ARTICLE VI

Sections 22-24

Regondon, Denvie Joy B.

 SECTION 22
Appearance of Department Heads

 The informing power of the President may be exercised by him indirectly through the

members of His Cabinet, who may appear before either House of the Congress.

 Enables the Congress to obtain from the department secretaries on the manner they are

implementing the laws it has enacted and also on matters related to pending or

prospective legislation, usually recommended by the administration itself.

 SECTION 22
Appearance of Department Heads

 The power given to the President by the Commonwealth Constitution to prevent the

appearance of his secretaries before the Congress has not been retained in the New

Constitution.

Reason:

To reduce the authority of the President for fear of the resurgence of another dictatorship.
 SECTION 22
Question Hour

 Department Heads may appear upon their own initiative with the consent of the

President, or even without the consent of the President, upon the request of either

House on any matter pertaining to their departments.

 Written questions shall be submitted to the Senate President or the Speaker of the

House of Representatives at least three (3) days before the scheduled appearance of

the department head. However, the interpellations to be made may cover not only the

written questions submitted but also matters related thereto.

 SECTION 22
Distinction between Sec. 21 & Sec. 22

Section 21- Power to conduct inquiries “in aid of legislation”

 the aim of which is to elicit information that may be used for legislation

 appearance is mandatory

 any person may appear

Section 22- Power to conduct a “question hour”

 the objective of which is to obtain information in pursuit of Congress’ oversight

function, how statutes are being implemented in the department

 in keeping with the separation of powers, Congress may only request their appearance
 SECTION 23 The War Powers

 The acknowledgment of a state of war is the sole act of the Congress.

Requirement: The concurrence of two thirds of both Houses in joint session

assembled, voting separately. (Sec. 23, par. 1)

 The provision authorizes declaration not of war but only of the existence of a state of

war, in line with our renunciation of war as an instrument of national policy. (Art. II,

Sec. 2.)
 SECTION 23 The War Powers

 We are not the aggressor but merely reacting to an aggression.

1935 Constitution- “to declare war”

1973 Constitution- “to declare the existence of war”

1987 Constitution- “to declare the existence of a state of war”

Reason:

So as not to give the impression that Congress can declare a war of aggression.
 SECTION 23 Concept of War

War as a specific action

 An armed contention between the public forces of states or other belligerent

communities, implying the employment of force between the parties for the purpose of

imposing their respective demands upon each other.

War as a specific status

 War may exist even without the use of force, as when one formally refuses to be

governed by the laws of peace in its relations with other states even if actual

hostilities have not taken place between them.

 SECTION 23 The War Powers
 As commander-in-chief and diplomatic head, the President may so precipitate or

actually begin hostilities that the legislature will have no choice, except, in the words

of Corwin, “to baptize the hostilities with the name of war”

 The congress does NOT become functus officio once it declares the existence of a

state of war and that thereafter the war effort becomes the sole responsibility of the

President.

 The President must depend heavily on the Congress for the effective exercise of his

military powers. The power of the sword and the power of the purse must be exercised
 SECTION 23 Delegation of Emergency Powers

 During grave emergencies, it may not be possible or practicable for Congress to meet

and exercise powers. To meet any such occasion, the Constitution expressly permits

Congress to grant legislative powers to the President

Conditions:

(1) There must be war or other national emergency;

(2) The delegation must be for a limited period only;

 SECTION 23 Delegation of Emergency Powers

Conditions:

(4) The emergency powers must be exercised to carry out a national policy declared by the

Congress;

(5) They shall automatically cease upon the next adjournment of Congress, unless sooner

withdrawn by resolution in view of its opinion that the emergency has ceased.
 SECTION 24 Origin of Bills
Appropriations bill

 the primary and specific purpose of which is to authorize the release of funds from the

public treasury

Revenue bill

 one that levies taxes and raises funds for the government

Tariff bill

 one imposing customs duties for revenue purposes

 SECTION 24
Bill increasing the public debtOrigin of Bills

 illustrated by one floating bonds for public subscription redeemable after a certain

period

Bill of local application

 involves purely local or municipal matters, like a charter of a city

Private bill

 one affecting purely private interest

 illustrated by a bill granting honorary citizenship to a distinguished foreigner or

granting a franchise to a private corporation

 SECTION 24

 The House of Representatives has the exclusive authority to initiate bills because it

is more numerous in membership and therefore also more representative of the

people.

 These measures may not originate in the Senate, but the Senate may propose or

concur amendments to the bills initiated by the House of Representatives.

 It is also accepted practice for the Senate to introduce amendment by substitution,

which may entirely replace the bill initiated in the House of Representatives.
 SECTION 24
Tolentino v. Secretary of Finance

The Expanded VAT Law was questioned on the ground, among others, that the revenue

measure did not originate exclusively in the House of Representatives as it was the

result of the consolidation of two versions introduced separately in the two chambers of

Congress. By a 9-6 vote, the Supreme Court rejected the challenge, holding that such

consolidation was consistent with the power of the Senate to propose or concur with

amendments to the version originated in the House of Representatives. What the

Constitution simply means, according to the majority, is that the initiative must come

from the House of Representatives.

 REFERENCE

Cruz, I. (2022). Constitutional Law I.