(recalcitrant) Members By The Means Of Arrest Or Such Other

THE LEGISLATIVE DEPARTMENT ELECTION  Regular Election 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.  Special Election 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.

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least one year before the expiration of the term, to call a special election o shall not be earlier than sixty (60) days nor later than ninety (90) after the occurrence of the vacancy o but in case of a vacancy in the Senate, the special election shall be held simultaneously with the next succeeding regular election; and o to give notice to the voters of, among other things, the office or offices; to be voted for.

In a special election to fill a vacancy, the rule is that a statute that expressly provides that an election to fill a vacancy shall be held at the next general elections fixes the date at which the special election is to be held and operates as the call for that election. Consequently, an election held at the time thus prescribed is not invalidated by the fact that the body charged by law with the duty of calling the election failed to do so. This is because the right and duty to hold the election emanate from the statute and not from any call for the election by some authority and the law thus charges voters with knowledge of the time and place of the election. (Tolentino vs. Comelec, GR. 148334, January 21, 2004)

compel the attendance of absent Members in such manner, and under such penalties, as such House may provide.  only correct if no one of the member is outside the coercive authority of the house  exists on the proportion between those physically present and the total membership of the body. (Avelino vs. Cuenco, 83 Phil 17) BUT “Majority of each House” – outside of the coercive power of the House  include only those inside the authority of the house  not those outside the coercive authority of the house But to pass a law,  only the votes of the majority of those present in the session, there being a quorum, are required. This is known as the "shifting majority".  When a quorum cannot be had, a smaller number may adjourn from day to day, and compel the attendance of the absent (recalcitrant) members by the means of arrest or such other measures and penalties as the House may provide in its rules. RULES AND PROCEEDINGS (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. RoP is merely procedural, can be waived, altered by the body making it, thus a political question. the established rule is that courts cannot declare an act of the legislature void on account merely of noncompliance with rules of procedure made by itself, it follows that such a case does not present a situation in which a branch of the government has "gone beyond the constitutional limits of its jurisdiction" so as to call for the exercise of our Art. VIII, §1 power. (Arroyo vs. de Venecia, August 14, 1997)

Rep. Act No. 6645 (December 28, 1987) – Law that governs Special Election  no special election will be called if the vacancy occurs o less than 18 months before the next regular election in the case of the Senate o less than 1 year before the next regular election in the case of the House; in these cases, we will just have to wait for the next regular election, for practical reasons.

*What if Congress deviates it’s own proceeding? Are they allowed to do that?  YES, as a General Rule: it would serve as a waiver o Except:  Those required by the constitution  When it violates the rights of individuals

When the vacancy occurs during the period when special elections are allowed to be conducted, the particular House of Congress may pass either  a resolution by the House or Senate if Congress is in session; or  certification by the Senate President or House Speaker if Congress is not in session, o declaring the existence of the vacancy, and o calling for a special election to be held within 45 – 90 days from the date of calling of the special election (point of reckoning is date of resolution or certification)

DISCIPLINE OF MEMBERS Each house may punish it members for "disorderly behavior." What constitutes "disorderly behavior" is solely within the discretion of the house concerned. Although a member of either house cannot be held accountable in any other place for any speech he make in the Congress or in any committee thereof, he can be found guilty of disorderly behavior by his own peers, so ruled the Court in Osmena v Pendatun. 109 Phil. 863 (1960).

*the Senator or Representative thus elected shall serve only for the unexpired term. ORGANIZATION AND SESSIONS Organization 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. * Other than the Speaker and President, each House shall choose such other officers as it may deem necessary.  First order of business - election by each house of the President of the Senate and the Speaker of the House, and such other officers that the rules of each house may provide.  A majority vote of all the respective members is required to elect these two officers. *Upon the election of the President and the Speaker, the Constitution deems the Houses"organized." Quorum – NOT majority of ALL the members of each house (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

The penalty may consist of  censure; or upon a 2/3 vote of all the members of the house,  suspension, not exceeding 60 days, or  expulsion. *Exclusion, as distinguished from expulsion, is the disqualification of a member from the body due to the failure to comply with constitutional requirements. Grounds to suspend a member:  Disorderly behavior (political question – only for Congress to determine) – Just Examples below: o talking non stop or non sense o going out without permission Requirement to punish  2/3 votes of all its members  shall not exceed sixty days How do you remove the ff officers?  Supreme Court Justice – Impeachment  Members of Constitutional Commission  Members of Judiciary (lower in rank than SCJ) – decided by SC en banc  Members of Congress – expulsion by the members of Congress

JOURNAL AND CONGRESSIONAL RECORD (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. Journal 

only a resume of minutes of what transpired during a legislative session.  the journal contains the summary of the proceedings. Congressional Record  the word-for-word transcript of the proceedings taken during the session.  contains the verbatim transcript of all proceedings of the house or its committees. The Constitution is silent as to what the record must contain. The Enrolled Bill Theory: Once a bill has been approved by both houses (the procedure will be discussed later), the bill is engrossed or enrolled, and this "Enrolled Copy of the Bill" bears the certification of the Presiding Officer of the house (either Senate President or Speaker of the House) that this bill as enrolled is the version passed by each house. The purpose of the certification is to prevent attempts at smuggling in "riders". The enrolled copy is then sent to the President for his action. What happens if there is a discrepancy between the enrolled copy of the bill, and any other copy of the bill? The enrolled bill prevails, says SC. Probative Value of Journal: The journal is conclusive on the courts as to its contents, so the SC ruled in (US V Pons, 34 Phil. 729, 1916). Pons, in this case was prosecuted under a criminal statute. He contended, however, that the statute was passed past the midnight after February 28, 1914, the last day of session of the legislative body, but that the members stopped the clock at mid-night, to pass the law. The SC rejected this claim, ruling that the probative value of the journal could not be questioned, otherwise proof of legislative action would be uncertain and would now have to depend on the imperfect memory of men. Journal Entry Rule vs. Enrolled Bill Theory: The enrolled bill doctrine, as a rule of evidence, is well established. It is cited with approval by text writers here and abroad. The enrolled bill rule rests on the following considerations: . . . As the President has no authority to approve a bill not passed by Congress, an enrolled Act in the custody of the Secretary of State, and having the official attestations of the Speaker of the House of Representatives, of the President of the Senate, and of the President of the United States, carries, on its face, a solemn assurance by the legislative and executive departments of the government, charged, respectively, with the duty of enacting and executing the laws, that it was passed by Congress. The respect due to coequal and independent departments requires the judicial department to act upon that assurance, and to accept, as having passed Congress, all bills authenticated in the manner stated; leaving the court to determine, when the question properly arises, whether the Act, so authenticated, is in conformity with the Constitution. To overrule the doctrine now, as the dissent urges, is to repudiate the massive teaching of our cases and overthrow an established rule of evidence. Enrolled Bill Theory  Tenor - absolutely conclusive as to the tenor of the bill o the words therein are what they are o cannot entertain comments on variance with journal/record  Due Execution – process required by the constitution has been observed; all the proceedings required have been followed. *the moment you take out/ withdraw signatures, no more enrolled bill Journal Entry Rule vs Enrolled Bill Theory *When can Journal prevail over Enrolled Bill?  only on matters required by the Constitution to be entered into Journal Matters to be entered in the Journal:  The yeas and nays on third and final reading of a bill [Art. VI, Sec. 26(2)];

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Veto message of the President (i.e., his objection to a bill when he vetoes it) [Art. VI, Sec. 27(1)]; The yeas and nays on the repassing of a bill vetoed by the President (Art. VI, Sec. 27(1)]; The yeas and nays on any question at the request of 1/5 of the members present [Art. VI, Sec. 16(4)]

SESSIONS 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. Section 16 (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. Regular Session Regular – 4th Monday of July, unless changed by law until 30 days after opening of next regular session - you don’t have to amend the constitution to change the law Special Session  Section 15 - when called by president anytime  Art VII Section 10 – 11 - on 3rd day of vacancy of Pres and VP o 10o'clock  congress convene without need of a call  w/in 7 days - enact law calling for special election - held not earlier than 45 days nor later than 60 days from the time of such call o bill calling special election in accordance with par 2 sec 26 Art. VI of Constitution o Appropriations for the special election shall be charged against any current appropriation - exempted from the requirements of par. 4 sec 25 Art VI of Constitution  in case of temporary disability  suspension of priviledge of Writ of Habeas Corpus  proclamation of martial law *Read Art VII, Sec 18, par. 3 – TAAS KAAU, SELF EXPLANATORY PA JD Joint Session Voting Separately  amendment and revision of constitution by vote of ¾ of all its member  Congress acting as board of canvassers o Not later than 30 days after the day of election, open all certificates – with presence of both Senate and HR  temporary inability of president o ten days after receipt of the last written declaration, or, o if not in session, within twelve days after it is required to assemble, determines by a 2/3 vote of both House Voting Jointly – exercise of military powers  Art. VII, Sec. 1 (1) - declaration of martial law, suspension of privilege of WHC o Vote of majority to revoke or suspend the declaration CONSTITUTIONAL RGANS WITHIN CONGRESS -2 consti organs to be created within Congress; Commission on Appointments and Electoral Tribunal ELECTORAL TRIBUNAL Composition Section 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and 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 the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

Composition of Electoral Tribunal (Each House):  3 senators chosen by the Senate upon nomination of the party having the LARGEST number of votes  3 senators upon nomination of the party having the SECOND LARGEST number of votes  3 justices of the Supreme Court to be designated by the Chief Justice IMPT. : spirit of the law prevails over its letter *if we allow 5 members of the majority party, it would have the absolute majority  philosophy underlying the constitution would be entirely upset  equilibrium bet the political parties would be destroyed  its moderating role of Justice of the Supreme Court would be wiped out Jurisdiction of Electoral Tribunal and COMELEC  Before he is proclaimed, taken oath, and he has taken office – COMELEC  After he is proclaimed, taken oath, and he has taken office – Electoral Tribunal What is the major difference in the composition of ET’s under the 1935 Consti and under the new Consti?  Under the 1935 Constitution, only the two major political parties had representation and they had it equally between them. (Tañ ada vs. Cuenco, GR. No. 10520); under the new Consti, all political parties are given proportional representation. May Congress regulate the actions of the ETs even only procedureal matters?  No. The Tribunals are independent constitutional bodies. (Angara vs. Electoral Commission, 63 Phil. 139) Function 1. “Sole” – judge of all contests relating to the election, returns, and qualifications of their respective Members *There is a complaint contesting the citizenship against a senator, SET does not have jurisdiction. What will be your contest?  He is already proclaimed, taken oath, and he has taken office. *Jurisdiction of Electoral Tribunal and COMELEC -Before he is proclaimed, taken oath, and he has taken office – COMELEC -After he is proclaimed, taken oath, and he has taken office – Electoral Tribunal Endorsement – will not grant a seat to Electoral Tribunal (Coseteng) 2. “Contest” – Electoral Tribunal can only take up cases which has contest  There must be a grave abuse of discretion in rendering its judgment. o gave abuse of discretion must be so patent and gross as to amount to an evasion or refusal to perform a duty enjoined by law. o Mere error does not amount to grave abuse of discretion. Petition for quo warranto – the only petition in the Electoral Tribunal  filed only on the grounds of ineligibility and disloyalty to the Republic of the Philippines  directed against one who has been duly elected and proclaimed for having obtained the highest number of votes but whose eligibility is in question at the time of such proclamation o not on proclamation is patent in nullity *after the determination of the case and if the petitioner wins, he will replace the person in the contested position Judicial Review: Considering that the ETs are the “sole judges” in election contests, under what circumstances may the SC interfere?  Only “upon a clear showing of such arbitrary and improvident use by the Tribunal of its power as constitutes a denial of due process of law, or upon a demonstration of a very clear unmitigated ERROR, manifestly constituting such GRAVE ABUSE OF DISCRETION that there has to be a remedy for such abuse.” (Co vs. HRET, July 30, 1991)

Commission on Appointments Section 18. There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members. Composition of the Commission on Appointments?  Senate President as Chairman  12 Senators  12 Members of the House of Representatives *elected by each House according to proportional representation of the parties or organizations registered under the party-list system represented therein. The total composition will thus be 25, but the Chairman will only vote in case of a tie. The provision of Section 18 on proportional representation is mandatory in character and does not leave any discretion to the majority party in the Senate to disobey or disregard the rule on proportional representation. No party can claim more than what it is entitled to under such rule. Section 18 also assures representation in the CA of any political party who succeeds in electing members to the Senate, provided that the number of senators so elected enables it to put a representative in the CA. Therefore, in the Senate, a POLITICAL PARTY must have AT LEAST 2 SENATORS in the Senate to be able to have ONE representative in the Commission on Appointments. The SC does not agree that it is mandatory to elect 12 Senators to the CA. What the Constitution requires is that there be at least a majority of the entire membership. The Constitution does not require the election and presence of 12 senators and 12 members of the House in order that the Commission may function. (Guingona, Jr. vs. Gonzales, Oct. 20, 1992) Questions on proportional representation are justiciable since they are questions of legality based on Sec. 18, Art. 6 of the Constitution. Function *Only a QUORUM (usually majority) is needed for the commission to perform its function Quorum:  at least 13 members is necessary  at least 4 of the members should come from either house. What is the function of the Commission on Appointments?  The Commission on Appointments acts as a legislative check on the appointing authority of the President.  For the effectivity of the appointment of certain key officials enumerated in the Constitution requires the consent of the Commission on Appointments.  For Check and Balance Section 19. The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker. The Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it. SALARIES 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. 

The salaries of Senators and Members of the House of Representatives shall be determined by law. Unless the Congress provides otherwise, the President of the Senate and the Speaker of the House shall receive an annual salary of P 240,000; while the

Senators and the members of the House shall receive P 204,000 each. (Art. XVIII, Sec. 17.) While it is Congress, through a salary law, that determines the salary to be received by its members, the Constitution mandates that :  no increase in said compensation shall take effect until after the expiration of the full term of all the members of the two houses approving such increase o to bar abuses in increasing their salary Illustration: 2010 – 2013 – HR 2012 – P90K increase 2010 – 2016 - Senate - take effect on the EXPIRATION OF FULL TERM of the ALL MEMBERS (HRand Senate) – 2016 PRIVILEGE 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 arrest: How does the 1987 privilege from arrest differ from the privilege under the 1935 Constitution?  The 1987 privilege differs from the privilege under the 1935 Constitution, and for that matter from the privilege under the American Constitution, in that under the 1935 Constitution the privilege was only from civil arrest. In no way did the 1935 Constitution protect a legislator from arrest for a criminal offense (Martinez vs. Morfe, 44 SCRA 22).  Under the new Constitution, however, as under the 1973 Constitution, a legislator is privileged from arrest even for a criminal offense provided that the offense was not punishable by a penalty of more than 6 years imprisonment. Elements of Privilege of Freedom from Arrest:  Congress must be in session, whether regular (sec. 15) or special (supra). It does not matter where the member of Congress may be found (attending the session, socializing in a private party, or sleeping at home); so long as Congress is in session, freedom from arrest holds  The crime for which the member is to be arrested is punishable by 6 years of imprisonment or less. "Punishable" refers to the maximum possible penalty which a penal statute attaches to the offense. It follows too that if the crime is punishable by 6 years and 1 day of prision mayor or more, the member can be arrested, even if he is session in the halls of Congress. Freedom from arrest  penalty must not more than six years o if more than (anytime)  while Congress is in session o -if not in session, you can be arrested Privilege of Speech and Debate: What is the scope of the privilege?  In the first place, the privilege is a protection only against forums other than the Congress itself. It does not protect the assemblyman against the disciplinary authority of the Congress but it is an absolute protection against suits for libel. (Osmeña vs. Pendatun, 109 Phil 863)  In the second place, “speech or debate” includes utterances made in the performance of official functions, such as speeches delivered, statements made, votes cast, as well as bills introduced and other acts done in the performance of official duties (Jimenez vs. Cabangbang, 17 SCRA 876). *To come under the privilege, it is not essential that the Congress be in session when the utterance is made. What is essential is that the utterance must constitute “legislative action.” Privilege of Speech and Debate  no matter what you say, you can’t be held liable – if in relation to utterances made by member in the performance of official functions (made in privilege speech)

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must be in the performance in his duty – no criminal and civil liability  “in any other place” – in other places – he is absolutely not liable – people can’t do anything o in congress, he can be disciplined o he can invoke privilege of speech to other people but can’t invoke to congress *Is it the locale? Nature of the speech? What if it is not in the hall of congress?  check the nature of the speech o if in performance of his functions – he is not liable – no matter how insulting – it is in the reluctance in performance of his functions (so that he will not be afraid to exercise his function) RESTRICTIONS 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. 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 nor the emoluments thereof increased during the term for which he was elected. 2 kinds of offices An incompatible office is a post which a member cannot accept unless he waives or forfeits his seat in Congress. A sensu contrario, if he waives or forfeits his seat, he may accept the other post, since the incompatibility arises only because of his simultaneous membership in both.  Incompatible Office - office under government A forbidden office is one to which a member cannot be appointed even if he is willing to give up his seat in Congress. The effect of his resignation from the Congress is the loss of his seat therein but his disqualification for the forbidden office nevertheless remains. The prohibition lies in the fiduciary nature of the relationship involved.  Forbidden Office - office new or emoluments increased during the term – absolutely not allowed to take the office Such a member cannot resign in anticipation of the passage of the law creating such office or increasing its emolument as a way of circumventing the prohibition. However, the prohibition is not forever; it is the term for which he was elected. *What will come first? Acceptance or Forfeit? Do you have to resign?  Acceptance AUTOMATICALLY forfeit your last office *Sui Generis – a class of its own. (Liban vs Gordon)  neither a subdivision, agency or instrumentality of the government, nor a government-owned or controlled corporation or a subsidiary thereof  Members of Congress can hold office even without forfeiting their position 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. Personally appearing as counsel before any court of justice, the Electoral Tribunal, quasi-judicial bodies, and other administrative bodies. 1973 - “Appearance as a Counsel” - a voluntary submission to a court's jurisdiction by a legal advocate or advising lawyer professionally engaged to represent and plead the cause of another

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appearance by legislators before Courts of First Instance SHOULD BE LIMITED TO CASES WHEREIN SAID COURTS EXERCISE APPELLATE JURISDICTION *REASON: to remove any possibility of undue influence upon the administration of justice, to eliminate the possible use of office for personal gain  to ensure impartiality in trials and thus preserve the independence of the Judiciary 1987 - What the Constitution prohibits in the case of members of Congress who are also members of the bar is their personal appearance before any of these bodies. This is not a prohibition against, the practice of law in any court. Thus, a member may still sign and file his pleadings, give legal advice, continue as partner, and have a partner or associate appear for him in court. *Under the 1973 Constitution, the prohibition against personal appearance covered only courts inferior to an appellate court, courts in a civil case wherein the government is the adverse party and administrative bodies. Now, the prohibition is against “any” court, thus including the SC and CA, regardless of action. LEGISLATIVE DEPARTMENT POWERS – power to make, repeal, amend laws (only to ordinary legislations) General Plenary Powers 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 - is the authority to propose, enact, alter and repeal laws Consitution vest legislative power in  Congress  Extent reserved to the people by the provision on initiative and referendum. *The 1987 Constitution has thus restored bicameralism. Advantages of Bicameralism  allows for a body with a national perspective to check the parochial tendency of representatives elected by district;  allows for more careful study of legislation;  makes the legislature less susceptible to control by the Executive;  servers as training ground for national leaders. Advantages of Unicameralism  simplicity of organization resulting in economy and efficiency, facility in pinpointing responsibility for legislation; and  avoidance of duplication Kinds of Legislative Power: In republican systems, 2 kinds  original – possessed by the sovereign people;  derivative – power delegated by the people to legislative bodies; this is the power vested in Congress. *Can also be be classified into  constituent - the power to amend or revise the Constitution  ordinary - the power to pass ordinary laws With regards to the sovereign people,  constituent is through the amendment process, and  ordinary is through initiative and referendum. Kinds of limits on legislative power  substantive – limits the content of the law  procedural – manner of passing laws Subject matter that congress legislate  Without prejudice to limitations, Congress may legislate on any subject matter;  Legislative power of Congress in plenary, as distinguished from the US Congress which are vested only with legislative powers enumerated in the Federal Constitution.

May congress pass irrepealable laws?  No. The power of present and future legislatures must remain plenary. When one legislature attempts to pass an irrepealable law, to that extent it attempts to limit the power of future legislatures. *Legislative power can only be limited by the Consitution May Congress delegate its legislative power?  No. Legislative power must remain where the people have delegated it. Exceptions: o by immemorial practice legislative power may be delegated to local governments. o Article VI, Section 23(2) to wit: In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof. o Article VI, Section 28(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. When legislative power is delegated, what is the scope of the delegated power?  The scope is only as far as Congress allows it. Thus, delegated legislation may not violate a statute. Is not legislative power delegated to administrative agencies?  No. What is delegated is rule-making power or law execution. In order to ensure that the power delegated by the legislature is not lawmaking but merely law execution, what qualities must the delegating law possess?  It must be complete in itself – it must set forth herein the policy to be carried out or implemented by the delegate  fix a standard – the limits of which are sufficiently determinate or determinable to which delegate must conform in the performance of his functions Rules and regulations promulgated by administrative agencies  have the force of law  have the force of penal law o provided that the following conditions are met:  the delegating statute itself must specifically authorize the promulgation of penal regulations;  the penalty must not be left to the administrative agency but must be provided by the statute itself  The regulation must be published in the Official Gazette or a newspaper of general circulation Laws – policy – telling the people what to follow and what not to do Who may exercise:  Congress – POLICY (not law – WATCH OUT!) makers – they need to be elected o democracy – will of the people – they are the representation of the people  People - initiative and referendum – ordinary law only *How about amendment to the constitution?  It is part of the power of congress, but it is not part of its legislative power *Initiative and referendum – enough laws for people to pass ordinary laws – not to the constitution Legislative Mill

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SONA – president recommends urgent matters; suggestion Suggestions – can also be made by private individuals, interest group and legislators themselves

REQUIREMENT AS TO BILLS Subject and Title Section 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. 1. One subject a. to prevent Hodgepodge – several subjects not related to the main subject of the bill *Why only one subject?  to avoid confusion  practical consideration – easier to study  to prevent riders b. to prevent unpopular matters passed along with a popular matter 2.

Expressed in the title  if provision are germane to the title, then you don’t have to indicate in the title the contents of every provision

As to Specific Laws Section 22. The President shall submit to the Congress, within thirty days from the opening of every regular session as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures. 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, but the Senate may propose or concur with amendments. *Can you file a draft to the senate before it could be heard to the house first? - You can General Rule: Draft can come from either chamber Except : 6 bills  all appropriations  revenue  tariff bills  bill authorizing increase of the public debt  bills of local application  private bill *theory that elected as they are from the districts, the members of the House can be expected to be more sensitive to the local needs and problems *senators are expected to approach the same problems from the national perspective *Nor does the Constitution prohibit the filing in the Senate of a substitute bill in anticipation of its receipt of the bill from the House, so long as action by the Senate as a body is withheld pending receipt of the House bill. - WATCH OUT!  6 bills – “shall originate” - initiated by the lower house Section 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 by the National Treasurer, or to be raised by a 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 offices 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 the general appropriations bill is passed by the Congress. Section 29. (1) No money shall be paid out of the Treasury except in pursuance 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, sectarian institution, or system of religion, or of any priest, preacher, minister, other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium. (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 only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government. There must first be a law enacted by Congress appropriating a particular sum or sums before payment thereof from the Treasury an be made.  decrees issued - just a continuing governance of the large segment of the Philippine economy  laws by Congress - pertains to the legislative department, as the policy-determining body of the Government In connection to education as highest budget Sec. 5, Art. XIV of the Constitution “(5)The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.” *What if we allocate bigger appropriation other than education?  Allocating bigger appropriation to payment of debts than education is not unconstitutional because not only a matter of honor and to protect the credit standing of the country, the very survival of the country's economy is at stake (Guingona vs Carague) Section 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 personages or convents appurtenant thereto, mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from taxation. (4) No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress. Art. XIV Sec. 4(3) and (4) No educational institution shall be established exclusively for aliens and no group of aliens shall comprise more than one third of the enrollment in any school. The provisions of this sub section shall not apply to schools established for foreign diplomatic personnel

and their dependents and, unless otherwise provided by law, for other foreign temporary residents. All revenues and assets for non-stock, non-profit educational institutions used actually, directly, and exclusively for educational purposes shall be exempt from taxes and duties. Upon the dissolution or cessation of the corporate existence of such institutions, their assets shall be disposed of in the manner provided by law. (Lung Center vs Quezon City) Exemptions  The exemption must not be so enlarged by construction since the reasonable presumption is that the State has granted in express terms all it intended to grant at all, and that unless the privilege is limited to the very terms of the statute the favor would be intended beyond what was meant.  tax exemption under this constitutional provision covers property taxes only  those exempted from real estate taxes are o lands, o buildings and o improvements actually, directly and exclusively used for religious, charitable or educational purposes Charitable Institution - not restricted to relief of the poor or sick.  whether it exists out a purpose reorganized in law as charitable or whether it is maintained for gain, profit or private advantage *charitable institution does not lose its character as such and its exemption from taxes simply because it derives income form paying patients, whether out-patient, or confined in the hospital, or receives subsidies from the government, so long as the money received is devoted or used altogether to the charitable object which it is intended to achieve; and no money inures to the private benefit of the persons managing or operating the institutions (Lung Center vs Quezon City)  money received by the petitioner becomes a part of the trust fund and must be devoted to public trust purposes and cannot be diverted to private profit or benefit Procedure for passage of bills Section 26(2) No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal. *Exception applies to three readings on separate days and distribution to members (Tolentino vs. Secretary of Finance) st

1 Reading:  reading of title/authors  referral to appropriate committee o Committee studies and recommends:  if action is favorable, a report is submitted thru committee on rules  if unfavorable, bill is laid on the table (author’s informed) – not calendared on 2nd reading 2nd Reading  speech of the sponsor (sponsorship speech) o torno en contra – those who disagrees  Period of Debate  Period of Amendments o Individual amendments – legislatures themselves o committee amendments – bicameral committee *Art VI Sec 26 Par 2 - printed copies of the bill – 3 days before the voting  Voting (NOT SUCH WORD AS VOTATION) – vote for the amendments – the bill itself o if favorable, calendared for the third reading o if unfavorable, transmit to archives 3rd Reading  distribution of bill in final form

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roll call vote if approved, transmittal for action tot eh other house if disapproved, transmit to archives

*go to the other house, the same process  it is possible that there are different versions of the bill coming from different houses o it will go to the Bicameral Committee – to reconcile conflicting provisions *In the hope of harmonizing, can the Bicameral Committee draft an entirely new provision not discussed in the two house?  May present germane provisions; they can because they will submit it to both house for approval.  If approved, sent to President. *Exception to the requirements of passing the bill  If there is a Presidential Certification - can certify only if there is a necessity to meet an emergency or of public calamity *What is meant by emergency? – Any thing that is unusual *Budget deficit is a common occurrence, not an emergency, not discretion of president; something to tow line of meaning of emergency (Tolentino) *What is the effect of that certification?  dispenses the printing and distribution of the copy of the bill  dispenses the 3 readings in 3 SEPARATE DAYS o DAYS ONLY, THERE IS STILL 3 READINGS *Can a revenue bill draft by the upper house while the lower house are still debating on the said bill? – Yes  “must originate from the lower house” as long as initiation of the bill is from the HR – 6 bills (refer above) *House transmitted to Senate Sin Tax, Senate may propose amendments to it - Amendment by substitution - entirely new version Presidential Action – when the bill reaches the president 1. Approve / Sign – becomes law 2. Veto – bill sent back to the house of origin with veto message 3. Inaction with 30 days from receipt – lapses into law as if he has signed it - Law by Presidential Inaction *Why is there an instance that president may choose not to act and not explain why he doesn’t like it? - President saving himself from embarrassment and saving himself form being unpopular of approving an unconstitutional law How President Vetoes a Bill? Section 27  returned to originating house with explanation (veto message) o veto accepted or o override of veto by 2/3 vote of both houses General Rule: He has to veto the entire bill or not at all Exception: Appropriation, Revenue and Tariff bill  - with amount and purpose; provision must relate a particular item in the bill  permit the President the particular ITEM o ITEM = “line” – the amount + relevant provision / purpose o he must veto the entire provision *but if it did not relate and irrelevant to particular item, it deemedto be INAPPROPRIATE PROVISION – deemed an item for purpose of veto power of the president  he can veto those irrelevant phrases in the provision if it is not related to the purpose or INAPPROPRIATE PROVISION Effectivity of Laws – (balik2, wa na ka nalipong?) *last step – Publication (PAG PERSONS OI, PARA MAKABAW KA!) WEDNESDAY: specific requirement on specific bills