CONSTITUTIONAL LAW I Six years (commencing on June 30, 12

TERM OF OFFICE
noon) (Sec. 4, Art. VI)
SEPTEMBER 12, 2023 (RECITATION) No senator shall serve for more than 2
consecutive terms. Voluntary
LEGISLATIVE DEPARTMENT renunciation of office for any length of
LIMITATION time shall not be considered as an
Legislative Power interruption in the continuity of his
service for the full term for which elected.
 Definition: The power to propose, enact, amend, or (Sec. 4, Art. VI)
repeal laws
 Vested: In Congress, except to the extent reserved to
the people by initiative and referendum HOUSE OF REPRESENTATIVES

a. Scope and Limitations COMPOSITION Not more than 250 members, unless
otherwise provided by law [Sec. 5(1) and
b. Principles of Non-Delegability (2), Art. VI)
19th Congress: 316 members
i. Exceptions District Representatives: Elected from
legislative districts apportioned among
Chambers of Congress; Composition; Qualifications the provinces, cities, and Metropolitan
Manila
SENATE
Party-list Representatives: Shall
constitute 20% of the total number of
24 Senators elected-at-large (Sec. 2, Art. representatives, elected through a party-
COMPOSITION
VI) list system of registered national,
1. Natural-born citizen of the regional, and sectoral parties or
Philippines organizations
2. At least 35 years old on election day Sectoral Representatives: For three
3. Able to read and write consecutive terms after the ratification, ½
QUALIFICATION
4. Registered voter of the seats allocated to party-list
S
5. Resident of the Philippines for not representatives shall be filled, as provided
less than two years immediately by law, by selection or election from the
preceding day of election (Sec. 3, Art. youth, peasant, urban poor, indigenous
VI) cultural communities, women, labor,
 except the religious sector (Until a law is
passed, the President may fill by
appointment from a list of nominees by
respective sector subject to approval of
the Commission on Appointments)
1. Natural-born citizen of the
Philippines
2. At least 25 years old on election day
3. Able to read and write
QUALIFICATION 4. Registered voter in the district in
S which he shall be elected (except
party-list)
5. Resident thereof for not less than a
year immediately preceding election
(Sec. 6, Art. VI)
Three years (commencing on June 30, 12
TERM OF OFFICE
noon) (Sec. 7, Art. VI)
Shall not serve for more than three
LIMITATION
consecutive terms
District Representatives and Questions of Apportionment
 The question of the validity of apportionment law is
justiciable (Macias v. COMELEC)
 Apportionment shall be made in accordance with the
number of respective habitants (among provinces, cities,
and Metro Manila) on basis of uniform or progressive
ratio.
o Each city with not less than 250,000 inhabitants
entitled to 1 representative.
o Each province, irrespective of number of
inhabitants, is entitled to at least 1
representative.
o Each legislative district shall comprise, as far as
practicable, contiguous, compact, and
adjacent territory. This is to prevent
gerrymandering.
 Gerrymandering: The process in which voting districts
are redrawn in a way to favor one party during elections
 Congress shall make reapportionment of legislative
districts within three years following the return of every
census.
CASE: Mariano v. COMELEC
HELD: The Court held that the Constitution does not preclude
Congress from increasing its membership by passing a law
other than general apportionment law. In Tobias v. Abalos, the
Court ruled that reapportionment of legislative districts may be
made through a special law. To hold that reapportionment can
only be made through a general law would create an inequitable
situation, where a new city or province created by Congress will
be denied legislative representation for an indeterminate period
of time. It would deprive the people in the city or province a
particle of their sovereignty.
CASE: Montejo v. COMELEC
HELD: While the conversion of Biliran into a regular province
brought about an imbalance in the distribution of voters and
inhabitants in the 5 districts of Leyte, the issue involves
reapportionment of legislative districts, and petitioner’s remedy
lies with Congress. The Court cannot itself make the
reapportionment as the petitioner would want.
CASE: Sema v. COMELEC
HELD: Congress cannot validly delegate to the ARMM Regional
Assembly the power to create legislative districts. The power to
increase allowable membership in the House and to
reapportion legislative districts is vested exclusively in
Congress. Sec. 19, Art. VI of R.A. 9054 granting the ARMM
Regional Assembly the power to create provinces and cities is
void for being unconstitutional.
Party-List System (RA 7941 – “Party-List System Act”)
 Mechanism of proportional representation in the
election of representatives to the House of
Representatives from national, regional, and sectoral
parties or organizations or coalitions thereof registered
with the COMELEC.
Registration: Manifestation to Participate in the Party-list
 Party – either a political party or a sectoral party or a
System
coalition of parties
 Political Party – organized group of citizens
advocating an ideology or platform, principles, and
policies for the general conduct of government and
which, as the most immediate means of securing their
adoption, regularly nominates and supports certain of
its leaders and members, as well as candidates for public
office
o National Party – When its constituency is
spread over the geographical territory of at least
a majority of the regions
o Regional Party – its constituency is spread over
the geographical territory of at least a majority of
the cities and provinces comprising the region
 Sectoral Party – organized group of citizens belonging
to any of the following sectors: labor, peasant,
fisherfolk, urban poor, indigenous cultural
communities, elderly, handicapped, women, youth,
veterans, overseas workers, and professionals,
whose principal advocacy pertains to the special interest
and concerns of their sector
 Sectoral Organization – group of citizens or a
coalition of groups of citizens who share similar physical
attributes or characteristics, employment, interests, or
concerns
 Coalition – aggrupation of duly registered national,
regional, sectoral parties or organizations for political
and/or election purposes
 Any organized group of persons may register as a party,
organization, or coalition for purposes of the party-list
system by filing, with the COMELEC not later than 90
days before the election, a petition verified by its
president or secretary stating its desire to participate in
the party-list system as a national, regional, or sectoral
party or organization, or coalition
  Any party, organization, or coalition already registered
need not register anew, but shall file with the
COMELEC not later than 90 days before election, a
manifestation of its desire to participate in the party-list
system.
Refusal and/or Cancellation of Registration
 COMELEC may, motu proprio, or upon verified
complaint of any interested party, refuse or cancel, after
due notice and hearing, the registration of any national,
regional or sectoral party, organization or coalition on
any of the following grounds:
1. Religious sect or denomination, organization
or association for religious purposes
2. Advocates violence or unlawful means to
seek its goal
3. Foreign party or organization
4. Receiving support from any foreign
government, political party, foundation,
organization, whether directly or through
any of its officers or members, or indirectly
through third parties, for partisan election
purposes
5. Violates or fails to comply with laws, rules,
or regulations relating to elections
6. Declares untruthful statements in its petition
7. Has ceased to exist for at least one year
8. Fails to participate in the last two preceding
elections to obtain at least 2% of votes cast
under party-list system in the two preceding
elections for the constituency in which it is
registered
Nomination of Party-list Representatives
 Each registered party, organization, or coalition shall
submit to the COMELEC not later than 45 days before
the election, a list of names, not less than five, from
which party-list representatives 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 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, 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.
 Incumbent sectoral representatives who are nominated
in the party-list system shall not be considered resigned.
Qualifications of Party-list Nominees
1. Natural-born citizen of the Philippines
2. Registered voter
3. Resident of the Philippines for at least 1 year preceding
day of 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 election
6. At least 25 years of age on election day
 Youth sector – at least 25 years old but not more
than 30 years old on the day of election
 Any youth representative who attains the age of 30
during his term shall be allowed to continue in office
until expiration of his term
Manner of Voting
 Every voter shall be entitled 2 votes:
1. Candidate for member in his legislative district
2. A vote for the party, organization, or coalition he wants
represented
CASE: Bantay Republic BA-RA 7941 v. COMELEC
HELD: The COMELEC has a constitutional duty to disclose and
release the names of the nominees of the party-list groups,
citing Sec. 7, Art. III on the right of the people to information
on matters of public concern as complemented by the policy of
full disclosure and transparency in the Government.
Number
 PL Representatives shall constitute 20% of the total
number of members of the House, including those
under the PL.
 For the May 1998 elections, the first five major political
parties on the basis of party representation in the House
at the Start of the 10th Congress shall not be entitled to
representation in the PL.
 In determining the allocation of seats for the second
vote:
a. Parties, organizations, and coalitions shall be ranked
from highest to lowest based on the number of votes
garnered during elections
b. Parties receiving at least 2% of total votes cast for
the PL shall be entitled to one seat each; provided
that those garnering more than 2% shall be entitled
to additional seats in proportion to their total
number of votes; provided finally that each party
shall be entitled to not more than 3 seats.
CASE: Veterans Federation Party v. COMELEC
FACTS: The first party-list elections were simultaneously held
on May 1998, together with the national elections. Of the 52
seats allotted for the party-list congressmen based on the 20-
percent allocation, only thirteen party-list representatives
garnered at least 2% votes to qualify for a seat. The first partylist
received two seats. A petition was brought before COMELEC to
proclaim the full number of party-list representatives as
provided unde the 20-percent rule.
Acting on said petition, respondent COMELEC proclaimed 38
party-list representatives as winners. Respondent COMELEC
argued it was conceived to enable the marginalized sector to
be represented, that the system should represent the
broadest sectors, and it should encourage the multi-party
system. It ignored the two-percent threshold requirement of
RA 7941.
Petitioners filed a Motion for Reconsideration, objecting to the
proclamation of the 38 parties and invoked Sec. 11(b) of RA 7941,
stating that only parties, organizations, or coalitions garnering
at least 2% votes shall be entitled for a seat, and additional seats
not exceeding two for each party, should be allocated to those
which had garnered the two percent threshold in proportion to
the number of votes cast for the winning parties. COMELEC
denied said petition.
ISSUES:
1. Whether the 20-percent allocation is mandatory
2. Are the two percent threshold requirement and the
three seat-limit provided in Section 1(b) of RA 7941
constitutional?
3. If the answer to Issue 2 is in the affirmative, how should
the additional seats of qualified parties be determined?
HELD:
1. No. The Constitution simply states “[t]hat the party-list
representatives shall constitute twenty-percentum of
the total number of representatives including those
under the party-list. Congress has the prerogative to
determine how the seats shall be filled up. COMELEC
should not be faulted for the incompleteness as this is
the result of the people’s right to suffrage.
2. Yes. In imposing the 2% threshold, Congress wanted to
ensure that only those parties, organizations, and
coalitions having a sufficient number of constituents
deserving of representation are actually represented. It
is consistent not only with the intent of the framers, but
also with the very essence of “representation.” The
three-seat limit is also consistent with the intent of the
framers, to limit the number of seats one qualified party
may have.
3. The formula:
a. Rank all participating parties based on the number
of votes. Then the ratio is computed by dividing its
votes by the total votes cast for all parties
participating. All parties with at least two percent of
the total votes are guaranteed one seat and shall be
considered in the computation of additional seats.
b. Determine the number of seats the first party is
Number of votes of first party
entitled to: =
Total votes for t h e party−list system
Proportion of votes of first party relative to the
total votes for party-list system.
c. Additional Seats for Concerned Party =
No . of votes of concerned party
x No. of
No. of votes of first party
additional seats allocated for the first party
The Supreme Court reversed the COMELEC ruling that the 38
respondent parties, organizations, and coalitions were each
entitled to a party-list seat despite their failure to obtain at least
2% each of the national votes in the 1998 election. The Court
said that the Constitution and RA 7941 mandate at least four
parameters:
1. 20% Allocation – the combined number of all party-list
congressmen shall notg exceed 20% of the total
membership of the House
2. 2% Threshold – only those parties garnering a
minimum of2% of the total valid votes cast for the
party-list system are qualified to have a seat in the
House
3. Three-Seat Limit – Each qualified party, regardless of
the number of votes it actually obtained, is entitled to a
maximum of three seats (one qualifying and two
additional)
4. Proportional Representation – the additional seats
which a qualified party is entitled to shall be computed
in proportion to their total number of votes
CASE: Partido ng Manggagawa and Butil Farmers Party v.
COMELEC
FACTS: Petitioners party-list groups sought the immediate
proclamation of COMELEC of their respective nominees
claiming that they were entitled to one additional seat based on
the number of votes they obtained and on the formula used by
the SC in Ang Bagong Bayani.
HELD: The court ruled that the formula used in the landmark
case of Veterans Federation Party which is:
Votescast for Qualified Party
Additional seat = x Alloted
Votes cast for First Party
Seats for First Party
shall be followed. Ang Bagong Bayani merely reiterated
this formula for computing the additional seats which a
party-list group shall be entitled to.
CASE: Ang Bagong Bayani – OFW Labor Party v.
COMELEC
HELD: Even if major political parties are allowed by the
Constitution to participate in the party-list system, they
must show, however, that they represent the interests of
the marginalized and under-represented.
1. Must represent the marginalized and under-represented
sectors
2. Major political parties must comply with statutory
policy
3. Ang Bagong Buhay Hayaang Yumabong must be subject
to the express constitutional prohibition against
religious sects
4. The party must not be disqualified under RA 7941
 5. The party must not be an adjunct of an entity or project
funded by the government
6. The party and nominees must comply with
requirements of the law
7. Nominee must also represent a marginalized or under-
represented sector
8. The nominee must be able to contribute to the
formulation and enactment of appropriate legislation
Choosing Party-List Representatives
 Party-list representatives are proclaimed by the
COMELEC based on the list of names submitted by the
respective parties according to the ranking in the list
Effect of Change of Affiliation
 Any elected party-list representative who changes his
political or sectoral affiliation during his term of office
shall forfeit his seat.
 Provided that if he changes within six months before an
election, he shall not be eligible for nomination.
Vacancy
 In case of vacancy in the seats reserved for party-list
representatives, the vacanc shall be automatically filled
by the next representative from the list of nominees in
the order submitted to COMELEC serving for the
unexpired term.
Term of Office
 PL Representatives shall be elected for a term of three
years, and shall be entitled to the same salaries and
emoluments as regular members of the House
Election
1. Regular – Unless otherwise provided by law, on the
second Monday of May (Sec. 8, Art. VI)
2. Special – To fill a vacancy, but elected member shall
serve only for the unexpired portion of the term (Sec. 9,
Art. VI)
Salaries
 Salaries of Senators and Members of the House 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 House approving such increase. (Sec.
10, Art. VI)
 P273,278 to P312,902
Legislative Privileges; Inhibitions; and Disqualifications
1.Freedom from Arrest – In all offenses punishable by
not more than six years imprisonment, be privileged
from arrest while Congress is in session (Sec. 11, Art. VI)
 Art. 145, RPC – Prision mayor for any person who shall
use force, intimidation, threats, or fraud to prevent any
member of the National Assemby from attending
meetings, expressing his opinions or casting a vote
 o Prision correccional for any public officer or
employee who shall, while Assembly is in
session, arrest or search any member thereof
except in case such member has committed a
crim punishable under this code by penalty
higher than prision mayor.
CASE: People v. Jalosjos
HELD: The SC denied respondent’s motion that he be allowed
to fully discharge the duties of a Congressman, including
attending legislative sessions and committee hearings despite
being convicted by a non-bailable offense.
a. Membership in Congress does not exempt an accused
from statutes and rules applying to validly incarcerated
persons
b. One rationale behind confinement is public self-defense
(injury to he public, not to the complainant which state
action seeks to redress)
c. It would amount to the creation of a privileged class
without justification in reason, if notwithstanding their
liability, they would be considered immune from arrest
during attendance in Congress
d. Accused-appellant is provided with an office at the
Admin. Bldg., New Bilibid Prison, where he attends to
his constituents; he has therefore been discharging his
mandate
CASE: Trillanes IV v. Judge Pimentel
FACTS: Petitioner sought from Makati RTC leave to attend to
his official functions as Senator. He anchored his motion on his
right to be presumed innocent, and claims that the Jalosjos
ruling should not be applied to him because he is a mere
detention prisoner and is not charged with a crime involving
moral turpitude. Makati RTC denied.
HELD: SC denied petition on the ground that Sec. 13, Art. III
provides that crimes punishable by reclusion perpetua are non-
bailable. The presumption of innocence does not carry with it
the full enjoyment of civil and political rights.
2. Privilege of Speech and of Debate – No member shall
be questioned nor held liable in any other place for any
speech or debate in the Congress or in any committee
thereof
 The member of Congress may be held to account for
such speech or debate by the House to which he belongs
CASE: Osmena v. Pendatun
FACTS: Petitioner made accusations against President Garcia in
a privilege speech in Congress. A special committee was created
and tasked to investigate the truth of the charges made by
petitioner.
Petitioner alleged that this violated his constitutional absolute
parliamentary immunity that his words constituted no
actionable conduct, and after his speech, the House took up
other business contrary to Rule XVII, Section 7 of the Rules of
the House.
Respondents filed their answer to the petition, challenged the
jurisdiction of the SC, defended the disciplinary powers of
Congress, upheld HR 175, and emphasized that since Congress
has ended session on July 18, 1960, the Committee had ceased to
exist.
ISSUE: Whether or not HR 175 violated petitioner’s
constitutionally granted parliamentary immunity for speeches?
HELD: No. Section 15, Art. VI provides that “for any speech or
debate” in Congress, the Senators or Members of the House of
Representative “shall not be questioned in any other place.”
The members of Congress may, nevertheless, be
questioned in Congress itself. Observe that “they shall not be
questioned in any other place” than Congress.
Disqualifications (Sec. 13, Art. VI)
1. Incompatible Office – No senator or member of the
House may hold any other office or employment in the
Government, or any subdivision, agency, or
instrumentality thereof, including GOCCs or their
subsidiaries during his term without forfeiting his seat.
o Forfeiture of the seat in Congress is automatic
upon assumption of such other office deemed
incompatible
o No forfeiture if the member holds an ex officio
capacity
2. Forbidden Office – 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. The ban against appointment
shall last only for the duration of the term for which he
was elected
3. Other Inhibitions (Sec. 14, Art. VI)
a. No Senator or Member of the House may
personally appear as counsel before any court or
electoral tribunal, or quasi-judicial or other
administrative bodies
b. Neither shall he directly or indirectly be interested
financially in any contract with or in any franchis or
special privilege granted by the Government, or any
subdivision, agency, or instrumentality thereof,
including any GOCC, or its subsidiary during his
term of office
c. He shall not intervene in any mtter before any office
of the Government for his pecuniary benefit or when
he may be called upon to act on account of his
office.
Sessions
1. Regular – 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 (Sec. 15, Art. VI)
2. Special – The President may call a special session at any
time (Sec. 15, Art. VI)
3. Joint Sessions
a. Voting Separately
 i.Choosing the President (Sec. 4, Art. VII)
ii.Determine President’s disability (Sec. 11, Art. VII)
iii.Confirmin nomination of the VP (Sec. 9, Art.
VII)
iv. Declaring existence of a state of war (Sec. 23, Art.
VI)
v. Proposing constitutional amendments (Sec. 1,
Art. XVII)
b. 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)
Adjournment
 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 [Sec. 16(5), Art. VI]
Officers
 Senate to elect its President
 House to elect its Speaker
 Majority vote of all its respective members
 Each House shall choose such other officers as it may
deem necessary
Quorum and Voting Majorities
 A majority of each House
 Smaller number may adjourn from day to day and may
compel the attendance of absent members in such a
manner and under such penalties as such House may
determine.
 In Avelino v. Cuenco, 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.
 In Arroyo v. De Venecia, the SC declared that the
question of quorum cannot be raised repeatedly,
especially when a quorum is obviously present, for the
purpose of delaying the business of the House
Rules of Proceedings
 Each housr may determine the rules of its proceedings
(See Pacete v. Secretary of the Commission on
Appointments)
Discipline of Members
 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.
 In Osmena v. Pendatun, the Court held that 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,
the same being a political question.
  The suspension contemplated is different from that
prescribed in RA 3019 or the Anti-Graft and Corrupt
Practices Act. The latter is but a preliminary preventive
measyre and is not imposed upon the petitioner for
misbehavior as a member of Congress.
 In Miriam Defensor-Santiago v. Sandiganbayan, the
orders of suspension provided in RA 3019 is distinct
from the powers of Congress to discipline its own ranks.
Neither does the order of suspension encroach upon the
power of Congress.
Records and Books of Accounts
 Preserved an open to the public in accordance with law;
books shall be audited by COA which shall publish
annually an itemized list of amounts paid to and
expenses incurred for each member.
Legislative Journal and the Congressional Record
 Each House shall keep a Journal of its proceedings, and
from time to time, publish the same excpeting such
parts as may, in its judgment, affect national security;
and the yeas and nays on any question shall, at the
request of one-fifth of the Members present, be entered
in the journal
 Each House shall also keep a Record of its proceedings
1. Matters to be entered in the Journal
(Constitutionally Mandated)
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
d. Yeas and nays on any question at the request
of 1/5 members present
2. Enrolled Bill Theory – An enrolled bill is one duly
introduced and finally passed by both Houses,
authenticated by proper officers of each, and
approved by the President.
 Conclusive upon the courts as regard the tenor
of the measure passed by Congress and the
President
 Court is bound under the Doctrine of Separation
of Powers by the contents of a duly
authenticated measure of the legislature
(Mabanag v. Lopez Vito)
 If a mistake was made in the printing of the bill
before it was certified by Congress and approved
by President, the remedy is amendment or
corrective legislation, not a judicial decree
(Casco Chemical Co.v. Gimenez)
3. Journal Entry vs. Enrolled Bill – The enrolled bill
shall prevail, except as to matters which must be
entered in the journal (Astorga v. Villegas)