms
1. Time for commencement of term may be changed by law
2. House of Representatives
a. District representatives and questions of apportionment
1. Elected from legislative districts apportioned among the provinces,
cities and the Metropolitan Manila area
2. On the basis of a uniform and progressive ratio
 3. But: (i) each city with not less than 250,000 inhabitants shall be entitled
to at least one representative; and (ii) each province, irrespective of
number of inhabitants, is entitled to at least one representative
4. Each legislative district shall comprise, as far as practicable, contiguous,
compact and adjacent territory. This is intended to prevent gerrymandering
5. Congress to make reapportionment of legislative districts within three
years following the return of every census
6. The Court held that the Constitution does not preclude Congress from
increasing its membership by passing a law other than a general
apportionment law
7. Natural-born Filipino citizen, and, on the day of the election, at least 25
years of age, able to read and write, and, except the party-list
representatives, a registered voter in the district in which he shall be
elected, and a resident thereof for not less than one year immediately
preceding the day of the election
8. Three years, commencing at noon on the 30th day of June next
following their election; 3 consecutive terms
b. Party-list system (R.A. No. 7941)
1. Rules as to who can participate in the party-list election (Atong
Paglaum v. COMELEC, 2013)
1. Three different groups may participate in the party-list system:
(1) national parties or organizations, (2) regional parties or
organizations, and (3) sectoral parties or organizations
2. National parties or organizations and regional parties or
organizations do not need to organize along sectoral lines and do
not need to represent any "marginalized and underrepresented"
sector
3. Political parties can participate in party-list elections provided
they register under the party-list system and do not field candidates
in legislative district elections. A political party, whether major or
not, that fields candidates in legislative district elections can
participate in party-list elections only through its sectoral wing that
can separately register under the party-list system. The sectoral
wing is by itself an independent sectoral party, and is linked to a
political party through a coalition.
4. Sectoral parties or organizations may either be "marginalized
and underrepresented" or lacking in "well-defined political
constituencies." It is enough that their principal advocacy pertains
to the special interest and concerns of their sector. The sectors that
are "marginalized and underrepresented" include labor, peasant,
fisherfolk, urban poor, indigenous cultural communities,
handicapped, veterans, and overseas workers. The sectors that lack
"well-defined political constituencies" include professionals, the
elderly, women, and the youth.
5. A majority of the members of sectoral parties or organizations
that represent the "marginalized and underrepresented" must
 belong to the "marginalized and underrepresented" sector they
represent. Similarly, a majority of the members of sectoral parties
or organizations that lack "well-defined political constituencies"
must belong to the sector they represent. The nominees of sectoral
parties or organizations that represent the "marginalized and
underrepresented," or that represent those who lack "well-defined
political constituencies," either must belong to their respective
sectors, or must have a track record of advocacy for their
respective sectors. The nominees of national and regional parties or
organizations must be bona-fide members of such parties or
organizations
1. List of nominees shall not include any candidate for any
elective office or 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 the
nominee dies, or withdraws in writing his nomination,
becomes incapacitated, in which case the name of the
substitute nominee shall be placed last in the list
2. Natural-born citizen of the Philippines, a registered
voter, a resident of the Philippines for at least one year
immediately preceding the day of the election, able to read
and write, a bona fide member of the party or organization
which he seeks to represent for at least 90 days preceding
the day of the election, and is at least 25 years of age on the
day of the election. For the youth sector, he must be at least
25 years of age but not more than 30 years of age on the
day of the election. 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
6. National, regional, and sectoral parties or organizations shall not
be disqualified if some of their nominees are disqualified, provided
that they have at least one nominee who remains qualified
2. Disqualifications
1. Religious organization
2. Foreign organization or receiving support from it
3. Ceased to exist for at least 1 year
4. it fails to participate in the last two preceding elections or fails to
obtain at least 2% of the votes cast under
the party-list system in the two preceding elections for the
constituency in which it has registered
3. Parameters in the allocation of seats (BANAT v. COMELEC, 2009)
1. Twenty percent of the total number of the membership of the
House of Representatives is the maximum number of seats
available to party-list organizations, such that there is
 automatically one party-list seat for every four existing legislative
districts
1. Formula is “Number of seats available to legislative
districts / .80 x .20 = Number of seats available to party-list
representatives”
2. Garnering two percent of the total votes cast in the party-list
elections guarantees a party-list organization one seat. The
guaranteed seats shall be distributed in a first round of seat
allocation to parties receiving at least two percent of the total
party-list votes
3. The additional seats, that is, the remaining seats after allocation
of the guaranteed seats, shall be distributed to the party-list
organizations including those that received less than two percent of
the total votes. The continued operation of the two percent
threshold as it applies to the allocation of the additional seats is
now unconstitutional because this threshold mathematically and
physically prevents the filling up of the available party-list seats.
The additional seats shall be distributed to the parties in a second
round of seat allocation according to the two-step procedure laid
down in the Decision of 21 April 2009 as clarified in this
Resolution
4. The three-seat cap is constitutional. The three-seat cap is
intended by the Legislature to prevent any party from dominating
the party-list system. There is no violation of the Constitution
because the 1987 Constitution does not require absolute
proportionality for the party-list system. The well-settled rule is
that courts will not question the wisdom of the Legislature as long
as it is not violative of the Constitution
1. 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
4. 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 or sectoral affiliation within 6 months
before an election, he shall not be eligible for nomination as party-list
representative under his new party or organization
5. In case of vacancy in the seats reserved for party- list representatives,
the vacancy shall be automatically filled by the next representative from
the list of nominees in the order submitted to the Comelec. If the list is
exhausted, the party, organization or coalition concerned shall submit
additional nominees
C. Legislative privileges, inhibitions and disqualifications
1. No increase in salaries 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
 2. In all offenses punishable by not more than 6 years of imprisonment, be privileged
from arrest while the Congress is in session
3. Not be held liable in any other place for any speech or debate in the Congress or in any
committee thereof
1. But can be disciplined under the internal rules of the house where he belongs
4. Incompatible office. Cannot 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
1. Unless it is in an ex officio capacity
5. Forbidden office. Cannot be appointed to any office which may have been created or
the emoluments thereof increased during the term for which he was elected
1. Prohibition shall, however, last only for the duration of the term, not tenure, for
which the member of Congress was elected
6. Cannot personally appear as counsel before any court of justice or before the Electoral
Tribunals, or quasi-judicial or other administrative bodies
7. Cannot be directly or indirectly, be interested financially in any contract with, or in any
franchise or special privilege granted by the Government. 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
1. Members of Congress are prohibited from obtaining loans from government-
owned banks only if it is for a business purpose
8. Section 12, Article VI of the Constitution does not prohibit the enactment of a law
which will benefit the business interests of a member of the Senate or the House of
Representatives. It only requires that if the member of Congress whose business interests
will be benefited by the law is the one who will file the bill, he should notify the House
concerned of the potential conflict of interest
D. Quorum and voting majorities
1. Regular session. Congress shall convene once every year on the fourth Monday of
July, unless a different date is fixed by law, and shall continue for such number of days as
it may determine until thirty days before the opening of its next regular session, exclusive
of Saturdays, Sundays and legal holidays
2. Joint sessions:
1. Voting separately:
1. Choosing the President [Sec. 4, Art. VII]
2. Determine President’s disability [Sec. 11, Art. VII]
3. Confirming nomination of the Vice President [Sec. 9, Art. VII]
4. Declaring the existence of a state of war [Sec. 23, Art. VI]
5. Proposing constitutional amendments [Sec. 1, Art. XVII]
2. Voting jointly: To revoke or extend proclamation suspending the privilege of
the writ of habeas corpus or placing the Philippines under martial law [Sec. 18,
Art. VII]
3. Neither House during the sessions of the Congress shall, without the consent of the
other, adjourn for more than three days, nor to any other place than that in which the two
Houses shall be sitting
 4. The basis in determining the existence of a quorum in the Senate shall be the total
number of Senators who are in the country and within the coercive jurisdiction of the
Senate
5. Matters which, under the Constitution, are to be entered in the journal: (a) Yeas and
nays on third and final reading of a bill; (b) Veto message of the President; (c) Yeas and
nays on the repassing of a bill vetoed by the President; and (d) Yeas and nays on any
question at the request of 1/5 of members present
6. Enrolled bill prevails, except as to matters which, under the Constitution, must be
entered in the Journal
E. Discipline of members
1. House may punish its members for disorderly behavior, and, with the concurrence of
2/3 of all its members, suspend (for not more than sixty days) or expel a member
2. The determination of the acts which constitute disorderly behavior is within the full
discretionary authority of the House concerned, and the Court will not review such
determination, the same being a political question
3. The suspension contemplated in the Constitution is different from the suspension
prescribed in the Anti-Graft and Corrupt Practices Act [RA 3019]. The latter is not a
penalty but a preliminary preventive measure and is not imposed upon the petitioner for
misbehavior as a member of Congress
F. Electoral tribunals and the Commission on Appointments
1. Nature
1. Three Supreme Court justices designated by the Chief Justice, and six members
of the house concerned chosen on the basis of proportional representation from
the political parties registered under the party- list system represented therein. The
Senior Justice shall be its Chairman
2. “Disloyalty to the party” and “breach of party discipline” are not valid grounds
for the expulsion of a member. HRET members enjoy security of tenure; their
membership may not be terminated except for a just cause such as the expiration
of congressional term, death, resignation from the political party, formal
affiliation with another political party, or removal for other valid causes
1. A temporary alliance between the members of one political party and
another political party does not authorize a change in the membership of
the Commission on Appointments. Otherwise, the Commission on
Appointments will have to be reorganized as often as votes shift from one
side to another in the House of Representatives
3. The Senate President, as ex officio Chairman, 12 Senators and 12 Members of
the House of Representatives, elected by each House on the basis of proportional
representation from the political parties registered under the party-list system
represented therein. The Chairman shall not vote except in case of a tie
1. Although the 185 members of Progressive Party of the Philippines
represent 10.98 seats in the Commission on Appointments, under the
ruling in Guingona v. Gonzales, 214 SCRA 789 (1992), a fractional
membership cannot be rounded off to full membership because it will
result in over-representation of that political party and under-
representation of the other political parties
 4. Political party must have at least two elected senators for every seat in the
Commission on Appointments
2. Powers
1. But the HRET may assume jurisdiction only after the winning candidate (who
is a party to the election controversy) shall have been duly proclaimed, has taken
his oath of office and has assumed the functions of the office, because it is only
then that he is said to be a member of the House
2. The Commission shall act on all appointments submitted to it within 30 session
days of Congress from their submission. The Commission shall rule by a majority
vote of its members. The Commission shall meet only while Congress is in
session, at the call of its Chairman or a majority of all its members
G. Powers of Congress
1. Legislative
a. Legislative inquiries and the oversight functions
1. However, the mere filing of a criminal or an administrative complaint
before a court or a quasi-judicial body should not automatically bar the
conduct of legislative inquiry
2. It should be in accordance with duly published rules of procedure which
must be published
3. A distinction has to be made between the power to conduct inquiries in
aid of legislation, the aim of which is to elicit information that may be
used for legislation, and the power to conduct a question hour, the
objective of which is to obtain information in pursuit of Congress’
oversight function
1. If the appearance is required based on the Question Hour, such
is merely directory and not mandatory
2. However, when the inquiry in which Congress requires their
appearance is “in aid of legislation” under Sec. 21, the appearance
is mandatory. When Congress exercises its power of inquiry, the
only way for department heads to exempt themselves therefrom is
by a valid claim of executive privilege. They are not exempt by the
mere fact that they are department heads. Only one executive
official may be exempted from this power — the President — on
whom executive power is vested, hence, beyond the reach of
Congress except through the power of impeachment
1. It should be the President who should invoke executive
privilege in favor of the department heads
4. Legislative oversight is a statutory provision requiring the President or
an administrative agency to present the proposed implementing rules and
regulations of a law to Congress which by itself or through a committee
formed by it, retains a "right" or "power" to approve or disapprove such
regulations before they may take effect
b. Bicameral conference committee
1. It is within the power of the Bicameral Conference Committee to
include in its report an entirely new provision that is not found either in
the House bill or in the Senate bill. And if the Committee can propose an
 amendment consisting of one or two provisions, there is no reason why it
cannot propose several provisions, collectively considered as “an
amendment in the nature of a substitute”, so long as the amendment is
germane to the subject of the bills before the Committee
c. Limitations on legislative power
1. Procedural limitations
1. Only one subject
1. The title is not required to be an index of the contents of
the bill. It is sufficient compliance if the title expresses the
general subject, and all the provisions of the statute are
germane to that subject
2. Three readings on separate days
1. It was held that the presidential certification dispensed
with the requirement not only of printing but also that of
reading the bill on separate days
3. A legislative act will not be declared invalid for non-compliance
with the internal rules of the House
i. Limitations on revenue, appropriations, and tariff measures
1. The Constitution does not prohibit the filing in the Senate of a
substitute bill in anticipation of its receipt of the bill from the
House, so long as action by the Senate as a body is withheld
pending receipt of the House bill
1. A law is not an appropriate measure if the appropriation
of public funds is not its principal purpose and the
appropriation is only incidental to some other objective.
Hence, it may originate in the Senate
2. While it is the President who proposes the budget, still, the final
say on the matter of appropriation is lodged in Congress. The
power of appropriation carries with it the power to specify the
project or activity to be funded under the appropriation law. It can
be as detailed and as broad as Congress wants it to be
3. The existence of appropriations and the availability of funds are
indispensable requisites to, or conditions sine qua non for, the
execution of government contracts
4. Appropriation must be devoted to a public purpose which must
be specified
5. The sum authorized to be released must be determinate, or at
least determinable
1. The presidential decrees providing for the appropriation
of funds to pay the public debt do not violate Section 29(1),
Article VI of the Constitution. They provide for a
continuing appropriation, there is no constitutional
prohibition against this. The presidential decrees
appropriate as much money as is needed to pay the
principal, interest, taxes and other normal banking charges
on the loan. Although no specific amounts are mentioned,
 the amounts are certain because they can be computed from
the books of the National Treasury
6. Must be supported by funds actually available as certified to by
the National Treasurer, or to be raised by a corresponding revenue
proposal included therein
7. Limitations on the general appropriations law
1. Congress may not increase the appropriations
recommended by the President for the operation of the
Government as specified in the budget
2. The form, content, and manner of preparation of the
budget shall be prescribed by law
3. No provision or enactment shall be embraced unless it
relates specifically to some particular appropriation therein
4. If, by the end of any fiscal year, the Congress shall have
failed to pass the general appropriations bill for the ensuing
fiscal year, the general appropriations law for the preceding
fiscal year shall be deemed re-enacted
8. No law shall be passed authorizing any transfer of
appropriations, however, the President, the President of the Senate,
the Speaker of the House of Representatives, the Chief Justice of
the Supreme Court, and the heads of Constitutional Commissions
may, by law, be authorized to augment any item in the general
appropriation law for their respective offices from savings in other
items of their respective appropriations
ii. Presidential veto and Congressional override
1. If the President disapproves the bill, he shall return the same,
with his objections thereto contained in his Veto Message, to the
House of origin [which shall enter the objections at large in its
Journal]. The Veto is overridden upon a vote of two-thirds of all
members of the House of origin and the other House [Yeas and
nays entered in the Journal of each House]
2. No pocket veto. Veto must be made and communicated within
30 days. Otherwise, deemed signed
3. Partial or item
1. It is allowed only for particular items in an appropriation,
revenue or tariff bill. Also for inappropriate provisions
2. The President cannot veto part of an item in an
appropriation bill while approving the remaining portion of
the item
2. Non-legislative
a. Informing function
b. Power of impeachment
1. To initiate through the House of Representatives and, through the
Senate, to try all cases of impeachment against the President, Vice
President, the Members of the Supreme Court, the Members of the
Constitutional Commissions and the Ombudsman, or culpable violation of
 the Constitution, treason, bribery, graft and corruption, other high crimes,
or betrayal of public trust
2. A public officer who is removable by Impeachment cannot be charged
before the Sandiganbayan with an offense which carries with it the penalty
of removal from office unless he is first impeached. Otherwise, he will be
removed from office by a method other than impeachment
c. Other non-legislative powers
1. By a vote of 2/3 of both Houses in joint session assembled, voting
separately, declare the existence of a state of war
2. Punishment of contumacious witness may include imprisonment, for the
duration of the session. The Senate, being a continuing body, may order
imprisonment for an indefinite period, but principles of due process and
equal protection will have to be considered
3. Board of canvassers in the election of President and Vice-President
1. Congress may validly delegate the initial determination of the
authenticity and due execution of the certificates of canvass to a
Joint Congressional Committee, composed of members of the
House of Representatives and of the Senate
2. Even after Congress has adjourned its regular session, it may
continue to perform this constitutional duty of canvassing the
presidential and vice-presidential election results without need of
any call for a special session by the President
4. Power to call a special election for President and Vice President
5. Power to judge President’s physical fitness to discharge the functions of
the Presidency
1. To decide whether the President is temporarily disabled in the
event he reassumes his office after the Cabinet, by a majority of
vote of its members, declared that he is unable to discharge the
powers and duties of his office and now within five days insists
that the President is really unable to discharge the powers and
duties of the presidency
6. Power to revoke or extend suspension of the privilege of the writ of
habeas corpus or declaration of martial law
7. Power to concur in Presidential amnesties. Concurrence of majority of
all the members of Congress
8. Power to concur in treaties or international agreements. Concurrence of
at least 2/3 of all the members of the Senate
1. The statement that a treaty which provides tax exemption needs
no concurrence by a majority of all the Members of Congress is
true. It is only a law, not a treaty, granting a tax exemption which
requires the concurrence of a majority of all the Members of
Congress
9. Power to confirm certain appointments/nominations made by the
President
1. Nomination made by the President in the event of a vacancy in
the Office of Vice President, from among the members of
 Congress, confirmed by a majority vote of all the Members of both
Houses of Congress, voting separately
2. Nominations made by the President under Sec. 16, Art. VII,
confirmed by Commission on Appointments
10. Power of impeachment
11. Power relative to natural resources [Sec. 2, Art. XII]
12. Power to propose amendments or revisions to the Constitution