ARTICLE VILEGISLATIVE DEPARTMENT
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.
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 natural-born
citizen of the Philippines, and, on the day of 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 proceeding the day of 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.
SECTION 5.(1) The House of Representative 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 sect oral 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 reappointment of legislative district based on the standards
provided in this section.
SECTION 6.No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the
Philippines and, on the day of election, is at least twenty-five
years of age, able to read and write, and except the party-list
representatives, a registered voter in the district in which he
shall be elected, and of not less than one year immediately
preceding the day of the election.
SECTION 7.The Member of the House of Representatives shall be
elected for a term of three years which shall begin, unless
otherwise provided by law, at noon on the thirtieth day of June
next following their election.No member of the House of
Representatives shall serve for more than three consecutive terms.
Voluntary renunciation of the office for any length of the time
shall not be considered as an interruption in the continuity of his
service for the full term for which he was elected.
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.
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.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 filling of a proposed legislation
of which they are authors.
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 nor the
emoluments thereof increased during the term for which he was
elected.
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 directly; 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.
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.
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 behaviour, 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 proceeding, and from time to time
publish the same, excepting such parts as may, in its judgement,
affect national security; and the years 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.
SECTION 17.The Senate and the House of Representatives shall
each have an Electoral Tribunal which shall be the sole judge of
all contest relating to the election, returns, qualifications of
their respective 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 the
basis of proportional representation from the political parties and
the parties or organizations registered under the party-list system
represented therein. The senior Justice in the Electoral Tribunal
shall be its Chairman.
SECTION 18.There shall be a Commission on Appointments
consisting of the President of the Senate, as ex officio Chairman,
twelve Senators, and twelve Members of the House of
Representatives, elected by each House on the basis of proportional
representation from the political parties and parties or
organization registered under the party-list system represented
therein. The Chairman of the Commission 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.
SECTION 19.The Electoral Tribunals and the Commission on
Appointments shall be constituted within 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
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 are herein conferred upon
it.
SECTION 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 in itemized list of accounts paid to
and expenses incurred for each Member.SECTION 21.The Senate or the
House of Representatives or any of its respective committees may
conduct inquiries in aid of legislation in accordance with its duly
published rules of procedure. The rights of persons appearing in or
affected by such inquiries shall be respected.
SECTION 22.The heads of departments may upon their own
initiative, with the consent on 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 President
of the Senate or the Speaker of the House of Representatives at
least three days before their schedule: appearance, but may cover
matters related thereto. When the security of the State or the
public interest so requires and the President so state in writing
the appearance shall be conducted in executive session.
SECTION 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 existence of a state of war.(2) In
times of war or other national emergency, the Congress may, by a
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.
SECTION 24.All appropriation, revenue or tariff 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.
SECTION 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
provisions or enactment shall be embraced in the general
appropriations bill unless it relates specifically to some
particular appropriation therein. Any such provisions 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
appropriation bill shall specify the purpose for which it is
intended, and shall be supported by funds actually available as
certified by the National Treasure, or to be raised by a
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 offices 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 in suing, fiscal year, the general appropriations law of
the preceding fiscal year shall be deemed re-enacted and shall
remain in force and effect until the general appropriations bill is
passed by the Congress.
SECTION 26.(1) Every bill passed by the Congress shall embraced
only one subject which shall be expressed in the title thereof.(2)
No bill passed by either House shall become a law unless it has
passed three readings on separate days, and printed copies thereof
in its final form have been distributed to its Members three days
before its passage, except when the President certifies to the
necessity of its immediate enactment to meet a public calamity or
emergency. Upon the last reading of a bill, no amendment thereto
shall be allowed, and the vote thereon shall be taken immediately
thereafter, and the years and days entered in the Journal.
SECTION 27.(1) Every bill passed by the Congress shall, before
it becomes a law, be presented to the President. If he approves the
same, he shall sign it; otherwise, he shall veto it and return the
same with his 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 reconsideration, two-thirds of all
the Members of 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 the House, it shall become a law. In all such
cases, the votes of each House shall be determined by years or
days, and the names of the Members voting for 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.
SECTION 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 specific limits, and subject to such limitations and
restrictions as it may impose, tariff rates, import and export
quotas, tonnage and warfare dues, and other duties or imposts
within the framework of the national development program of the
Government.(3) Charitable institutions, churches and personages or
convents appurtenant thereto, mosques, non-profit 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.
SECTION 29.(1) No money shall be paid out of the Treasury except
in pursuance 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, sectarian institution, or system of
religion, or any priest, preacher, minister, or other religious
teacher, or dignitary is assigned to the armed forces, or to any
penal institutions, 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 only. If
the purpose for which special fund was created has been fulfilled
or abandoned, the balance if any, shall be transferred to the
general funds of the Government.
SECTION 30.No law shall be passed increasing the appellate
jurisdiction of the Supreme Court as provided in this Constitution
without its advice and concurrence.
SECTION 31.No law granting a title of royalty or nobility shall
be enacted.
SECTION 32.The Congress shall, as early as possible, provide for
a system of initiative and referendum, and the exceptions there
from, whereby 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 he registration of a
petition there for signed by at least ten per centum of the total
number of registered voters, of which every legislative district
must be represented by at least three per centum of the registered
voters thereof.Notes:The three (3) basic and co-equal departments
of the government they are:1. Legislative Department2. Executive
Department3. Judicial DepartmentThese three departments are
separate/coordinate, co-equal, and interdependent from each
other.
Relative Function Of The Three Departments As Far As The Law Is
Concerted.The legislative department enacts the law; the executive
department implements the law, and, the judiciary department
interprets the law.
LEGISLATIVE POWERConceptLegislative power is the power or
competence of the legislative department to enact, ordain, alter,
or modify, repeal, or abrogate existing laws.(Government of the
Philippines vs. Springer, 50 Phil. 376).NON-DELEGATION OF A
LEGISLATIVE POWERAs a general rule, the legislative power of
Congress cannot be delegated to any other office or agency of the
government, (potestas delegate non delegarepotest)save in cases of:
(a) fixing the tariff rates for imported items which may be
delegated to the President of the Philippines; (b) the delegates of
power to the local officials, and (c) the delegation of power to
administrative departments to promulgate implementing rules and
regulation affecting the, (d) when it is delegated to the
people.Legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and House of
Representatives. (Sec. 1, Art. VI of the 1987 Constitution)
COMPOSITIONS OF THE SENATEThe Senate shall be composed of 24
Senators. They shall be elected at large by the qualified voters of
the Philippines.COMPOSITION OF THE HOUSE OF THE REPRESENTATIVESThe
House of the Representatives shall be composed of not more than 250
members. They are classified into two (2) groups:a. 200-Elected by
legislative districtsb. 50-Elected through a party-list
systemSECTORS ALLOWED TO SEND PARTY-LIST REPRESENTATIONSThe
following sectors are allowed by law to send party-list
representatives in Congress.1. Labor4. Indigenous Cultural
Communities2. Peasant5. Women3. Urban Poor6. Youth and
othersQualifications Of The SenatorsNo person shall be a Senator
unless he has the following qualifications:1. Natural-born citizen
of the Philippines2. At least 35 years of age3. Able to read and
write4. Registered voter5. Resident of the Philippines for not less
than two (2) years, immediately preceding the day of the
elections.Qualifications Of CongressmanNo person shall be a member
of the House of the Representatives unless he has the following
qualifications.1. Natural born citizen of the Philippines2. At
least 25 years of age3. Able to read and write4. Except a
party-list representative, a registered voter in the district in
which he shall be elected5. Not less than one (1) year residence
thereof immediately preceding the day of the election.
Term Of Office Of SenatorsThe term of office of the Senators is
six (6) years and shall commence, unless otherwise provided by law
at noon on the 30th day of June next following their election.No
Senator shall serve for more than two (2) consecutive terms. The
Senators first elected under this new Constitution shall serve
until noon of June 30, 1992 and of the Senators elected in the
election in 1992, the first 12 obtaining the highest number of
voters shall over for six (6) years and the remaining 12 for 3
years. (Sec. 2, Art. XVIII of the new Constitution)
Term of Office Of The CongressmanThe term of office of the
members of the House of the Representatives is three (3) years and
shall commence, unless otherwise provided by law at noon on the
30th day of June next following their election.No member of the
House of the Representatives shall serve for more than three (3)
consecutive terms.Privileges of the Members of Congress/
(Parliamentary Immunity)
1. Privileges from arrest in all offenses punishable by not more
than six (6) years imprisonment.2. Privilege from not being
questioned from any speech or debate in Congress or in any
committee thereof. (Art. VI, Sec. 11 of the Constitution, Martinez
vs. Morfe, 44 SCRA 22, March 24, 1972).
Disqualifications of Members of Congress1. No Senator or member
of the House of the 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.2. No Senator or Member of the House of
Representatives may personally appear as counsel before any court
of justice or before the Electoral Tribunal or quasi-judicial or
other administrative bodies.3. They shall not during their term of
office, be directly or indirectly interested financially in any
contract with the government or any subdivision, agency or
instrumentality thereof, including government-owned or controlled
corporations or its subsidiary.4. They shall not, during their term
of office, be directly or indirectly interested financially in any
franchise or special privilege granted by the government or any
subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations.5. They shall not
intervene in any matter before any office of the government for
their pecuniary benefit or where they may be called upon to act on
account of their office.Punishment of MembersEach House may punish
its Members for disorderly behaviour. The Punishment may be a
reprimand, censure, and fine, forfeiture of salary, suspension,
expulsion and imprisonment.Expulsion- To expel a Member, the
concurrence of 2/3 of all the Members of each House is
Necessary.Suspension-to suspend a Member, the concurrence of 2/3 of
all the Members of each House is Necessary. A of penalty of
suspension shall not exceed 60 days. No Member of Congress may be
suspended for an indefinite period of time. (Alejandro vs. Quezon,
26 Phil. 83).POWER OF CONGRESSThe Congress, by a vote of 2/3 of
both Houses in joint session assembled, voting separately shall
have te sole power to declare the existence of a state war.In time
of war or other national emergency, the Congress may, by law,
authorize the President, for a limited period of time and subject
to such restriction as it may prescribe, to exercise powers
necessary and proper to carry out a declared national policy.
Unless sooner with-drawn by resolution of Congress, such power
shall cease upon the next adjournment thereof. (Sec. 23, pars. 1
and 2 of the New Constitution).
Kinds of Session in Congress1. Regular Session- Once every year.
Congress shall convene on the 4th Monday of July for its regular
session, unless a different date is fixed by law.2. Special
Session- At any time that the Congress is not on session, whether
it has adjourned its regular or special session or is in recess,
the President may call it to special session to consider such
subjects or legislation as he may designate.Officers of Congressa)
In Senate- The Senate shall, by a majority vote of all its Members,
elect the following officers:1. Senate President2. Senate President
Pro-Tempore3. Majority Floor Leader4. Minority Floor Leader5.
Sergeant-at-Arms, Etc.b) In the House of Representatives- The House
of Representatives shall, by a majority vote of all its Members,
elect the following officers:1. Speaker of the House2. Speaker
Pro-Tempore3. Majority Floor Leader4. Minority Floor Leader5.
Sergeant-at-Arms, Etc.Non-Legislative Powers of Congress The
following are the non-legislative powers of Congress:a) By a vote
of 2/3 of both Houses, in joint session assembled, voting
separately, Congress shall have the sole power to declare the
existence of a state of war.b) The Senates power to concur treaties
or international agreements entered into by the president requiring
at least 2/3 of all the Members of the Senate.c) To act as the
canvassing body for the Presidential and Vice-Presidential
elections and to proclaim the persons duly elected.d) The power to
concur to the amnesty granted by the President.e) The House of
Representatives to initiate impeachment to against the impeachable
officers enumerated in the Constitution.f) The Senate power to try
and decide all impeachment cases.g) To act as a constituent
assembly for the proposal to change the Constitution.QUORUMA
majority of each House shall constitute a quorum to do business.
Ordinarily, a quorum is meant majority of all the Members of each
House. By majority, it means plus one of all the members of each
House. Members who may have been suspended or who, from time being,
are in abroad and therefore beyond the coercive power of the House
to compel attendance in the session, should not be counted in the
determination of quorum.For lack of quorum, 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.RULES OF PROCEEDINGEach House is empowered by the
Constitution to determine the rules of its proceedings subject,
however, to constitutional limitations. Thus, the rules promulgated
cannot ignore constitutional rights nor could they be violating of
fundamental rights.Once promulgated, Congress must follow them,
unless otherwise repealed or modified. However, in one case,
Justice Jose Bengson observed that parliamentary rules being
procedure; rules may be waived or disregarded by the legislative
body. (Osmea vs. Pendatum. 109 Phil. 863).ADJOURMENTEither House
may, at its own volution, adjourn an on-going session. But neither
House shall, without consent of the other adjourn:a) For more than
three (3) days;b) To any other place than that in which the houses
sitting.Other Constitutional Bodies in Congress1. Electoral
Tribunal-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 election returns and qualification of
their respective Members.
2. Commission on Appointments- TheCommission on Appointments is
a committee composed of Senators and Congressman empowered to act
upon and approve appointments made by the President to the more
important positions in the government.
Composition of Electoral TribunalEach Electoral Tribunal shall
be composed of 9 Members:a) Three (3) Justices of the Supreme
Court;b) Six (6) Senators or (6) Congressman, as the case may be,
to be chosen based on proportional representations from the
political parties or organizations registered under the party list
system.The senior Justice in the Electoral Tribunal shall be the
Chairman of the Electoral Tribunal.QUESTION HOURConceptThe question
hour is a parliamentary feature where the Heads of Departments,
with the consent of the President, may appear and be heard by such
house on any matter pertaining to their departments. (Art. 6 Sec.
22).
Composition of Commission on Appointments1. President of the
Senate as ex-officio Chairman.2. Twelve (12) Senators elected by
the House of Representatives on the basis of proportional
representation from the political parties or organization
registered under the party-list system.
Power of the Electoral TribunalThe Electoral Tribunal of the
Senate (SET) and the House of Representatives (HRET) were created
by the Constitution as special tribunals to be the sole judge of
all contest relating to election returns and qualifications of
Members of the legislative House and as much, are independent
bodies which must be permitted to select their own employees and to
supervise and control them, without any legislative interference.
(Suanes vs. Chief Accountant of the Senate 31 Phils. 818).The
Tribunals are independent from Congress devoid of partisan
influence or consideration and therefore, Congress has no power to
regulate proceedings of these electoral tribunals. (Angara vs.
Electoral Com., 53 Phil. 139 and Bondoc vs. Pineda, etal, GR No.
97710, Sept. 26, 1991).Powers of the Commission on AppointmentsThe
Commission on Appointments shall rule by a majority vote of all the
Members. But the Chairman of the Commission shall not vote, except
in a tie.The Commission on Appointments shall act on all
Appointments submitted to it within 30 session days of the Congress
from their submission.BILLConceptA Bill is a draft of a proposed
Law.Kinds of Bill1. Appropriation Bill is one of the primary
purpose of which is to make appropriation of money from the public
treasury.2. Revenue Bill- is one that is specially designed to
raise money or income through imposition of levy.3. Private Bill-
in one that serves a private interest.4. Bill of Local Application-
is one that affects a particular place or locally where the
inhabitants of said place will be benefited or will profit
thereby.ENROLLED BILLConceptAn enrolled bill is a copy of an
enacted bill. Filed away as evidence of what the law is/ (Webster
Dic., p. 851).Bills that should Originate Exclusively in the House
of Representatives1. Appropriation bills2. Revenue or Tariff
bills3. Bills authorizing public debt4. Bills of local
application5. Private bills
Parts of Bill 1. Title 2. Preamble3. Enacting clause4. Body5.
Date of Effectively
Steps or Process of Law- Making FIRST READING-A Senator or
Congressman presents a bill, duly signed by him either alone or
together with some co-authors, for first Reading and reference to
the proper committee. The bill is read by its number and title as
well as the name or names of the author or authors. Referral to
Proper Committee- Immediately after the first reading, the bill is
referred to the proper committee/committees for proper study and
appropriate action. If the bill is disapproved by the
committee/committees the bill dies a natural death unless the
Senate or the House of Representatives decides otherwise following
the submission of the report to the committee/committees. SECOND
READING- If the report of thecommittee/committees is the supportive
of the bill and the recommendation favourable; the bill is
forwarded to the committee on Rules so the bill may be calendared
for deliberation on Second Reading. The bill is read for the second
time together with the amendments, if any, made by the committee
unless the reading is dispensed with by a majority vote of the
Senate or the House of the Representatives. DEBATES-After the
second reading, the bill is opened for discussion and debate on the
floor of the senate or House of Representatives. At this stage,
Amendments to the bill may be introduced. PRINTING AND
DISTRIBUTION- if the bill is approved on the Second Reading, the
same shall be printed in its final form and copied thereof
distributed to the Senators or Congressman three (3) days before
its passage, except when the President certifies to the necessity
of its immediate enactment to meet a public calamity or emergency.
The bill is then calendared for Third Reading. THIRD READING- On
third reading, only the title of the bill is read and amendment to
the bill is no longer allowed. Immediately after the Third Reading
, the vote on the bill is taken and the yeas and nays entered in
the journal so there is permanent official record of how the
Senators or Congressman voted on the Measure. REFERRAL TO THE OTHER
HOUSE- If approved on the Third reading the bill is referred to the
other House where basically the same procedure takes place.
SUBMISSION TO THE PRESIDENT- A bill pass by the Senate and the
House of Representatives shall be printed in enrolled from and
there after presented to the President for approval or veto. If the
President approves the same, he shall sign it and the bill shall
become a law. Every bill shall pass three(3) readings on separate
days. DOCTRINE OF AUTOMATIC RE-APPROPRIATION- This doctrine refers
to the automatic re-enactment of the General Appropriation law for
the ensuring year.INSTANCES WHERE A BILL MAY BECOME A LAW EVEN
WITHOUT THE APPROVAL OF THE PRESIDENTAs a General rule, all bills
shall, before they become a law, must be presented to the President
for signing, except on the following instances;1. When the veto of
the President is overridden.2. When the President does not act on
the bill within 30 days after receipt.3. When the bill is purposes
of repealing the emergency power statute earlier granted to the
President.4. When the bill calls for a special election to elect a
President and Vice-President.VETOConceptA veto is the rejection by
the President of a bill submitted to him for signing.POCKET
VETOConceptPartial veto refers to the inaction of the President on
a bill submitted to him for signing. If the inaction lasts for 30
days or more, the bill will become a law.PARTIAL VETOConceptPartial
veto is the rejection by the President of part or portion of the
bill submitted to him for signing. As a general rule, the President
is not allowed to veto a portion of the bill. He may either approve
or veto it.
MODES ON HOW A BILL MAY BECOME A LAWThere are three(3)modes of a
bill becoming a law.1. When the president approves the bill
presented to him and signs the same.2. When the presidential veto
is overridden by 2/3 members of the House where the bill
originated.3. When the president fails to communicate his veto on
the bill within the period of 30 days. (Pocket Veto)
CONSTITUTIONS JOURNALConceptA Journal is the official record of
the proceedings of the house concerned. It is the official
repository of business activities undertaken by the two
Houses.Matters to be entered in the JournalThe following must be
entered in the Journal:1. YEAS and NAYS on any question at the
request of at least 1/5 of the Members present;2. YEAS and NAYS of
the last reading of the bill;3. Presidential objections on Vetoed
bills;4. YEAS and NAYS and the names of the Members of each House
when it overrides the veto of the Presidential; and5. The vote of
each of the Members of the House, who voted to affirm or revoke the
impeachment of the President.EFFECTIVITY OF LAWSAs a general rule,
laws take effect after 15days following the completion of their
publication in the Official Gazette or in the newspaper of general
circulation, unless otherwise provided. (Art. 2, The New Civil Code
of the Philippines, as amended by E.O. No. 200).Provisions against
the granting of title of royalty or nobilityCongress is not allowed
to pass a law granting title of royalty or nobility to any person.
(Sec. 31, Art. VI of the Constitution).Provisions against
gerrymandering.There is gerrymandering if legislative districts,
which are neither contiguous, nor compact and adjacent, are being
apportioned.Annual salary of the following officers.1. Senate
President Php240,000.002. Speakers of the House of
Representatives240,000.003. Senators 204,000.004.
Congressman204,000.00(Art. 18, sec. 17 of the Const.)Hodge-Podge or
Log-Rolling LegislationsHodge-podge or log-rolling legislation
(i.e., omnibus bill) 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 skills.If these
subjects where to be presented in separate bills, the likelihood is
that none of them might obtain a majority vote. (V. G. Sinco. Phil.
Political Law.11th ed., p.225).ARTICLE VIIEXECUTIVE
DEPARTMENTSection1. The executive power shall be vested in the
President of the Philippines.Section 2. No person maybe elected
President unless he is natural born citizen of the Philippines, a
registered voters, able to read and write, at least forty years of
age on the day of the election, and a resident of the Philippines
for at least ten years immediately preceding such election.Section
3. There shall be Vice-President who shall have the same
qualifications and term of office and be elected with and in the
same manner as the President. He may be removed from office in the
same manner as the President. The Vice-President may be appointed
as a Member of a Cabinet. Such appointment requires no
confirmation.Section 4. The President and the Vice-President shall
be elected by direct vote of the people for a terms of six years
which shall begin noon on the thirtieth day of June next following
the day of election and shall end at noon of the same date six
years thereafter. The President shall not be eligible for any
re-election. No person who has succeeded as President and has
served as such for more than four years shall be qualified for
election to the same office at any time. No Vice-President shall
serve for more than two successive terms. Voluntary renunciation of
the office for any length of time shall not be considered as an
interruption in the continuity of the service for the full term for
which he was elected.Unless otherwise provide by law, the regular
election for President and Vice-President shall be held on the
second Monday of May The returns of every election for President
and Vice-President, duly certified by the board of canvassers of
each province or city, shall be transmitted to the Congress,
directed to the President of the Senate. Upon receipt of the
certificates of canvass, the President of the Senate shall, not
later than thirty days after the day of the election, open all the
certificates in the presence of the Senate and the House of
Representatives in joint public session, and the Congress, upon
determination of the authenticity and due execution thereof in the
manner provide by law. Canvass the votes.The person having the
highest number of votes shall be proclaimed elected, but in case
two or more shall have an equal and highest number of votes, one of
them shall forth with the chosen by the vote of a majority of all
Members of the Congress, voting separately. The Congress shall
promulgate its rule for the canvassing of the certificates. The
Supreme Court, sitting en banc, shall be the sole judge of all
contests relating to the election, returns, and qualifications of
the President or Vice-President, and may promulgate its rule for
the purpose.Section 5. Before they enter on the execution of their
office, the President, the Vice-President, or the Acting President
shall take the following oath or affirmation.I do solemnly swear
(or affirm) that I will faithfully and conscientiously fulfil my
duties as President (or Vice-President or Acting President) of the
Philippines, preserve and defend its Constitution, execute its
laws, do justice to every man, and consecrates myself to the
service of the Nation. So help me God. (In case of affirmation last
sentence will be omitted).Section 6. The President shall have an
official residence. The salaries of the President and
Vice-President shall be determined by law and shall not be
decreased during their tenure. No increase in said compensation
shall take effect until after expiration of the term of the
incumbent during which such increase was approved. They shall not
receive during their tenure any other emolument from the Government
or any other source.Section 7. The President-elect and the
Vice-President-elect shall assume office at the beginning of their
terms.If the President-elect fails to qualify, the
Vice-President-elect shall act as the President until the
President-elect shall have qualified.If thePresident shall not have
been chosen, the Vice-President-elect shall act as a President
shall have been chosen and qualified.If at the beginning of the
term of the president, the President-elect shall have died or shall
have become permanently disabled, the Vice-President-elect shall
become president.Where no President and Vice-President shall have
been chosen or shall have qualified, or where both shall have died
or become permanently disabled, the President of the Senate or, in
case of inability, the Speaker of the House of Representatives
shall act as a President until a President or a Vice-President
shall have been chosen and qualified.The Congress shall, by law,
provide for the manner in which one who is to act as President
shall be selected until a President or a Vice-President shall have
qualified, in case of death, permanent disability, or inability of
the officials mentioned in the next preceding paragraph.Section 8.
In case of death, permanent disability, removal from office, or
resignation of the President, the Vice-President shall become the
President to serve the unexpired term. In case of death, permanent
disability, removal from office, or resignation of both the
President and the Vice-President, The President of the senate or,
in case of his inability, The Speaker of the House of
Representatives, shall then act as President until the President or
Vice-President shall have been elected and qualified.The Congress
shall, by law, provide who serve as President in case of death
permanent disability, or resignation of the Acting President. He
shall serve until the President or the Vice-President shall have
been elected and qualified, and be subject to the same restriction
of powers and disqualifications as the Acting President.Section 9.
Whenever there is vacancy in the office of the Vice-President
during the term for which he was elected, the President shall
nominate a Vice- President from among, the Members of the Senate
and the House of Representatives who shall assume office upon
confirmation by a majority vote of all Members of both House of the
Congress voting separately.Section 10. The Congress shall, at ten
oclock in the morning of the third day after the vacancy in the
offices of the President and Vice-President occurs, convene in
accordance with its rules without need of a call and within seven
days enact a law calling for a special election to elect a
President and a Vice-President to held not earlier than forty-five
days or later than sixty days from the time of such call. The Bill
calling such special election shall be deemed under paragraph 2,
Section26, Article VI of this Constitution and shall become law
upon its approval on third reading by the Congress. Appropriations
for the special election shall be charged against any current
appropriations and shall be exempt from the requirements of
paragraph 4, Section 25, Article VI of this Constitution. The
convening of the election shall be called if the vacancy occurs
within eighteen months before the state of the next presidential
election. Section 11. Whenever the President transmits to the
President of the Senate and the Speaker of the House of
Representatives his written declaration that he is usable to
discharge the powers and duties of his office, and until he
transmits to them a written declaration to the contrary, such
powers and duties shall discharged by the Vice-President as Acting
President.Whenever a majority of all the Members of the Cabinet
transmit to the President of the Senate and to the Speaker of the
House Of Representatives their written declaration that the
President is unable to discharge the powers and duties of his
office, The Vice-President shall immediately assume the powers and
duties of the office as Acting President.Thereafter, when the
President transmits to the President of the Senate and to the
Speaker of the House of Representative his written declaration that
no inability exists, he shall reassume the powers and duties of his
office. Meanwhile, should a majority of all the Members of the
Cabinet transmit within five days to the President of the Senate
and to the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers
and duties his office, the Congress shall decide the issue. For
that purpose, the Congress shall convene, if it is not in session,
within forty-eight hours, in accordance with its rules and without
need of call.If the Congress within ten days after receipt of the
last declaration or if not in session within twelve days after it
is required to assembled, determines two-thirds vote of both
Houses, voting separately, that the president is unable to
discharge the powers and duties of his office, the Vice-President
shall act as President; otherwise, the President shall continue
exercising the powers and duties of his office.Section12. In case
of serious illness of the President, the public shall be informed
the state of his health. The Members of the Cabinet in charge of
national security and foreign relations and the Chief of Staff of
the Armed Forces of the Philippines shall not be denied access to
the President during such illness.Section13. The President,
Vice-President, The Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provide in this
Constitution, hold tenure, directly or indirectly practice any
other profession, participate in any business, or be financially
interested in any contract with, or in any franchise or
instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. They shall strictly avoid
conflict of interest in the conduct of the office.The spouse and
relatives by consanguinity of a affinity within the fourth civil
degree of the President shall not during his tenure be appointed as
Members of the Constitutional Commissions, or the office of the
Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads
of bureau or offices, including government-owned or controlled
corporations and their subsidiaries.Section14. Appointments
extended by an Acting President shall remain effective unless
revoked by the elected President within ninety days from his
assumption or re-assumption of office.Section15. Two months
immediately before the next presidential election and up to the end
of his term, a President or Acting President shall not make
appointments, except temporary appointments to executive positions
when continued vacancies therein will prejudice public service or
endanger public safety.Section16. The President shall nominate and
with the consent of the Commission on Appointments, appoint the
heads of the executive departments, ambassadors, other public
ministers and consuls, or officers of the Armed Forces from the
rank colonel or naval captain, and other officers whose
appointments are vested in him this Constitution. He shall also
appoint all other officers of the Government whos authorized by law
to appoint. The Congress may, by law, vest the appointment of other
officers lower in rank in the President alone, in the courts, or in
the heads of departments, agencies, commissions, or boards.The
President shall have the power to make appointments during the
recess of the Congress, whether voluntary or compulsory, but such
appointments shall be effective only until disapproval by the
Commission on Appointments or until the next adjournment of the
Congress. Section17. The President shall have control of all the
executive departments, bureaus, and offices. He shall ensure that
the laws be faithfully executed.Section18. The President shall be
the Commander-in-Chief of all armed forces of the Philippines and
whenever it becomes necessary, he may call out such armed forces to
prevent or suppress lawless violence, invasion or rebellion. In
case of invasion or rebellion, when the public safety requires it,
he may, for a period not exceeding sixty days, suspends the
privileged of the writ of habeas corpus or place the Philippines or
any part thereof under martial law. Within forty-eight hours from
the proclamation of martial law or the suspension of the privilege
of the writ of habeas-corpus the President shall submit a report in
person or in writing to the Congress. The Congress voting jointly,
by a vote of at least a majority of all its Members in regular or
special session may revoke such proclamation or suspension, which
revocation shall not be set aside by the President. Upon the
initiative of the President, the Congress may, in the same manner,
extend such proclamation or suspension for a period of time to be
determined by the Congress, if the invasion or rebellion shall
persists and public safety requires it.The Congress if not in
session, shall, within twenty-four hours following such
proclamation or suspension, convene in accordance with its rules
without need of a call.The Supreme Court may review, in an
appropriate proceeding filed, by any citizen, the sufficiency of
the factual basis of the proclamation or martial law or the
suspension of the privilege of the writ or the extension thereof,
and must promulgate its decision thereon within thirty days from
filling.A state of martial law does not suspend the operation of
the constitution, nor supplant the functioning of the civil courts
or legislative assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over civilians where
civil courts are able to function nor automatically suspend the
privilege of the writ.The suspension of the privilege of the writ,
shall apply only to persons judicially charged for rebellion or
offenses inherent in or directly connected with invasion.During the
suspension of the privilege of the writ, any person thus arrested
or detained shall be judicially charged within three days,
otherwise he shall be released.Section19. Except in cases of
impeachment, or as otherwise provided in this Constitution, the
President may grant reprieves, commutations, and pardons, and remit
fines and forfeitures after conviction by final judgement.He shall
also have the power to grant amnesty with the concurrence o f a
majority of all the Members of the Congress.Section20. The
President may contract or guarantee foreign loans on behalf of the
Republic of the Philippines with the prior concurrence of the
Monetary Board, and subject to such limitations as may be provided
by law. The Monetary Board shall within thirty days from the end of
every quarter of the calendar year, submit to the Congress a
complete report of its decisions on applications for loans to be
contracted or guaranteed by the Government or government-owned and
controlled corporations which would have the effect of increasing
foreign debt, and containing other matters as may be provided by
law.Section21. No treaty or international agreement shall be valid
and effective unless concurred in by at least two-thirds of all the
Members of the Senate.Section22. The President shall submit to the
Congress within thirty days from the opening of every regular
session, as the basis of the general appropriations bill, a budget
of expenditures and sources of financing, including receipts from
existing and proposed revenue measures.Section23. The President
shall address the Congress at the opening of its regular session.
He may also appear before it any other time.
Notes:Executive powerConceptExecutive power is the legal and
political functions of the President involving the exercise of
discretion.The executive power shall be vested in the President of
the Philippines (Art. 7, Sec. 1).Evidence of the Independence of
the President1. He cannot be removed from the office, save in case
of impeachment.2. His Salary may not be increased or decrease
during his term of office.3. His executive actions cannot be
supervised by the courts.4. His executive power may not be impaired
by Congress.5. He cannot be sued during his term of office.
Qualifications of the President and Vice-PresidentThe
qualification of the President and Vice-President are the
following:1. Natural-born citizen of the Philippines2. Registered
voter3. At least 40 years of age4. At least 10 years residence in
the Philippines immediately preceding the election.Term of
OfficeThe term of office of the President and Vice-President shall
be for six years, which shall begin at noon on the thirtieth day of
June next following the day of election and shall end at noon of
the same day six years thereafter.The President is not eligible for
any re-election. The Vice-President is allowed to run up to two
terms only. No persons who has succeeded as President and has
served as such for more than four years shall be qualified for
election to the same office at anytime.Presidential Succession If
the president shall not have been chosen, the Vice-President-elect
shall ACT as President until the President-elect shall have
qualified.If the President-elect fails to qualify, the
Vice-presidentelect shall Act as the President until the
President-elect shall have qualified.Where no President and
Vice-President shall have been chosen or qualified, and/or the
Senate President is not available, the Speaker of the House of
Representatives shall ACT as President until a President or
Vice-President shall been chosen or qualified.If the
President-elect dies or incapacitated, the Vice-President shall
BECOME the President.Thus, there are instances where the
Vice-President shall act only and there are also instances where
the Vice-President shall become the President.Prohibitions against
the President and his official FamilyProhibitions against the
President and his official Family are:1. They cannot hold any other
office or employment during their tenure.2. They cannot directly or
indirectly participate in any business.3. They cannot directly or
indirectly be financially interested in any contract with, or in
any franchise, or special privilege granted by the government.
POWERS OF THE PRESIDENTThe powers of the President are the
following:a) Military power (he is the Commander-in-Chief of the
Armed Forces of the Philippines);b) Diplomatic power (he can enter
into a treaty with another country);c) Control (over appointed
officials and cabinets);d) General Supervision (over local
government officials);e) Appointment;f) To grant amnesty with the
concurrence of congress;g) To grant pardon (includes parole,
reprieve and commutation);h) To declare martial law;i) To Suspend
the writ of habeas Corpus;j) To deport aliens or the so-called
persona-non-grata;k) Residual Power (unstated power to do anything
not forbidden by the Constitution for the safeguard and welfare of
the people);l) To contract loan with the concurrence of the
Monetary Board; andm) Power to execute the laws of the land.
Problem:May Congress grant emergency powers to the
President?Answer:Yes. Section 23(2), Article 6 of the Constitution
provides that Congress may grant the President emergency powers
subject to the following conditions:There is a war or other
national emergency,The grant of emergency powers must be for a
limited period, The grant of emergency power is subject to such
restriction as Congress may prescribe; and,The emergency powers
must be exercised to carry out a declared national policy.
AMNESTY concurrence of Congress. Proclamation of the
President.ConceptAmnesty is an act of grace, concurred by Congress,
usually extended to group of persons who committed political
offences.PARDON is granted by the President. Act of forgiveness.
Granted 4 infraction of peace of State.Private act of the
President.ConceptPardon ids an act of Grace which exempts a person,
on whom it is bestowed, from the punishments which the law inflicts
for the crime he has committed.PAROLEConceptParole is the release
of a person from imprisonment, but without full restoration of
liberty, as the parolee is still under the custody of the
law.RETRIVEConceptReprieve is the postponement of a sentence or a
stay of execution, usually a death of
sentence.COMMUTATIONConceptCommutation is the reduction of
mitigation of the penalty.Amnesty distinguished from PardonThe
distinctions are the following:1. Amnesty is addressed to political
offenses while pardon refers to any infractions of law.2. Amnesty
is granted to a class of persons; pardon is granted to
individuals.3. Amnesty need not be accepted; while pardon must be
accepted.4. Amnesty requires concurrence of Congress, pardon does
not require any concurrence from Congress5. Amnesty is public act;
pardon is a private act of the President6. Amnesty looks backward
and pus the offence in oblivion, while pardon looks forward and
relieves the pardoner of the consequences of his offense.7.
Problem:Mr. Bir A. Dor was convicted of murder. He appealed. While
on appeal, he was pardoned by the President. Is the pardon
valid?Answer:No, pardon may be granted only after final conviction.
(People vs. Salle, 250 SCRA 581) Amnesty may be given anytime,
while pardon may only be given after conviction.
Prohibition In The Pardoning Power Of The PresidentThe pardoning
power of the President shall not apply in the following cases,
namely:1. Impeachment,2. Violation of election laws, unless
recommended by the COMELEC,3. Cases that are not yet final and
executor,4. Civil contempt,5. Legislative contempt,6. Civil
liability of the convicts, and7. The restoration of the public
office forfeited.APPOINTMENTConceptAppointment is the designation
of a person, by an officer having authority therefore, to discharge
the duties of an office o trust.The kinds of appointment are the
following:1. Regular2. Ad-interim3. Recess appointment
A regular appointment requires the confirmation of the
Commission on Appointment before the appointee can assume office.An
ad-interim appointment takes effect immediately. It is valid if it
is confirmed by the CA or until the next adjournment of Congress.A
recess appointment need no confirmation by the CA. It is valid
effective immediately, but temporary in the sense that it is valid
until disapproved by the CA or until the next adjournment of
Congress.CONTROLConcept Control means to direct, regulate or
govern. It is power to override the decision or an action of the
subordinates. (Gonzales. Pol. Sci. 1966 Ed.)SUPERVISIONConcept
Supervision is the oversight or inspection by a superior officer
over the performance of thing or work of the subordinates (Mondano
vs. Silvosa, L-7708)Limitations on the appointing power of the
presidentThe limitations on the appointing power of the President
are:1. He cannot appoint his relatives within the 4th civil degree
of consanguinity or affinity.2. He cannot make appointment within
two months period to regular election for President and Vice
President, except temporary appointments.3. Appointments extended
by an acting President shall remain effective, unless revoked by
the elected President within 90 days from his assumption.Steps In
Appointing ProcessThe steps in appointing process areFirst:
Nomination of the President;Second: Confirmation by the CA;Third:
Issuance of the commission; andFourth:Acceptance by the
appointee.Thus, The Presidents nominates; the Commissions on
Appointments; and thereafter the President issues the
commission.MARTIAL LAWConcept There are three concepts of martial
law, namely:FirstThe military law power, that is, the body of
administrative laws created by Congress for the governance of the
Armed Forces as the organized force.SecondThe principle governing
the conduct of military forces in times of war and in the
government of occupied territory.ThirdThe law which has application
when the military arm does not supersede civil authority but is
called upon to aid in the execution of civil function.The third
concept of martial law is the one adopted by the 1987 Constitution
(Art. 2, Sec, ,m 1987 Cons.). Thus, even during martial law, the
civilian officers are still the ones supreme over the
military.Grounds for the suspension of the writ of habeas corpus
The grounds for the suspension of the writ of habeas corpus are:1.
Invasion2. RebellionGrounds for the declaration of martial law The
grounds for the declaration of martial law are the following:1.
Invasion 2. Rebellion, when the public safety requires it.There is
invasion if the country is attacked by another country; and there
is rebellion when a group of persons rise publicly and take up arms
against the government.