MODULE 4

Intro to the Legislative Department

Article VI, Section 1: “The Legislative power shall be vested in the Congress of the Philippines
which shall consist of a Senate and a House of Representatives, except to the extent reserved to
the people by the provision on initiative and referendum.”
Legislative Power – The authority to make laws and alter and repeal them. Vested by the
Constitution in the Congress, it is a derivative and delegated power. (Bernas)
 As vested by the Constitution in the Congress, it is a derivative and delegated power.
“The Constitution is the work and will of the people themselves, in their original,
sovereign, and unlimited capacity. Law is the work or will of the legislature in their
derivative and subordinate capacity. The one is the work of the Creator, and the other
of the creature. The constitution fixes limits to the exercise of legislative authority and
prescribes the orbit within which it must move.”
 It is vested in the Congress, except to the extent reserved to the people by the
provisions on initiative and referendum
 The Legislative Department consists of a bicameral body; legislative powers are equally
divided to the Senate and House of Representatives
 Delegation of legislative powers is PERMITTED

Non-Delegability of legislative powers – Unlike the Constitution of the United States which
contains only a grant of enumerated legislative powers to the Federal Congress, the 1987
Constitution, like the 1973 and 1935 Constitutions, embodies a grant of plenary legislative
power to the Philippine legislature. Thus, “any power, deemed to be legislative by usage and
tradition, is necessarily possessed by Congress, unless the organic act has lodged it elsewhere.”
And in fact, Section 1 of the 1987 organic law has also given legislative power to the electorate
through the exercise of “initiative and referendum” as set down in Section 32.
 Congress alone can make laws and Congress may not delegate its law-making power.
This is the principle of non-delegability of legislative power.
Exceptions to Non-Delegability of Legislative Power
People’s Initiative – Power of the people to propose amendments to the Constitution or to
propose and enact legislation through an election called for the purpose (R.A. No. 6735, Sec. 3,
par. [a]).

Classes 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 (R.A. No. 6735, Sec. 3, par. [a]).
Local Initiative – 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 (R.A. No.
6735, Sec. 13).
Limitations on Local Initiative...
1. Power of local initiative shall not be exercised more than once a year.
2. Initiatives 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 should not adopt in
toto the proposition presented, the initiative shall be cancelled (R.A. No. 6735, Sec. 15).
Limitation on Local Legislative Body vis-a-vis Local Initiative – Any proposition or ordinance
approved through the system of initiative and referendum shall not be repealed, modified, or
amended by the Sanggunian within 6 months from the date of approval thereof, and may be
amended, modified, or repealed within 3 years thereafter by a vote of ¾ of all its members. In
case of barangays, the period shall be 18 months after approval (LGC, Sec. 125).
Indirect Initiative – Exercise of initiative by the people through a proposition sent to the
Congress or the local legislative body for action (R.A. No. 6735, Sec. 3, par. [b]).

Referendum – Power of the electorate to approve or reject legislation through an election

called for that purpose (R.A. No. 6735, Sec. 3, par. [c]).
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 – Legal process whereby the registered voters of the local
government units may approve, amend, or reject any ordinance enacted by the
Sanggunian (LGC, Sec. 126).
The following cannot be the subject of an initiative or referendum petition:
1. No petition embracing MORE THAN ONE SUBJECT shall be submitted to the electorate.
 2. Statutes involving emergency measures, the enactment of which is specifically vested in
Congress by the Constitution, cannot be subject to referendum until 90 DAYS AFTER
THEIR EFFECTIVITY (R.A. No. 6735, Sec. 10).
Emergency Powers
Article VI, Section 23, paragraph (2): “In times of war or other national emergency, the
Congress may, by law, authorize the President, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared
national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease
upon the next adjournment thereof.”
Emergency Powers – Congress may authorize the president to exercise emergency powers. This
authority may then be discharged by him with more dispatch and decisiveness than can be
expected from the Congress itself dealing with the crisis. When emergency powers are
delegated to the president, he becomes in effect a constitutional dictator. But in strict legal
theory, there is no total abdication of legislative authority in his favor. The conferment itself is
supposed to be subject to certain restrictions and requirements intended to make him only an
agent rather than a replacement of the legislature.
 In times of war or other national emergency, it is not likely that a quorum can be
convened in the Congress to enable it to do business. Assuming such quorum, there is
still the divisiveness and delay inherent in the lawmaking process that may hamper
effective solution of the problems caused by the emergency. Such problems, needless to
say, must be solved within the shortest possible time to prevent them from aggravating
the difficulties of the nation.
The conditions for the vesture of emergency powers in the President are the following:
1. There must be war or other national emergency.
2. The delegation must be for a limited period only.
3. The delegation must be subject to such restrictions as the Congress may prescribe.
4. The emergency powers must be exercised to carry out a national policy declared by the
Congress.

 There cannot be any delegation of emergency powers in the absence of an emergency.

 Emergency powers are self-liquidating unless sooner withdrawn, in the sense that they
will automatically cease upon the end of the emergency that justified their delegation.
 C.A. No. 671, which conferred emergency powers on the President following the
outbreak of the Pacific War in 1941, authorized their exercise only “during the existence
of the emergency.”

 National Emergencies
 Rebellion
 Economic crisis
 Pestilence or epidemic
 Typhoon
 Flood
 Other nation-wide proportions or effect.
SIDENOTE: CONFERMENT OF EMERGENCY POWERS ON THE PRESIDENT IS NOT MANDATORY
ON THE CONGRESS. IN THE FACE OF THE WORST CRISIS, THE CONGRESS MAY CHOOSE TO HOLD
ON TO ITS LEGISLATIVE POWERS AND VALIDLY REFUSE TO DELEGATE IT; OR SHOULD IT DECIDE
TO DO SO, LIMIT ITS DURATION AND TERMINATE IT EVEN BEFORE THE END OF THE
EMERGENCY.
Tariff Powers
Taxation – A mode of raiding revenue for public purposes (Cooley).
Power of Taxation – The power inherent in sovereignty to raise revenue to defray the
necessary expenses of government, that is, for any public purpose (Cooley).
 Primarily exercised by the legislature and local legislative bodies; and to a limited extent,
the President when granted.
 Taxes are the lifeblood of the nation through which the government agencies continue
to operate and with which the State effects its functions for the welfare of its
constituents (CIR v. CTA).
Tariff Powers – As already seen, Congress may not delegate its law-making authority. This rule,
however, is not absolute and one exception to it is that the power may be delegated in the
instances where the Constitution itself specifically authorizes the delegation. One such instance
of allowable delegation is what is provided for in Section 28, paragraph 2:
“The Congress may, by law, authorize the President to fix within specified limits, and subject to
such limitations and restrictions is it may impose, tariff rates, import and export quotas,
tonnage and wharfage dues, and other duties or imposts within the framework of the national
development program of the Philippines.”
Composition and Qualifications
Philippine Congress – Bicameral; composed of the Senate and House of Representatives.
SENATE
Senate Composition – 24, elected at large by the qualified voters of the Philippines.
  The number can be changed only by constitutional amendment. The phrase “as may be
provided by law” in Section 2 has reference to the mechanics for electing the Senators
at large, and not to the number of Senators (BERNAS).
 Staggered elections are done for the purpose of continuity within the government.
Senate Qualifications:
1. A natural-born citizen of the Philippines those who are citizens of the Philippines from
birth without having to perform any act to acquire or perfect their Philippine citizenship.
NOTE: A natural-born citizen who loses his citizenship by neutralization in another country
but later is repatriated recovers his status of being a natural-born citizen and therefore is
qualified to be a member of Congress (Bengzon v. HRET).
2. At least 35 YEARS of age on the day of the election
3. Able to read and write
4. Is a registered voter
5. Resident of the Philippines for not less than 2 YEARS immediately preceding the day of
the election.
Term of Office – 6 years, commencing at noon on the 30th day of June next following their
election (CONST. Art. VI, Sec. 4; CONST. Art. XVIII, Sec. 2, par. [2]).
Term limit – No senator shall serve for more than 2 consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an interruption in
the continuity of his service for the full term for which he was elected (CONST. Art. VI, Sec.
4).

HOUSE OF REPRESENTATIVES
House of Representatives Composition – Not more than 250 members, unless otherwise
fixed by law, consisting of:
1. District Representatives – Elected from legislative districts appropriated among the
provinces, cities, and the Metropolitan Manila area (CONST. Art. VI, Sec. 5, par. [1]).
2. Party-List Representatives – Shall constitute 20% of the total number of the members
of the House of Representatives including those under the party-list (R.A. No. 7941, Sec.
11; CONST. Art. VI, Sec. 5, par. [2]).
House of Representatives Qualifications:
1. A natural-born citizen of the Philippines
2. At least 25 YEARS of age on the day of the election
3. Able to read and write
4. Except the party-list representatives, a registered voter in the district in which he shall
be elected
5. A resident thereof for a period of not less than 1 year immediately preceding the day of
the election (CONST. Art. VI, Sec. 6).