CHAPTER 8

LEGISLATIVE
DEPARTMENT
E. SESSIONS
SECTIONS 15 AND 16- INTERNAL GOVERNMENT

- SEC. 15, ART. VI- THE CONGRESS SHALL CONVENE ONCE EVERY YEAR
ON THE 4TH 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 30
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.

REGULAR SESSIONS:
1. CONGRESS CONVENES ONCE EVERY YEAR ON THE
4TH MONDAY OF JULY (UNLESS OTHERWISE
PROVIDED FOR BY THE LAW)
2. CONTINUES IN SESSION FOR AS LONG AS IT SEES FIT.
UNTIL 30 DAYS BEFORE THE OPENING OF THE NEXT
REGULAR SESSION, EXCLUDING SATURDAYS,
SUNDAYS AND LEGAL HOLIDAYS.

SPECIAL SESSIONS:
1. CALLED BY THE PRESIDENT AT ANY TIME WHEN
CONGRESS IS NOT IN SESSION.
JOINT SESSIONS
VOTING SEPARATELY
1. CHOOSING THE PRESIDENT (SEC.4, ART VII)
2. DETERMINING THE PRESIDENT’S TEMPORARY DISABILITY (ID., SE.11,
PAR 4)
3. CONFIRMING THE NOMINATION OF A VICE-PRESIDENT (ID., SEC. 9)
4. DECLARING A STATE OF WAR (SEC.23 (!), ART VI)
5. AMENING THE CONSTITUTION (SEC. 1(1). ART XVII)

VOTING JOINTLY
1. TO REVOKE OR EXTEND MARTIAL LAW OR SUSPENSION OF PRIVILEGE OF
HABEAS CORPUS. (SEC. 18, ART VII)
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 FROM 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 OR 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.
ADJOURNMENTS

1. NEITHER HOUSE CAN ADJOURN FOR MORE THAN 3

DAYS DURING THE TIME CONGRESS IS IN SESSION
WITHOUT THE CONSENT OF THE OTHER HOUSE.

2. NEITHER CAN THEY ADJOURN TO ANY OTHER

PLACE THAN THAT WHERE THE TWO HOUSES ARE
SITTING, WITHOUT THE CONSENT OF THE OTHER.
OFFICERS
1. SENATE PRESIDENT
2. SPEAKER OF THE HOUSE; AND
3. SUCH OTHER OFFICERS AS IT MAY DEEM NECESSARY.

ELECTION OF OFFICERS
By a majority vote of all respective members.
QUORUM TO DO BUSINESS
1. MAJORITY OF EACH HOUSE SHALL CONSTITUTE A QUORUM.
2. A SMALLER NUMBER MAY ADJOURN FROM DAY TO DAY AND MAY
COMPEL THE ATTENDANCE OF ABSENT MEMBERS.
3. IN COMPUTING A QUORUM, MEMBERS WHO ARE OUTSIDE THE COUNTRY
AND THUS OUTSIDE OF EACH HOUSE’S COERCIVE JURISDICTION ARE
NOT INCLUDED.

DISCIPLINE:
4. SUSPENSION- NEEDS CONCURRENCE OF 2/3 OF ALL ITS MEMBERS AND
SHALL NOT EXCEED 60 DAYS. OR,
5. EXPULSION- CONCURRENCE OF 2/3 OF ALL ITS MEMBERS.
MAJORITY- REFERS TO THE NUMBER OF
MEMBERS WITHIN THE JURISDICTION OF THE
CONGRESS.
RULES OF PROCEEDINGS/ INTERNAL
RULES
1. EACH HOUSE SHALL DETERMINE ITS OWN PROCEDURAL
RULES.
2. ISSUES MAY EITHER BE:
POLITICAL- ON MATTERS AFFECTING ONLY INTERNAL
OPERATION OF THE LEGISLATURE, THE LEGISLATURE’S FORMULATION
AND IMPLEMENTATION OF ITS RULES.
JUSTICIABLE- WHEN THE LEGISLATIVE RULE AFFECTS PRIVATE
RIGHTS.
3. AS PART OF THEIR INHERENT POWER, THEY CAN DETERMINE THEIR
OWN RULES. HENCE, THE COURTS CANNOT INTERVENE IN THE
IMPLEMENTATION OF THESE RULES INSOFAR AS THEY AFFECT THE
MEMBERS OF CONGRESS.
DISCIPLINE OF MEMBERS
1. EACH HOUSE MAY PUNISH ITS MEMBERS FOR DISORDERLY
BEHAVIOR, AND WITH THE CONCURRENCE OF 2/3 OF ALL ITS
MEMBERS:
- SUSPENSION (SHALL NOT EXCEED TO 60 DAYS)
- EXPULSION

2. OTHER DISCIPLINARY MEASURES:

- DELETION OF UNPARLIAMENTARY REMARKS FROM THE RECORD.
- FINE
- IMPRISONMENT
- CENSURE (OFFICIAL REPRIMAND)
JOURNAL AND CONGRESSIONAL RECORDS
A. ENROLLED BILL THEORY
- OFFICIAL COPY OF APPROVED LEGISLATION AND BEARS THE
CERTIFICATIONS OF THE PRESIDING OFFICERS OF EACH HOUSE.
-WHERE THE CERTIFICATIONS ARE VALID AND ARE NOT WITHDRAWN, THE
CONTENTS OF THE ENROLLED BILL ARE CONCLUSIVE UPON THE COURTS.

RATIONALE OF ENROLLED BILL THEORY

AN ENROLLED ACT IN THE CUSTODY OF THE SECRETARY OF STATE, AND HAVING
THE OFFICIAL ATTESTATIONS OF THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES, OF THE PRESIDENT OF THE SENATE, AND OF THE PRESIDENT,
CARRIES ON ITS FACE, A SOLEMN ASSURANCE BY THE LEGISLATIVE AND
EXECUTIVE DEPARTMENTS OF THE GOVT., CHARGED RESPECTIVELY WITH THE
DUTY OF ENACTING AND EXECUTING THE LAWS THAT IT WAS PASSED BY
CONGRESS.
B.PROBATIVE VALUE OF THE JOURNAL

- THE JOURNAL IS CONCLUSIVE UPON THE COURTS.

- BUT WHEN THE CONTENTS OF THE JOURNAL CONFLICTS WITH THAT OF
AN ENROLLED BILL, THE ENROLLED BILL PREVAILS OVER THE
CONTENTS OF THE JOURNAL.
- CONGRESS MAY VALIDLY CONTINUE ENACTING BILLS EVEN
BEYOND THE REGLEMENTARY PERIOD OF ADJOURNMENT. WHEN THE
JOURNAL SHOWS THAT CONGRESS CONDUCTED A SINE DIE SESSION
WHERE THE HANDS OF THE CLOCK ARE STAYED IN ORDER TO AFFORD
CONGRESS THE OPPORTUNITY TO CONTINUE ITS SESSION. ALL BILLS
ENACTED DURING THE SINE DIE SESSION ARE VALID AND CONCLUSIVE
UPON THE COURTS.
THE JOURNALS ARE CONCLUSIVE EVIDENCE OF THE CONTENT THEREOF
AND COURTS ARE BOUND TO TAKE JUDICIAL NOTICE OF THEM.
C. MATTER REQUIRED TO BE ENTERED IN THE JOURNAL
1. YEAS AND NAYS ON THIRD AND FINAL READING OF A
BILL.
2. VETO MESSAGE OF THE PRESIDENT
3. YEAS AND NAYS ON THE REPASSING OF A BILL VETOED
BY THE PRESIDENT.
4. YEAS AND NAYS ON ANY QUESTION AT THE REQUEST OF
1/5 OF MEMBERS PRESENT.
ELECTORAL TRIBUNALS
COMPOSITION
1. 3 SUPREME COURT JUSTICES TO BE DESIGNATED BY THE CHIEF
JUSTICE (THE SENIOR JUSTICE IN THE ELECTORAL TRIBUNAL SHALL
BE ITS CHAIRMAN)
2. 6 MEMBERS OF THE SENATE OR HOUSE, AS THE CASE MAY BE,
CHOSEN ON THE BASIS OF PROPORTIONAL REPRESENTATION FROM
THE POLITICAL PARTIES AND PARTY-LIST ORGANIZATIONS.
3. THE ET SHALL BE CONSTITUTED WITHIN 30 DAYS AFTER THE SENATE
AND THE HOUSE SHALL HAVE BEEN ORGANIZED WITH THE
ELECTION OF THE PRESIDENT AND THE SPEAKER.
4. MEMBERS CHOSEN ENJOY SECURITY OF TENURE AND CANNOT BE
REMOVED BY MERE CHANGE OF PARTY AFFILIATION.
NATURE OF FUNCTION

JURISDICTION: BE THE SAFE JUDGE OF ALL CONTESTS RELATING TO THE ELECTION,

RETURNS AND QUALIFICATIONS OF THEIR RESPECTIVE MEMBERS. ET HAS JURISDICTION
ONLY WHEN THERE IS AN ELECTION CONTEST.

ELECTION CONTEST- ONE WHERE A DEFEATED CANDIDATE CHALLENGES THE

QUALIFICATION AND CLAIMS FOR HIMSELF THE SEAT OF A PROCLAIMED WINNER.

THE ET ARE INDEPENDENT CONSTITUTIONAL BODIES AND CANNOT BE REGULATED BY

CONGRESS.
SUPREME COURT HAS JURISDICTION OVER THE ELECTORAL COMMISSION AND THE
SUBJECT MATTER OF THE PRESENT CONTROVERSY FOR THE PURPOSE OF DETERMINING
THE CHARACTER, SCOPE AND EXTENT OF THE CONSTITUTIONAL GRANT TO THE
ELECTORAL COMMISSION AS THE SOLE JUDGE OF ALL CONTESTS RELATING TO THE
ELECTION, RETURNS AND QUALIFICATIONS OF THE MEMBERS OF THE NATIONAL
ASSEMBLY.
INDEPENDENCE OF THE ELECTORAL TRIBUNALS

SINCE THE ETS ARE INDEPENDENT CONSTITUTIONAL BODIES, INDEPENDENT EVEN OF

THE RESPECTIVE HOUSE, NEITHER CONGRESS NOR THE COURTS MAY INTERFERE WITH
PROCEDURAL MATTERS RELATING TO THE FUNCTIONS OF THE ET’S.

THE HRET WAS CREATED TO FUNCTION AS A NONPARTISAN COURT, ALTHOUGH TWO-

THIRDS OF ITS MEMBERS ARE POLITICIANS. IT IS A NON-POLITICAL BODY IN A SEA OF
POLITICIANS.

VALID GROUNDS/ JUST CAUSE FOR TERMINATION OF MEMBERSHIP TO THE

TRIBUNAL.
1. EXPIRATION OF CONGRESSIONAL TERM OF OFFICE;
2. DEATH OR PERMANENT DISABILITY;
3. RESIGNATION FORM POLITICAL PARTY WHICH ONE REPRESENTS IN THE TRIBUNAL;
4. REMOVAL FROM OFFICE FOR OTHER VALID REASONS.
POWERS
LAZATIN V. HRET (1988)
THE HRET WILL ONLY GAIN JURISDICTION UPON PROCLAMATION
OF THE CANDIDATE. UNTIL SUCH PROCLAMATION, HE IS NOT YET A
MEMBER OF THE HOUSE; HENCE, THE HRET WILL NOT HAVE
JURISDICTION OVER HIM. JURISDICTION OVER SUCH REMAINS
WITH THE COMELEC.

AS CONSTITUTIONAL CREATIONS INVESTED WITH NECESSARY

POWER, THE ET ARE IN THE EXERCISE OF THEIR FUNCTIONS
INDEPENDENT ORGANS– INDEPENDENT OF CONGRESS AND THE
SUPREME COURT. THE POWER GRANTED TO HRET BY THE
CONSTITUTION IS INTENDED TO BE COMPLETE AND UNIMPAIRED
JUDICIAL REVIEW OF DECISIONS OF ET’S
WITH THE SC ONLY INSOFAR AS THE DECISION OR RESOLUTION WAS RENDERED
1. WITHOUT OR IN EXCESS OF JURISDICTION, OR
2. WITH GRAVE ABUSE OF DISCRETION TANTAMOUNT TO DENIAL OF DUE
PROCESS.

TO QUESTION THE JURISDICTION OF THE LOWER COURT OR THE AGENCY

EXERCISING JUDICIAL OR QUASI-JUDICIAL FUNCTIONS, THE REMEDY IS A
SPECIAL CIVIL ACTION FOR CERTIORARI UNDER RULE 65 OF THE RULES OF
COURT. THE PETITIONER IN SUCH CASES MUST CLEARLY SHOW THAT THE
PUBLIC RESPONDENT ACTED WITHOUT JURISDICTION OR WITH GRAVE ABUSE
OF DISCRETION AMOUNTING TO LACK OF JURISDICTION. (DEFIES EXACT
DEFINITION BUT GENERALLY REFERS TO CAPRICIOUS OR WHIMSICAL EXERCISE
OF JUDGMENT AS IS EQUIVALENT TO LACK OF JURISDICTION.
COMMISION ON APPOINTMENTS
1. COMPOSITION
A. SENATE PRESIDENT AS EX-OFFICIO CHAIRMAN (SHALL NOT
VOTE EXCEPT IN CASE OF A TIE)
B. 12 SENATORS
C. 12 MEMBERS OF THE HOUSE

THE 12 SENATORS AND 12 REPRESENTATIVES ARE ELECTED ON THE

BASIS OF PROPORTIONAL REPRESENTATION FROM THE POLITICAL
PARTIES AND PARTY-LIST ORGANIZATIONS.
THE AUTHORITY OF THE HOUSE OF REPRESENTATIVES TO
CHANGE ITS REPRESENTATION IN THE COMMISSION ON
APPOINTMENTS TO REFLECT AT ANY TIME THE CHANGES THAT
MAY TRANSPIRE IN THE POLITICAL ALIGNMENTS OF ITS
MEMBERSHIP.

IT IS UNDERSTOOD THAT SUCH CHANGES IN MEMBERSHIP

MUST BE PERMANENT AND DO NOT INCLUDE THE TEMPORARY
ALLIANCES OR FACTIONAL DIVISIONS NOT INVOLVING
SEVERANCE OF POLITICAL LOYALTIES OR FORMAL
DISAFFILIATION AND PERMANENT SHIFTS OF ALLEGIANCE
FROM ONE POLITICAL PARTY TO ANOTHER.
THE PROVISION OF SECTION 18 ON PROPORTIONAL REPRESENTATION IS
MANDATORY IN CHARACTER AND DOES NOT LEAVE ANY DISCRETION TO
THE MAJORITY PARTY IN THE SENATE TO DISOBEY OR DISREGARD THE RULE
ON PROPORTIONAL REPRESENTATION RATIONALE.

THE COMMISSION ON APPOINTMENTS SHALL BE CONSTITUTED WITHIN 30

DAYS AFTER THE SENATE AND THE HOUSE OF REPRESENTATIVE SHALL HAVE
BEEN ORGANIZED WITH THE ELECTION OF THE PRESIDENT AND THE
SPEAKER.

THE COMMISSION ON APPOINTMENTS SHALL ACT ON ALL APPOINTMENT

WITHIN 30 SESSION DAYS FROM THEIR SUBMISSION TO CONGRESS.

THE COMMISSION ON APPOINTMENTS SHALL RULE BY A MAJORITY VOTE OF

ALL ITS MEMBERS.
2. MEETINGS
COMMISSION ON APPOINTMENTS SHALL MEET ONLY WHILE
CONGRESS IS IN SESSION.

MEETINGS ARE HELD EITHER AT THE CALL OF THE CHAIRMAN OR

BY A MAJORITY OF ALL ITS MEMBERS.

SINCE THE COMMISSION ON APPOINTMENTS IS ALSO AN

INDEPENDENT CONSTITUTIONAL BODY, ITS RULES OF PROCEDURE
ARE ALSO OUTSIDE THE SCOPE OF CONGRESSIONAL POWERS AS
WELL AS THAT OF THE JUDICIARY.
3. JURISDICTION
a. COMMISSION ON APPOINTMENTS SHALL CONFIRM THE
APPOINTMENTS BY THE PRESIDENT WITH RESPECT TO THE
FOLLOWING POSITIONS:
-HEADS OF THE EXECUTIVE DEPARTMENTS (EXCEPT IF IT IS
THE VICE-PRESIDENT WHO IS APPOINTED TO THE POST);
- AMBASSADORS, OTHER PUBLIC MINISTERS OR CONSULS;
-OFFICERS OF THE AFP FROM THE RANK OF COLONEL OR
NAVAL CAPTAIN;
-OTHER OFFICERS WHOSE APPOINTMENTS ARE VESTED IN
HIM, BY THE CONSTITUTION (E.G. COMELEC MEMBERS)
B. CONGRESS CANNOT BY LAW REQUIRE THAT THE
APPOINTMENT OF A PERSON TO AN OFFICE CREATED BY
SUCH LAW SHALL BE SUBJECT TO CONFIRMATION BY
THE COMMISSION ON APPOINTMENTS.

C. APPOINTMENTS EXTENDED BY THE PRESIDENT TO

THE ABOVE-MENTIONED POSITIONS WHILE CONGRESS
IS NOT IN SESSION SHALL ONLY BE EFFECTIVE UNTIL
DISAPPROVAL BY THE COMMISSION ON APPOINTMENTS
OR UNTIL THE NEXT ADJOURNMENT OF THE CONGRESS.