1987 Constitution Legislative Department Notes

8/12/2019 1987 Constitution Legislative Department Notes

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ARTICLE IV. Legislative 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.

LEGISLATIVE POWER

- Authority to make laws and to alter or appeal them

Advantages of bi-cameralism

Body with national perspective More careful study of legislation Makes legislature less susceptible to control by the

Executive

Serves as training ground for national leadersTwo kinds of legislative power in republican systems

Original power is possessed by sovereign people Derivative power has been delegated by the sovereign

people to legislative bodies and is subordinate to theoriginal power of the people

Other ways to classify legislative power

Constituent power to amend or revise the Constitutiono People exercise this through amendatory process

Ordinary power to pass ordinary laws

o The people exercise this through initiative andreferendum

Two kinds of limits on legislative power Substantive curtail the contents of a law (ex. No law

which impairs freedom of speech may be passed)

Procedural curtail the manner of passing law*Congress may legislate on any matter, but it cannot pass

irrepealable laws.

INITIATIVE AND REFERENDUM

- Power of the people directly to propose and enact lawsor approve or reject any act or law or part thereof passed

by the Congress or local legislative body

Garcia v. Commission on Elections (September 30, 1994)

Facts:

Pambayang Kapsyahan Blg 10 of Morong, Bataan agreedfor the inclusion of the municipality of Morong as part of

the Subic Special Economic Zone

Petitioners petitioned for local initiative and/orreferendum to annul the said resolution

Vice Mayor de Leon wrote a letter to COMELECsExecutive Director to deny the petition because it will

promote divisiveness, counter-productivity, and futility

COMELEC denied petition stating that it is merely aresolution and not an ordinance

Court, however, granted the petition.Statutes Involved:


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RA 6745: Act providing for a system of initiative andreferendum and appropriating funds therefor.

RA 7160 or Local Government Code of 1991Issue: WoN Pambayang Kapasyahan Blg. 10 is the proper

subject of the initiative

Respondent: Contends that under the LGC, only anordinance can be subject of initiative

Held/Ratio: Yes. Respondents reading of the LGC is rejected.

The Constitution includes ordinances, and resolutions.

NOTE:

Three systems of initiative:

Initiative on constitution petition proposingamendments to the Constitution

Initiative on statutes petition proposing to enact anational legislation

Initiative on local legislation petition proposing to enacta regional, provincial, city, municipal, or barangay law,

resolution, or ordinance

NON-DELEGABILITY OF LEGISLATIVE POWER

Three ideas behind the non-delegability of legislative power:

Doctrine of separation of powers Concept of due process of law Delegata potestas non potest delegari - no delegated

powers can be further delegated

Theories for justification for delegating of legislative powers

unto administrative agencies:

Non-legislative body may be authoried to fill up thedetails of a statute

So Congress may pass contingent legislative which leavesanother body the business of ascertaining the facts

necessary to bring the law into actual operation

Completeness and sufficiency of standards (to determine if it

is a valid delegation)

Completeness: it must set forth a policy that is complete Standard: limits are sufficiently determinate or

determinable to which the delegate must conform in the

performance of his functions

Eastern Shipping Lines v. POEA

Facts:

Vitaliano Saco was Chief Officer of a boat when killed inTokyo, Japan

His widow sued for damages under EO 797 and MemoCiricular No. 2 of POEA

Petitioner, owner of the vessel, argues that complaintshould not have been cognizable by

Tablarin v. Gutierrez

Facts:

Petitions assail the constitutionality of RA 2382 as theBoard of Medical Education fails to establish the

necessary standard to be delegate

It was decided that the standards set for subordinatelegislation in the exercise of rule-making authority is

necessarily broad and abstract

o Mr. Justice Fernando in Edu v. Ericta: Standard may be either expressed or

implied.


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If expressed, non-delegation objection iseasily met.

It could be implied from the policy andpurpose of the act, considered as a whole--- standard doesnt need to be spelled outcompletely.

Free Telephone Workers Union v. Minister of Labor

Facts:

Petitioners assail the constitutionality of delegating theMinister of Labor the jurisdiction over labor disputes

under Blg. 130

Decided that it is not on its face unconstitutional forbeing violative of the delegation of power

Notes:

Doctrine of non-delegation has been made to adopt to thecomplexities of modern governments

Difficulty lies in the fixing of the limit and extent ofauthotiry

While the courts have created means to lay down generalprinciples, it is best to decide each case based on its

environment

A rigid application of the non-delegation doctrine wouldbe an obstacle to nationalefforts at development and

progress. Professor Jaffe: power should be delegated where there

is agreement that a task must be performed and it cannot

be effectively performed by the legislature without

assistance of a delegate or without wasting time

o Delegation commonly indicated where therelation to be regulated are highly technical or

regulation requires a course of continuous

decision

Cebu Oxygen & Acetylene Co., Inc. v. Secretary Drilon

Facts:

RA 6640 was passed directing the minimum wage rates. Sec. Drilon issued pertinent rules implementing the

provision of RA 6640

o Added Section 8, which prohibits employer fromcrediting anniversary wage increases negotiated

under a CBA against such.

Petitioner: this section is null and void because it undulyexpands provisions of the said law.

Issue: WoN an implementing order of the DOLE can provide

for a prohibition not contemplated by the law it seeks to

implement

Held: No. It is a fundamental rule that implementing rules

cannot add or detract from the provisions of law it is designed to

implement.

Tatad v. Secretary of Energy

Facts:

RA 8180 (which deregulates the downstream oilindustry) has two phases:

o Transition (August 12, 1996)o Full deregulation (February 8, 1997)

implemented through EO 372

EO by Ramos declare the full deregulation of thedownstream oil industry

Petitioners challenge the constitutionality of RA 8180and EO 392.


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o It is undue delegation, does not define when it ispracticable to recommend to the president, no

specific standard. Fails the completeness and

sufficiency of standard test.o EO advanced the date of full deregulation for it

illegally considered the depletion of the OPSF

fund as a factor.

Issue: WoN RA 8180 (Sec. 15) and EO 392 are constitutional.

Held:

1. RA 8180 - Yes. It is complete and sufficiently provides forthe standard.

2. EO 392 - No. Executive department failed to follow thestandards by RA 8180 when it considered the depletion

of OPSF fund. Executive is bereft of any right to alter

either by subtraction or addition the standards set in.

People v. Dacuycuy

RA 4670 describes a penalty, giving a range of the fine(Php100-1000) and imprisonment but with no range of

how long.

Issue: WoN the penal provision is an undue delegation of

legislative power, the duration of penalty of imprisonment left

solely to the courts discretion

Respondent: prohibition against undue delegation ofpower is concerned only with the power to make lawsand not to interpret it.

Held: Yes.

It is not for the courts to fix the term of imprisonmentwhere no points of reference have been provided by the

legislature.

When the courts are said to exercise discretion, it mustbe a mere legal discretion that is exercised in discerning

the course prescribed by law and which when discerned

is the duty of the court to follow.

Employees Confederation v. National Wages CommissionPetition: ECOP is questioning the validity of Wage Order of

the Regional Tripartite Wages and Productivity Board,

promulgated by RA 6727 (An act rationalizing wage policy

determination by establishing the mechanism and proper

standards therefore / Labor code of the Philippines, fixing new

wage rates, providing wage incentives for industrial dispersal to

the countryside and other purposes)

Which provides for new wage rates, prescribing newminimum wage rates for all regions

Facts:

Court tends to agree with the National WagesCommission

There are 2 methods for wage determination*. And, shiftfrom first to second method brought about labor disputes

arising from wage distortions, which was resolved by

grievance procedures, perceived by lawmakers as

ineffective

Usually, disputes are subjects of CBAs however it is seenthat these didnt help that much in correcting wagedistortions

Thus, RA 6727 was created to rationalize wages by:o Creation of the board to police wageso By giving the board the power to do so

Court is not convinced that this is an unlawful act oflegislation because though the Congress has the power to

fix rates, it can delegate it provided that it leaves

sufficient standards. And it did in Art. 124.

Notes (not super important to the case, but Fr. B might ask):


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2 methods of wage determination*o Floor-wage method: fixing of determinate

amount that would be added to existing minimum

wage; was adopted in earlier wage orderso Salary-ceiling method: wage adjustment is

applies to employees receiving a certain

denominated salary ceiling

Other cases

Gerochi vs. DENRo Alleged that the power delegated to regulated

electricity charging is undue delegation of power

o Court: no, because it was complete and it hasstandards

Attrition Act (RA 9335 of 1995)o BIR and BOC to give awards to those who surpass

BIR target and impose sanctions on those who fall

short

o Validity of law was challenge on the ground thatdelegation to the President the power to set

targets was invalid

o Court: law is complete and has standardsPenal rules

For administrative regulation to have the force of penallaw, necessary that such violation is made a crime by the

delegating statute PLUS the penalty, and regulation must

be published

Separation of powers in local governments

Separation of powers not strict on the level of LGUs

Local law-making bodies may be given executivefunctions.

UNDERSTAND ME AGAIN LATERSection 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 a natural-

born citizen of the Philippines and, on the day of the election,

is at least thirty-five years of age, able to read and write, aregistered voter, and a resident of the Philippines for not less

than two years immediately preceding the day of the election.

Social Justice Society v. Dangerous Drugs Board

RA 9165 and COMELEC Res. No. 6486 is being contented.This resolution prescribed rules and regulations on

mandatory drug testing of canddiates for public office.

Pimentel: this resolution illegally imposes anotherqualification on candidates for senator.

o Beyond the 5 requirements and the nuisancecandidates provisions, candidates need not

possess any other qualification/

Court: RA 9165 unconstitutional.Section 4. The term of office of the Senators shall be six years

and shall commence, unless otherwise provided by law, at


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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 ofhis service for the full term of which he was elected.

Section 5. (1) The House of Representatives 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 andprogressive ratio, and those who, as provided by law, shall be

elected through a party-list system of registered national,

regional, and sectoral parties or organizations.

(2) The party-list representatives shall constitute twentyper

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, asprovided 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 reapportionment of legislative

districts based on the standards provided in this section.

Sectoral Representation and Party-list Representation

Sectoral representation: humble gesture of extendingprotection to the interests of groups which are not

adequately attended to in normal deliberations

Party-list representation:o Not synonymous with sectoral representation;o Seeks to avoid the dilemma of choice of sectors who

constitute the members of the sectors;

o No reserved seats for sector every voter has 2 votes Other notes

o Seats should be reserved to sectoral groups (borneout of the fact that they have the inability to compete

in the political process)

o They should compete like any other party (meant tomotivate them to strentgen their organization)

o Religious sectors cannot be represented by law But a member of the religious sector may be

sector rep, but not representing said sector.

o Temporary regime of sectoral representation

Veterans Federation Party v. COMELEC

Facts:


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COMELEC allegedly violated the 4 paramters in certainresolutions

4 inviolable paramaters in determining the winners in aPhilippine-style party-list election:

o 20% allocation combined no. of all partylistcongressmen must not exceed 20% of the total

HOR, including those elected under it

o 2% threshold only parties garnering aminimum of 2% of the total valid votes cast for

the party-list are qualified to have a seat in the

HOR

o 3-seat limit: each qualified party is entitled to amax. of 3 seats one qualifying and 2 additionalseats

o Proportional representation: additional seatsshall be computed in proportion to their total

number of votes

Court: struck down the said resolutions in grave abuse ofdiscretion

o COMELECs duty is to craft rules, regulations,methods & formulas

Congress enacted RA 7941, which will promoteproportional representation in the election of reps to the

HOR and a full, free, and open party system to attain the

broadest possible representation of the HOR

Issues:

Is the 20% allocation for party-list representativesmandatory or merely a ceiling? (or should the 20% be

filled up the whole time?)

Is the 2% threshold and 3-seat limit constitutional? How should the additional seats of a qualified party be

determined (if No. 2 answer is yes)?

Ratio/Held:

On the 20% allocation mandatory to be filled up or not?o No.o While Congress is vested power to define and

prescribe tge mechanics of the party-list systemof representation, the Constitution explicitly sets

down the percentage of the total members in the

HOR.

o Re: the strict application of 2% allocation will bea mathematical impossibility, Congress has the

prerogative to change this requirement

On the 2% threshold is it unconstitutional?o No.o This law is consistent with the constitution and

essence of representation.

Three-seat per party-limit is it unconstitutional?o No.o Such three-limit ensures the enrty of various

interest-representations into the legislature; thus,

no single group, no matter how large the

membership, would dominate the party-list seats,

if not the entire House

Method of Allocating Additional Seatso Step 1. Rank all participating parties according to

the votes they obtained

Ratio of party = votes/total votes Highest votes = First Party

o Step 2. Determine no. of seats First Party isentitled to

Other parties will have less seats than theFirst Party

Ratio will always be less than 1:1 No rounding off


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Fractional membership cannot be a wholemembership

Formula for additional seats for the First Partyo

If votes without rounding off = at least 6% of totalvalid votesfirst party will get 3 seats

o If votes without rounding off = 4% < x < 6% First Part will get 2 seats

o If votes without rounding off = < 4% FirstParty will just get 1 seat

o **applicable only in determining the first partysadditional seats; cannot be used for the

remaining parties.

Formula for Additional Seats of Other Qualified Parties

Discarded suggestion:o allocate 1 seat for every additional proportion of

votes obtraned equavelnt to the 2% vote

requirement for the 1stseat

Simple and comprehensible But problematic for lopsided votes. THUS THIS SUGGESTION WAS

DISCARDED.

Ang Bagong Bayani v. COMELEC

Petition:

Challenging Omnibus Res. No. 3785, which approved theparticipation of 154 parties, challenging specifically the

qualification of respondent parties (too many to

mention!), arguing that party-list was intended to benefit

marginalized and underrerpresented not the mainstream

political parties, and non-marginalized and over-

represented

Issues, HELD and RATIO: Whether or not political parties may participate in the

party-list elections

o Yes. The purpose of the system is to open it, sothat they have a voice in the Assembly.

o Party either a political party or sectoral, orcoalition of parties.

Whether or not the party-list system is exclusive tomarginalized and underrepresented

o Though political parties may participate, it doesnot mean that any party may join.

o Rationale of the policy: Proportional representation

not about numbers, butrepresentation of MARGINALIZED

AND UNREPRESENTED, the

laborers, fisherfolks, etc.

Marginalized and underrepresented Not enough to claim

representation; have to truly

represent it.

Lack of well-defined constituency Points again with disparate

interested identified with the

marginalized and

underrepresented

o OSGs Contentions WRONG. The super rich cannot be part of

a party-list because its only for themarginalized.

No of votes of concerned party

No of votes of the First Party

x No. of additional

seats allocated tofirst party


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Notes:

Guidelines for Screening Participantso Must represent the marginalized and

underrepresented, which must be shown throughits orgs laws, history, track records, etc.o Major political parties are allowed but they must

represent the interests of the marginalized and

underrepresented

o Must not be disqualified Not a religious sect Not advocating violence Not a foreign party Not receiving support from foreign orgs Not complying with election laws Ceases to exist in 1 one year Fails to get at least 2% votes in the last 2

election

o Must not organized by the governmento Nominees must comply with lawo Nominees also represent the underrepresented

sectors

o Nominiess must be able to contribute to theformulation and enactment of laws benefitting

the nation as a whole

Ang Bagong Bayani-OFW Labor Party, et al. vs. Comelec, et al.

Aside from those validly proclaimed, are there othercandidates that should be proclaimed as winners?

Issues:

Whether or not Labo v. Comelec and Grego v. Comelec bedeemed applicable to determining the winners

Whether or not the votes cast for disqualified groups bedeductions from the total votes cast for the party-list

system

Held/Ratio: Labo and Grego not applicable.

o Ineligibility of a candidate receiving majorityvotes does not entitle the eligible candidate

receiving the next highest number of votes be

declared

o Votes cast

Documents

1987 Constitution Legislative Department Notes