ARTICLE VI THE LEGISLATIVE DEPARTMENT

Sec. 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.

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Definition of Legislative Power:

The authority to make laws and to alter or repeal
them.
Classification of legislative power: (O De CO)
Original Possessed by the people in their sovereign
capacity
Delegated Possessed by Congress and other
legislative bodies by virtue of the Constitution
Constituent The power to amend or revise the
Constitution
Ordinary The power to pass ordinary laws
Note:
The original legislative power of the people is
exercised via initiative and referendum. In this
manner, people can directly propose and enact laws,
or approve or reject any act or law passed by
Congress or a local government unit.
Limits on the legislative power of Congress:
Substantive limitations on the content of laws. E.g.
no law shall be passed establishing a state religion.
Procedural limitations on the manner of passing
laws. E.g. generally a bill must go through three
readings on three separate days.
Note:
Provided that these two limitations are not exceeded,
Congress legislative power is plenary.
Corollaries of legislative power:
Congress cannot pass irrepealable laws. Since
Congress powers are plenary, and limited only by
the Constitution, any attempt to limit the powers of
future Congresses via an irrepealable law is not
allowed.
Congress, as a general rule, cannot delegate its
legislative power. Since the people have already
delegated legislative power to Congress, the latter
cannot delegate it any further.
EXCEPTIONS:
Delegation of legislative power to local government
units;
Instances when the Constitution itself allows for such
delegation [see Art. VI Sec. 23(2)]
What may Congress delegate:
Congress can only delegate, usually to administrative
agencies, RULE-MAKING POWER or LAW
EXECUTION. This involves either of two tasks for the

administrative agencies:
Filling up the details on an otherwise complete
statute; or
Ascertaining the facts necessary to bring a
contingent law or provision into actual operation.
Sections 2-4. SENATE
Composition
24 senators who shall be elected at large by the
qualified voters of the Philippines, as may be
provided by law.
Qualifications
Natural-born citizen;
At least 35 years old on the day of election;
Able to read and write;
A registered voter; and
Philippine resident for at least 2 years immediately
preceding the day of the election.
Note: The qualifications of both Senators and
Members of the House are limited to those provided
by the Constitution. Congress cannot, by law, add or
subtract from these qualifications.
Term of Office:
6 years, commencing (unless otherwise provided by
law) at noon, 30 June next following their election.
Term Limitations:
No Senator shall serve for more than 2 consecutive
terms.
Voluntary renunciation of 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.
Sections 5-7. HOUSE OF REPRESENTATIVES
Composition:
Not more than 25 members, unless otherwise fixed
by law; and
Party-list Representative
Election of 250 members
They shall be elected from legislative districts
apportioned among the provinces, cities and the
Metropolitan Manila area.
Legislative districts are apportioned in accordance
with the number of inhabitants of each area and on
the basis of a uniform and progressive ratio.
Each district shall comprise, as far as practicable,
contiguous, compact and adjacent territory;
Each city with at least 250,000 inhabitants will be
entitled to at least one representative.
Each province will have at least one representative.
Legislative districts shall be re-apportioned by
Congress within 3 years after the return of each
census. According to Jack, however, while the
apportionment of districts is NOT a political question,
the judiciary CANNOT compel Congress to do this.
The standards used to determine the apportionment
of legislative districts is meant to prevent

gerrymandering, which is the formation of a

legislative district out of separate territories so as to
favor a particular candidate or party.
Qualifications
Natural born citizen of the Philippines;
At least 25 years old on the day of the election;
Able to read and write;
Registered voter in the district he seeks to
represent; and
A resident of such district for at least one year
immediately preceding the day of the election.
Term of Office
Each member of the House shall be elected for a
term of three (3) years which shall commence
(unless otherwise provided for by law) at noon on 30
June next following their election.
Voluntary renunciation of 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.
Term Limitations
No member of the House of Representatives shall
serve for more than three (3) consecutive terms.
Distinctions between Term and Tenure
Definition
Terms means the period during which the elected
officer is legally authorized to assume his office and
exercise the powers thereof.
Tenure is the actual period during which such officer
actually holds his position.
Limitation/Possible Reduction
Term CANNOT be reduced.
Tenure MAY, by law, be limited. Thus, a provision
which considers an elective office automatically
vacated when the holder thereof files a certificate of
candidacy for another elective office (except
President and Vice-President) is valid, as it only
affects the officers tenure and NOT his constitutional
term.
Party-List Representatives
Constitute 20% of the total number of
representatives, including those under the party-list
system (thus a maximum of 50 party-list members
of the House)
However, for 3 consecutive terms from 2 February
1987 (i.e., the 1987-92, 92-95 and 95-98 terms), 25
seats shall be allotted to sectoral representatives.
Under Art. XVIII, Sec. 7, the sectoral representatives
are to be appointed by the President until legislation
otherwise provides.
Mechanics of the party-list system:
Registered organizations submit a list of candidates
in order of priority.
During the elections, these organizations are voted
for at large.

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The number of seats that each organization gets out

of the 20% allotted to the system depends on the
number of votes they get.
Qualifications
Natural born citizen of the Philippines
At least 25 years of age on the day of the election
Able to read and write
Sec. 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.
Sec. 10. Salaries of Senators and Members of
the House
Determination of Salaries:
Salaries of Senators and Members of the House of
Representatives shall be determined by law.
Rule on increase in salaries:
No increase in their salaries shall take effect until
after the EXPIRATION OF THE FULL TERM (NOT
TENURE) OF ALL THE MEMBERS OF THE SENATE
AND THE HOUSE OF REPRESENTATIVES APPROVING
SUCH INCREASE.
Note: Since the Constitution provides for rules on
salaries and not on emoluments, our distinguished
legislators can appropriate for themselves other
sums of money such as travel allowances, as well as
other side benefits.
Sec. 11: CONGRESSIONAL IMMUNITIES
1.) Immunity from arrest:
Legislators are privileged from arrest while Congress
is in session with respect to offenses punishable by
up to 6 years of imprisonment. Thus, whether
Congress is in regular or special session, the
immunity from arrest applies.
If Congress is in recess, members thereof may be
arrested.
The immunity is only with respect to arrests and NOT
to prosecution for criminal offenses.
2.) Legislative privilege:
No member shall be questioned or held liable in any
forum other than his/her respective Congressional
body for any debate or speech in the Congress or in
any Committee thereof.
Limitation on the privilege:
(i)
Protection is only against forum other
than Congress itself. Thus for inflammatory remarks
which are otherwise privileged, a member may be
sanctioned by either the Senate or the House as the
case may be.
(ii)
The speech or debate must be made in
performance of their duties as members of
Congress. This includes speeches delivered,

statements made, votes cast, as well as bills

introduced, and other activities done in performance
of their official duties.
(iii)
Congress need NOT be in session when
the utterance is made, as long as it forms part of
legislative action, i.e. part of the deliberative and
communicative process used to participate in
legislative proceedings in consideration of proposed
legislation or with respect to other matters with
Congress jurisdiction.
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 interests. They
shall notify the House concerned of a potential
conflict of interest that may arise from the
filing of a proposed legislation of which they
are authors.

session, excluding Saturdays, Sundays, and legal

holidays.
Special Sessions:
Called by the President at any time when Congress is
not in session.
Sec. 16. Officers:
1.) Senate President;
2.) Speaker of the House; and
3.) Each House may choose such other officers as
it may deem necessary.
Election of Officers
By a majority vote of all respective members.
Quorum to do business:
Majority of each House shall constitute a quorum.
A smaller number may adjourn from day to day and
may compel the attendance of absent members.
In computing a quorum, members who are outside
the country and thus outside of each Houses
coercive jurisdiction are not included.
Sec. 13-14: CONGRESSIONAL
Internal Rules:
DISQUALIFICATIONS:
Each House shall determine its own procedural rules.
Disqualifications:
Since this is a power vested in Congress as part of
its inherent powers, under the principle of separation
of powers, the courts cannot intervene in the
DISQUALIFICATION
implementation of these rules insofar as they affect
the members of Congress.
1. Senator/Member of the House cannot hold any other office orAlso, since Congress has the power to make these
employment in the
Government or any subdivision, agency orrules, it also has the power to ignore them when
Instrumentality thereof, including GOCCS or their subsidiaries. circumstances so require.
Discipline:
1.) Suspension
2. Legislators cannot be appointed to any office.
Concurrence of 2/3 of ALL its members and
Shall not exceed 60 days.
2.) Expulsion
3. Legislators cannot personally appear as counsel before any Concurrence of 2/3 of ALL its members.
court of justice, electoral tribunal, quasi-judicial and
Congressional Journals and Records:
administrative bodies.
1.) The Journal is conclusive upon the courts.
2.) BUT an enrolled bill prevails over the contents
of the Journal.
4. Legislators cannot be financially interested directly or indirectly
3.) An enrolled bill is the official copy of approved
in any contract with or in any franchise, or special privilege
legislation and bears the certifications of the
granted by the Government, or any subdivision, agency or
presiding officers of each House. Thus where the
instrumentality thereof, including any GOCC or its subsidiary.
certifications are valid and are not withdrawn, the
contents of the enrolled bill are conclusive upon the
as regards the provision of that particular bill.
5. Legislators cannot intervene in any matter before any office courts
of
Adjournments:
the government.
1.) Neither House can adjourn for more than 3
days during the time Congress is in session without
Sec. 15: REGULAR AND SPECIAL SESSIONS
the consent of the other House.
Regular Sessions:
2.) Neither can they adjourn to any other place
1.) Congress convenes once every year on the 4th
than that where the two houses are sitting, without
Monday of July (unless otherwise provided for by
the consent of the other.
law)
Section 17: THE ELECTORAL TRIBUNAL
2.) Continues in session for as long as it sees fit,
The Senate and the House shall each have an
until 30 days before the opening of the next regular
Electoral Tribunal which shall be composed of:

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3 Supreme Court Justices to be designated by the

Chief Justice; &
6 Members of the Senate or House, as the case may
be.
The senior Justice in the Electoral Tribunal shall be its
Chairman.
Note: The congressional members of the ETs shall
be chosen on the basis of proportional representation
from the political parties and party-list organizations.
Jurisdiction:
1.) Each ET shall be the sole judge of all
CONTESTS relating to the election, returns, and
qualifications of their respective members. This
includes determining the validity or invalidity of a
proclamation declaring a particular candidate as the
winner.
2.) An election contest is one where a defeated
candidate challenges the qualification and claims for
himself the seat of a proclaimed winner.
3.) In the absence of an election contest, the ET is
without jurisdiction. However, the power of each
House to expel its own members or even to defer
their oath-taking until their qualifications are
determined may still be exercised even without an
election contest.
Issues regarding the Electoral Tribunals:
1.) Since the ETs are independent constitutional
bodies, independent even of the House from which
the members are respectively taken, neither
Congress nor the Courts may interfere with
procedural matters relating to the functions of the
ETs, such as the setting of deadlines or filing their
election contests with the respective ETs.
2.) The ETs being independent bodies, its members
may not be arbitrarily removed from their positions
in the tribunal by the parties which they represent.
Neither may they be removed for not voting
according to party lines, since they are acting
independently of Congress.
3.) The mere fact that the members of either the
Senate or the House sitting on the ET are those
which are sought to be disqualified due to the filing
of an election contest against them does not warrant
all of them from being disqualified from sitting in the
ET. The Constitution is quite clear that the ET must
act with both members from the SC and from the
Senate or the House. If all the legislator-members
of the ET were to be disqualified, the ET would not
be able to fulfill its constitutional functions.
4.) Judicial review of decisions of the ETs may be
had with the SC only insofar as the decision or
resolution was rendered without or in excess of
jurisdiction or with grave abuse of discretion
constituting denial of due process.
Section 18: THE COMMISSION ON

APPOINTMENTS
Composition:
1.) Senate President as ex-officio chairman;
2.) 12 Senators; and
3.) 12 Members of the House.
Note: The 12 Senators and 12 Representatives are
elected on the basis of proportional representation
from the political parties and party-list organizations.
Voting/Action
1.) The chairman shall only vote in case of a tie.
2.) The CA shall act on all appointments within 30
session days from their submission to Congress.
3.) The Commission shall rule by a majority vote of
all the Members.
Jurisdiction
1.) CA shall confirm the appointments by the
President with respect to the following positions:
Heads of the Executive Departments (except if it is
the Vice-President who is appointed to the post).
Ambassadors, other public ministers or consuls.
Officers of the AFP from the rank of Colonel or Naval
Captain: and
Other officers whose appointments are vested in him
by the Constitution (e.g. COMELEC members).
2.) Congress CANNOT by law prescribe that the
appointment of a person to an office created by such
law shall be subject to confirmation by the CA.
3.) Appointments extended by the President to the
above-mentioned positions while Congress is not in
session shall only be effective until disapproval by
the CA or until the next adjournment of Congress.
Meetings of the CA
1.) CA meets only while Congress is in session.
2.) Meetings are held either at the call of the
Chairman or a majority of all its members.
3.) Since the CA is also an independent
constitutional body, its rules of procedure are also
outside the scope of congressional powers as well as
that of the judiciary.
Note: The ET and the CA shall be constituted within
30 days after the Senate and the House of
Representative shall have been organized with the
election of the President and the Speaker.
Sections 21-22: LEGISLATIVE INQUIRIES
Scope:
Either House or any of their committees may conduct
inquires in aid of legislation.
In aid of legislation does not mean that there is
pending legislation regarding the subject of the
inquiry. In fact, investigation may be needed for
purposes of proposing future legislation.
If the stated purpose of the investigation is to
determine the existence of violations of the law, the
investigation is no longer in aid of legislation but in
aid of prosecution. This violates the principle of

separation of powers and is beyond the scope of

congressional powers.
Enforcement:
Since experience has shown that mere requests for
information does not usually work, Congress has the
inherent power to punish recalcitrant witnesses for
contempt, and may have them incarcerated until
such time that they agree to testify.
The continuance of such incarceration only subsists
for the lifetime, or term, of such body. Once the
body ceases to exist after its final adjournment, the
power to incarcerate ceases to exist as well. Thus,
each Congress of the House lasts for only 3 years.
But if one is incarcerated by the Senate, it is
indefinite because the Senate, with its staggered
terms, is a continuing body.
BUT, in order for a witness to be subject to this
incarceration, the primary requirement is that the
inquiry is within the scope of Congress powers. i.e.
it is in aid of legislation.
The materiality of a question is determined not by its
connection to any actually pending legislation, but by
its connection to the general scope of the inquiry.
The power to punish for contempt is inherent in
Congress and this power is sui generis. It cannot be
exercised by local government units unless they are
expressly authorized to do so.
Limitations:
The inquiry must be conducted in accordance with
the duly published rules of procedure of the House
conducting the inquiry; and
The rights of persons appearing in or affected by
such inquiries shall be respected. Ex. The right
against self-incrimination.
Appearance by department heads before
Congress:
Since members of the executive department are coequals with those of the legislative department,
under the principle of separations of powers,
department heads cannot be compelled to appear
before Congress. Neither may the department heads
impose their appearance upon Congress.
Department heads may appear before Congress in
the following instances.
Upon their own initiative, with the consent of the
President (and that of the House concerned); or
Upon the request of either House (which cannot
compel them to attend)
The appearance will be conducted in EXECUTIVE
SESSION when:
Required by the security of state or required by
public interest; and
When the President so states in writing
Sections 23-24. DECLARATION OF
WAR/EMERGENCY POWERS

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Vote requirement: (to declare the existence of

a state of war)
2/3 of both Houses, in joint session
Voting separately
Emergency powers:
During times of war or other national emergency,
Congress may, BY LAW, authorize the President to
exercise powers necessary and proper to carry out a
declared national policy.
Limitations:
Powers will be exercised for a limited period only;
and
Powers will be subject to restrictions prescribed by
Congress
Expiration of emergency powers
By resolution of Congress or
Upon the next adjournment of Congress
Sections 24-27, 30-31 LEGISLATION
Bills that must originate from the House of
Representatives (Section 24)
CODE: A R T Pu Lo P
Appropriation bills
Revenue bills
Tariff bills
Bills authorizing the increase of public debt
Bills of local application
Private bills
Note: The Senate may, however, propose or concur
with amendments.
Appropriation bills
The primary and specific aim of an appropriation bill
is to appropriate a sum of money from the public
treasury.
Thus, a bill enacting the budget is an appropriations
bill.
BUT: A bill creating a new office, and appropriating
funds therefor is NOT an appropriation bill.
Revenue Bill
A revenue bill is one specifically designed to raise
money or revenue through imposition or levy.
Thus, a bill introducing a new tax is a revenue bill,
but a provision in, for instance, the Videogram
Regulatory Board law imposing a tax on video rentals
does not make the law a revenue bill.
Bills of local application
A bill of local application, such as one asking for the
conversion of a municipality into a city, is deemed to
have originated from the House provided that the bill
of the House was filed prior to the filing of the bill in
the Senate even if, in the end, the Senate approved
its own version.
Limitations:
For appropriation bills:
Congress cannot increase the appropriations
recommended by the President for the operation of

the Government as specified in the budget.

Each provision or enactment in the General
Appropriations Bill must relate specifically to some
particular appropriation therein and any such
provision or enactment must be limited in its
operation to the appropriation to which it relates.
The procedure in approving appropriations for
Congress shall strictly follow the procedure for
approving appropriations for other departments and
agencies.
A special appropriations bill must specify the purpose
for which it is intended and must be supported by
funds actually available as certified by the National
Treasurer or to be raised by a corresponding revenue
proposal therein.
Transfer of appropriations:
Rule: No law shall be passed authorizing any
transfer of appropriations
BUT the following 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

President

President of the Senate

Speaker of the House of Representatives

Chief of Justice of the Supreme Court

Heads of the Constitutional Commissions

Discretionary funds appropriated for particular
officials shall be:
Disbursed only for public purposes;
Should be supported by appropriate vouchers; and
Subject to guidelines as may be prescribed by law.
If Congress fails to pass General Appropriations Bill
(GAB) by the end of any fiscal year:
i. The GAB for the previous year is deemed
reenacted
ii. It will remain in full force and effect until the GAB
is passed by Congress.
For law granting tax exemption
It should be passed with the concurrence of a
MAJORITY of ALL the members of Congress.
For bills in general
Every bill shall embrace only one (1) subject, as
expressed in the title thereof
i.
As a mandatory requirement
ii.
The title does not have to be a complete
catalogue of everything stated in the bill. It is
sufficient if the title expresses the general subject of
the bill and all the provisions of the statute are
germane to that general subject.
iii.
A bill which repeals legislation regarding the
subject matter need not state in the title that it is
repealing the latter. Thus, a repealing clause in the
bill is considered germane to the subject matter of
the bill.

Readings
In order to become a law, each bill must pass three
(3) readings in both Houses.
General rule: Each reading shall be held on separate
days & printed copies thereof in its final form shall be
distributed to its Members three (3) days before its
passage.
Exception: If a bill is certified as urgent by the
President as to the necessity of its immediate
enactment to meet a public calamity or emergency,
the 3 readings can be held on the same day.
First reading only the title is read; the bill is passed
to the proper committee
Second reading Entire text is read and debates are
held, and amendments introduced.
Third reading only the title is read, no amendments
are allowed. Vote shall be taken immediately
thereafter and the yeas and nays entered in the
journal.
Veto power of President:
Every bill, in order to become a law, must be
presented to and signed by the President.
If the President does not approve of the bill, he shall
veto the same and return it with his objections to the
House from which it originated. The House shall
enter the objections in the Journal and proceed to
reconsider it.
The President must communicate his decision to veto
within 30 days from the date of receipt thereof. If he
fails to do so, the bill shall become a law as if he
signed it.
This rule eliminates the pocket veto whereby the
President would simply refuse to act on the bill.
To OVERRIDE the veto, at least 2/3 of ALL the
members of each House must agree to pass the bill.
In such case, the veto is overriden and becomes a
law without need of presidential approval.
Item veto
The President may veto particular items in an
appropriation, revenue or tariff bill.
This veto will not affect items to which he does not
object.
Definition of item
TYPE OF BILL
ITEM
1. Revenue/tax bill
Subject of the tax
and the tax rate imposed thereon
2. Appropriations bill
Indivisible sum
dedicated to a stated purpose
Veto of RIDER
A rider is a provision which does not relate to a
particular appropriation stated in the bill.
Since it is an invalid provision under Section 25(2),
the President may veto it as an item.

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Specific limitations on legislation

No law shall be enacted increasing the Supreme
Courts appellate jurisdiction without the SCs advice
and concurrence.
No law shall be enacted granting titles of royalty or
nobility.
Section 28. POWER TO TAX
Limitations:
1)
The rule of taxation should be UNIFORM
2)
It should be EQUITABLE
3)
Congress should evolve a PROGRESSIVE
system of taxation.
4)
The power to tax must be exercised for a
public purpose because the power exists for the
general welfare
5)
The due process and equal protection clauses
of the Constitution should be observed.
Delegation of power to fix rates
1)
Congress may, BY LAW, authorize the
President to fix the following:
a)
Tariff rates
b)
Import and Export Quotas
c)
Tonnage and wharfage dues
d)
Other duties and imposts
Within the framework of the national development
program of the Government
2)
The exercise of such power by the President
shall be within the specified limits fixed by Congress
and subject to such limitations and restrictions as it
may impose.
Constitutional tax exemptions:
1)
The following properties are exempt from
REAL PROPERTY taxes
(CODE: Cha Chu M- CA)
a)
Charitable institutions

b)
Churches, and parsonages or convents
appurtenant thereto
c)
Mosques
d)
Non-profit cemeteries; and
e)
All lands, buildings and improvements actually,
directly and exclusively used for religious, charitable,
or educational purposes.
2)
All revenues and assets of NON-STOCK NONPROFIT EDUCATIONAL institutions are exempt from
taxes and duties PROVIDED that such revenues and
assets are actually, directly and exclusively used for
educational purposes. (Art. XIV Sec 4 (3))
3)
Grants, endowments, donations or
contributions used actually, directly and exclusively
for educational purposes shall be exempt from tax.
This is subject to conditions prescribed by law. (Art.
XIV. Sec 4 (4))
Section 29. Power of the Purse
1)
No money shall be paid out of the National
Treasury EXCEPT in pursuance of an appropriation
made by law.
a)
This places the control of public funds in the
hands of Congress.
b)
BUT: This rule does not prohibit continuing
appropriations. e.g. for debt servicing. This is
because the rule does not require yearly, or annual
appropriation.
2)
Limitations.
a)
Appropriations must be for a PUBLIC PURPOSE
b)
Cannot appropriate public funds or property,
directly or indirectly, in favor of
(i)
Any sect, church, denomination, or
sectarian institution or system of religion or
(ii)
Any priest, preacher, minister, or other
religious teacher or dignitary as such.

EXCEPT if the priest, etc is assigned to:

the Armed Forces; or

any penal institution; or

government orphanage; or

leprosarium
c)
BUT the government is not prohibited from
appropriating money for a valid secular purpose,
even if it incidentally benefits a religion, e.g.
appropriations for a national police force is valid even
if the police also protects the safety of clergymen.
d)
ALSO, the temporary use of public property for
religious purposes is valid, as long as the property is
available for all religions
3)
Special Funds
a)
Money collected on a tax levied for a special
purpose shall be treated as a special fund and paid
out for such purpose only.
b)
Once the special purpose is fulfilled or
abandoned, any balance shall be transferred to the
general funds of the Government
Section 32. INITIATIVE AND REFERENDUM
1)
Through the system of initiative and
referendum, 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.
2)
Required Petition
a)
Should be signed by at least 10% of the total
number of registered voters
b)
Every legislative district should be represented
by at least 3% of the registered voters
c)
Petition should be registered