III. LEGISLATIVE DEPARTMENT the purpose.

A. Who may exercise Legislative Power? Three systems of Two kinds of

Section 1 The legislative power shall be initiative: referendum
vested in the Congress of the Philippines
which shall consist of a Senate and a House i. Initiative on i. Referendum on
the statutes – a
of Representatives, except to the extent
Constitution – petition to
reserved to the people by the provision on refers to approve or reject
initiative and referendum. petition an act or law, or
1. Congress proposing part thereof,
Legislative Power is the power to amendments passed by the
propose, amend and repeal laws. This to the Congress.
power is vested in the Congress ( Art VI, Constitution ii. Referendum on
ii. Initiative on local laws – a
Sec1, 1987 Constitution)
Statutes – petition to
2. Regional/Local Legislative Power refers to a approve or reject
What is delegated to administrative petition to a law, resolution
agencies is merely the power to make enact a or ordinance
and issue rules, not the power make national enacted by
and pass laws. In cases involving the legislation regional
iii. Initiative on assemblies and
issue of whether or not there was a
Local local legislative
valid delegation of power, our courts
Legislation – bodies.
have to find out the following: refers to
1. Is the law which delegates petition
powers complete in itself, or proposing to
does it not set forth the policy enact a
to be executed by the delegate regional,
provincial, city
(completeness test)
or municipal
2. Does the law fix standard or barangay
limits which are sufficiently law,
determinate or determinable resolution or
to which the delegate must ordinance.
conform (sufficient standard
test)
3. People’s Initiative on Statutes The President under Martial Law rule or
in a revolutionary government
Initiative Referendum The Congress may, by law, authorize
(Sec 3(a), RA No. (Sec3(a), RA No. the President to exercise emergency
6735) 6735) powers under Section 23(2), Art VI of
the 1987 Constitution. Due to
It is the power of It is the power of
situations caused by war or other
the People to the electorate to
propose approve or reject national emergency and in order to be
amendments to the legislation able to act promptly, the President may
the Constitution through an action be authorized by Congress to exercise
or to propose or called for the emergency powers, instead of Congress
enact legislation purpose. itself going through the law-making
through an
process, which is necessarily subject to
election called for
 protracted discussion and debate. The a. Compostition – composed of not
amount of time consumed for this more that two hundred and fifty
process entails serious delay in the members who shall be elected
solution of the problems which actually from legislative districts (Sec 5(1),
need immediate solutions. ArtVI, 1987 Constitution). They are
composed of:
B. House of Congress i. District Representatives –
1. Senate there shall be no less than
a. Composition – composed of 24 two hundred members in
senators who shall be elected at the House of
large by the qualified voters of the Representatives.
Philippines, as may be provided by ii. Party-list representatives
law (Sec2, Art VI, 1987 – there are fifty seats
Constitution). initially allowed to the
b. Qualifications – party-list members, to be
i. Natural-born citizen of the chosen from the various
Philippines parties listed in the
ii. At least 35 years of age on Commision on Elections
the day of the election which have presented
iii. Able to read and write candidates in the election
iv. A registered voter (Sec5(1) and (2), ArtVi,
v. A resident of the 1987 Constitution). These
Philippines for not less members are called and
than two year referred to as sectoral
immediately preceding representatives.
the elections. (Sec3, Art b. Quallifications –
VI, 1987 Consitution) i. Natural-born citizen of the
c. Term – Six (6) years which shall Philippines
commence at noon on the thirtieth ii. At least 25 years of age on
day of June next following their the day of the election
election. (Sec4, Art VI, 1987 iii. Able to read and write
Constitution) iv. A registered voter in the
d. Re-election – No senator shall district where he shall be
serve for more than two elected
consecutive terms. Voluntary v. A resident in the district
renunciation of the office for any for a period of not less
length of time shall not be than 1 year immediately
considered as an interruption in preceding the day of the
the continuity of his service for the election (Sec6, ArtVI, 1987
full term for which he was elected. Constitution)
(Sec4, Art VI, 1987 Constitution) c. Term - Three (3) years which shall
e. Manner of election – elected at commence at noon on the thirtieth
large by the entire electorate day of June next following their
(Sec2, Art VI, 1987 Constitution) election. (Sec7, Art VI, 1987
2. House of Representatives Constitution)
 d. Re-election - No member of the each qualified party, regardless of the number
House of Representatives shall of votes it actually obtained is entitled to a
serve for more than three maximum of three seats (1 qualifying and 2
consecutive terms. Voluntary additional seats) Proportional representation –
renunciation of the office for any the additional seats which a qualified party is
length of time shall not be entitled to shall be computed “in proportion to
considered as an interruption in their total number of votes.”
the continuity of his service for the
full term for which he was elected. Banat vs. Comelec, 
 April 21, 2009
(Sec7, Art VI, 1987 Constitution)
e. Manner of election – directly We cannot allow the continued existence of a
elected from various legislative provision in the law which will systematically
districts (Sec5(1), Art VI, 1987 prevent the constitutionally allocated 20%
Constitution) party-list representatives from being filled. The
three-seat cap, as a limitation to the number of
Party List System seats that a qualified party-list organization may
occupy, remains a valid statutory device that
Party-List Representatives – who shall constitute prevents any party from dominating the party-
20% of the total number of representatives, elected list elections. Seats for party-list
through a party-list system of registered national, representatives shall thus be allocated in
regional, and sectoral parties or organizations. accordance with the procedure used in Table 3
above.
Party-List System Act - R.A. 7941
Atong Paglaum vs. Comelec, April 2, 2013
The party-list representatives shall constitute Three different groups may participate in the
twenty per centum (20%) of the total number of party-list system: 1) national parties or
the members of the House of Representatives organizations, 2) regional parties or
including those under the party-list. organizations, 3) sectoral parties or
the parties, receiving at least two percent (2%) organizations. National parties or organizations
of the total votes cast for the party-list system and regional parties or organizations do not
shall be entitled to one seat each those need to organize along sectoral lines and do not
garnering more than two percent (2%) of the need to represent any “marginalized and
votes shall be entitled to additional seats in underrepresented” sector. Political parties can
proportion to their total number of votes; each participate in party-list elections provided they
party, organization, or coalition shall be entitled register under the party-list system and do not
to not more than three (3) seats. field candidates in legislative district elections. A
political party, whether major or not, that fields
candidates in legislative district elections can
Veterans Federation v. COMELEC, October 6,
participate in partylist elections only through its
2000
sectoral wing that can separately register under
the party-list system.
20% Allocation- the combined number of all
party-list congressmen shall not exceed 20% of
(Source: 2018 Political and Public International
the total membership of the House of
LawAtty. Cecilio D. Duka, Ed.D.)
Representatives. 2% threshold – only those
parties garnering a minimum of 2% of the total When a person is considered a member of Congress.
votes cast for the party-list system are qualified
to have a seat in the House. Three seat limits –
Q: A petition was filed to cancel the COC of Reyes 2016). (Source: ABRC2017 Special Lecture Notes in
as candidate for the position of Representative of Political Law)
the Lone District of the Province of Marinduque
C. Legislative Privileges, Inhibitions and
alleging material misrepresentation. The petition
Disqalifications
was granted but she filed a motion for
reconsideration. During the pendency of the MR, Immunities (Sec11, Art VI, 1987
the elections were held on May 13, 2013 and on Constitution)
May 14, 2013, the COMELEC en banc affirmed the 1. Privilege from Arrest – in all offenses
resolution. But despite such affirmation the PBOC punishable by not more than 6 years
of Marinduque proclaimed Reyes as the winner. imprisonment, a senator or a member
of the house of representatives shall be
Velasco filed a Petition for Certiorari with the
privileged from arrest while the
COMELE assailing the proceedings of the PBOC and congress is in session.
the proclamation of Reyes, that it is void. It was 2. Parliamentary privilege of speech – the
initially denied but it was reconsidered by the senators or the representatives shall
COMELEC and declared that the proclamation of not be questioned nor be held liable in
Reyes was void. Reyes, however took her oath as any other place for any speech or
elected representative, hence, Velasco filed a debate in the congress or in any
committee thereof.
petition for mandamus to compel Belmonte to
allow him to assume office. Reyes, however, Conflict of Interest (Sec12, Art VI, 1987
contended that since she has taken her oath Constitution)
already, the HRET has the power to decide the Q: Under Section 12, Art VI of the 1987
issue, hence, the mandamus case is not the proper Constitution, senators and members of the
remedy. Is the contention of Reyes correct? Explain. house of representatives shall make full
disclosure of their financial and business
interest and shall notify the house
A: No. HRET has no jurisdiction to try the said case. concerned of a potential conflict of interest.
Reyes cannot assert that it is the HRET that has When shall they make their full disclosure
jurisdiction over her. To be considered a Member of and notice? Why?
the House of Representatives, there must be a A: they shall do so upon assumption of
concurrence of the following requisites: (i) a valid office (sec12, art VI, 1987 Constitution) to
proclamation, (ii) a proper oath, and (iii) assumption prevent them from using the influence of
of office. their position and to reduce, if not
Reyes was not yet considered a Member of eliminate, the propagation of their personal
the House of Representatives. The most crucial time and business interest, especially those
is when Reyes's COC was cancelled due to her non- which are contrary to and adverse to public
eligibility to run as Representative of the Lone interest.
District of the Province of Marinduque - for without
a valid COC, Reyes could not be treated as a Incompatible and Forbidden Offices (Sec13,
candidate in the election and much less as a duly ArtVI, 1987 Constitution)
proclaimed winner. That particular decision of the 1. They cannot hold incompatible offices
COMELEC was promulgated even before Reyes's which means that they cannot
proclamation. simultaneously hold the incompatible
Hence, the Petition for Mandamus was office while serving their term in
granted. Speaker Belmonte, Jr. and Sec. Gen. Barua- offices.
Yap were ordered to acknowledge and recognize the 2. They cannot be reappointed to any
final and executory Decisions and Resolution of this office which may be created or the
Court and of the COMELEC by administering the oath emoluments thereof increased during
of office to Velasco and entering the latter's name in the term for which they are created.
the Roll of Members of the House of Representatives General Rule: A senator or a member of the
(Velasco v. Belmonte, G.R. No. 211140, January 12, house of representatives may not hld any
 other office or employment in the may provide (Sec 16(2), ArtVI, 1987
government or any subdivision, agency or Constitution)
instrumentality thereof, including GOCCs
and their subsidiaries, during his term Rule of Majority – the will of the greater
without forfeiting his seat. number of people, whether referring to the
Exception: If it is shown that the said ‘other citizens of the Philippines who choose theur
office or employment’ is an extension of the representatives, or to a number of people in
legislative duties. a community or organization, who chooses
Crucial test: whether one office is their officers.
subordinate to the other office in the sense
that one office has the right to interfere Different interpretation if what
with the other (Adaza vs. Pacana 135 SCRA constitutes a majority
431) 1. Proclamation of martial law or
suspension of the privilege of
Inhibitions and Disqualifications (Sec14, Habeas Corpus
ArtVI, 1987 Constitution) The said majority apparently
1. During their term in office, they cannot refers to the majority vote of all the
personally appear as counsel in: (a) any members of each house, voting
court of justice; or (b) before Electoral jointly. This means one-half plus one
Tribunals; or (c) before quasi-judicial of the total membership (Sec18,
and other administrative bodies. ArtVII of the 1987 Constitution)
2. During their term of office, they cannot 2. Quorum of each house
directly or indirectly be interested The said majority refers to the
financially in any contract or franchise majority vote of each house
of privilege granted by the government (Sec16(2), ArtVI, 1987 Constitution)
or in any subdivision, agency or 3. Suspension or expulsion of a
instrumentality thereof, including any member
government owned or controlled This refers to two-thirds vote of
corporation, or its subsidiary. all members of each house
3. During their term of office, they shall (Sec16(3), ArtVI, 1987 Constitution)
not intervene in any matter before any 4. Constitutionality of a treaty,
office of the government for their international or executive
pecuniary benefit or where they may agreement or law
be called upon to act on account of The said majority does not refer
their office. to the majority vote of the justices
of the Supreme Court composed of
D. Quorum and Voting Majorities fifteen members, but possibly only
Quorum – the number of persons of the to five out of eight members, or
body which, when legally assembled in their three out of five members thereof,
places, will enable the body to transact its who actually took part in the
proper business; that number that makes a deliberations of the issue in the case
lawful body and give it power to pass a law and who voted thereon, the said
or ordinance or do any other valid number being the majority of eight,
corporate act. or majority of five members who
Q: what constitute a quorum to do actually took part in the
business in each house? deliberations of the case and who
A: A majority of all the members of each voted thereon. (Sec4(2), Art VIII,
house shall constitute a quorum to do 1987 Constitution)
business, but a smaller number may 5. A majority of one
adjourn from day to day and may compel A dissenting vote of one
the attendance of absent members in such Sandiganbayan justice will prevent a
manner, and under penalties, as such house decision of the two other members
of the division as a unanimous vote
 is required for such decision. In that President make an appointment
sense, the lone dissenting vote is during the recess?
considered as the majority of one. A: Yes. But the said appointment is
subject to the consideration,
E. Discipline of members confirmation or rejection of the
Each House may determine the rules of Commission on Appointments. This is
its proceedings (Sec16(3), ArtVI, 1987 called an ad interim appointment.
Constitution)
Each House may punish, suspend or G. Powers of the Congress
expel its members for disorderly behavior, 1. Legislative
subject to the following conditions: a. Legislative Inquiries and oversight
1. Said punishment, suspension or functions
expulsion must have the concurrence Difference between the right of the
of two-thirds of its members legislature to conduct inquiry in aid
2. A penalty of suspension, when of legislation (Sec21, ArtVI, 1987
imposed, shall not exceed sixty days Constitution) and the power to
(Sec16(3), ArtVI, 1987 Constitution) conduct Question Hour (Sec22,
ArtVI, Constitution)
F. Electoral Tribunals and the Commission on
Appointments Sec21 Sec22
Nature and Powers 1. Under this 1. Under this
Electoral Tribunals – the senate section, section, Congress
and the house of representatives shall Congress has can conduct a
each have an electoral tribunal which the power to question hour,
shall be the sole judge of all contests conduct the objective of
relating to the election, returns and inquiries in which is to obtain
qualifications of their respective aid of information in
members. It is composed of 9 members legislation the pursuit of
(3 justices of the Supreme Court aim of which Congress
designated by the Chief Justice, the is to elicit oversight
most senior justice will be the information functions.
Chairman and 6 members of the senate that may be 2. Under this
or the house or representatives) used for section,
(Sec17, ArtVI, 1987 Constitution) legislation attendance is
Commission on Appointments – it 2. Under this discretionary,
is composed of the senate president as section, hence, it is valid
the ex-officio chairman, 12 senators attendance is for the President
and 12 members of the house of compulsory to require that
representatives elected by each house 3. Congress can consent be
on the parties of proportional compel the required first
representation. The chairman shall not attendance of before
vote except in case of a tie. The an executive subordinates
commission shall act on all official appear in
appointments submitted to it within Congress during
thirty session days of the congress from question hour.
their submission. The commission shall 3. Congress cannot
rule by a majority vote of all the compel the
members. (Sec18, ArtVI, 1987 appearance of
Constitution) executive officials
if the required
Q: If the Commission on consent of the
Appointments can meet only during president is not
the sessions of Congress, can the
 obtained first, or compel the attendance of
if no such consent witnesses. Corollary to the power
is given. to compel the attendance of
witnesses is the power to ensure
Legislative inquiries: Valid reason that said witnesses would be
to refuse attendance: The available to testify in the legislative
invitation does not indicate investigation.
possible needed statute, subject of
the inquiry and advance list of
questions: Invitations to attend Power of inquiry includes the
congressional inquiries should power to cite for contempt: The
contain possible needed statute conferral of the legislative power
which prompted the need for the of inquiry upon any committee of
inquiry, along with the usual Congress must carry with it all
indication of the subject of inquiry powers necessary and proper for
and the questions relative to and in its effective discharge. The
furtherance thereof." Compliance indispensability and usefulness of
with this requirement is the power of contempt in a
imperative. There must be an legislative inquiry is underscored in
advance list of questions. (See Neri a catena of cases, foreign and local.
v. Senate Committee on (Sabio v. Gordon, G.R. No. 174340,
Accountability of Public Officers October 17, 2006)
and Investigation, G.R. No. 180643,
March 25, 2008; Senate v. Ermita, The exercise by the legislature of
G.R. No. 169777, April 20, 2006) the contempt power is a matter of
selfpreservation as that branch of
How executive privilege must be the government vested with the
asserted: legislative power, independently of
Senate v. Ermita, G.R. No. 169777, the judicial branch, asserts its
April 20, 2006 authority and punishes contempts
thereof. (Sabio v. Gordon, G.R. No.
The claim of privilege must not be 174340, October 17, 2006) (Source:
implied, and must be clearly Political Law Reviewer 2017 by
asserted; there must be a formal Atty. Alexis Medina)
claim. The facts on which the claim
is based must be established; the Senate vs. Ermita, G.R. No.
precise and certain reasons for the 169777 April 20, 2006
claim of privilege must be
provided. The privilege must be The Congress power of
invoked by the President or on his
inquiry is expressly recognized
behalf.
in Section 21 of Article VI of the
Constitution.
Power of inquiry includes the Congress undoubtedly
power to compel attendance of has a right to information from
witness: the executive branch whenever
Standard Chartered Bank v. it is sought in aid of legislation.
Senate Committee on Banks, G.R. If the executive branch
No. 167173, December 27, 2007 withholds such information on
the ground that it is privileged,
The power of legislative it must so assert it and state the
investigation includes the power to
reason therefor and why it must
 be respected. the DBM, which reviews and
(Source: 2018 Political and Public determines whether such list of
International LawAtty. Cecilio D. projects submitted is consistent
Duka, Ed.D.) with the guidelines and the
priorities set by the Executive.”
b. Bicameral Conference Committee This demonstrates the power
c. Limitations on Legislative Power given to the President to
i. Limitations on revenue, execute appropriation laws and
appropriations and tariff
therefore, to exercise the
measures
All appropriation, revenue
spending per se of the budget.
or tariff bills, bills authorizing
increase of public debt, bills of
local application, and private bills Concept of the Pork Barrel System.
shall originate from the House of
The Court has defined the Pork
Representatives, but the Senate
may propose or concur with Barrel Systemas the collective body
amendments. (Sec24, ArtVI, 1987 of rules and practices that govern
Constitution) the manner by which lump-sum,
discretionary funds, primarily
The Power of Appropriation intended for local projects, are
utilized through the respective
Lawyers Against Monopoly and
participations of the Legislative and
Poverty (LAMP) v. The
Executive branches of government,
Secretary of Budget and
including its members. The Pork
Management, G.R. No. 164987,
April 24, 2012, En Banc Barrel System involves two (2) kinds
[Mendoza] of lump-sum, discretionary funds:

First, there is the Congressional

From the regulation of fund
Pork Barrel which is herein defined
releases, the implementation of
as a kind of lump-sum,
payment schedules and up to
discretionary fund wherein
the actual spending of the
funds specified in the law, the legislators, either individually or
Executive takes the wheel. “The collectively organized into
DBM (Department of Budget committees, are able to effectively
and Management) lays down control certain aspects of the
the guidelines for the fund’s utilization through various
disbursement of the fund. The post-enactment measures and/or
Members of Congress are then practices. x xx and
requested by the President to
recommend projects and Second, there is the Presidential
programs which may be funded Pork Barrel which is herein defined
from the PDAF (Priority as a kind of lump-sum,
Development Assistance Fund). discretionary fund which allows
The list submitted by the the President to determine the
Members of Congress is manner of its utilization. x xx the
endorsed by the Speaker of the Court shall delimit the use of such
House of Representatives to term to refer only to the
Malampaya Funds and the has equally impaired public
Presidential Social Fund. (Belgica, et accountability; insofar as it has
al. v. Exec. Sec. Paquito N. Ochoa, authorized legislators, who are
et al., G.R. No. 208566, 710 SCRA 1, national officers, to intervene in
50-51, November 19, 2013, En Banc affairs of purely local nature,
[Perlas-Bernabe]. despite the existence of capable
local institutions, it has likewise
The “Pork Barrel” System Declared subverted genuine local autonomy;
Unconstitutional: Reasons and again, insofar as it has
conferred to the President the
The Court rendered this Decision to
power to appropriate funds
rectify an error which has persisted
intended by law for energy-related
in the chronicles of our history. In
purposes only to other purposes he
the final analysis, the Court must
may deem fit as well as other public
strike down the Pork Barrel System
funds under the broad classification
as unconstitutional in view of the
of “priority infrastructure
inherent defects in the rules within
development projects,” it has once
which it operates. To recount,
more transgressed the principle of
insofar as it has allowed legislators
non-delegability. (Belgica, et al. v.
to wield, in varying gradations, non-
Exec. Sec. Paquito N. Ochoa, et al.,
oversight, post-enactment authority
G.R. No. 208566, 710 SCRA 1, 50-
in vital areas of budget execution,
51, November 19, 2013, En Banc
the system has violated the
[Perlas-Bernabe]. (Source:
principle of separation of powers;
ABRC2017 Special Lecture Notes in
insofar as it has conferred unto
Political Law)
legislators the power of
appropriation by giving them ii. Presidential Veto and
personal, discretionary funds from Congressional Override
which they are able to fund specific
projects which they themselves Q: In case the president has a veto
determine, it has similarly violated message, what are the two
possibilities that may happen?
the principle of non-delegability of
A: (1) The House where the bill
legislative power; insofar as it has
originated may take into account
created a system of budgeting the objections made by the
wherein items are not textualized President and make corresponding
into the appropriations bill, it has amendments in the bill to
flouted the prescribed procedure accommodate the requests or
ofpresentment and, in the process, wishes of the President. When this
happens, the bill, as amended will
denied the President the power to
again be presented to the
veto items; insofar as it has diluted President for his approval.
the effectiveness of congressional (2) The other possibility is that
oversight by giving legislators a two-thirds of all members of each
stake in the affairs of budget house may invalidate the veto and
execution, an aspect of governance convert the bill into law over the
which they may be called to objection of the president.
monitor and scrutinize, the system
 Q: Within what period shall the
President communicate his veto of
any bill?
A: The President shall
communicate his veto of any bill to
the House where it originated
within thirty days after the date of
the receipt thereof; otherwise, it
shall become law as if he had
signed it (Sec27(1), ArtVI, 1987
Constitution)

2. Non-legislative
a. Informing Function
b. Power of Impeachment
c. Other non-legislative powers
Power to canvass presidential
elections
Power to declare the existence of a
state of war