By: Elwyn Geraint D. LloydRoland John H. Sanchez

Congress: the Legislative Branch of government in the Philippines

Purpose, functions and structure of Congress

Constitutional mandates with respect to Congress

From the Latin lex, legis meaning law

The legislative branch broadly deals with the making, deliberation over, enactment, amendment and repealing of laws

There are two basic structures for legislative branches of government:

1. Unicameral• The legislative branch consists

of one chamber/house

2. Bicameral• Legislative power is vested in

two chambers/houses

There are two basic structures for legislative branches of government:

1. Unicameral• The legislative branch consists

of one chamber/house

2. Bicameral• Legislative power is vested in

two chambers/houses

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.

The Philippine Congress is the country’s legislative department (Art. VI, Sec. 1)

•Congress is bicameralUpper House: SenateLower House: House of Representatives

Legislative power – is essentially the authority under the Constitution to make laws and subsequently, when the need arises, to alter and repeal them. It is the peculiar task of the legislature to prescribe general rules for the government of society.

Laws – refers to the statutes which are the written enactments of the legislature governing the relations of the people among themselves or between them and the government and its agencies.

Rights and duties of citizens Imposes taxes Appropriate funds Defines crimes and provides for their

punishment Creates and abolishes government

officers Determines their jurisdiction and

functions; and In general, regulates human conduct

and the use of property for the promotion of the common good.

Congress of the Philippines which is a double-chamber body consisting of the Senate and the House of Representatives, a bicameral legislature has been created in the place of the unicameral set-up provided in the 1973 Constitution.

A second chamber (Senate) is necessary to serve as a check to hasty and ill-considered legislation;

It serves as a training ground for future leaders; It provides a representation for both regional and

national interests; A bicameral legislature is less susceptible to

bribery and control of big interests; and It is the traditional form of legislative body dating

from ancient times; as such, it has been tested and proven in the crucible of human experience

The bicameral set-up has not worked out as an effective fiscalizing machinery;

Although it affords a double consideration of bills, it is no assurance of better considered and better deliberated legislation;

It produces duplication of efforts and serious deadlocks in the enactment of important measures with the Conference Committee of both Houses, derisively called the “third chamber”, practically arrogating unto itself the power to enact law under the authority to thresh out differences;

All things being equal, it is more expensive to maintain than a unicameral legislature; and

The prohibitive costs of senatorial elections have made it possible for only wealthy individuals to make it to the Senate; and as to claim that a Senate is needed to provide a training ground for future leaders, two of our Presidents became chief executives even if their service was confined to the House of Representatives.

General legislative power

Specific powers Implied powers Inherent powers

Presidential systemthree distinct classes: legislative,

executive, and judicial. Parliamentary system French presidential-parliamentary

system

Checks by the President Checks by Congress Checks by the judiciary

Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines , as may be provided by law.

Section 3. No person shall be a Senator unless he is 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, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election.

Section 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

The Senate• Composition• Term of office• Qualifications• Maximum terms• Registered voter• One’s residence

Composition

Qualifications

Term of Office

24 Senators elected at largeNatural-born citizenAt least 35 years old on election dayLiterate (can read and write)Registered voterPhilippine resident for 2 years prior to election day6 years Maximum: 2 terms

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 and progressive 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 twenty per centum of the total number of representatives including those under the party list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector.

(3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and adjacent territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have at least one representative.

(4) Within three years following the return of every census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section.

The House of Representatives• Composition and

election/section• Term of office• Qualifications• Maximum terms

200 district reps, 50 party listNatural-born citizenAt least 25 years old on election dayLiterate (can read and write)Registered voter of the districtDistrict resident for 1 year prior to election day3 years Maximum: 3 terms

Composition

Qualifications

Term of Office

The constitution limits to 250 the maximum number of members of the House of Representatives may have.

The members of the House of Representatives shall be elected from legislative districts and through a party-list system of registered national, regional and sectoral parties or organizations. The party-list representatives shall continue 20% of the number of representatives in the lower house, including those under the party-list.

Thus, the numbers of the House of Representatives may be classified in to district, party-list, and sectoral representatives with the last to exist only three (3) consecutive terms after the ratification of the Constitution.

Conditions for apportionment• Such appointment shall be made in

accordance with the number of their respective inhabitants;

• It shall be made on the basis of a uniform and progressive ratio;

• Each legislative district shall comprise as far as practicable, contiguous, compact and adjacent territory; and

• Each city with a population of at least 250,000 or each province shall have at least one representative

Ratio to be adopted Representation of provinces and cities Reapportionment of legislative districts.

Aim of the party-list system Appointment/selection of the sectoral

representation Need for sectoral representation

Section 8. Unless otherwise provided by law, the regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May.

Section 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term.

Regular election Special election

Vacancy can be filled through regular electionSpecial elections can be called for the purpose of filling the vacancyIn either circumstance, the one elected merely sits for the unexpired term

Section 10. The salaries of Senators and Members of the House of Representatives shall be determined by law. No increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase.

Section 11. A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.

FREEDOM from ARRESToffenses punishable by not more than six years imprisonment

while Congress is in session

FREEDOM of SPEECH and DEBATEremarks must be made in connection with the discharge of official duties.

while Congress is in session

Congressmen have two parliamentary privileges while Congress is in session:

1. Privilege from arrest• Immunity from offenses punishable by

not more than six years imprisonment

2. Privilege of speech and debate• Immunity from libel and slander

Section 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

Elected Congressmen must:1. Fully disclose their financial and

business interests2. Disclose potential conflicts of interests

that arise in the course of legislation3. Keep from any other office or

employment (appointed or otherwise), forfeit his/her seat to do so

Section 13. No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected.

INCOMPATIBLE OFFICEOffice which mat not be held by a

member of a Congress outside the legislative department. There is a need for members to devote their time and attention to the discharge of their legislative responsibilities.

FORBIDDEN OFFICEOffice which a member of a Congress

may not be a beneficiary by reason of being a participant when said office was created. Hence, a member of Congress shall not be eligible for appointment to such office even if he resigns.

Section 14. No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office.

Appearance as counsel before any court of justice, etc.

Financial interest in any contract with the government

Financial interest in any special privilege granted by the government

Intervention in certain matters

Section 15. The Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special session at any time.

Sessions of CongressRegular session – Congress shall

convene once every year on the fourth Monday of July for its regular session unless a different date is fixed by law.

Special session – It takes place when the President calls Congress, during the time that it is in recess, to session to consider such subjects or legislations as he may designate.

Section 16. (1) The Senate shall elect its President and the House of Representatives its Speaker, by a majority vote of all its respective Members.

Each House shall choose such other officers as it may deem necessary.

(2) A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide.

(3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days.

(4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal.

Each House shall also keep a Record of its proceedings.

(5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

QUORUM- a number of membership which is

competent to transact its business; is at least one-half plus one of the members of a body.

LEGISATIVE JOURNAL- the official record of what is done

and passed in a legislative assembly and the proceedings occurred from day to day.

Senate President and House Speaker elected by majority vote

Other officers, procedures and the discipline of its members is at the discretion of each house

Quorum: Majority Each House maintains a journal and

record of proceedings Neither House can adjourn without the

other’s consent while in session

SEC 17.  The senate and the house of representatives shall each have an electoral tribunal which shall be the sole judge of all contests relating to the elections, returns, and qualifications of their respective members. Each electoral tribunal shall be composed of nine members, three of whom shall be justices of the supreme court to be designated by the chief justice, and the remaining six shall be members of the senate or the house of representatives, as the case may be, who shall be chosen on on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therin. The senior justice int the electronal tribunal shall be its chairman.

SEC 18. There shall be a commission on appoinments consisting of the president of the senate, as ex officio chairman, twelve senators and twelve members of the house of the representatives, elected by each house on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The chairman of the commision shall not vote, except in case of a tie. The commisiion shall act on all appointments submitted to it within thirty session days of the congress from their submission. The commission shall rule by a majority vote of all members.

SEC 19.  The Electoral tribunals and the commission on appointments shall be constitutedwithin thirty days after the senate and the house of representatives shall have been organized with the election of the president and the speaker. The commission on appointments shall meet only while the congress is in session, at the call of its chairman or a majority of all its members, to discharge such powers and functions as herein conferred upon it.

Electoral Tribunal in each House.(1)   Composition, constitution and

jurisdiction(2)   Reason for creation The Commission on

Appointments(1)  Composition, constitution and

nature(2)  Power or function(3)  Reason for creation

SEC 20.  The records and books of accounts of the congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the commission on audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each member.

Records of congress open to public• Congress is enjoined by the constitution to

preserve and open its records and books of accounts to the public such books shall be audited by the commission on audit, which shall publish annually an itemized list of amounts paid to and expenses incurred for each member. This requirement, however, is not absolute. Congress may prescribe by law the conditions to be complied with in the exercise of the right of inspection of its records and books of accounts. The constitutional provision will limit the opportunity to misappropriate public funds.

SEC 21. The Senate or the House of the Representatives or any of its respective committees may conduct inquiries in aid of legistation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected.

Power of legistatives inquiry and investigations.

(1)   Sound legistations(2)   Other desirable benefits  Scope of the power.(1)   Aid to other legistative functions(2)   Limitations

SEC 22. The heads of departments may upon their own initiative, with the consent of the president, or upon the request of either House, as the rules of each house shall provide, appear before and be heard by such house on any matter pertaining to their departments. Written questions shall be submitted to the to the president of the senate or the speaker of the house of representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the state or the public interest so requires and the president so states in writing, the appearance shall be conducted in executive session.

Appearance of heads of departments during Congress’ question hour.

(1)   Prohibition by the President.(2)   With or without consent of the

president.(3)   Submission of written questions(4)   Presence of general public(5)   Distinguished from congressional

investigation in aid of legistation.

SEC 23. 1. The Congress, by a vote of two-thirds of both houses

in joint session assembled, voting separately, shall have the sole power to declare the exsitence of a state of war.

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

Power of Congress to declare existence of a state of war.

(1)   Concurrence of both Houses(2)   Existence of war before declaration by

congress.  War contemplated

The war contemplated here is a defensive, not an aggressive war, because by express constitutional provision, the philippines renounces war as an intsrument of national policy.

Delegation of emergency powers Section 32 is an exception to the rule that the congress may not

delegate its legislative authority to any other office, agency, or entity. During grave emergencies, it may not be possible or practicable for congress to meet and exercise powers. To meet any such occasion, the contitution expressly permits congress to grant legislative powers to the president, subject to certain condition as follows:

(1)   The emergency powers may be granted by law to the president only in times of war. It is the congress that determines whether there is war or national emergency.

(2)   The said powers must be exercised only during a limited period, that is, for the duration of the war or other national emergency.

(3)   They must be exercised subject to such restrictictions as the congress may prescribe.

SEC 24. All appropriation, revenue or tarriff bills, bills authorizing increase of the public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.

Meaning of appropriations billAn appropriations bill is one the primary and specific aim of which is to make appropriations of money from the public treasury. A bill of general legislation which carries an appropriation as an incedent thereto to carry out its primary and specific purpose is not an appropriations bill.

Kinds of appropriations.Appropriation is an authorization made by law or other legisteive enactment, directing payment out of government funds under specified conditions and/or for specified purposes.

Appropriations may be: (1)   Annual or general appropriations.(2)   Special or supplemental appropriations.(3)   Specific appropriations.(4)   Continuing appropriations. Meaning of other bills.(1)   Revenue bill.(2)   Tariff bill(3)   Bill authorizing increase of the public debt.(4)   Bill of local application.(5)   Private bill.

 Bills which must originate exclusively in the house of representatives.

Under section 24, the house of representatives has the exclusive authority tp take the initiative in the presentation of the bills mentioned. These measures may not originate in the senate, but the senate may propose amendments to them and refuse to approve them if their amendments are not accepted by the house of representatives

SEC 25.  (1) The Congress may not increase the appropriations recommended by the president for the operation of the government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law

2. No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.

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

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

5. No law shall be passed authorizing any transfer of appropriations; however, the president, the president of  the senate, the speaker of  the house of representatives, the chief justice of the supreme court, and the heads of constitutional commissions may, by law, be authorized to augment any item in the general appropriations law for their respective officers from savings in other items of their respective appropriations.

6. Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.

7. If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until in general appropriations bill is passed by the congress.

Meaning of Budget      A budget is the financial program of the national government for a designated calendar year, consisting of statements of estimated receipts from revenues and expenditures for the calendar on which it is intended to be effective based on the results of operations during the preceding calendar year.

Submission od proposed budget by the president

The “budget” of expenditures and sources of financing, including receipts from existing and proposed revenue measures which president has to prepare and submit to congress is intended as a guide for the latter to follow not only in fixing the amount of appropriations but also in determining the specific governmental activities for which public funds  should be spent. The form, content, and manner of preparation of the budget shall be prescribed by law.

Increase of appropriation recommended by the President.

(1)   For the executive department(2)   For legistatives and judicial

departments, and contitutional bodies. Prohibition against rides.(1)   Meaning of rider(2)   Rider without force and effect(3)   Objective of the constitution.

Procedure in approving appropriationsThe constitution requires a standard procedure in approving appropriations. The procedure adopted for approving appropriation for other departments and agencies shall be followed strictly in approving appropriations for congress. This provides a safeguard against the abuse or misuse by congress of its power to appropriate.

Requrements with respect to special appropriations bill.

The constitution requires:(1)   It should specify the purpose for which it is

intended (2)   It should be supported by funds actually available

as certified to by the National Treasurer or to be raised by a corresponding revenue proposal included therein.

The restrictions are intended to put an end to the legistative practice under the 1935 Constitution of passing appropriations bills without the corresponding funds. 

Requirements to insure a balanced budget.

The contitution requires that the level of expenditures must be within the level of the revenues expected to be raised from existing and proposed revenue measures see to prevent deficit spending.

Prohibition against transfer to funds.

(1)   Aim to prohibition.(2)   Augmentation of any item from

savings in other items. Rule as to discretionary funds.(1)   When appropriation allowed.(2)   Conditions.

(a)   The disbursement must be only for public purposes

(b)   It must be supported by appropriate vouchers

(c)    It must be subject to such guidelines as may be prescribed by law.

Automatic reappropriationIn case of failure of congress to

pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted.

SEC 26.

(1) Every bill passed by the congress shall embrace only one subject which shall be expressed in the title thereof.

2. No bill passed by either house shall become law unless it has passed three readings on separate days, and printed copies therof in its final form have been distributed to its members three days before its passage, exept when the president certifies to the necessity of its immidiate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment therto shall be allowed, and the vote theron shall be taken immediately thereafter, and the yeas and nays enetered in the journal.

Limitations on the power of congress.

(1)   Substantive(a)Implied limitations(b)Specific limitations on general

legistative powers(c)Specific limitations on specific

powers(d)Formal 

Prohibition against delegation of legistative powers

A branch or department of the government may not delegate to another department or to any other body the power entrusted to it by the constitution. Thus, congress is prohibited from delegating its legistative powers. In the absence of this rule, the principle of separation of powers can hardly exist.

Prohibition against the enactment of irrepealable laws.

(1)   Essence of legistative power(2)   Consequences to public welfare of irrepealable

laws permanent. 

 Requirements as to subject and title of bills.

(1)   One title, one subject.(2)   Purposes of constitutional requirement.(a)   To prevent hodge-podge or log-rolling

legislation(b)   To prevent surprise or fraud upon the

legislature(c)    To fairly apprise the people, through such

publications of legislative proceedings as is usually made, of the subjects of legislation that are being considered, in order that they  may have opportunity of being heard thereon by petition or otherwise, if they shall so desire.

Meaning of hodge-podge or log-rolling legislation.

Hodge-podge or log-rolling legislation refers to any measure containing several subjects on unrelated matters combined together for the purpose of securing the support of members of the legislature severally interested in the different subjects of the bills. If these subjects were to be presented in separate bills, the likelihood is that none of them might obtain a majority vote. 

Effect of violation of requirement.

The constitutional provision prohibits the passage of two classes of bills:

1. A bill containing provisions not fairly embraced in its title or related to its subject matter; and

2. A bill which embodies different subjects not withstanding that all of them are expressed in its title.

Exceptions of requirement.It does not apply to:1.      Local ordinances as they do not partake of the

nature of laws but are mere rules provided for the fulfillment of laws: and

2.      Proper codifications and revisions of statutes. Thus a law with the title “An act to Ordain and Institute the civil code of the Philippines “ is valid although it may contain hundreds of different matters, for the very denomination “Code” is sufficient to put the menbers of the legislature and the people on their guard. 

Steps in the passage of a bill.     1.      First Reading2.      Referral to appropriate committee3.      Second Reading4.      Debates5.      Printing and Distribution6.      Third Reading7.      Referral to the other House8.      Submission to joint Bicameral committee9.      Submission to the President

Purpose of requiring three reading of a bill. The three readings of a bill must take place on a seperate

days not in one day. The purpose is to prevent hasty and improvident legislation and the railroading of bills, and to compel the careful examination of proposed laws or at least the affording of the oppurtunity of that purpose.

 Certification of bills by the President. The constituition provides that “no bill passed by either

House shall become a law unless it has passed three readings on seperate days and printed copies thereof in its final form have been distibuted to the members three days before its passage”. 

Purpose of requirements that yeas and nays be entered in the journal.

It is also provided in the constitution that on the final passage of every bill, the yeas and nays shall be entered in the journal. This means that the roll of congress shall be called and each member present and answering to his name shall say “yea” or “nay” on the question of the passage of the bill.

SEC 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he napproves the same, he shall sign it; otherwise, he shall veto it ad return the same with its objections to the House where it originated, which shall enter the objections at large in its journal and proceed to reconsider it. If after such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the members of that House, it shall become the law. In all such cases, the votes of each House shall be determined by yeas and nays, and the names  of the members voting for the or against shall be entered in its journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof: otherwise, it shall become a law as if he had signed it.

(2)The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object. 

Meaning of bill.A bill is a draft of a law submitted to the consideratiuon of a

legislative body for its adoption.  Meaning of statute.A statute is the written will of the legislature as an organized

body expressed according to the form necessary to constituteit into a law of the state, and rendered authentic by certain prescribed forms and solemnities.

How statutes identified.Statutes passed by the former Congress are, for purposes o

formal reference, denominated as acts. They are identified bt their serial numbers. Where a special title is supplied for a particular statute, such title may also be used for identification.

Formal parts of a law.(1)   Title.(2)   Preamble(3)   Enacting clause(4)   Body(5)   Effectivity clause    

When bill may become law A bill passed by congress may become a law in

any of the following ways:(1)   When the president approves the bill by signing it(2)   When the vetoes the bill and returns the same

with his objections to the house where it orginated, and the same is repassed over his veto by avote of two-thirds of all the members of both houses.

(3)   If the president does not communicate his veto of any bill to the house where it originated within thirty days after the date of receipt thereof, in which case it shall become a law as if he had signed it.

Veto power of the President.The word veto is the latin term for “I

forbid” or “deny.” It is the power vested in the president to disapprove acts passed by congress. The veto message to the house where the bill originated explains his objections to the bill.

Purpose of veto Two fundamental reasons have been

given to the grant of the veto power to the president

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

(2)   To provide a check on hasty, corrupt, or ill-considered legislation.

Pocket veto not allowed.Under the constitution, the president does not have the so-

called pocket veto power, disapproval of a bill by inaction on his part. The failure of the president to communicate his veto of any bill presented to him within 30 days after the date of receipt thereof automatically causes the bill to become a law.

When partial veto allowedAs general rule, the president may not veto a bill in part and

approve it in part. The exception is provided in paragraph of section 27 which grants the president the power to veto any particular item or items in an appropriation, revenue, or tariff bill. The veto in such case shall not affect the item or items to which he does not object.

Meaning of resolution. Enactments of the lawmaking body may also be made in the

form of resolutions. A resolution has been defined as a formal expression of opinion, will, or intent by an official body or assembled group. 

 Use of resolutions.(1)   Resolutions are employed with respect to matters within the

exclusive authority of the lawmaking body and do not, therefore, require the approval of the president for their effectivity. Thus, the rules of procedure of a lawmaking body, orders imposing some penalty upon any of its members, or proposals for constitutional amendments would be embodied in resolutions.

(2)   They are also used when a lawmaking body expresses an attitude or opinion. Thus, resolutions would be proper in expressing condolences on the death of a member or of a high government official, or in declaring its opinion on important national questions.

(3)   Under section 28, the power to fix tariff rates, etc. delegated to the president may be withdrawn by the lawmaking body by means.

Kinds of resolution A resolution may be:(1)   Simple, if passed by either house for its

exclusive use or purpose.(2)   Concurrent, if passed independently in

one house and ratified by the other in the same manner as a bill.

(3)   Joint, if approved by both houses meeting in joint session but voting separately.

There is no provision in the constitution in the requiring the approval by the president of any kind of resolution.

SEC. 28 (1) The rule of taxation shall be uniform and equitable. The congress shall evolve a progressive system of taxation.

(2)The congress may, by law, authorize the president to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the government.

(3) Charitable institutions, churches and parsonages or convents appurtenant thereto, mosques, nonprofit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation

(4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the members of the congress.

Uniformity in taxation(1)   Meaning.(2)   Illustrations (a)   A tax of P2.00 per square meter or fraction

thereof imposed on every billboard or sign anywhere in the country was held valid as against the contention that it was void for lack of uniformity.

(b)   There is no violation where those with different incomes are made to pay different rates of tax because in this case, the incomes are considered as belonging to different classes.

(c)    All residential houses, regardless of their assessed value, may be considered for purposes of taxation as belonging to one class and made subject to the same tax rate but different amounts of tax depending on their value. The law, however,may validly further classify such property according to their assessed value and levy different rates, and consequentlyl, different amounts of tax on the basis of such value.

(3)   Reason for rule

Equity in taxationAside from the requirement that the rule of taxation shall be uniform, the constitution also mandates that it shall be equitable. Uniformity in taxation is effected through the apportionment of the tax burden among the taxpayers which under the constitution must be equitable. To be sure, a tax law may prescribe a uniform rule of taxation and yet it may be inequitable as where the rates of tax are excessive or confiscatory.

Progressive system of taxation.To achieve the equity objective in taxation, the constitution enjoins congress to “envolve a progressive system of taxation.” This means that tax law shall place more emphasis on direct rather than on direct rather than indirect taxes, with ability to pay as the main criterion.

Deligation of taxing power to fix tariff rates, etcBy express provision of the constitution, congress is authorized to delegate to the president its power to fix within specified limits tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts. The authority so granted is, however, subject to such limitations and restrictions as the congress may seem wise to impose because congress is prohibited from abdicating its lawmaking power over the subjects mentioned.

Exemption of certain entities and properties from property taxes.Section 28 provides that the institutions and properties mentioned therin shall be exempt from taxation. Other exemptions are provided by statues, but in those cases, they may be withdrawn.

(1)   Test of exemption. (2)   Exemption of religious, charitable, and educational

institutions

Votes required for grant of tax exemption

The constitution requires the concurrence of a majority of all the members of congress to pass a law granting any tax exemption as a safeguard against the indiscriminate grant of tax exemptions. Under 1935 constitution, a simple majority of the quorum was sufficient. 

SEC. 29.(1) No money shall be paid out of the treasury except in

persuance of an appropriation made by law.

(2)No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, secretarian institution, or system of religion, or any priest, preacher, minister, or dignitary is assigned to armed forces, or to any penal institution, or government orphanage or leprosarium.

(3)  all money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any shall be transferred to the general funds of the government.

The power of appropriation

The power to appropriate public funds for the maintenance of the government and the other public needs is a vital government function which is vested in congress. Section 29 is based upon the principle that the people’s money bmay be spent only with their consent. That consent may be expressed either in the constitution itself or in valid acts of congress as the direct representative of the people. It acts as a legislative check upon the disbursing power of the president, or the heads of departments and other executive officials. Without the restrictions, government funds would be misused.

Meaning of “appropriation made by law”An appropriation is per se nothing more than the authorization by law that money may be paid out of the public treasury. It is setting apart or assigning to a particular use a certain sum of the public funds. 

Prohibition against use of public money or property for religious purpose.

It is fundamental in democratic governments that taxes may be levied for public purposes only. Since the government is established for a public purpose, public money can be used only for that purpose. A tax levied for a private purpose constitutes a taking of property without due process of law, and is invaild. Section 29 is based on the requirement that taxes can only be imposed for a public purpose. Thus a public land may not be donated for the construction of churches, convents or seminaries.

The prohibition, however, is not violated when:

(1)   Payment given as compensation.

(2)   Religious use incidental.(3)   Use, public in nature(4)   Payment based on contract (5)   Consideration recieved

Expenditure of special fund.A tax may be imposed for a special public purpose. In such case, the money raised from such tax shall be treated as a special fund and paid out for such purpose only. It cannot be spent for any other public purpose. If the special purpose has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the government. The special fund then ceases to exist.

SEC. 30. No law shall passed increasing the apellate jurisdiction of the supreme court as provided in this constitution without its advice and concurrence.

Law increasing jurisdiction of supreme courtCongress cannot diminish or otherwise impair the original and appellate jurisdiction of the supreme court as enumerated in article VIII, section 5. But congress can increase its jurisdiction  assigning to additional cases for adjudication.

(1)   Appellate jurisdiction(2)   Original jurisdiction

SEC. 31. No law granting a title of royalty or nobility shall be enacted.

Prohibition against granting title of royalty or nobility

(1)   Equalitarian principle observed in a democratic society.

(2)   Prevents creation of a privileged class

(3)   Prohibition directed at congress                 

SEC. 32. The congress, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, where by the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the congress or local legislative body after the registration of any petition therefor signed by at least ten per centum of the total number of registered voters, which every legislative district must be represented by at least three per centum of the registered voters thereof.

Meaning of initiative and refrendum (1)   Initiative – it is the reserved power of the

people to directly propose and enact laws at polls called the purpose independently of congress or of a local legislative body.

(2)   Referendum- it is the process by which any act or law or part thereof passed by congress or by a legislative body is submitted to the people for their approval or disapproval.

Congress to provide a system of initiative and referendum

The constitution in section 32 has institutionalized what is popularly known as “peoples power” which was manifested with unprecedented popular support during and after the 1986 presidential “snap” election and in the “EDSA” revolution.”

Reserve legislative power of the people The incorporation in the constitution of the

devices of initiative and referendum for proposing legistation or constitutional amendments, or subjecting acts of congress or a local legislative body for approval or rejection gives substance to the time-honored principle that in a republican and democratic state “sovereignty resides in the people and all government authority emanates from them.

Through these processes, aside from elections, plebiscities, and recalls, the people are able to articulate what they feel about certain political, social, and economic issues confronting the country and in the exercise of the ultimate, reserve power of sovereignty given them, resort to direct action to compel obedience of the government to their own demands, short of waging a revolution against it.

Our government, however, remains essentially a republican democracy.