Legislative Department

Sec. 1

Legislative Power – is the authority to make laws, and to alter and repeal them. As vested by the Constitution in Congress, it is a derivative and delegated power.

Non delegability of legislative powero Concept

doctrine of separation of powers concept of due process of law, which precludes the transfer of

regulatory functions to private persons. “delegate potestas non potest delegari”

o Exception

local governments may be allowed to legislate on purely local matters in times of war and other national emergency, to give to the President

“powers necessary and proper to carry out a declared national policy” delegate the power to fix tariff rates, impost and export quotas, tonnage

and wharfage dues and other duties and imposts in order to ensure that the power delegated by the legislature is not law-making

power, the statute making the delegation must be 1) be Complete in itself; 2) fix a standard

“except to the extent reserved to the people by the provision on initiative and referendum”

Initiative – power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the purposeo Classes of initiative

1. initiative on the Constitution – petition proposing amendments to the Constitution

2. Initiatives on Statutes – petition proposing to enact a national legislation3. Initiative on local legislation – petition proposing to enact regional,

provincial, city, municipal or barangay law, resolution or ordinance. local initiative – may file in the Regional Assemble or local legislative

body, respectively, proposing the adoption, enactment, repeal, or amendment, of any law, ordinance or resolution.

Not less than (registered voters)Autonomous region 2,000Provinces and cities 1,000Municipalities 100Barangays 50

Limitations on local initiative1. Power of local initiative shall not be exercised more than once a

year2. Initiatives shall extend only to subjects or matters which are within

the legal powers of the local legislative bodies to enact

3. If at any time before the initiative is held, the local legislative body should adopt in toto the proposition presented the initiative shall be cancelled.

Limitation of local legislative body vis a vis local initiative - any proposition or ordinance approved through an initiative and

referendum shall not be repealed, modified or amended by the Sangugnian within 6 months from the date of approval thereof, and may be amended, modified and repealed within 3 years thereafter by a vote of ¾ of all its members. In case of barangays, the period shall be 18 months after approval.

Indirect initiative – exercise of initiative by the people through a proposition sent to the Congress or the local legislative body for action

Referendum – power of the electorate to approve or reject legislation through an election called for that purpose.o Classes of referendum

1. Referendum on Statutes – petition to approve or reject an act or law, or part thereof, passed by Congress

2. Referendum on Local laws – legal process whereby the registered voters of the local government units may approve, amend or reject any ordinance enacted by the Sanggunian

The following cannot be the subject of an initiative or referendum1. No petition embracing more than one subject shall be submitted to the

electorate 2. Statutes involving emergency measures, the enactment of which is

specifically vested in Congress by the Constitution, cannot be subject to referendum until 90 days after their effectivity

BicameralAdvantages Disadvantages1. a second chamber (Senate) is necessary to

serve as a check to hasty and ill-considered legislation

2. it serves as a training ground for future leaders

3. it provides a representation for both regional and national interest

4. a bicameral legislature is less susceptible to bribery and control of big interests

5. 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

1. the bicameral set-up has not worked out as an effective fiscalizing machinery

2. although it affords a double consideration of bills, it is no assurance of better considered and better deliberated legislation

3. if produces duplication of efforts and serious deadlocks in the enactment of important measures with the Conference Committee of both houses, practically arrogating unto itself the power to enact law under its authority to thresh out differences

4. all things being equal, it is more expensive to maintain than a unicameral legislature

5. the prohibitive cost of senatorial elections have made it possible for only wealthy individuals to make it to the Senate; and as to the claim that a Senate is needed to provide training ground for future leaders.

Sec. 2-4 (Senate) & 5-7(House of Representatives)

Senate House of representativesComposition(Sec 2 & 5)

24 Senators Not more than 250 members

District Representatives Part-list Representatives

Qualification(Sec 3 & 6)

Natural born citizen of the PhilippinesOn the day of the

election at least 35 years of age

On the day of the election at least 25 years of age

On the day of the election at least 25 years of age. In case of youth

sector, he must be at least 25 but not

more than 30 years old

Able to read and writeA registered voter A registered voter in the

district in which he shall be elected

A registered voter

A resident of the Philippines of not less

than 2 years immediately preceding the day of the election

A resident thereof for a period of not less than 1

year immediately preceding the day of the

election

A resident of the Philippines of not

less than 1 year immediately

preceding the day of the election

A bona fide member of the

party or organization

which he seeks to represent for at

least 90 days preceding the day

of the electionOffice Term(Sec 3 & 7)

6 years per term 3 years per termUnless otherwise provided by law shall commence at

noon on the 30th day of June next following their election

Shall not serve for more than 2 consecutive

terms

Shall not serve for more than 3 consecutive terms

Voluntary renunciation of the office in 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

Sec. 2

There are 24 senators; the smaller the number suggested superior quality and that a number higher than 24 would tend to dilute the quality of the Senate

Can the number be increased?

Sec. 3

Residence – is the place where one habitually resides and to which, when he is absent, he has the intention of returning. “Domicile”

Sec. 4

There is no limit as to the number of years one can serve as a senator or member of the House of Representative.

Senator could run again 3 years after the expiration of his second term sec. 2 of Transitory provisions: “Of the Senators elected in the election in 1992, the

first 12 obtaining the highest no. of votes shall serve for 6 years and the remaining 12 for 3 years.” Senatorial elections take place every 3 years and all are elected for a 6 year term

Sec. 5

Compositiono District representatives – elected from legislative districts apportioned

among the provinces, cities, and the Metropolitan Manila area. (par. 1)o Party-list Representatives – shall constitute 20% of the total no. of the

members of the House of Representatives including those under the party-list (par. 2) 200 district representative and 50 party-list representative = fully

operative party-list system no winning party , organization or coalition may have more than 3

seats in the House of Representatives.o Sectoral representatives – will last only for 3 consecutive terms after

the ratification of this Constitution. After the lapse of such period, there will remain only district and party representatives. (par. 2) ½ of the seat shall be filled by selection or election

labor peasant urban poor indigenous cultural communities women youth and such other sector as may be provided by law EXCEPT

religious sector President shall choose from a list of nominees by the respective

sectors. Each legislative District shall compromise, as far as practicable, contiguous,

compact, adequate territory. Each city with a population of at least 250,000, or each province, shall have at least one representative. (par. 3)

o there is no specific provision in the Constitution that fixes a 250,000

minimum population that must compose a legislative district for province.o Gerrymandering – formation of one legislative district out of separate

territories for the purpose of favoring a candidate or a party. It is a practice of creating a legislative district composed only of towns or localities where a preferred candidate is expected to win, and excluding from said district those towns or localities where a preferred candidate is not expected to win.

o equal representation – basic principle of republicanism. One man’s vote

should carry as much weight as the vote of every other man. Within 3 years following the return of every census, the Congress shall make

a reapportionment of legislative districts based on the standards provided in this section. (par. 4)

o Commission on elections has no authority to correct the imbalance by

the transfer of municipalities from one district to another. Correction of the imbalance must await the enactment of a reapportionment law.

o The Constitution does not preclude the Congress from increasing its

membership by passing a law, other than a general reapportionment law. Thus, a law converting a municipality into a highly urbanized city automatically creates a new legislative district, and consequently increases the membership of the House of Representatives.

o Rule of apportionment

Legislative district elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area.

Each legislative District shall compromise, as far as practicable, contiguous, compact, adequate territory.

Each city with a population of at least 250,000 (-300,000), or each province, shall have at least one representative.

Within 3 years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section. to allow for correction of imbalances in representation due to

rise and movements of population. 2 regimes

o temporary regime of sectoral representation

o permanent party-list or proportional representation

Sec. 6

Qualifications of sectoral representative were not explicitly discussed by the Commission.

Sec. 7

term – period of time allotted to the office by law tenure – is the period during which the official actually holds office

Sec. 8

Unless otherwise provided by law, the regular election of the senators and the member of the House of Representative shall be held in the second Monday of May.

Sec. 9

In case of vacancy in the Senate or in the House of Representative, 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

2 kinds of election for member of the Congresso Regular election – it shall be held of the second Monday of May.

for the Senate, half of the member is elected every 3 years on even date.o Special election – it may be called in case of a vacancy

at least 18 months before the next regular election for member of the Senate

at least 1 year before the next regular election for members of the House of Representatives

Sec. 10

The salaries of the Senators and the member 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 Member of the Senate and the House of representative approving such increase.

annual salary – 240,000 allows traveling expenses but not office expenses

Sec. 11

A Senator or a member of the House of representative s shall, in all offenses punishable by not more than 6 years imprisonment, be privileged from arrest while the Congress is in session. No person shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.

Our constitution enshrines parliament immunity which is a fundamental privilege cherished in every legislative assembly of the democratic world.o privileged from arrest

members of Congress are not exempt from detention for crime. they may be arrested, even when the House is in session, for crimes

punishable by a penalty of more than 6 yearso privileged of speech and debate

Requirements to avail privilege that the remarks must be made while the legislature or the

legislative committee is functioning/ in session that they must be made in connection with the discharge of official

duties When immunity cannot be claimed

o the member is not acting as a member of Congress, for he is not entitled to

any privileges above his fellow citizenso the member is being questioned in Congress itself, wherever said body

considers that his words and conduct are disorderly and unbecoming of a member thereof

Sec. 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 interest. 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.

does not prevent the legislator from filing the proposed legislation. the advance disclosure would create a presumption in favor of the legislator

concerned should he be later be charged by his colleges with conflict of interest

Sec. 13

No Senator or member of the House of representative 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.

a legislator is not prevented from accepting an appointment, however if he chooses to accept another office, he automatically forfeits his seat in Congress.

Incompatible Office – simultaneous holding of office and seat in the Congress. Forbidden Office – may not be appointed to any office in the government that has been

created or the emoluments thereof have been increased during his term

Sec. 14

Parliamentary inhibitions and disqualification

Senator or Member of the House of representatives

shall not personally appear as counsel before any court of justice or before the electoral tribunals, or quasi and other administrative bodieso to forestall any undue influence, deliberately or not, upon the body where he is

appearingo applies to senator or member of the House who appears “in intervention” in one’s

own interest after purchasing shares of stock of a corporation which was a party to a suit

o the law firm in which the Senator or member of the house is

shall not be 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 officeo the prohibited contracts are those that involve a financial investment or business of

which the member of the Congress expects to deprive profit or gain shall not intervene in any matter of the Congress before any office of the

Government of his pecuniary benefit or where he may be called upon to act on account of his officeo as to member of the Congress there is no general prohibition as to the practice of

their profession

Sec. 15

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 session – can last long as long as the Congress wants but only until 30 days before the opening of its next regular session…

special session – it takes place when the President calls Congress, during the time that it is in recess, to session to consider such subject or legislation as he may designate.

o to call vacancies in the offices of the President and Vice President at 10

a.m. on the 3rd day after vacancieso to decide the disability of the President because a majority of all the

members of the cabinet have “disputed” his assertion that he is able to discharge the powers and duties of his office

o to revoke or extend the Presidential proclamation of martial law or

suspension of the writ of habeas corpus executive session – secret meetings of Congress or any of its committees

Sec. 16

The senate shall elect its President and the House of representatives its speaker, by a majority vote of all its respective membersEach house shall choose such other officers as it may deem necessary.

only officers prescribe in the Constitution areo President of the Senate

o Speaker of the House of Representatives

how the other officers are chosen is something within the control of each House the choice of the President/Speaker at any time was declared political in nature and that

the constitutional grant to the Senate/House of Representative to elect its own President/Speaker should not be taken over by the judiciary

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 member in such manner, and under such penalties, as such house may provide.

Quorum – is such a number of the membership of an assembly or collective body as is competent to transact its business.o ordinarily , a quorum is at least ½ plus one of the members of a body.

o basis for determining the existence of quorum is not the number of all the members

who constitute the entire membership of each house (it is not within the coercive power to enforce its authority and command) a member who for the time being is outside the Philippines members are suspended

Difference between “a majority of all the members” of a body and “a majority” of the body, the latter requiring less number than the former.

Instances when the Congress is voting separately1. choosing the president2. determine the President’s disability3. confirming nomination of Vice-President4. declaring existence of a state of war in joint session5. proposing constitutional amendments

Instances when the Congress is voting jointly1. revoking/extending proclamation suspending the privilege of writ of habeas corpus2. revoking or extending declaration of martial law

Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of 2/3 of all its members, suspend or expel a member. A penalty of suspension, when imposed, shall not exceed 60 days.

cannot be judicially reviewed members of Congress may also be suspended by the Sandiganbayan or by the Office

of the Ombudsman Forms of punishment: reprimand, fine, forfeiture of salary, imprisonment, suspension

(shall not exceed 60 days) and expulsion. Each house has no power to suspend a member for an indefinite period of time. The

vacancy does not arise; the people are deprived of the opportunity to elect replacement for the period of suspension.

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 yeas and nays of any question shall, at the request of 1/5 of the members present, be entered in the journalEach house shall also keep a record of its proceedings

Journal – a resume of minutes of what transpired during a legislative session Record – word for word transcript of the proceedings taken during the session Purpose

1. to insure publicity to the proceedings of the legislature, and a correspondent responsibility of the members to their respective constituents

2. to provide proof of what actually transpired in the legislature. Matters mandated by the Constitution to be entered into the Journal

1. yeas and nays on the third and final reading of a bill2. veto message of the president3. yeas and nays on re-passing a bill vetoed by the president4. Yeas and nays on any question at the request of 1/5 of the members

present5. the vote of each member of the House of Representatives in

impeachment cases matters which in the judgment of each House affect national security

shall also have to be entered in the journal but they shall be excepted from publication.

Enrolled bill theory

an enrolled bill is one duly introduced and finally passed by both Houses, authenticated by the proper officers of each, and approved by the President.

if there has been any mistake in the printing of the bill before it was certified by the officers of Congress and approved by the executive, on which we cannot speculated, without jeopardizing the principle of separation of powers and undermining one of the cornerstones of our democratic system, the remedy is by amendment or curative legislation, and not by judicial decree.

enrolled bill prevails over journal entry, except to matters, which under the Constitution, must be entered into the Journal

Neither house during 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 house shall be sitting

Without the rule of adjournment, the House can delay or hold up the work of legislation. “place” refers not to the building but the political unit where the houses may be sitting Recess – the interval between a session of Congress that has adjourn and another of

the same Congress. It does not refer to the interval between the session of one Congress and that of another. In that case the interval is not referred to as a “recess” but an adjournment sine dieo voluntary recess – takes place before the adjournment of Congress like

Christmas recesso compulsory recess – takes place when the Congress adjourns

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 election, returns, and qualification of their respective members. Each electoral tribunal shall be composed of nine members, 3 of whom shall be Justices, 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.

Composition: 9 memberso 3 Justices of the Supreme Court designated by the Chief Justice

o 6 members of the Senate or House of representatives, chosen on the basis of

proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein

Tribunals are not part of either House. They are independent constitutional creations which have the power to create their own rules and are not under the supervision or control of Congress.

Jurisdiction and power of electoral tribunalso sole judge of all contests relating to the election, returns, and qualification of their

respective memberso rule-making power

o have no jurisdiction over proclamation controversies which come under the

jurisdiction of the COMELEC, When there has been proclamation and a defeated candidate claims to be a winner, the Electoral tribunal has jurisdiction

Sec. 18

There shall be a Commission on appointments consisting of the President of the Senate, as ex-officio chairman, 12 senators and 12 members of the House of 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 Commission shall not vote, except in case of a tie. The commission shall act on all appointments submitted to it within 30 session days of the Congress from their submission. The Commission shall rule by a majority vote of all the members.

Composition: 25 memberso President of Senate acts as ex officio chairman

may not vote except in case of a tieo 12 Senators

o 12 members of the House of representatives

Powerso act on all appointments submitted to it within 30 session days of the Congress from

their submission.o providing its own rule of proceedings

for senate a political party must have at least 2 member to be entitled in one seating Commission on Appointment. Rounding off is not allowed

Contemplates that COA shall rule by majority vote of all the members, thus 10 senators would sufficiently constitute the Senate’s delegation in the COA

Sec. 19

The electoral tribunal and the Commission on appointment 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 on appointments shall meet only while the Congress 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.

2 commission are not coetaneous with Congress.

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.

Sec. 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.

limitationo rights of persons appearing in or affected by such inquiries shall be respected

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 President of the Senate or the Speaker of the House of Representatives at least 3 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.

Sec. 23

The Congress, by a vote of 2/3 of both houses in joint session assembled, voting separately, shall have the power to declare the existence of a state of war.

In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.

war – armed hostilities between two states “the sole power to declare war” changed to “the sole power to declare the

existence of a state of war”o Art. 2 sec. 2 – renouncing aggressive war as an instrument of national policy

POWERS OF CONGRESS

Classification of powers1. legislative

a. General plenary power (art. VI, sec. 1)b. Specific power of appropriation (Art VI, sec. 24)c. Taxation and expropriation (Art. VI, sec. 28);

legislative investigations (Art. VI, sec. 21) d. Question hour (Art. VI, sec. 22)

2. non legislativea. Canvass presidential elections (Art. VII, sec. 4)b. Declare the existence of a state of war (Art. VI, sec. 23)c. Delegation of emergency power (Art. VI ,sec. 23(2))d. Call special election for President and Vice President (Art. VII, sec. 10)e. Give concurrence to treaties and amnesties (Art VII, sec 19)f. Propose constitutional amendments constituent power (Art. XVIII, sec. 1 and

2)g. Confirm certain appointments (Art VII, sec.16)h. Impeach (Art. XI, sec. 2)i. Decide the disability of the President because the majority of the Cabinet

dispute his assertion that he is able to discharge his duties (Art. VII, sec. 11)j. Revoke or extend proclamation of suspension of privilege of writ of habeas

corpus or declaration of martial law (Art. VII, sec. 18)k. Power with regard to utilization of natural resources (Art. XII, sec. 2)

Limitations on the powers of Congress1. substantive

a. expresso bill of rights (Art. III)

no law shall be passed abridging freedom of speech, of expression etc. (sec. 4 )

no law shall be made respecting an establishment of religion (sec. 5) no law impairing the obligation of contracts shall be passed (sec. 10) no ex post facto law or bill of attainder shall be enacted (sec. 22 )

o on appropriation (sec 25 & 29(2))

the procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other department and agencies (sec. 25. Art. VI)

prohibition against use of public money or property for religious purpose (sec. 29(2), Art. VI)

o on taxation

no law granting any tax exemption shall be passed without the concurrence of a majority of all the Member of the Congress (sec. 28(4), Art. VI)

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 (sec. 29(3), Art. VI)

all revenues and assets of non-stock, noon-profit educational institutions used actually, directly and exclusively for educational purposes shall be exempt from taxes and duties (sec. 4(3), Art. XVI)

o on constitutional appellate jurisdiction of Supreme Court

no law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in the Constitution without its advice and concurrence (Art. VI, sec. 30)

o no law granting title of royalty or nobility shall be passed (Art. VI, sec. 31)

o no specific funds shall be appropriated or paid for use or benefit of any

religion, sect, etc. except for priest, etc. assigned to AFP, penal institutions, etc (Art. VI, sec. 29(2))

b. impliedo prohibition against irrepealable law

o non delegation of powers

2. procedurala. One subject one title ruleb. 3 readings of passage of billsc. appropriation, revenue, and tariff bills, bills authorizing increase of public

debts, bills of local application, and private bills shall originate exclusively in the House of representatives

Bill - is the draft of a proposed law - is a proposed legislative measure introduced by a member or members of Congress for enactment into law.

Steps in the passage of bill into law

1. A bill is proposed (signed by the authors and secretary of the house) to the secretary of the national assembly who will calendar the same for the first reading. It may originate from either the lower or upper house.

*except - appropriation, revenue or tariff bills, bills authorizing increase of public debt, bills of local application, and private bills, which shall originate exclusively in the House of Representatives since they are expected to be more sensitive to the local needs and problems while senate =national perspective.

2. First reading - the bills is read by its number and title only.3. Bill is referred by the speaker to the appropriate committee for study and

recommendation. The committee will hold public hearings; committee will decide whether or not to report the bill favorably. * Should there be unfavorable report, the proposed bill is dead. If favorable the bill is calendar for the 2nd reading.

4. Second reading - Bill is read in full and set for open debates for amendments.5. If bill is approved it shall be calendar for the third reading. 6. 3 days before its passage bill is printed in final form and copies are distributed to

the members of the house.7. Third reading - no amendment shall be allowed. Only the title is read and the

members (quorum- sufficient no. of members to transact its daily business) shall vote. If No wins, the proposed bill is dead, if approved it will be submitted to the other house.

8. The other house will undergo with the same process (another 3 readings on separate days). If there is no amendment, the bill is passed by the Congress and shall be submitted to the president . If the two house have defferences in amendments, it shall be settled with the bicameral conference committee. *Conference committee - is the mechanism for compromising differences between the Senate nad the House in the passage of a bill into a law. -It is within the power to include in its report an entirely new provision that is not found both house - 3 readings and no amendment rule does not apply

9. If the bill is passed it shall be submitted to the President for approval, or may veto it within 30 days after receipt. If vetoed, it shall return to the house where it originated. If approved by 2/3 it shall become a law

3 ways a bill becomes a law

1. When the President signed it2. When the president does not signed it not communicate his veto within 30 days

after its receipt3. When vetoed bill is repassed by the congress by 2/3 vote of all its members.

Parts of Statute

1. Title “one title one subject rule”

- to prevent hodgepodge or log rolling statutes, - to prevent surprise or fraud, - to apprise the people, through such publication of legislative proceedings as is

usually made, of the subjects of the legislation that are being heard thereon, by petition or otherwise if they shall so desire.

- To clarify doubt or ambiguity in the meaning and scope of a statute, and limiting a statute to only one subject and expressing it in its title will strengthen its function as an intrinsic aid to statutory construction.

How requirement of title construed – Title of bill should be liberally construed. When requirement not applicable – Requirement applies only to bills which may

thereafter be enacted into law. It does not apply to laws in force and existing at the time the 1935 Constitution took effect.

Effect of insufficiency of title – the subject matter as is not expressed therein is void, leaving the rest in force, unless the invalid provisions are inseparable from the other, in which case the nullity of the former vitiates the latter.

2. Preamble - a prefatory statement or explanation or finding of facts, reciting the purpose, reason, or occasion for making the law to which it is prefixed.

3. Enacting clause - states the authority by which the act is enacted. Philippines legislature became bicameral - “Be it enacted by the Senate and

House of Representative of the Philippines in Legislature assembled and by authority of the same.”

Commonwealth - “Be it enacted by the national assembly of the Philippines.” Later change to “Be it enacted by the Senate and House of Representatives in Congress assembled.” When the assembly became bicameral.

Batasang Pambansa - “Be it enacted by the Batasang Pambansa in session assembled.”

Presidential decrees - “NOW THEREFORE, I, ____, president of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree as follows:”

Executive Order - “Now, therefore, I, ____, hereby order:”4. Body - is that part which tells what the law is all about. (procedural provision and

substantive\parts”5. Repealing clause - part of statute which announces the prior statutes or specifies

provision which have been abrogated by reason of the enactment of the new law. * The power to declare law unconstitutional does not lie with the legislature, but with courts.

6. Saving clause - restriction in a repealing act7. Separability clause - is that part which states that if any provision of the act is

declared invalid, the remainder shall not be affected thereby.8. Effectivity clause - is the provision when the law takes effect.

Enactment of budget and appropriations law

Budget process consist of major 4 phases

1. Budget Preparation – the first step is essentially tasked upon the executive branch and covers the estimation of government revenues, the determination of budgetary priorities and activities within the constraint imposed by available revenues and by borrowing limits; and the translation of desired priorities and activities into expenditure levels

2. Budget Authorization – at this stage, Congress enters the picture and deliberate or acts on the budget proposals of the President and Congress in the exercise of its own judgment and wisdom formulates an appropriation act precisely following the process established by the Constitution, which specifies that no money may be paid from the treasury except in accordance with an appropriation made by law

3. Budget Execution – tasked on the executive. The third phase of the budget process covers the various operational aspects of budgeting.

4. Budget Accountability – the fourth phase refers to the evaluation of actual of actual performance and initially approved work targets, obligations incurred, personnel hired and work accomplished are compared with the targets set at the time the agency budgets were approved.

General appropriation bill - is a special type of legislation, whose content is limited to specified sums of money dedicated to specific purposes or a separate fiscal unit.

Restrictions in passage of budget or revenue bills subject to sec 25 of art. VI

1. Budget preparation by the President and submission to Congress.The congress may not increase the appropriations recommended by the President for the operation of the Government as specified in budget. The form, content, manner of preparation of budget shall be prescribe by law.*”power of purse” belongs to Congress, subject only to the veto power of president.

2. Each provision must relate specifically to particular appropriation.No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein.*”inappropriate provision” - any provision which is intended to amend another law.

3. Procedure in approving appropriations.The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriation for the other departments and agencies.

4. Special appropriation bill to specify purpose.A special appropriations bill shall specify the purpose for which it is intended and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein.

5. Restriction on transfer of appropriation, exception;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.

*the Senate President and the Speaker are authorized to realign savings as appropriated while individual members may determine the necessity of alignment of savings in the allocation of their operating expenses.

6. Discretionary funds requirements.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 prescribe by law.

7. Automatic re-enactment of budget.If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriation 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 the general appropriations bill is passed by the Congress.

8. President’s veto powerThe 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.*item in a bill – refers to the particulars, the details, the distinct, and several parts of the bill.*item in an appropriation bills – a specific appropriation of money, not some general provision of law, which happens to be put into an appropriation bill.

9. No public funds to be spent except by law.No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

10. No public money or property for religious purposes.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 of any priest, preacher, minister, other religious teacher, or dignitary as such except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.

11. Money for special purpose.All money collected on any tax levied for special purpose shall be treated as a special fund and paid out for such purpose only. Of the 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.

12. Highest budgetary priority to education, directoryThe State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.

Sec. 24

All appropriation, revenue, and tariff bills, bills authorizing increase of public debts, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.

kinds of appropriationo annual or general appropriations – they set aside the annual

expenses for the general operation of the government. “budget”o special or supplemental appropriation – include all appropriations not

contained in the budget. they are designed to supplement the general appropriations

o specific appropriation – one which sets aside a named sum of money

for the payment of a particular expenseo continuing appropriation – one which provides a definite sum to be

always available from year to year, without the necessity of further legislative action, for the purpose appropriated even after the original amount shall have been fully spent

Billso appropriation bill – one primary and specific purpose which is to

authorize the release of funds from the public treasuryo revenue bill – one that levies and raises funds for the government

o tariff bill – one that specifies the rates or duties to be imposed on

imported articleso bill authorizing increase of public debt – one which create public

indebtedness such as bills for the issuance of bonds and other forms of obligations

o bill of local application – one affecting purely local or municipal

concerns like one creating a city or municipality or changing its nameo private bill – one affecting private interest, such as one granting a

franchise These bills shall originate exclusively in the House of Representatives since they

are expected to be more sensitive to the local needs and problems while senate =national perspective.

Sec. 25

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.

Budget – 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.

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.

Rider – is a provision or enactment inserted in the general appropriation bill which does not relate to some particular appropriation therein

o shall have no force and effect, though it has never been passed.o to prevent the general appropriation bill from being used as a vehicle

which controversial legislative matters may be enacted into law without due consideration, but also to facilitate the enactment of such an important law thaw will set the government machinery in motion.

The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies.

provides a safeguard against the abuse or misuse by Congress of its power to appropriate

A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein.

to put an end to the legislative practice under the 1935 Constitution of passing appropriation bills without the corresponding funds

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.

to stop the practice in the past of giving the President authority to transfer funds, which in effect invested him with the legislative power to appropriate, thereby proving a loophole for violations of the appropriations act.

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.

Discretionary funds – funds appropriated by Congress for certain activities of the government to be disbursed at the discretion of certain officials

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 re-enacted and shall remain in force and effect until the general appropriations bill is passed by the Congress.

Sec. 26

Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.

“one title one subject rule” 1. to prevent hodgepodge or log rolling statutes,

Hodgepodge – 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.

2. to prevent surprise or fraud, 3. to apprise the people, through such publication of legislative proceedings as is

usually made, of the subjects of the legislation that are being heard thereon, by petition or otherwise if they shall so desire.

4. To clarify doubt or ambiguity in the meaning and scope of a statute, and limiting a statute to only one subject and expressing it in its title will strengthen its function as an intrinsic aid to statutory construction.

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 yeas and nays entered in the Journal.

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 opportunity for that purpose.

recording of yeas and nays is mandatory. It is intended to fix upon each member the responsibility for his action in legislation, and also to furnish conclusive evidence whether the bill has been passed by the requisite majority or not

Sec. 27

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 that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, 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.

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.

Bill – a draft of a law submitted to the consideration of a legislative body for its adoption

Resolution – a formal expression of opinion, will, or intent by an official body or group

o Kinds of Resolution Simple – passed for the exclusive use or purpose of either house Concurrent – passed independently in one House and ratified by

the other Joint – approved by both Houses, voting separately, in a joint

session 3 ways a bill becomes a law

o When the President signed it

o When the president does not signed it not communicate his veto within

30 days after its receipto When vetoed bill is repassed by the congress by 2/3 vote of all its

members.

Presidential veto (veto = “I forbid”)o purpose of veto

to enable the executive department to protect its integrity as an equal branch of the government and thus maintain an equilibrium of governmental powers

to provide a check on hasty, corrupt, or ill-considered legislationo General rule: if the President disapproves of a provision in a bill

approved by Congress, he should veto the entire bill. He is not allowed to veto separate parts of a bills while retaining others.

o Exemption: Item veto is allowed in the case of appropriation, revenue, and tariff bills item – particulars, the details, the distinct and severable parts of

the bill item in a revenue bill does not refer to the entire section

imposing a particular kind of tax, but rather to the subject of the tax and the tax rate

o Pocket veto – disapproval of a bill by inaction on his part Impoundment – refusal of the President to spend funds already allocated by

Congress for a specific purpose

Sec. 28

The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation.

“Uniformity in taxation” – all taxable articles or properties of the same class shall e taxed at the same rate. Different articles may be tax at different rates or amounts provided that rate is the same on the same class everywhere (geographical not intrinsic uniformity)

o the standards that are used therefor are substantial and not arbitraryo the categorization is germane to achieve the legislative purposeo the law applies, all things equal, to both present and future conditionso the classification applies equally well to all those belonging to the same

class Progressive system of taxation – a tax is progressive when the rate increases as

the tax based increases. (ex. individual income tax)o to achieve the equity objective in taxation

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.

Delegated tax legislation – Congress is authorized to delegate to the President its power to fix

o must specify the minimum as well as the maximum tariffo must be exercised within the framework of national development

program of the government

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.

the exemption only covers property taxes and not other taxes (ownership)o owner subject to income tax, even if the income is used for religious,

charitable, or educational purposes.o cemeteries – only those which are non-profit are exempt

No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress.

Sec. 29

No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

power of the purse – comprehends both the power to generate money for the government by taxation and the power to spend it.

appropriation – authorization by law that money may be paid out of the public treasury

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 of any priest, preacher, minister, other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.

for public purposes onlyo prohibition is not violated when:

payment given as compensation – is not for the benefit of the priest etc.

religious use incidental use, public in nature payment based on contract consideration received

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 a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.

Sec. 30

No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence.

the congress is free to add to or subtract from the powers of the courts except insofar as these have been fixed by the Constitution.

Sec. 31

No law granting a title of royalty or nobility shall be enacted.

consistent with the declaration that the Philippines is a democratic and republican state (Art. II, sec 1)

Sec.32

The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, 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 the registration of a petition therefor 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.

“people’s power”