Article 6

The legislative power is not limited to law making, it includes: • 1. original vs delegated Original legislative power ‐ power residing in the people, through the process of initiative and referendum Delegated ‐ given by the source (the people) delegated to Congress 2. ordinary vs constituent Ordinary ‐ exercise of the delegated power of the Congress to pass laws Constituent ‐ power of Congress to amend or revise the Constitution, acting as a Constituent Assembly thru 3/4 votes of all members; and if they are undecided, they can call for a Constitutional Convention needing 2/3 votes; the people's referendum can also be called needing majority votes The power of Congress to make laws is not absolute. Although it is plenary (ie. it can be exercised by Congress anytime), there are thoseexceptions, like those prescribed by the Constitution itself, or other laws, otherwise known also as substantivedelegation, which are procedural limitations. Eg. Congress can make laws as long as it is not contrary to the rights of the people; or bills must pass through 3 readings; or that a bill be both approved by majority of the two houses; Congress cannot pass ex post facto laws or bills of attainder. • 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. Bicameral Congress ‐ is composed of two houses, the Senate and Representatives. But in the past, under the 1935 Constitution, weonly had a unicameral legislative body known as the National Assembly but it was amended in 1946 to change to bicameral. But when Marcos took over, he changed again the legislature to unicameral known as the interim BatasangPambansa. It was retained under the 1973 Constitution in the name of interim National Assembly. Under the 1987 Constitution, it was bicameral. • Unicameral Legislature Bicameral Legislature One house 1. Two houses 1. Fewer membership (max of 200) 2. More membership (250 Reps + 24 2. Senate) Less expensive to maintain 3. More expensive 3. Easy to control esp. with a tyrant 4. President, since there is no fiscalizer (proneto collusion) ‐ this is what happened during Marcos' term, the BP became his stamping pad Difficult to control 4. RA 6735, People's Initiative and Referendum Act, provides the procedures on how the original power can be exercised. • Section 2. The Senateshall be composed of twenty‐four Senators who shallbeelected at large by the qualified voters of the Philippines, as may be provided by law. What can be provided by law here is the manner of electing the Senators ‐ may it be as it is today, or could state that each region should be represented by at least one. The membership is fixed by the Constitution. • 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‐fiveyears of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election. Former natural born citizens who become again natural born citizens by virtue of RA 9225, should they run for senate and for congress, they must have the other qualifications as well provided by law. On citizenship, the reacquisition there is on the assumption of office, not on the date of election. For as long as he regained citizenship before he assumed office, which commences on the noon time of the 30th day of June following the election. Of course he must have the requirement of residency of 2 years immediately preceding the election, and other qualifications. • Section 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Senatorshallserve formore than two consecutiveterms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term of which he was elected. Section 5. (1) The Houseof Representatives shallbe composed of notmorethan two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned amongthe provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressiveratio, and thosewho, as provided by law, shall be elected through a partylist system of registered national, regional, and sectoralparties or organizations. (2) The partylist representatives shallconstitute twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one‐half of the seats allocated to partylist representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous culturalcommunities, 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 threeyears following thereturn of every census, theCongress shallmake a reapportionment of legislative districts based on the standards provided in this section. It is a legislative function. The membership will depend on PROPORTIONATE REPRESENTATION which is determined every after 3 years as a result of a census being conducted. • The pre‐proclamation cases or matters relating to preparation, translation, receipt, custody and appreciation of election returns or certificates of canvass are prohibited. IOW there is no pre‐proclamation contest. • Affectingcomposition 1. Proceeding with the board of canvassers 2. Determining of the authenticity and the due execution of the certificates of canvass as provided RA 7166 as amended by 369 3. But if there is a manifest error in the election return, Comelec takes cognizance in matters like: • GR: Insofar as the exercise of the power of congress is concerned, it is virtually plenary, absolute, no limitations. • SUBSTANTIVELIMITATION ‐ e.g. matters relating to the constitutionalrights of individuals must not be violated in the enactment of laws 1. PROCEDURAL LIMITATION ‐ e.g. no bill shall become a law unless it is signed by the president and has passed through 3 readings. 2. X: Those limitations provided by the constitution or substantiveand procedural limitations. Derivative laws ‐ as exercised by congress, delegated upon election 1. Original laws ‐ from the people themselves 2. Kinds of law: • President ‐ It is part of the executive’s rule making authority in implementing and executing constitutionalor statutory powers. There are constitutional powers vested in the executive branch that are self executing. The president can also make rules having the force and effect as part of his ordinance power. However, he cannot make rules without a statute or constitutional provision as basis. There has to be a law authorizing him to exercise the power. 1. Administrative bodies 2. Sema vs Comelec, July 16, 2008 Congress cannot validly delegate to ARMM (they have autonomous act to pass laws provided they do not affect national laws, and are applicable only to the autonomous region). This has something to do with creation of districts in the autonomous regions by consolidating the places in Cotabato to be part of ARMM. This affects the national affairs. To consolidate cities to be part of ARMM and to create legislative districts, would result to increase in membership in congress, which is national in character. SC said that congress cannot validly delegate to the ARMM regional assembly, the power to create legislative districts, the power to increase the allowable membership of the house of representatives and to reapportion legislative districts is vested in congress. The other point is, it affects the national affairs. So the law creating new legislative districts in ARMM is unconstitutional. Montejo vs Comelec In relation to the creation of Biliran as a province, separate from the province of Leyte affecting therefore the apportionment of municipality constituting the legislative district in the province of Leyte. It was the Comelec that apportioned these municipalities. They were transferred to other districts in order to balance the number of voters according to particular district. It was declared unconstitutionalby SC and complained of by Montejo, a candidate in the 2nd district of Leyte. SC said that the Comelec does not have the authority. The power is vested with congress because the apportionment of legislative districts is primarily a legislative function. In fact there are cities that are created by law that are considered a legislative district. No cities will be considered as such without legislative enactment. Local governments ‐ Ordinance‐making by the Sanggunians in the Province, City and Municipality 3. People at large 4. DELEGATION OF POWERS to the • Representatives from the legislative districts 1. Representatives from partylist system ‐ As provided for by RA 7941, could be a political, national party or sectoral party, representing the marginalized group. They represent the group that is less represented in our sector of society. 2. The law says they would comprise 20% of the total members of the houseof reps., i.e. at least 50 = 20% of 250 members (But to date, it is pegged at a maximum of 55 seats) The Comelec accredits the partylist. However, it may remove/cancel on any of the following grounds, among others: a. it is a religious sect b. it advocates violence or unlawful means to seek its goal c. it is receiving support from any foreign govt, party, org etc. d. supporter of violent or illegal group e. it violates or fails to comply with laws, rules and regulations relating to elections Members of the lower houseare: • Banat vs Comelec, Apr 21, 2009 • The parties shall be ranked from highest to lowest, and those receiving at least 2% of the total votes cast for the partylist system shall be guaranteed one seat. However, the 2% requirement forthe additional seats is unconstitutional, thus the allocation should be based on the percentage of each party's votes multiplied by the remaining number of seats, still giving priority to the first in ranks, and so forth until the seats are all occupied. But in no case shall any partylist occupy more than 3 seats. Ladlad Partylist Case • The partylist was refused accreditation because they it is immoral. At first it was denied of membership because there was no proof that they represent a marginalized group, which was the requisite. The SC ruled that Ang Ladlad, an organization composed of men and women who identify themselves as lesbians, gays, bisexuals, or transgender individuals (LGBTs), has satisfied the exacting standards that the "marginalized and underrepresented sector must demonstrate (1) past subordination or discrimination suffered by the group; (2) an immutable or distinguishing characteristic, attribute or experience that define them as a discreet group; and (3) present political and/or economic powerlessness. Ang Ladlad has shown that the LGBT sector has been historically disadvantaged and discriminated against because of negative public perception, and has even alleged acts of violence perpetrated against members of the LGBT community by reason of their sexual orientation and gender identity. Another reason also is the separation of the Church and state, there should be no concept of morality or religion, nor any mention of the bible as basis. Aldava vs Comelec • This is the creation of the City of Malolos as a highly urbanized city in order to be considered a legislative district. Their basis was a projected population of 250,000, not actual but projected. The SC ruled that the city of Malolos is not qualified to have legislative district of its own under Sec. 5, Par. 3, Art. 6 of the Constitution. It has to be actual beforethe election, not just projected. Dinagat Province Case • There was a question on whether it should be considered as one legislative district for lack of the requirement on population. That is of no moment if it is a province. But if it is a city it has to be no less than 250,000 population in order to have at least one legislative district. Atong Paglaum Inc. vs Comelec • Jdjd d Section 6. No person shall be a Member of the House of Representatives unless he is a natural‐ born citizen of the Philippines and, on the day of the election, is at least twenty five years of age, able to read and write, and, except the partylist representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election. GR: At least 25 years old on the day of election. • X: Those partylist representatives representing the Youth sector shall be at most 30 years old during the term of office. The Partylist reps need not be a resident of the place of establishment of the organization, as long as he lives within the Philippines for at least 1 year prior to election. They must also be bona fide members of the organization for at least 90 days prior to election. • The partylist must not havehad a change in political or party affiliation within 6 months prior to election. • Section 7. The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law,at noon on the thirtieth day of June next following their election. No Member of the House of Representatives shallservefor morethan three consecutiveterms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Section 8. Unless otherwise provided by law, the regular election of the Senators and the Members of the Houseof Representatives shallbe held on the second Monday of May. Section 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term. The Senate shall be a continuing body, with only 12 Senators being elected every 3 years, serving a term of 6 years. • Regular 1. Special ‐ This happens in the event a vacancy occurs in the House of Senate or in the House of Representatives. But the calling for a special election is discretionary on the house concerned. It is governed by RA 6645. But such elected member of the House will only serve for the unexpired term of his predecessor. However, no special election will be conducted if the vacancy occurs less than 18 months before the next election. They will just have to wait for the next election, or 1 year in the house of representatives, because it is very expensive to hold a special election. 2. Election: • Section 10. The salaries of Senators and Members of theHouseof Representatives shallbe determined by law. No increasein said compensation shalltakeeffect until afterthe expiration of the full term of all the Members of Senate and the House of Representatives approvingsuch increase. If it is a decrease of the salary, it would be effective immediately. However, this would not include allowances, as the two are different. • Section 11. A Senator or Member of the House of Representatives shall, in all offenses punishableby not morethan six years imprisonment, beprivileged from arrest while the Congress is in session. No Member shall be questioned nor be held liable in any otherplace forany speech ordebatein theCongress orin any committeethereof. PERKS OF CONGRESS: CONGRESSIONALIMMUNITIES • Freedom of speech‐ means that one cannot be sued for civil damages or libel or slander. Whatever statements he made, while the congress is in session, if it is relation to the matter that is the subject to discussion, he is immune from any suit relating to his speeches so that he can discuss and debate with anyonefor any issues relevant subject to legislative enactment. However, this does not include disorderly behavior. Immunity is limited only to civil and criminal liability. But not administrative liability. This extends to committee hearings and even agents of the legislators in their reports. It is not only limited to oral utterances. Anything that is communicativein nature is included in the immunity 1. Freedom from arrest ‐ immunity from arrest for offenses punishableby not more than 6 years imprisonment. For as long as congress is in session, whether or not the member is actually attending the session, he is immune from arrest. TN that in some cases, this is a privilege and a way of an exception only when one is allowed to enjoy this immunity without any condition or is absolute. 2. Jalosjos case Jalosjos was convicted and was confirmed by SC. Then he was elected as a congressman. He said that such election tantamount to the people condoning his crime. He wanted to be escorted by the jail guards in order for him to attend the session in congress. He said that being a congressman, he is practically exonerated by his election to the office. He said also that by PARLIAMENTARYIMMUNITYwhich is the freedom from arrest and detention, being a member, he should enjoy that privilege. SC said, the history of that provision granting senators and congressman immunity from arrest and detention shows that the privilege has always been granted in a restrictive sense. There cannot be a preference to congressman, otherwise there will be a violation of equal protection clause in the enforcement of the criminal laws. Trillanes vs Pimentel Trillanes insisted that he still had the presumption of innocence. He is not like Jalosjos who has been convicted. His case was still pending however it was not bailable, as he is charged with coup d’etat. SC said that there is no distinction between the two cases. The presumption of innocence include the enjoyment of privileges and rights provided by law. So SC said, the presumption of innocence does not carry with it the full enjoyment of civil and political rights. Following the equal protection of laws, this immunity from arrest and detention cannot be availed of by the senator. There are only two legislative immunities: Section 12. All Members of theSenateand the Houseof Representatives shall, upon assumption of office, makea full disclosureof their financialand 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. Section 13. No Senatoror Memberof the Houseof Representatives may hold any otherofficeor employmentin the Government, orany subdivision, agency, orinstrumentality 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. Section 14. No Senatoror Memberof the Houseof Representatives may personally appearas counselbeforeany courtof justiceor beforethe Electoral Tribunals, or quasijudicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege gr anted by the Government, or any subdivision, agency, or instrumentality thereof, including any government‐‐owned orcontrolled corporation, orits subsidiary, during his term of office. He shallnot intervenein any matter beforeany officeof the Government for his pecuniary benefit or where he may be called upon to act on account of his office. You cannot be appointed to other positions of the government. Unless you resign. If you are appointed to an office that is inconsistent to being member of congress, you are considered to have forfeited your seat. But in other cases, like forbidden appointments, if you are responsible for the creation of that office, or increase in its salary or allowances, you cannot be appointed to that office, even if you resign. 1. Liban vs Gordon, Jul 15, 2009 Gordon is also a chairman of Red Cross. There was a question on his appointment that he should vacate his position as senator having been appointed. SC said, Gordon did not relinquish his senatorial post despite his election to and acceptance of the post of chairman of the Philippine Red Cross. Because PNRC is a private organization merely performing a public function. PNRC chairman is not a government official or employee. Not being a government office, the PNRC chairmanship may be held by any individual including a senator, or a member of the houseof congress. PNRC is autonomous, neutraland independent from the Philippine government. it is a voluntary organization that does not have government assets and does not receive any appropriation from congress. Gordon may serve as chairman without giving up his position. Appearing as counsel before any court of office, electoral tribunal, quasi‐ judicial and administrative bodies. Any court of justice includes appellate courts. The prohibition is only against personal appearance. This does not include consultation and signing pleadings in cases pending any courts of justice. 2. Becoming financially interested in any contracts of government 3. One cannot intervene in any matter before any office of the government This is part of transparency and public disclosure. 4. Prohibitions: • Section 15. The Congress shallconveneonceevery year on the fourth Monday of July forits regular session, unless a different date is fixed by law, and shall con tinue to be in session forsuch numberof days as it may determineuntil thirty days beforethe opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at any time. Section 16. (1) The Senateshallelect its President and the House of Representatives, its Speaker, by a majority vote of all its respective Members. Each House shall choose such other officers as it may deem necessary. (2) A majority of each Houseshall constitutea quorum to do business, but a smaller numbermay adjourn from day to day and may compeltheattendanceof absent Members in such manner, and undersuch penalties, as such Housemay provide. (3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two‐thirds of all its Members, suspend orexpel a Member. A penalty of suspension, when imposed, shallnot exceed sixty days. (4) Each Houseshall keep a Journalof its proceedings, and from timeto time publish the same, excepting such parts as may, in its judgment, affect nationalsecurity; and the yeas and nays on any question shall, at therequest of one‐fifth of theMembers present, be entered in the Journal. Each House shall also keep a Record of its proceedings. (5) NeitherHouseduring the sessions of the Congress shall, withouttheconsentof the other, adjourn formorethan threedays, norto any other placethan that in which the two Houses shall be sitting. Quorum = 50% + 1. However, it has to be based on the coercive power of the house concerned, where the house has the power to compel the member to attend the session even if he is sick. E.g. You have 24 members in the house of the senate. One of whom is in the hospital and one is on vacation abroad. The quorum then is 23. A quorum is not based on the total membership but to the members who may be coerced or compelled to attend the session. That includes the one in the hospital because he can still be coerced in a stretcher. But for one who is abroad, he will not be considered. Because even if congress wants to and issue a warrant of arrest, our warrant is nothing abroad because congress has no authority outside our territory. A majority vote of the quorum is needed to pass a law. • SHIFTINGMAJORITYPRINCIPLE: • As the attendance increases, that starts with the quorum, there is also an increased number of majority in the passing of the law. It is possiblethat at the start, there were 13 present. And therefore, all that is needed to approve the law is majority of 13. But in the course of the session, other members arrived and we have now 20, then the majority required to approve a legislative enactment will also increase. The discipline of the members of the congress is exclusive to the houseconcerned. 2/3 votes of the members for the houseconcerned is needed to expel a member. There is only one ground, that is disorderly behavior, unlike in impeachment where there are 6 grounds. The definition if disorderly behavior is discretionary in congress. • GR: This is not subject to review by courts. X: When it is under judicial review. Suspension ‐ maximum of 60 days 1. Expulsion 2. Penalties could be: • Section 17. The Senateand the Houseof Representatives shalleach havean Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunalshall be composed of nineMembers, threeof whom shall be Justices of the SupremeCourt to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportionalrepresentation from thepoliticalparties and theparties or organizations registered under the partylist system represented therein. The senior Justice in the Electoral Tribunalshall be its Chairman. Section 18. There shall be a the Senate, as ex officio Commission on Appointments consisting of the Presidentof Chairman, twelveSenators, and twelveMembers of theHouseof Representatives, elected by each House on the basis of proportionalrepresentation from the political parties and parties or organizations registered under the partylist system represented therein. The chairman of the Commission shallnot vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of theCongress from theirsubmission. TheCommission shallrule by a majority vote of all the Members. Section 19. The Electoral Tribunals and the Commission on Appointments shallbeconstituted within thirty days afterthe Senateand the Houseof Representatives shallhavebeen organized with the election of the President and the Speaker. The Commission on Appointments shallmeet only while the Congress is in session, at the call of its Chairman ora majority of all its Members, to dischargesuch powers and functions as are herein conferred upon it. SET ‐ Senate Electoral Tribunal a. HRET ‐ House of Representatives Electoral Tribunal b. Proportionalrepresentation, e.g. You have two senators from the Liberal party, so 2/24 x 6 = number of representation in the tribunal c. Despite the pendency of a disqualification case, if the candidate was elected but no proclamation has been made yet, it is still within the jurisdiction of Comelec. However, if there has been a proclamation already, then the protestant should file a quo warranto proceeding in the Electoral Tribunal. A protestant is the defeated candidate against the winning candidate who has been proclaimed and had assumed office as a member of congress. d. Codillavs De Venecia Codilla was accused of an election offense. Despite the resolution of the division of Comelec disqualifying him, he won the election. Because of the disqualification, his votes were not counted and his rival was proclaimed as the duly elected. However, while the election was on going, he was able to file his appeal seasonably with the Comelec en banc and the decision was reversed. Codilla went to the Speaker of the House, de Venecia to ask him to let him assume office because he was the duly elected representative of Leyte per resolution of the Comelec en banc. De Venecia told him to file his Quo Warranto proceedings in HRET because Locsin has already been proclaimed as a member of the house. However, the SC ruled otherwise, because the proclamation of Locsin was premature. There was an appeal seasonably filed, therefore, the Comelec was never divested of his jurisdiction over the disqualification case. Since the proclamation is invalid, it is as if no member has been proclaimed as such. So it should have been the Comelec to recognize that he is a member, no need to file a Quo Warranto proceedings. Limkaichong case She ran as congressman in Negros Oriental. A disqualification case ensued against. Pending its resolution, the Comelec, in the exercise of its quasi‐legislative function, pronounced thru a resolution that all those who have won the election without prejudice to the pendency of disqualification case should be proclaimed as the duly elected candidate. Limkaichong having won in the election, was proclaimed. Paras, the protestee went to the SC since the disqualification case was dismissed (see Citizenship notes). Comelec said they were divested of the jurisdiction having proclaimed her already. Paras' recourse would be to the HRET. Zubiri vs Comelec Pimentel went to SC and asked for an injunction to stop the proclamation of Zubiri because he wanted to get the tainted election returns from the ARMM. Then Zubiri was proclaimed as duly elected senator. SC said hat they do not have jurisdiction on the matter anymore because the matter of determining election contest relating to election returns in qualification is exclusive to the electoral tribunal. In which case, it is with the SET. It is not a matter of administrative proceedings. It is the SET which has exclusive jurisdiction to act on the complaint of Pimentel involving as it does a contest relating to the election of Zubiri, now a member of the senate. (Trivia: In the 2007 elections, Zubiri outvoted Pimentel by 21,519, attributable to the former's heavy win in Maguindanao. Zubiri resigned on Aug 3, 2011, weeks after ARMM Gov Ampatuan and the Election supervisor revealed the election irregularities. A week later, SET proclaimed Pimentel as the 12th senator in the 2007 elections.) GR: The Electoral Tribunal's decision is final and executory, and subject to NO appeal. e. X: When there is abuse of discretion amounting to lack or in excess of jurisdiction, in which case the SC can intervene. Electoral Tribunal 1. Heads of executive department i. Members of AFP From Captain to Corporal in the navy or Colonel to General in the ARMY ii. Comelec commissioner □ COA commissioner □ Civil service commissioner □ Regular members of the Judicial and Bar Council □ Officers whoseappointment are vested in the president by the constitution iii. Ambassadors, consuls and other public ministers iv. To act on the appointments of the ff: a. Temporary/ in acting capacity i. Pres nominates the appointee, submits this to the CA □ CA can approve, appointment takes effect or □ CA can disapprove, Pres barred from nominating the same candidate or □ CA ignores, after 30days, appointment is bypassed, no categorical disapproval, so Pres can nominate the same appointee □ Permanent/ official seat ii. Recess appointment ‐ effectively immediately upon qualification of appointee; permanent; valid until disapproved by the CA upon resumption of session (until next adjournment of session ‐ expiration of term) iii. Appointment could either be: b. Commission on Appointments 2. Adjunct offices considered as extensions of Congress are: • Section 20. The records and books of accounts of theCongress shallbe preserved and beopen to thepublic in accordancewith law, and such books shallbe audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member. All the yeas and nays of votes in bills 1. Veto message of the President 2. Vote on the veto of the President 3. All the yeas and nays requested by 1/5 of the members of the house to be entered in the journal 4. Journal ‐ transcript of proceedings; record in verbatim; conclusive proof with regards to its contents • Enrolled/ Engrossed bill ‐ conclusive proof of due enactment of bills • Journal < Enrolled bill, in case of conflict • US vs Pons This about the substances. One, as regards to the conclusiveness of the journal, and the another one is the conclusiveness of the enrolled bill. This has something to do with the time when the bill was passed because there was an allegation that the bill was signed after the term of office. But it was stated in the journal that it was passed before 12 midnight. So which of the two will prevail as far as the court is concerned? It should be the journalbecause according to the SC, the memory of man may fail but definitely not that what was recorded in the journal. Morales vs Subido The enrolled bill uses the term 'urea formaldehyde' instead of what the legislature really intended 'urea and formaldehyde'. The enrolled bill is conclusive upon the courts as regards the tenor of the measure passed by Congress 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, the remedy is by amendment or curative legislation, not by judicial decree. Section 21. The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. Therights of persons appearing in, oraffected by, such inquiries shallbe respected. Section 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 ru les of each House shall provide, appearbeforeand beheard by such House on any matterpertaining to their departments. Written questions shallbe submitted to the President of the Senateor the Speakerof theHouseof Representatives atleast threedays before their scheduled appearance. Interpellations shallnot 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 sh all be conducted in executive session. Legislative Inquiry ‐ in aid of legislation 1. ‐ an expert or resource person is invited to shed light or give information/ knowledge of what could be made into a law ‐ power of Congress to be effective in law‐making ‐ Neri vs (Proximity test) ‐ executive privilege, as defined by the SC rulings only ‐ only the President or his Exec Secretary can invoke Executive Privilege, all others can be compelled to attend (Cabinet members are compelled to attend even without the consent of the President) ‐ sub judice rule ‐ anyonecannot make comments on any case pending in court, forit may influence the decision of the Court ‐ rules of proceedings must be published Question Hour ‐ getting info from the Cabinet members, with the consent of the President; part of oversight function of Congress 2. ‐ Congress may refuse the request of the Cabinet members for the latter to appear in a Question Hour Extrinsic Aids • Section 23. (1) The Congress, by a voteof two‐thirds of both Houses in joint session assembled, voting separately, shallhave the sole power to declare the existence of a state of war. (2) In times of war or othernationalemergency, theCongress 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 nationalpolicy. Unless soonerwithdrawn by resolution of the Congress, such powersshallcease upon thenext adjournmentthereof. Section 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills, shall originate exclusively in the House of Representatives, buttheSenatemay proposeorconcurwith amendments Calendaring by the Secretary of the House for first reading, only title is read 1. Assignment to proper Committee (could be laid on the table if the Committee doesn't like) 2. Submission in the plenary session for second reading, reading of title with the complete provisions 3. Debate and discussions 4. Printing 5. Third reading and voting 6. Law‐making process • This process could be done simultaneously in the two houses or one after the other. In case of conflict, this will be sorted by the Bicameral Committee. • One subject‐onetitle rule • Must undergo three readings on separate days, unless it is certified urgent by the President. Printing my be dispensed with, but never the three readings. • GR: The President has to veto the bill in its entirety. • X: He can veto only certain provisions if they are in appropriation bills, revenue bills, tariff bills; or inappropriate provisions General Appropriation a. Special ‐ source of revenue and the public purposemust be specified b. Limitations: Prohibition of transfer from one classification to another (juggling of funds), unless there are savings (supplementalbudget) then the insufficiency of the funds could be augmented. Appropriation is discretionary upon the Congress, but they cannot reduce the previous year's budget of the SC. c. Suplico vs Romulo In ZTE scandal, they borrowed money to be placed to the general fund for a public purpose. Instead of placing it to the general fund, they applied the proceeds of the loan directly for the purposewhich is was made. SC declared such disbursement without the corresponding appropriation by Congress as unconstitutional. Appropriation bills ‐ based on the budget submitted by the Pres. Congress can decrease, but NEVER increase it. Automatic reenactment of General Appropriation Act. 1. Revenue/ Tariff 2. Bills authorizing increase of public debt 3. Private bills 4. Bills of local application 5. Must come from House of Reps: • Section 28. (1) The rule of taxation shall be uniform and equitable. TheCongress shallevolvea progressivesystem of taxation. (2) 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, tonnageand wharfagedues, and otherduties orimposts within the frameworkof thenationaldevelopmentprogramof theGovernment. (3) Charitableinstitutions, churches and personages orconvents appurtenant thereto, mosques, nonprofit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shallbe exemptfrom taxation. (4) No law granting any taxexemption shall be passed without theconcurrenceof a majority of all the Members of the Congress Section 29. (1) No money shallbe paid out of the Treasury except in pursuanceof an appropriation madeby law. x x x GR: Every govt disbursement has to have an appropriation (authorization for payment) • X: Automatic appropriation ‐ If we borrowed loans, the specific amount to be paid on scheduled dates need not require an appropriation, since they are automatically carried in the next year's budget. Section 30. No law shall be passed increasing theappellatejurisdiction of the SupremeCourt as provided in this Constitution without its advice and concurrence. Fabian vs Desierto • Fabian filed an Administrative case against Desierto which eventually led an appeal to the Ombudsman – who inhibited himself – and later the case led to the deputy Ombudsman. Thedeputy ruled in favor of Agustin and he said the decision is final and executory. Fabian appealed the case to the SC. She averred that Section 27 of Republic Act No. 6770 (Ombudsman Act of 1989) pertinently provides that in all administrative disciplinary cases, orders, directives or decisions of the Office of the Ombudsman may be appealed to the Supreme Court. The SC ruled such as unconstitutional, since it did not have the SC's concurrence. Section 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 enactlaws or approveorrejectany act or law or partthereof 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. RA 6735 ‐ Initiative and Referendum Act provides for such system. However, the provisions on initiative to amend the Constitution were declared by the SC as inadequate, therefore void (see Santiago vs Comelec). • MHH Art 6: The Legislative Department Tuesday, September 10, 2013 1:27 PM

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Article 6