By: Elwyn Geraint D.

Lloyd
Roland John H. Sanchez
 Congress: the Legislative Branch
of government in the Philippines
 Purpose, functions and structure of
Congress
 Constitutional mandates with
respect to Congress
 From the Latin lex, legis meaning law
 The legislative branch broadly deals

with the making, deliberation over,

enactment, amendment and repealing
of laws
There are two basic structures for legislative
branches of government:
1. Unicameral
• The legislative branch consists of one
chamber/house

2. Bicameral
• Legislative power is vested in two
chambers/houses
There are two basic structures for legislative
branches of government:
1. Unicameral
• The legislative branch consists of one
chamber/house

2. Bicameral
• Legislative power is vested in two
chambers/houses
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.
The Philippine Congress is the country’s
legislative department (Art. VI, Sec. 1)

• Congress is bicameral
 Upper House: Senate
 Lower House: House of Representatives
 Legislative power – is essentially the authority
under the Constitution to make laws and
subsequently, when the need arises, to alter and
repeal them.
It is the peculiar task of the legislature to
prescribe general rules for the government of
society.
 Laws – refers to the statutes which are the
written enactments of the legislature governing
the relations of the people among themselves
or between them and the government and its
agencies.
 Rights and duties of citizens
 Imposes taxes
 Appropriate funds
 Defines crimes and provides for their punishment
 Creates and abolishes government officers
 Determines their jurisdiction and functions; and
 In general, regulates human conduct and the use
of property for the promotion of the common
good.
 Congress of the Philippines which is a double-
chamber body consisting of the Senate and the
House of Representatives, a bicameral legislature
has been created in the place of the unicameral
set-up provided in the 1973 Constitution.
 A second chamber (Senate) is necessary to serve as a check to
hasty and ill-considered legislation;
 It serves as a training ground for future leaders;
 It provides a representation for both regional and national
interests;
 A bicameral legislature is less susceptible to bribery and
control of big interests; and
 It is the traditional form of legislative body dating from ancient
times; as such, it has been tested and proven in the crucible of
human experience
 The bicameral set-up has not worked out as an effective
fiscalizing machinery;
 Although it affords a double consideration of bills, it is no
assurance of better considered and better deliberated
legislation;
 It produces duplication of efforts and serious deadlocks in the
enactment of important measures with the Conference
Committee of both Houses, derisively called the “third
chamber”, practically arrogating unto itself the power to enact
law under the authority to thresh out differences;
 All things being equal, it is more expensive to maintain than a
unicameral legislature; and
 The prohibitive costs of senatorial elections have
made it possible for only wealthy individuals to
make it to the Senate; and as to claim that a Senate
is needed to provide a training ground for future
leaders, two of our Presidents became chief
executives even if their service was confined to
the House of Representatives.
 General legislative power
 Specific powers
 Implied powers
 Inherent powers
 Presidential system
three distinct classes: legislative, executive,
and judicial.
 Parliamentary system
 French presidential-parliamentary system
 Checks by the President
 Checks by Congress
 Checks by the judiciary
 Section 2. The Senate shall be composed of twenty-four Senators who shall
be elected at large by the qualified voters of the Philippines , as may be
provided by law.

 Section 3. No person shall be a Senator unless he is a natural-born citizen

of the Philippines, and, on the day of the election, is at least thirty-five
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.

 Section 4. The term of office of the Senators shall be six years and shall
commence, unless otherwise provided by law, at noon on the thirtieth day
of June next following their election.
No Senator shall serve for more than two 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.
 The Senate
• Composition
• Term of office
• Qualifications
• Maximum terms
• Registered voter
• One’s residence
 Composition 24 Senators elected at large
Natural-born citizen
 Qualifications At least 35 years old on election
day
Literate (can read and write)
Registered voter
Philippine resident for 2 years
 Term of Office
prior to election day
6 years
Maximum: 2 terms
 Section 5. (1) The House of Representatives shall be composed of not more
than two hundred and fifty members, unless otherwise fixed by law, who
shall be elected from legislative districts apportioned among the provinces,
cities, and the Metropolitan Manila area in accordance with the number of
their respective inhabitants, and on the basis of a uniform and progressive
ratio, and those who, as provided by law, shall be elected through a party-
list system of registered national, regional, and sectoral parties or
organizations.

 (2) The party-list representatives shall constitute twenty per centum of the
total number of representatives including those under the party list. For
three consecutive terms after the ratification of this Constitution, one-half
of the seats allocated to party-list representatives shall be filled, as provided
by law, by selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and such other sectors as
may be provided by law, except the religious sector.
 (3) Each legislative district shall comprise, as
far as practicable, contiguous, compact, and
adjacent territory. Each city with a population
of at least two hundred fifty thousand, or each
province, shall have at least one representative.
 (4) Within three years following the return of
every census, the Congress shall make a
reapportionment of legislative districts based
on the standards provided in this section.
 The House of Representatives
• Composition and election/section
• Term of office
• Qualifications
• Maximum terms
Composition 200 district reps, 50 party list
Natural-born citizen
At least 25 years old on election
day
Qualifications Literate (can read and write)
Registered voter of the district
District resident for 1 year prior to
election day
3 years
Term of Office
Maximum: 3 terms
 The constitution limits to 250 the maximum number of
members of the House of Representatives may have.

 The members of the House of Representatives shall be elected

from legislative districts and through a party-list system of
registered national, regional and sectoral parties or
organizations. The party-list representatives shall continue
20% of the number of representatives in the lower house,
including those under the party-list.

 Thus, the numbers of the House of Representatives may be

classified in to district, party-list, and sectoral representatives
with the last to exist only three (3) consecutive terms after the
ratification of the Constitution.
 Conditions for apportionment
• Such appointment shall be made in accordance with the
number of their respective inhabitants;
• It shall be made on the basis of a uniform and
progressive ratio;
• Each legislative district shall comprise as far as
practicable, contiguous, compact and adjacent territory;
and
• Each city with a population of at least 250,000 or each
province shall have at least one representative
 Ratio to be adopted
 Representation of provinces and cities
 Reapportionment of legislative districts.
 Aim of the party-list system
 Appointment/selection of the sectoral
representation
 Need for sectoral representation
 Section 8. Unless otherwise provided by law, the
regular election of the Senators and the Members
of the House of Representatives shall be held on
the second Monday of May.
 Section 9. In case of vacancy in the Senate or in
the House of Representatives, a special election
may be called to fill such vacancy in the manner
prescribed by law, but the Senator or Member of
the House of Representatives thus elected shall
serve only for the unexpired term.
 Regular election
 Special election
Vacancy can be filled through regular election
Special elections can be called for the
purpose of filling the vacancy
In either circumstance, the one elected merely
sits for the unexpired term
 Section 10. The salaries of Senators and
Members of the House of Representatives 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 the House of Representatives
approving such increase.
 Section 11. A Senator or Member of the House
of Representatives shall, in all offenses
punishable by not more than six years
imprisonment, be privileged from arrest while
the Congress is in session. No Member shall be
questioned nor be held liable in any other place
for any speech or debate in the Congress or in
any committee thereof.
FREEDOM from ARREST
offenses punishable by not more than six
years imprisonment
while Congress is in session

FREEDOM of SPEECH and DEBATE

remarks must be made in connection with the
discharge of official duties.
while Congress is in session
 Congressmen have two parliamentary
privileges while Congress is in session:
1. Privilege from arrest
• Immunity from offenses punishable by not more
than six years imprisonment

2. Privilege of speech and debate

• Immunity from libel and slander
Section 12. All Members of the Senate and the
House of Representatives shall, upon
assumption of office, make a full disclosure of
their financial and business interests. They
shall notify the House concerned of a potential
conflict of interest that may arise from the
filing of a proposed legislation of which they
are authors.
Elected Congressmen must:
1. Fully disclose their financial and business
interests
2. Disclose potential conflicts of interests that
arise in the course of legislation
3. Keep from any other office or employment
(appointed or otherwise), forfeit his/her seat
to do so
 Section 13. No Senator or Member of the House
of Representatives may 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. 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.
INCOMPATIBLE OFFICE
Office which mat not be held by a member of a
Congress outside the legislative department. There is
a need for members to devote their time and attention
to the discharge of their legislative responsibilities.

FORBIDDEN OFFICE
Office which a member of a Congress may not be
a beneficiary by reason of being a participant when
said office was created. Hence, a member of Congress
shall not be eligible for appointment to such office
even if he resigns.
Section 14. No Senator or Member of the House of
Representatives may personally appear as counsel
before any court of justice or before the Electoral
Tribunals, or quasi-judicial and other administrative
bodies. Neither shall he, directly or indirectly, be
interested financially in any contract with, or in any
franchise or special privilege granted by the
Government, or any subdivision, agency, or
instrumentality thereof, including any government-
owned or controlled corporation, or its subsidiary,
during his term of office. 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.
 Appearance as counsel before any court of
justice, etc.
 Financial interest in any contract with the
government
 Financial interest in any special privilege
granted by the government
 Intervention in certain matters
 Section 15. The Congress shall convene once
every year on the fourth Monday of July for its
regular session, unless a different date is fixed by
law, and shall continue to be in session 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. The President may call a special session
at any time.
Sessions of Congress
Regular session – Congress shall convene
once every year on the fourth Monday of July for
its regular session unless a different date is fixed
by law.
Special session – It takes place when the
President calls Congress, during the time that it is
in recess, to session to consider such subjects or
legislations as he may designate.
 Section 16. (1) The Senate shall elect its President and the House of
Representatives its Speaker, by a majority vote of all its respective
Members.
 Each House shall choose such other officers as it may deem
necessary.
 (2) A majority of each House shall constitute a quorum to do
business, 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 provide.
 (3) Each House may determine the rules of its proceedings, punish
its Members for disorderly behavior, and, with the concurrence of
two-thirds of all its Members, suspend or expel a Member. A penalty
of suspension, when imposed, shall not exceed sixty days.
 (4) Each House shall keep a Journal of its proceedings, and
from time to time publish the same, excepting 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.
 (5) 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.
QUORUM
- a number of membership which is competent
to transact its business; is at least one-half plus
one of the members of a body.

LEGISATIVE JOURNAL
- the official record of what is done and passed
in a legislative assembly and the proceedings
occurred from day to day.
 Senate President and House Speaker elected by
majority vote
 Other officers, procedures and the discipline of
its members is at the discretion of each house
 Quorum: Majority
 Each House maintains a journal and record of
proceedings
 Neither House can adjourn without the other’s
consent while in session
SEC 17.  The senate and the house of representatives shall each have an
electoral tribunal which shall be the sole judge of all contests relating to
the elections, returns, and qualifications of their respective members. Each
electoral tribunal shall be composed of nine members, three of whom shall
be justices of the supreme court to be designated by the chief justice, and
the remaining six shall be members of the senate or the house of
representatives, as the case may be, who shall be chosen on on the basis of
proportional representation from the political parties and the parties or
organizations registered under the party-list system represented therin. The
senior justice int the electronal tribunal shall be its chairman.
SEC 18. There shall be a commission on appoinments consisting
of the president of the senate, as ex officio chairman, twelve
senators and twelve members of the house of the
representatives, elected by each house on the basis of
proportional representation from the political parties and the
parties or organizations registered under the party-list system
represented therein. The chairman of the commision shall not
vote, except in case of a tie. The commisiion shall act on all
appointments submitted to it within thirty session days of the
congress from their submission. The commission shall rule by
a majority vote of all members.
SEC 19.  The Electoral tribunals and the commission on
appointments shall be constitutedwithin thirty days after the
senate and the house of representatives shall have been
organized with the election of the president and the speaker.
The commission on appointments shall meet only while the
congress is in session, at the call of its chairman or a majority
of all its members, to discharge such powers and functions as
herein conferred upon it.
 Electoral Tribunal in each House.
(1)   Composition, constitution and jurisdiction
(2)   Reason for creation
 The Commission on Appointments

(1)  Composition, constitution and nature

(2)  Power or function
(3)  Reason for creation
SEC 20.  The records and books of accounts of
the congress shall be preserved and be open to
the public in accordance with law, and such
books shall be audited by the commission on
audit which shall publish annually an itemized
list of amounts paid to and expenses incurred
for each member.
 Records of congress open to public
• Congress is enjoined by the constitution to preserve and
open its records and books of accounts to the public such
books shall be audited by the commission on audit, which
shall publish annually an itemized list of amounts paid to
and expenses incurred for each member. This requirement,
however, is not absolute. Congress may prescribe by law the
conditions to be complied with in the exercise of the right of
inspection of its records and books of accounts. The
constitutional provision will limit the opportunity to
misappropriate public funds.
 SEC 21. The Senate or the House of the
Representatives or any of its respective
committees may conduct inquiries in aid of
legistation in accordance with its duly
published rules of procedure. The rights of
persons appearing in or affected by such
inquiries shall be respected.
 Power of legistatives inquiry and
investigations.
(1)   Sound legistations
(2)   Other desirable benefits
  Scope of the power.

(1)   Aid to other legistative functions

(2)   Limitations
 SEC 22. The heads of departments may upon their own initiative, with the
consent of the president, or upon the request of either House, as the rules of
each house shall provide, appear before and be heard by such house on any
matter pertaining to their departments. Written questions shall be submitted
to the to the president of the senate or the speaker of the house of
representatives at least three days before their scheduled appearance.
Interpellations shall not be limited to written questions, but may cover
matters related thereto. When the security of the state or the public interest
so requires and the president so states in writing, the appearance shall be
conducted in executive session.
 Appearance of heads of departments during
Congress’ question hour.
(1)   Prohibition by the President.
(2)   With or without consent of the president.
(3)   Submission of written questions
(4)   Presence of general public
(5)   Distinguished from congressional
investigation in aid of legistation.
 SEC 23.
1. The Congress, by a vote of two-thirds of both houses in joint
session assembled, voting separately, shall have the sole power
to declare the exsitence of a state of war.
2. In times of war or the 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 adjourment thereof.
 Power of Congress to declare existence of a state of war.
(1)   Concurrence of both Houses
(2)   Existence of war before declaration by congress.
  War contemplated

The war contemplated here is a defensive, not an aggressive

war, because by express constitutional provision, the
philippines renounces war as an intsrument of national policy.
Delegation of emergency powers
 Section 32 is an exception to the rule that the congress may not delegate its

legislative authority to any other office, agency, or entity. During grave

emergencies, it may not be possible or practicable for congress to meet and
exercise powers. To meet any such occasion, the contitution expressly
permits congress to grant legislative powers to the president, subject to
certain condition as follows:
 (1)   The emergency powers may be granted by law to the president only in

times of war. It is the congress that determines whether there is war or

national emergency.
 (2)   The said powers must be exercised only during a limited period, that

is, for the duration of the war or other national emergency.

 (3)   They must be exercised subject to such restrictictions as the congress

may prescribe.
 SEC 24. All appropriation, revenue or tarriff
bills, bills authorizing increase of the public
debt, bills of local application, and private
bills shall originate exclusively in the House of
Representatives, but the Senate may propose or
concur with amendments.
 Meaning of appropriations bill
An appropriations bill is one the primary and specific aim of
which is to make appropriations of money from the public
treasury. A bill of general legislation which carries an
appropriation as an incedent thereto to carry out its primary
and specific purpose is not an appropriations bill.
 Kinds of appropriations.
Appropriation is an authorization made by law or other
legisteive enactment, directing payment out of government
funds under specified conditions and/or for specified purposes.
 Appropriations may be:
(1)   Annual or general appropriations.
(2)   Special or supplemental appropriations.
(3)   Specific appropriations.
(4)   Continuing appropriations.
 Meaning of other bills.

(1)   Revenue bill.

(2)   Tariff bill
(3)   Bill authorizing increase of the public debt.
(4)   Bill of local application.
(5)   Private bill.
  Bills which must originate exclusively in the house of
representatives.
Under section 24, the house of representatives has the
exclusive authority tp take the initiative in the presentation of
the bills mentioned. These measures may not originate in the
senate, but the senate may propose amendments to them and
refuse to approve them if their amendments are not accepted by
the house of representatives
 SEC 25.  (1) The Congress may not increase the
appropriations recommended by the president for the operation
of the government as specified in the budget. The form,
content, and manner of preparation of the budget shall be
prescribed by law
 2. No provision or enactment shall be embraced in the general
appropriations bill unless it relates specifically to some
particular appropriation therein. Any such provision or
enactment shall be limited in its operation to the appropriation
to which it relates.
 3. The procedure in approving appropriations for the congress
shall strictly follow the procedure for approving
appropriations for other departments and agencies.
 4. A special appropriations bill shall specify the purpose for
which it is intended, and shall be supported by funds actually
available as certified corresponding revenue proposal therein.
 5. 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 appropriations law for their respective officers
from savings in other items of their respective appropriations.
 6. Discretionary funds appropriated for particular officials
shall be disbursed only for public purposes to be supported by
appropriate vouchers and subject to such guidelines as may be
prescribed by law.
 7. 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 reenacted and shall remain in force
and effect until in general appropriations bill is passed by the
congress.
 Meaning of Budget     
A budget is the financial program of the
national government for a designated calendar
year, consisting of statements of estimated
receipts from revenues and expenditures for the
calendar on which it is intended to be effective
based on the results of operations during the
preceding calendar year.
 Submission od proposed budget by the president
 The “budget” of expenditures and sources of financing,
including receipts from existing and proposed revenue
measures which president has to prepare and submit to
congress is intended as a guide for the latter to follow not only
in fixing the amount of appropriations but also in determining
the specific governmental activities for which public funds 
should be spent. The form, content, and manner of preparation
of the budget shall be prescribed by law.
 Increase of appropriation recommended by
the President.
(1)   For the executive department
(2)   For legistatives and judicial departments,
and contitutional bodies.
 Prohibition against rides.

(1)   Meaning of rider

(2)   Rider without force and effect
(3)   Objective of the constitution.
 Procedure in approving appropriations
The constitution requires a standard procedure in approving
appropriations. The procedure adopted for approving
appropriation for other departments and agencies shall be
followed strictly in approving appropriations for congress.
This provides a safeguard against the abuse or misuse by
congress of its power to appropriate.
 Requrements with respect to special appropriations bill.
 The constitution requires:

(1)   It should specify the purpose for which it is intended

(2)   It should be supported by funds actually available as
certified to by the National Treasurer or to be raised by a
corresponding revenue proposal included therein.
The restrictions are intended to put an end to the legistative
practice under the 1935 Constitution of passing appropriations
bills without the corresponding funds. 
 Requirements to insure a balanced budget.
The contitution requires that the level of
expenditures must be within the level of the
revenues expected to be raised from existing
and proposed revenue measures see to prevent
deficit spending.
 Prohibition against transfer to funds.
(1)   Aim to prohibition.
(2)   Augmentation of any item from savings in
other items.
 Rule as to discretionary funds.

(1)   When appropriation allowed.

(2)   Conditions.
 (a)   The disbursement must be only for public
purposes
 (b)   It must be supported by appropriate
vouchers
 (c)    It must be subject to such guidelines as
may be prescribed by law.
 Automatic reappropriation
In case of failure of congress 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.
 SEC 26.

(1) Every bill passed by the congress shall embrace only one subject which
shall be expressed in the title thereof.

2. No bill passed by either house shall become law unless it has passed
three readings on separate days, and printed copies therof in its final form
have been distributed to its members three days before its passage, exept
when the president certifies to the necessity of its immidiate enactment to
meet a public calamity or emergency. Upon the last reading of a bill, no
amendment therto shall be allowed, and the vote theron shall be taken
immediately thereafter, and the yeas and nays enetered in the journal.
 Limitations on the power of congress.
(1)   Substantive
(a)Implied limitations
(b)Specific limitations on general legistative
powers
(c)Specific limitations on specific powers
(d)Formal 
 Prohibition against delegation of legistative powers
A branch or department of the government may not delegate to
another department or to any other body the power entrusted
to it by the constitution. Thus, congress is prohibited from
delegating its legistative powers. In the absence of this rule,
the principle of separation of powers can hardly exist.
 Prohibition against the enactment of irrepealable laws.

(1)   Essence of legistative power

(2)   Consequences to public welfare of irrepealable laws
permanent.
 
  Requirements as to subject and title of bills.
(1)   One title, one subject.
(2)   Purposes of constitutional requirement.
(a)   To prevent hodge-podge or log-rolling legislation
(b)   To prevent surprise or fraud upon the legislature
(c)    To fairly apprise the people, through such publications of
legislative proceedings as is usually made, of the subjects of
legislation that are being considered, in order that they  may
have opportunity of being heard thereon by petition or
otherwise, if they shall so desire.
 Meaning of hodge-podge or log-rolling legislation.
Hodge-podge or log-rolling legislation refers to any
measure containing several subjects on unrelated matters
combined together for the purpose of securing the support of
members of the legislature severally interested in the different
subjects of the bills. If these subjects were to be presented in
separate bills, the likelihood is that none of them might obtain
a majority vote. 
 Effect of violation of requirement.
The constitutional provision prohibits the
passage of two classes of bills:
1. A bill containing provisions not fairly
embraced in its title or related to its subject
matter; and
2. A bill which embodies different subjects not
withstanding that all of them are expressed in
its title.
 Exceptions of requirement.
It does not apply to:
1.      Local ordinances as they do not partake of the nature of
laws but are mere rules provided for the fulfillment of laws:
and
2.      Proper codifications and revisions of statutes. Thus a law
with the title “An act to Ordain and Institute the civil code of
the Philippines “ is valid although it may contain hundreds of
different matters, for the very denomination “Code” is
sufficient to put the menbers of the legislature and the people
on their guard. 
 Steps in the passage of a bill.     
1.      First Reading
2.      Referral to appropriate committee
3.      Second Reading
4.      Debates
5.      Printing and Distribution
6.      Third Reading
7.      Referral to the other House
8.      Submission to joint Bicameral committee
9.      Submission to the President
Purpose of requiring three reading of a bill.
 The three readings of a bill must take place on a seperate days not in one

day. The purpose is to prevent hasty and improvident legislation and the
railroading of bills, and to compel the careful examination of proposed
laws or at least the affording of the oppurtunity of that purpose.
 Certification of bills by the President.
 The constituition provides that “no bill passed by either House shall

become a law unless it has passed three readings on seperate days and
printed copies thereof in its final form have been distibuted to the members
three days before its passage”. 
 Purpose of requirements that yeas and nays be entered in
the journal.
It is also provided in the constitution that on the final passage of
every bill, the yeas and nays shall be entered in the journal.
This means that the roll of congress shall be called and each
member present and answering to his name shall say “yea” or
“nay” on the question of the passage of the bill.
 SEC 27.
(1) Every bill passed by the Congress shall, before it becomes a law, be presented to
the President. If he napproves the same, he shall sign it; otherwise, he shall veto it
ad return the same with its objections to the House where it originated, which shall
enter the objections at large in its journal and proceed to reconsider it. If after such
House shall agree to pass the bill, it shall be sent, together with the objections, to
the other House by which it shall likewise be reconsidered, and if approved by two-
thirds of all the members of that House, it shall become the law. In all such cases,
the votes of each House shall be determined by yeas and nays, and the names  of the
members voting for the or against shall be entered in its journal. The President
shall communicate his veto of any bill to the House where it originated within thirty
days after the date of receipt thereof: otherwise, it shall become a law as if he had
signed it.

 (2)The President shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to
which he does not object. 
 Meaning of bill.
A bill is a draft of a law submitted to the consideratiuon of a legislative body
for its adoption.
  Meaning of statute.

A statute is the written will of the legislature as an organized body expressed

according to the form necessary to constituteit into a law of the state, and
rendered authentic by certain prescribed forms and solemnities.
 How statutes identified.

Statutes passed by the former Congress are, for purposes o formal reference,
denominated as acts. They are identified bt their serial numbers. Where a
special title is supplied for a particular statute, such title may also be used
for identification.
 Formal parts of a law.

(1)   Title.
(2)   Preamble
(3)   Enacting clause
(4)   Body
(5)   Effectivity clause    
 When bill may become law
 A bill passed by congress may become a law in any of the

following ways:
(1)   When the president approves the bill by signing it
(2)   When the vetoes the bill and returns the same with his
objections to the house where it orginated, and the same is
repassed over his veto by avote of two-thirds of all the
members of both houses.
(3)   If the president does not communicate his veto of any bill to
the house where it originated within thirty days after the date
of receipt thereof, in which case it shall become a law as if he
had signed it.
Veto power of the President.
The word veto is the latin term for “I forbid” or
“deny.” It is the power vested in the president
to disapprove acts passed by congress. The
veto message to the house where the bill
originated explains his objections to the bill.
 Purpose of veto
 Two fundamental reasons have been given to the

grant of the veto power to the president

(1)   To enable the executive department to protect its
integrity as an equal branch of the government and
thus maintain an equilibrium of governmental powers
(2)   To provide a check on hasty, corrupt, or ill-
considered legislation.
 Pocket veto not allowed.
Under the constitution, the president does not have the so-called
pocket veto power, disapproval of a bill by inaction on his part. The
failure of the president to communicate his veto of any bill
presented to him within 30 days after the date of receipt thereof
automatically causes the bill to become a law.
 When partial veto allowed

As general rule, the president may not veto a bill in part and approve
it in part. The exception is provided in paragraph of section 27
which grants the president the power to veto any particular item or
items in an appropriation, revenue, or tariff bill. The veto in such
case shall not affect the item or items to which he does not object.
 Meaning of resolution.
 Enactments of the lawmaking body may also be made in the form of

resolutions. A resolution has been defined as a formal expression of

opinion, will, or intent by an official body or assembled group. 
  Use of resolutions.

(1)   Resolutions are employed with respect to matters within the exclusive
authority of the lawmaking body and do not, therefore, require the approval
of the president for their effectivity. Thus, the rules of procedure of a
lawmaking body, orders imposing some penalty upon any of its members,
or proposals for constitutional amendments would be embodied in
resolutions.
(2)   They are also used when a lawmaking body expresses an attitude or
opinion. Thus, resolutions would be proper in expressing condolences on
the death of a member or of a high government official, or in declaring its
opinion on important national questions.
(3)   Under section 28, the power to fix tariff rates, etc. delegated to the
president may be withdrawn by the lawmaking body by means.
 Kinds of resolution
 A resolution may be:

(1)   Simple, if passed by either house for its exclusive

use or purpose.
(2)   Concurrent, if passed independently in one house
and ratified by the other in the same manner as a bill.
(3)   Joint, if approved by both houses meeting in joint
session but voting separately.
There is no provision in the constitution in the requiring
the approval by the president of any kind of
resolution.
 SEC. 28 (1) The rule of taxation shall be uniform and
equitable. The congress shall evolve a progressive system of
taxation.
 (2)The congress may, by law, authorize the president to fix
within specified limits, and subject to such limitations and
restrictions as 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 government.
 (3) Charitable institutions, churches and parsonages or
convents appurtenant thereto, mosques, nonprofit cemeteries,
and all lands, buildings, and improvements, actually, directly,
and exclusively used for religious, charitable, or educational
purposes shall be exempt from taxation
 (4) No law granting any tax exemption shall be passed without
the concurrence of a majority of all the members of the
congress.
 Uniformity in taxation
(1)   Meaning.
(2)   Illustrations
 (a)   A tax of P2.00 per square meter or fraction thereof

imposed on every billboard or sign anywhere in the country

was held valid as against the contention that it was void for
lack of uniformity.
 (b)   There is no violation where those with different incomes

are made to pay different rates of tax because in this case, the
incomes are considered as belonging to different classes.
 (c)    All residential houses, regardless of their assessed value,
may be considered for purposes of taxation as belonging to one
class and made subject to the same tax rate but different
amounts of tax depending on their value. The law,
however,may validly further classify such property according
to their assessed value and levy different rates, and
consequentlyl, different amounts of tax on the basis of such
value.
(3)   Reason for rule
 Equity in taxation
Aside from the requirement that the rule of taxation shall be uniform, the
constitution also mandates that it shall be equitable. Uniformity in taxation
is effected through the apportionment of the tax burden among the
taxpayers which under the constitution must be equitable. To be sure, a tax
law may prescribe a uniform rule of taxation and yet it may be inequitable
as where the rates of tax are excessive or confiscatory.

 Progressive system of taxation.

To achieve the equity objective in taxation, the constitution enjoins
congress to “envolve a progressive system of taxation.” This means that tax
law shall place more emphasis on direct rather than on direct rather than
indirect taxes, with ability to pay as the main criterion.
 Deligation of taxing power to fix tariff rates, etc
By express provision of the constitution, congress is authorized to delegate
to the president its power to fix within specified limits tariff rates, import
and export quotas, tonnage and wharfage dues, and other duties or imposts.
The authority so granted is, however, subject to such limitations and
restrictions as the congress may seem wise to impose because congress is
prohibited from abdicating its lawmaking power over the subjects
mentioned.
 Exemption of certain entities and properties from property taxes.
Section 28 provides that the institutions and properties mentioned therin
shall be exempt from taxation. Other exemptions are provided by statues,
but in those cases, they may be withdrawn.
 (1)   Test of exemption.
 (2)   Exemption of religious, charitable, and educational institutions
 Votes required for grant of tax exemption
 The constitution requires the concurrence of a
majority of all the members of congress to pass a law
granting any tax exemption as a safeguard against the
indiscriminate grant of tax exemptions. Under 1935
constitution, a simple majority of the quorum was
sufficient. 
 SEC. 29.
(1) No money shall be paid out of the treasury except in persuance of an
appropriation made by law.

(2)No public money or property shall be appropriated, applied, paid, or

employed, directly or indirectly, for the use, benefit, or support of any sect,
church, denomination, secretarian institution, or system of religion, or any
priest, preacher, minister, or dignitary is assigned to armed forces, or to any
penal institution, or government orphanage or leprosarium.

(3)  all money collected on any tax levied for a special purpose shall be treated
as a special fund and paid out for such purpose for which a special fund
was created has been fulfilled or abandoned, the balance, if any shall be
transferred to the general funds of the government.
 The power of appropriation

 The power to appropriate public funds for the maintenance of the

government and the other public needs is a vital government function
which is vested in congress. Section 29 is based upon the principle that the
people’s money bmay be spent only with their consent. That consent may
be expressed either in the constitution itself or in valid acts of congress as
the direct representative of the people. It acts as a legislative check upon the
disbursing power of the president, or the heads of departments and other
executive officials. Without the restrictions, government funds would be
misused.
 Meaning of “appropriation made by law”
An appropriation is per se nothing more than
the authorization by law that money may be
paid out of the public treasury. It is setting
apart or assigning to a particular use a certain
sum of the public funds. 
 Prohibition against use of public money or property for religious
purpose.

 It is fundamental in democratic governments that taxes may be levied for

public purposes only. Since the government is established for a public
purpose, public money can be used only for that purpose. A tax levied for a
private purpose constitutes a taking of property without due process of law,
and is invaild. Section 29 is based on the requirement that taxes can only be
imposed for a public purpose. Thus a public land may not be donated for
the construction of churches, convents or seminaries.
 The prohibition, however, is not violated
when:
(1)   Payment given as compensation.
(2)   Religious use incidental.
(3)   Use, public in nature
(4)   Payment based on contract
(5)   Consideration recieved
 Expenditure of special fund.
A tax may be imposed for a special public purpose. In such
case, the money raised from such tax shall be treated as a
special fund and paid out for such purpose only. It cannot be
spent for any other public purpose. If the special purpose has
been fulfilled or abandoned, the balance, if any, shall be
transferred to the general funds of the government. The special
fund then ceases to exist.
 SEC. 30. No law shall passed increasing the
apellate jurisdiction of the supreme court as
provided in this constitution without its advice
and concurrence.
 Law increasing jurisdiction of supreme court
Congress cannot diminish or otherwise impair the original and
appellate jurisdiction of the supreme court as enumerated in
article VIII, section 5. But congress can increase its
jurisdiction  assigning to additional cases for adjudication.
(1)   Appellate jurisdiction
(2)   Original jurisdiction
 SEC. 31. No law granting a title of royalty or nobility
shall be enacted.
 Prohibition against granting title of royalty or
nobility
 (1)   Equalitarian principle observed in a
democratic society.
 (2)   Prevents creation of a privileged class
 (3)   Prohibition directed at congress                 
 SEC. 32. The congress, as early as possible, provide for a
system of initiative and referendum, and the exceptions
therefrom, where by the people can directly propose and enact
laws or approve or reject any act or law or part thereof passed
by the congress or local legislative body after the registration
of any petition therefor signed by at least ten per centum of the
total number of registered voters, which every legislative
district must be represented by at least three per centum of the
registered voters thereof.
 Meaning of initiative and refrendum
 (1)   Initiative – it is the reserved power of the people to
directly propose and enact laws at polls called the purpose
independently of congress or of a local legislative body.
 (2)   Referendum- it is the process by which any act or law or
part thereof passed by congress or by a legislative body is
submitted to the people for their approval or disapproval.
 Congress to provide a system of initiative
and referendum
 The constitution in section 32 has
institutionalized what is popularly known as
“peoples power” which was manifested with
unprecedented popular support during and
after the 1986 presidential “snap” election and
in the “EDSA” revolution.”
 Reserve legislative power of the people
 The incorporation in the constitution of the devices of initiative
and referendum for proposing legistation or constitutional
amendments, or subjecting acts of congress or a local
legislative body for approval or rejection gives substance to the
time-honored principle that in a republican and democratic
state “sovereignty resides in the people and all government
authority emanates from them.
 Through these processes, aside from elections, plebiscities, and
recalls, the people are able to articulate what they feel about
certain political, social, and economic issues confronting the
country and in the exercise of the ultimate, reserve power of
sovereignty given them, resort to direct action to compel
obedience of the government to their own demands, short of
waging a revolution against it.

 Our government, however, remains essentially a republican

democracy.