POL REV: LEGISLATIVE NOTES

ATTY BONG LOPEZ

How does Congress make a law?

Congress has 2 houses: House of Representatives and the Senate

A member of the house/senate is source of a bill.

A BILL is a proposed note. Not yet a law but may become a law. A member submits and files a bill with
the Secretariat. The secretariat puts in the agenda of the house or senate. The house or senate then calls
the bill ‘First Reading’.

First reading is just a matter of calling the title of the bill and designating a number in chronological order
as they come. Let’s say member of the house sponsored a bill an act increasing the salary of public
school teachers and appropriating…they will give it a number House bill xxx. Then they will vote whether
to pass the bill or not. In favor they say Yay, not in favor they say Nay. These yays and nays are recorded
in a book called a JOURNAL, very important document. If it passes on the 2st reading, perhaps it will be
forwarded to the committee of education and since it is an appropriation of money to the committee on
budget. These committees may conduct separately or jointly their hearing in order to come up with a draft
of the bill. Once it passes the committee level it goes back to the PLENARY, the Senate for the 2 nd
reading.

The 2ND READING is the full blown discussion and deliberation of the bill where the sponsor will have to
defend it from questions of his colleagues. This question and answer is called INTERPOLATION. The
sponsor of the bill must defend well the proposed law. He will be asked question as to the purpose and
the meaning of the phrases and words that will be used.

Ex. Ramon revival senior sponsored a bill to improve the quality of Philippine movies but he was not able
to defend it well in the interpolations. Instead of defining quality films, he enumerated PH bill.

When it passes the 2ND READING, there will be adjustments to the bill. It will be forwarded to the
concerned which will put the amendment to the provisions of the bill. After it will return to the plenary to
the 3rd reading.

In the 3RD READING there is no deliberation nor discussion. They will ask if in favor of passing or the bill
or not. Yays nays recorded in the journal. It then goes to another house for similar 3 readings.

The house produces more bills than the senate because the house has more members.

Senate 24 senators.

When it passes the Senate, it passes in both houses (in example).

House and senate are 2 different bodies composed of different minds.

A special BI-CAMERAL COMMITTEE is created when sponsors from the house and senate produce the
same bill, in order to reconcile the 2 versions. BI CAMERAL CONFERENCE members are those from
both houses, usually the proponents of the bill. When they finish the bi cameral conference committee,
pwedeng magdagdag, Alis ang both house, in fact they can come up with totally different bills, as long as
the subject is one and the same. The final draft of a bi-cameral committee is an ENROLLED BILL. This
is what the President signs for approval to become a law. When this is challenged because of
constitutionality, this becomes the basis of the SC for interpretation.

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In case there is a conflict between the journal and enrolled Bill, which must prevail? It depends! If what is
discussed is the content of the final draft (that draft read by the President), it is the Enrolled Bill that is
controlling. If the contention is If you got enough votes to pass the law then the journal is more controlling.

The deliberation should also be recorded or in case there is a need to interpret the intent of the framers of
the law, they should maintain the minutes of the congressional hearing.
Enrolled Bill is passed to the president for approval.

There are certain rules in passing a law.

1) The bill must be passed in 3 separate readings, on different and separate dates. The 3
readings cannot happen in one day to give time for discussion with the public and for proper
appreciation by members of the Congress.
2) Kailangan all members of the house or senate shall receive a printed copy (not a soft copy) of
the proposed bill 3 days after the schedule session. The exception to this rule, if the President
calls for a special session or certifies a bill to be urgent then exception to the rule, the bill can be
passed in 3 separate readings on the same day and the printed copy to be submitted in advance
is dispensed with because of the urgency of the bill. Another limitation.
3) A bill must contain only one subject matter. When members of either house vote in favor or
against the bill they must know what they are approving or rejecting. And the bill must contain
only one title embracing the subject matter of the bill. A RIDER is a provision in the bill or law
which has nothing to do or has little relation to the subject matter of the bill. When it is
questioned in the SC, it can be struck down for being a rider. A rider is unconstitutional because it
because it violates the one title, one subject rule. In imbong v Ochoa, the issue raised is that the
RH law violates the one title, one subject rule because the title is reproductive health and
responsible parenthood act. The SC said that the one title subject rule expresses the principle
that the title of the law must not be so uncertain that the average person reading it would not be
informed of the purpose or put an inquiry of its contents or if it is deceiving. The provisions should
not be uncertain that even ordinary and average person cannot determine the certainty of the law.
Or does not inform the purpose of the law or that such law is misleading. The SC said the one
subject one title rule is satisfied if the title is comprehensive enough to include subjects
related to the general purpose which the statute seeks to address or attain. It need not
express everything in the title because the title is not required to complete idents of all the
contents of the law. Considering that there is a close intimacy between reproductive health and
responsible parenthood which bears the attainment of the goal of sustaining human development,
as stated in the purpose of the law, it satisfied the one subject one title rule, because such rule
does not require that the title includes everything in the content. Also there is no proof that
Congress intentionally sought to deceive the public as to the content of the enacted legislation.
4) If the bill contains appropriation of funds or imposition of taxes, the bill must always originate from
the House of Representatives. Because they have constituents. Senators elected by the whole
country concern themselves more with national issues but since this involves public funds, the
constituents need to consulted. The granting of franchise must also originate from the House of
Representatives. Since the bill must originate from the HOR, is it necessary that the 3 readings
finish with the house before the Senate can sponsor a similar bill or a corresponding bill in
relation to that subject matter? SC said No, senate can file a bill in anticipation of the house bill as
long as they do not pass it in 3 readings. To save time. But they cannot pass such bill in the
senate without first receiving the version of the house.

When the Enrolled Bill is passed by the bi cameral conference committee to the president for approval. If
the president approves he signs the bill and says ‘approved.’ Then the bill becomes a law after publication
in a newspaper of general circulation. Without publication it cannot be enforced. The people have the right
to know that there is such a law in order to comply with the provisions. Implementing a law which is not a
publication is a violation of the people’s substantive due process. If the president does not like the bill, he
signs the bill and says ‘veto’.

VETO is the power of the President to disapprove. If the president vetos the bill, he must veto the entire
bill. He cannot approve one time and veto another item. He must veto the entire bill and he must explain

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the reason for the veto, this explanation must be contained in the journal. The bill is sent back to the
house where the bill originated. What can the members of either house do with the vetoed bill? They
can override the veto power of the president. However when they override it requires 2/3rds of
votes of both houses. When they passed it the first instance, they only needed the vote of the SIMPLE
MAJORITY. But now that the president vetoes it it requires 2/3 to override power of the president. This is
the overriding POWER OF THE POPULACE. If the congress (both houses) overrides the power of the
president then the bill becomes a law despite the disapproval of the president. The president must then
simply implement the law. And it will become a law after publication in a newspaper of general circulation
and the official gazette. There are 2 ways for the bill to become law. If the Enrolled Bill is submitted to the
president and the president fails to sign the bill within 30 days from the time it was submitted to him then
the bill becomes a law by presidential inaction (3RD WAY), and will take effect after publication. This was
designed as a political strategy. Sometimes kasi a bill is controversial. This tactic is imp lang in the 1935
constitution cuz the president then could be elected for a 2 nd term.

There are laws that get passed imposing a tax. The power to tax is inherently legislative.

Can congress pass a tax law even if the constitution does not delegate that power to congress? Yes
because the power to tax is an inherent power of the state which is legislative in character which does not
require a legislative grant.

Limitations on taxation. Must be uniform and equitable. Sometimes what is uniform is not equitable.
Progressive taxation means the richer you grow the bigger the percentage of tax.

In granting tax exemptions, it must be approved by majority of Congress (both houses). There are
certain constitutional exceptions from taxation like
1) religious institutions. Exempt because of the separation of the church and state. To remove this
tax exemption you will have to amend the Constitution.
2) Charitable institutions are also exempt.
3) Educational institutions also exempt because they are of primary importance to state policy.
This exemption applies only to land, buildings and improvements which are actually, directly and
exclusively used for such charitable, educational or religious institution. So if you give a donation to the
priest it is a gift tax and not property tax.

Congress has an important non legislative function and that is the appropriation of money. It is congress
who approves the national budget.

MEMBERSHIP OF THE LEGISLATIVE DEPARTMENT.

Regular election for members of congress is every 2 nd Monday of May unless otherwise provided by
law. They can change the day but the general rule it is on the 2 nd Monday.

LEGISLATE is to make laws.

Congress has 2 houses: senate and House of Representatives. One is not higher than the other they only
differ in their composition.

Senate is in the reclamation below sealevel. HOR is in the bundok.

In the Uk, they have a parliament. House of Commons elected by the people in districts. In the
mezzanine, here we have the House of Lords, they are there because of their nobility queen king duke
knights.

Senate is composed of 24 senators. They have a 6 year term and they can be elected for not more
than 2 consecutive terms. They can elected for 3 terms? Yes provided they are not consecutive terms.
Can they be elected for 10 terms? Yes provided that every 2 consecutive there is a gap.

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Election Day is every 2nd Monday of may every 3 years. Every 3 years only 12 senators are elected.
Reason for this is so that there is continuity of legislative policy. HOR is not a continuing body.

When the 1987 constitution and they elected members of senate for the first time, we elected 24
senators. The first 12 with term of 6 years. Send half of 12 senators only for 3 years. Unlike in the 1935
constitution, there were 16 senators only. Their term was 4 years.

Senate is a continuing body. They are elected at large over the Philippines. During Election Day, we
choose 12 senators with a term of 6 years. The problem is you want to vote only for 11 but you need to
vote for 12 kasi sayang yung 1 vote.

Senate is an independent body. They elect their own officers, formulate their own rules, discipline their
own members, create their own committees as well as the chair and members of the committees. Who
are the officers of the senate? Senate president NOT RECORDED XXXXX

The minority party leader must not come from the majority. If we had a 2 party system the majority will
come from the dominant party and the minority will come from the opposition, but are political system is
not like this. We have a MULTI PARTY SYSTEM. Unlike in the 1935, 2 party system lang so we known
who is majority and who is minority. Majority they are the government, minority are the opposition.

Satin may majority party, tas ang daming minority party. Those in the minority will choose a minority floor
leader.
It difficult to get a minority floor leader. They have to agree among themselves.

The SENATE PRESIDENT is the presiding officer of the Senate. In the US, the VP is automatically the
ex officio senate president. The VP votes in case there is a tie in the senate. The VP here in the PH
doesn’t do anything, waits for president to die. Problem here the P and VP are not from the same party.

They formulate their own rules. It must published and a copy most of given to the ONAR. OFFICE OF
THE NATIONAL ADMINISTRATIVE RECORDS IN THE UP LAW CENTER. Otherwise it will not take
effect.

Create their own committees. Chairman, Vice chairman and members in every committee. The
consitutition requires that the minority is represented in each committee. Since there are many
committees, they can decide among themselves the minority where they want to place.

QUALIFICATIONS OF A SENATOR
1) Natural born filipino citizen
2) On the day of the election at least 35 years old
- Ninoy Aquino when he filed certificate of candidacy was only 34 years old. On Election Day
he was still 34. He was being disqualified due to his age. His lawyer, good one, won the case
by saying that he should be at least 35 on the day of his election, the day he was proclaimed.
That’s why the constitution clarified the words in the 1987 constitution. Inserted the words on
the day of the election.
3) 2 year residence in the PH immediately preceding the election
- Residence (SC) means DOMICILE, permanent home where you intend to stay. You may
have multiple residences but only one domicile.
4) A registered voter
5) Able to read and write on the day of the election
- LITERACY REQUIREMENT.
- Ex. He is educated but he suffered an accident so his hands and eyes were injured. Does it
mean he cant run for senator? No clarification.
- You don’t need to read and write to be a voter.
- HOR also has this req.

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RA 9225 Natural born siya but he lost his citizenship because he naturalized in a foreign state.
Remember rebaldo case?

Job of the Congress to make laws. However sometimes the laws are not clear. When the law is clear,
there is interpretation. SC INTERPRETS. BEFORE TO BE A MEMBER OF THE sc, YOU NEED TO BE A
LAWYER, 15 YEAR EXPERIENCE AS A LAWYER OR A JUDGE OF AN INTERIOR COURT, PROVEN
INTEGRITY, COMPETENCE AND PROBITY.
Which is more important ot make the law or interpret MAKE THE LAW. Because of the law is clear there
is no need to interpret.literarcy requirement was put in place so that the law is clear.

HOUSE OF REPRESENTATIVES
Also an independent body. They choose heir own officers, create their own committees, formulate their
own rules, discipline their own ranks. Their officers are the SPEAKER, DEPUTY HOUSE SPEAKER,
SPEAKER CONTEMPORAE, MAJORITY FLOOR LEADER AND MINORITY FLOOR LEADER.
The speaker and speaker contemporae come from the majority floor party. Because we are a multi party
system, there are many minority parties. Individually they are not more than majority party.

Formulate their own rules. Must be published in official gazette.

They create their own committees. Sometimes these committees have a corresponding one in senate for
ex, the Blue Ribbon Committee. According to the SC, each party must be represented proportionately,
meaning if the party has more reps Than the house then you have more reps in the committee. Pero
dapat Lagi may minority sa isa.

What if you are the only one who one in your party. How can you get this PROPORTIONATE
REPRESENTATION? The SC said then you will not have representation.

QUALFICIATIONF OF MEMEBERS OF THE HOUSE

1) Natural born
2) On the day of the elecition, at least 25 years old (except 30 years old in the youth)
3) Able to read and write
4) Registered voter in the place where he ran as member of the house
5) Resident of the PH not less than 1 year preceding the election
- Why the diff between member of HOR and senate. Cuz senator voted by the whole of the ph.
Members of the house are voted by the people in their district.

Composition of the House must not be more than 250 MEMBERS, UNLESS CONGRESS INCREASES
THE NUMBER. In order to increase, there must be a law passed by both houses of Congress. Members
of the senate are called senators, members of the HOR are called REPRESENTATIVES. You don’t cll
members of the House Congressman.

3 KINDS MEMBERS OF THE HOUSE

1) District representatives
- Elected by registered voters in their LEGISLATIVE DISTRICT.
- How where districts divided or came to be? In the constitution, the end contains an ordinance.
The ordinance apportions the legislative district of the PH. They are divided proportionally
according to the population so there is uniform representation in Congress.
- There is now REAPPORTIONMENT. It is a realignment or change in the legislative district
brought about a change in population (not registered voters), and mandated by the
constitution’s quality of representation. (Ex tondo dumami ang district). The more people the
more districts are added.
- REDISTRICTING based on the number of inhabitants in a place, and not based on registered
citizens. (Every 10 years we have a census thru which we determine if the population
increased). Within 3 years from census, the congress has to determine if there is a need for
redistricting.

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 - Power of congress to create LGUs province city barangay ARMM. Needs a law. A plebiscite
is needed approving the law or organic act creating it. When creating a LEGISLATIVE
DISTRICT, A LAW IS NEEDED BUT PLEBISICITE IS NOT. Because the purpose of LD is
created not as subdivision of the state but only for purposes of determining equal
representation of congress in the house. A city has a population, income, land area
requirement. In creating a province, we need income requirement which is 20m, population
requirement 250k, area 2k square km. In creating a province you need income and
population or income and land area. The constitution said when the city has at least 250k
population, they are entitled to 1 representative!!! If not they are not entitled. There are some
cities that don’t have 250k such as component cities. Provinces whether they have 350k
population less or more, simply because they are a province they are entitled to at least 1
representative.
- Can congress delegate the creation of a LGU? Yes, the congress delegated the creation of a
branagay to sanguniang panlalawigan/panlungsod.
- ARMM is composed of provinces and cities. The autonomous assembly passed an ordinance
creating a province. The SC said the power to create province cannot be delegated. Local
government cannot create a national office. A PRESENTATIVE IS A NATIONAL OFFICE.
- City 120k population, entitled to 1 rep. Many years passed 409k population. The congress
passed a law creating 2 districts in the area. SC said the 250k requirement for 1
representative is for the initial creation of a city, after they can have more even if the city
population has not increased to 250k.
- There must be a certification from the NSO that the population is indeed that number. NSO is
composed of a board. The certification is a decision of the majority of the board. The
executive director cannot issue a certification.
2) Sectoral
3) Party list representatives
- Article 6 sec 5 par 2, for 3 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 community,
women, youth and such other sectors provided by law except the religious sector.
- A religious person can have a sector but the religious group cannot have a party.
- The 3 terms, no party list back that’s why sectoral rep.
- Sectoral representatives are chosen through 1) selection or 2) election.
- The sector nominates their representative. Ex. Different youth organizations can nominate
their representative for the youth sector. Among the list of nominees, the president will
choose. The congress will affirm the candidate chosen by the Pres.
- Congress can add sectoral representatives. Ex. OFW, Senior citizen, PWD
- When Congress passed a law creating the additional sectors. The SC when the constitution
put the sectors mentioned, they did not consider whether those groups are marginalized or
underrepresented (in response to a petition questioning the senior citizen sector, contesting
that many seniors were rich).
- In 1995, the party list act came to be. It was not implemented till 1998. When the party
list act was made, it was vague, even the SC had difficulty interpreting it.
- MINOR POLITICAL PARTIES parties in the last 2 elections did not get 2% of the votes cast
in the election. (Usually kasi the dominating parties are Lakas, Liberalista…). Register in the
COMELEC as a minor political party.
- Ex. Richard Gomez ran as district rep in his place. He set up his own party ‘mamayang ayaw
sa drugs.’ Someone sought to disqualify him because he was not underrepresented nor
marginalized as he was very rich. The SC asked him what marginalized group he was
representing, he was disqualified. He just ran for mayor nalang.
- Ex. Man representing tricycle drivers although he wasn’t one. He killed himself. Angelo
Reyes.
- The Constitution and the party list act indicated the parties that can run.

THE PARTIES THAT CAN PARTICIPATE IN THE PARTY LIST: 1) National Party 2) Regional party 3)
Sectoral Party 4) National Organization 5) Regional Organization 6) Sectoral Organization

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Political party is an organized group of citizens advocating an ideology or platform, principles and
policies for the general conduct of government and which as the most immediate means of securing their
adoption, regularly nominates and supports certain of its leaders and members as candidates for public
officer.

National Party If membership of the political party spreads all over the geographic territory of the country,
in the majority of the regions of the Philippines then you are a National Party. Ex. Laban, Lakas

Regional Party if your membership spreads across the geographic territory of a majority of cities and
provinces comprising the region.

Sectoral party is an organized group of citizens belonging to any of the sector enumerated in article 6,
sec 5 of the constitution, whose principal advocacy pertains to the special interest and concerns of their
sector. An organization is a group of citizens or collision of group of citizens who share similar physical
attributes or characteristics, employment, interest or concerns.
- Sectoral representatives are now the sectoral party
- Congress may create other sectors as may provided by law
- Sectoral parties are the marginalized or underrepresented or lacking in well defined
political constituencies LWDPC. Ex. Anakbayan
- Kahit sino pwede mag organize ng party as long as you have similar concerns and
characteristics, as long as you do not advocate violence, immorality, do not receive funds
from foreign government, do not represent the religious sector.
- Majority parties cannot join the party list BUT they can collate. COLLATION is an agroupation
of parties or organization.
- When an organization registers as a political party you are given legal personality by
COMELEC to sue and be sued, to hold property etc.
- There are organizations not given registration because they lack requirements imposed by
COMELEC. They have no legal personality. But as an organization they can collate with
another group so that group can have legal personality, but independently it does not have
legal personality. Basta COLLATION meron legal personality.
- Majority party can collate with an organization. They called this their sectoral wing. This
sectoral wing with its own legal personality, even absent collation, can join the party list. If
there is no sectoral wing, the majority party can join the party list PROVIDED that they do not
field any candidate in the district representative. (Party list now seems free for all).

HOW DOES A PARTY LIST GET ITS REPRESENTATIVES

- When you get 2% of the votes cast for party list representative you are entitled to 1
representative maximum of 3 representatives.
- 2% of the votes cast for the party list system, is based on those who voted only for the
party list and not all that voted.
- In the constitution, at least 250 members in the House, 20% must come from the party list
representatives, including the members of the party list. If 250 is total, 20% is 50 members,
hence this 50 must come from the party list.
- Ex. Less than 50 members so the party suggested filling up the missing seats by adding more
of their officers. According to the SC, 20% is the minimum requirement. It can be less than
20%. Later the SC changed its mind and said such was constitutional as the constitution said
that the 20% must come from the party list. Base point is the total number who voted for the
party list.
- ADDITIONAL SEATS
- It is mathematically impossible for all parties to get 3 seats
- SC made a new parameter in Vana v Vanlao?? Take notice of the total number of votes cast
for the party list parties. Check the parties that got 2% of the total number of votes and give
them a guaranteed seat of 1 each. Another round of selection, here included all the parties
whether they got 2% or not. Based on the remaining votes, see who can get ulit…? Iirank
sila. In the 1st round, lets say the seats filled were 30 seats, kulang 20 seats. Irank mo sila sa

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 2nd round, additional seats. Choose the highest and lowest, including those who got less than
2% then 20% is lacking from 50 then get 26 additional. If only 10 passed/pumasok then there
is another round. They will be ranked on the reaming votes.
- READ CASES VERY IMP
- Because of this decision, there should be 20% seats allocated to the party list. It you get at
least 2% you are entitled to 1 rep. 3 representatives maximum in a party so there will be no
domination of a single party in the House of Represntatives.

The Parties choose their own nominee. Under the law, nominate the 1 st, 2..d, 3rd nominees. If you get the
2% guaranteed seat then the first nominee will sit. If you get a 2 nd round for additional seat, the 2nd
nominee will sit. IN THIS ORDER. The party itself decides who will be its nominees. This is the law,
hence they cannot decide that nominee 1 will sit for the first year, nominee 2 for the 2 nd year etc.

The term for party list rep is similar to district rep. 3 years term cannot be elected for more than 3
consecutive terms.

COMELEC merely checks if they have the qualifications provided by law.

When the nominee has been proclaimed, he is now a member of the house. Now, when his qualification
is questioned, the HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL now has jurisdiction. The
Constitution said when it comes to the qualifications, elections and returns of the members of the HOR,
the sole judge is the HORE. COMELEC is divested of jurisdiction once they are proclaimed as
members of the House.
Ex. Nominee proclaimed had his qualifications questioned. He said the HORE has no jurisdiction,
cuz he said the people didn’t vote for him but for his property. The SC said while the party is voted by the
people, the person who sits on the parties’ behalf is the nominee, the person who holds all the rights and
obligations is the nominee. The party is only there for the selection of the nominee, but once he is
selected he is now the member of the House. Problem arises when the nominee proclaimed does not
represent the concerns of the party, then the party may remove him. Upon his removal he loses his right
to his seat as a member of the House and he may be replaced with the 2 nd or 3rd nominee.
If a party has 3 nominees and 2 of them were disqualified by COMELEC. Can the party join the
party list? Yes as long as there is one qualified nominee, he can join the PL system.

WHO CAN THE PARTY NOMINATE?

Member of the party. In a party not all members need to be part of that sector provided, majority of
the members belong to that sector.
Ex. You are member of the tricycle driver party but you are not one, majority are. Can you be
nominated? Yes, you are member of the party even though you do not belong to the sector.
Ex. Can you nominate a person not a member of the party? Yes, provided that the person
nominated has a track record of advocacy of that sector.
Ex. One party joined the party list. They said their party is for the poor. To prove of their charitable
works, they took pictures. Turned out these pics were photoshopped. The SC disqualified them because
they do not have a track record of advocacy of that record. The material misrepresentation in the filing of
the candidacy.

2 members of the HOR : District, sectoral (now party list)

IMPEACHMENT

Who can be impeached? President, VP, members of the constitutional commission, members of the SC
and the Ombudsman. To protect their independence.

Grounds for impeachment: 6

1) Culpable violation of the constitution
2) Treason

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 3) Bribery
4) Graft and corruption
5) Other high crimes
6) Betrayal of public trust
- Included because it is not a crime unlike those mentioned previously.
- Political question because no definition is given to it in the Constitution
7) Culpable violation of the constitution
According to the principle ejusdem generis…

IMPEACHMENT PROCESS begins with the HOR. There is a complaint, may be filed by an ordinary
person with the HOR. If 1/3 rd of the HOR determines that there is a ground based on the articles of
impeachment, they will initiate the filing of the articles of impeachment. They will affirm the ground filed by
the private person. Members of the House itself may file such complaint through an IMPEACHMENT
ARTICLE OF THE HOUSE. If this is supported by at least 1/3 rd of the members it is affirmed.
After such 1/3rd vote, such complaint or impeachment article is submitted to the Senate. The
Senate is the judge. The HOR are the prosecutors. If the House gives the articles of impeachment to the
Senate, the officer is impeached!!!! Impeachment means to accuse! However he is not yet removed by
impeachment, to be removed by impeachment, a vote of 2/3rds majority of Senate is needed. Senate will
act as a judge while the members of the House will act as prosecutors. Since the members of the HOR is
numerous, they will only choose who they will prosecute. Usually they choose their members who are
lawyers.

ANOTHER NON LEGISLATIVE FUNCTION OF CONGRESS

1) The HOR electoral tribunal (HORET) – they are the sole judge of all contests relating to
elections, returns and qualifications of their members. The sole judge of the members of the
Senate is the Senate, not the COMELEC, not the SC.
They can formulate their own rules as long as it is not unconstitutional. Before the
electoral tribunal can have jurisdiction, the representative who is the subject of the election
contest, MUST HAVE BEEN PROCLAIMED ALREADY. He needs to already be a member of
either house.
Who are the members of the electoral tribunal? 9 members! 3 members from the SC
justices (appointed by the CJ), 6 members from the House on the basis of proportional
representation from the political parties or organization, including the party list. 6 members of the
HOR cannot come from the same party. Same for Senate. 3 members from SC, 6 members of
the Senate, on the basis of proportional representation of the political parties. To be entitled to 1
seat, a party must have at least 2 members of the party in Senate.
2) Commission of Appointments – function is to confirm or approve certain appointments made
by the President ex. Heads of executive departments, ambassadors, consuls etc. all other officers
are vested in the President by the constitution. Heads of exec depts are cabinet secretaries,
including the heads of constitutional commission. Diplomatic side…ambassadors, consuls and
other public ministers. Take note: Undersecretary does not need to be confirmed. In the
Military from colonel and up. Police not included because they are not military. Ex. Sectoral
representative is appointed by the President. It must be confirmed by the Congress thru the COA.
When the VP is vacant, the President appoints and confirmed by COA.
3) To approve the national budget. The president prepares the national budget with regard to the
executive branch. Judicial the Chief Justice. Constitutional commission the chairman. The senate
president makes the senate budget. For the HOR, it is the speaker. But Congress approves all
of this. If Congress does not approve, then the budget for the previous year shall be the budget
for the present year. As part of checks and balances they can investigate how the money was
used. Who will be called? Heads of departments except the president because it is a co-equal
branch. The heads will go/report to either senate or hor upon their own initiative with the consent
of the president or upon the request of either house.
- The senate or any of its committees may conduct inquiries in avoid of legislation in
accordance with duly published rules of procedure. The rights of persons affected by such
inquiry shall be respected. This inquiry/investigation done is in aid of legislation. Not to
prosecute anyone.

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 - Diff between section 21 and 22. Purpose of sec 21 looks forward. Inquiry is part of the
legislative function of congress to come up with a good law.
- In inquiry/ investigation, ANYONE can be called for inquiry not just dept head. In oversight
function, only the department heads may appear.
- Inquiry: if you don’t appear, you will be held in contempt!!! Congress may site in contempt!
Oversight: Congress has no power of contempt. If the head appears he needs to the consent
of the president, because the act of the subordinate is the act of the President.
- SC: Whether Congress can cite in contempt or not depends on function whether it is an
investigation or oversight.
- The SC said that a pending bill is not necessary to conduct investigation in aid of legislation,
because such is done in order to come up with a proposed bill.
4) Oversight function. Article 6, sec 22 the heads of departments may upon their own initative
present to the President or upon request of either house, appear before and be held by such
House on any matter pertaining to their department. Oversight function looks backward. It’s part
of the check and balances system of government.
- The back and forth question and answer is an interpolation. The questions can be relayed 3
days in advance to the dept head. However during the actual interpolation, the questions are
not limited to the actual questions as long as they relate to the subject matter for which the
department head was invited to the house or the senate.
- If it involves national security or foreign relations, the questioning can be done in an
executive session. Media and public are out.
- If the dept head refuses to answer can he be compelled to? Depends on what they want to
know. If the dept head invokes executive privilege, means the question involves a political
question, because it would endanger national security or a foreign relation or economic xxx.
In this case, the presumption is that it is an executive privileged communication, however
this is disputable!! Congress has 1) the burden of proof to show that answering those
questions are necessary in order to come up with legislation. Absent that proof, then the
presumption will be titled in favor of the president. 2) there is no another source of the
information to be given by the department head. If they can get such info w/o the depot
head they cannot press him to answer the question.
- Executive privilege is the power of the government to withhold certain information from the
public, from the court because it involves national security and foreign or economic relations.
o The SC identified 2 kinds of executive privilege: 1) presidential
communication privilege – applies in the decision making of the president and his
staff in Malacanang. This is rooted in separation of power. Applies to documents in it
entirety. Covers final and posed decisional materials and pre deliberative process. If
the power of the president applies to quintessential and non delegable power of the
president. Ex. Military, appointing and removal powers, pardoning powers, diplomatic
powers 2) deliberative process privilege – applies to the decision making of the
executive officials. Why do department head have privilege? Rooted in common law.
o Operational proximity test – to limit the scope of the presidential communication
privilege. It must be solicited, and received by a close advisor of the president or the
president himself. JUDICIAL TEST that the advisor must be in operational proximity
to the advisor. Proximate my reason of their FUNCTION but also their POSITION IN
THE EXECUTIVE ORGANIZATIONAL STRUCTURE. Ex. Staff, errand boy, cook etc
(not only their position but also their function..)
o If the dept head invokes the executive privilege, the presumption is that he cannot be
questioned. Invoking the privilege is the president not the department head. IT IS
THE PRESIDENT WHO INVOKES THE EXECUTIVE PRIVILEGE, NOT THE
DEPARTMENT HEAD. Although this is an executive privilege, this is not conclusive.
The burden of proof to overturn this privilege is on the senate or the house.

The rules of the house may be different from the rules of the senate.

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The rules said that unfinished rules at the end of session shall be taken up at the next session at the
same status. All pending matters shall terminate upon the termination of one congress but may be taken
by the succeeding congress as if present for the first time. SENATE RULE

Within 15 days after the conclusion of the inquiry, the Committee shall meet to begin the consolidate of its
report, to be filed with the Secretary of Senate.

The SC said the period of imprisonment under the inherent power of contempt of the senate during
inquiry in aid of legislation, should only last until the determination of the legislative inquiry or at the end of
Congress session.

Abacada party list v purisima

There categories of congressional oversight functions:

1) Oversight function is called legislative scrutiny. Sec 22. The power of oversight embraces all
activities undertaken by Congress to enhance its understanding of an influence over the
implementation of legislation it has enacted. Concerns post enactment measures undertake by
congress. Looks backward.
2) Inquiry in aid of legislation is legislative investigation.
Looks forward. Inquiry is needed for pre-enactment measures. Purpose is to monitor
beaureaucratic compliance with program objectives, to determine whether agencies ar properly
administered. To prevent executive usurpation of legislative authority. To assess executive
conformity to the congressional proscription of public interest.
3) Legislative supervision. Connotes a continuing and informal awareness on the part of
congressional committee regarding executive operation in a given legislative era. Allows
congress to scrutinize the exercise of quasi legislative authority of executive officials and predicts
congress to retain part of that delegated authority.
4:01

DEC 11, 2020 LECTURE

ANOTHER POWER OF CONGRESS IS THE power of the purse or the power to appropriate funds for a
particular project.

Under the principle of separation of powers, congress makes the law and executive implements the law.

In order to appropriate funds for a particular project there must be a law. This law is passed by congress
then implemented by the executive.

The constitution has many requirements for the money spent.

The power of the purse belongs to Congress, SUBJECT only to the veto power of the President. But of
course, congress may override the veto power of the president by a vote of 2/3.

The power of the appropriate funds carries with it the power to specify the project or activity to be
funded under the appropriation law. According to Article 6 sec 24 par 1, nobody shall be paid out of the
treasury except in pursuance of an appropriation made by law.

Appropriation made by law exists when these 2 requisites are present

1) The law sets apart determinate or determinable amount of money.
2) The law allocates the money for a particular public purpose

Limitations for appropriation

1) Made by law. Only congress can do this, acting collectively and not individually. Individually
walang powers members of congress.

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 2) For a public purpose. Di pwede for private purpose or religious purpose.
3) Public purpose must be for a particular public purpose. Cannot say for the poor cuz vague.
4) Amount must be determinate (specific) or determinable.
- to enable the country to pay principle, taxes, other formal banking charges when they
become due without need to enact a separate appropriations law as per need arises.
- The amount became determinable because the law set parameters with the principal,
interest, taxes and banking charges
5) Appropriation must be supported by actual funds available as certified by the national treasurer.
OR if there are no funds, the funds can be raised by a separate revenue proposal included in
the appropriations law. Taxes that are not available right now but you know will be available.

Certain rules in appropriation

1) Congress cannot increase the appropriations recommended by the President for the operation of
the government as specified in the budget.
2) The budget is proposed in an official form, content and manner of preparation of the budget. The
congress sets the manner form and content of the proposed budget by law. The same mfc must
be used by Congress in proposing their own budget.
3) No provision or enactment shall be embraced unless it relates specifically to some particular
appropriations. So you cannot insert any provision which is not related to any proposed budget to
any proposed budget. This is to prevent a rider, violation of the one subject matter.

When congress approves the budget, the head of the departments implements the appropriation law. For
the SC, it is the Chief Justice who implements the budget of the judiciary. For congress it is the senate. It
is the speaker for the HOR. For the constitutional commission, it is the chairman of the commission.

Once the law on budget is passed, it cannot be changed. Xxx choppy xxx

Cross border transfer of funds not allowed. The constitution said no law shall be passed authorizing
any transfer of appropriations.
- Only exception, the department head may by law, be authorized to augment any item in the
general appropriations act, or their respective offices from savings in other items of their
respective appropriations. Sec 25 par 9 constitution.
- This is allowed. Within the department for ex executive dept, the funds may be transferred
from one item ex for DPWH to another for ex DOHealth. Funds for the SC may be transferred
to the CA. Requirements: 1) within the department 2) transfer done by the department
head 3) authorized by law 4) purpose is to amend one item for another item aka
AUGMENTATION POWER. The funds come from the savings of 1 item and to augment
another item. Kailangan may savings. How do savings come about? When the project for
item A was completed and there is excess/leftover OR project A was abandoned OR was
started but was not completed. If no savings you cannot augmented.
- When the project is done there must be an audit to determine how much money was leftover.
Itemized. If abandoned or discontinued xxx choppy xxx. If there are savings but the requisites
are absent, the savings go back to the treasury for appropriation for the following year.

When you ask budget from congress you need to prove why you need a certain amount, defend a certain
project. When approved by congress and you run out of money within that year, you are not a good
manager cuz you did not project the amount you would spend. You can add if there is really a deficit such
as due to inflation, calamity BUT additional budget needs approval of congress.

If you ask and there is so much money leftover, it is also not good management because maybe you used
substandard materials.

If congress gives you money, for whatever reason, the president refuses to use the money, this is not
valid, this is prohibited. You asked for it, you should use it. Unless there will be an unmanageable
government deficit.

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Refusal by the President for whatever reason to spend the funds made available by Congress is
impoundment. Impoundment is prohibited by the General Appropriations Act unless the unmanageable
government deficit.

When Congress approves the budget for a particular project it has no involvement with implementation
because budget execution is an executive function.

Unconstitutional is the pork barrel system. This is a collective body or rules and practices that governs
the manner by which lump sums, discretionary funds, primarily intended for local projects, are used
toward the participation of congress and executive, including their members.
- Here the congress approves appropriation in lump sum! Ex. Country wide development fund.
The projects are not specifically identified. Ex. Development acceleration project.
- Congressional pork barrel, the legislators either collectively or individually effectively control
certain aspects of the utilization of funds through post enactment measures (meaning done
after the law is passed). This is unconstitutional for several reasons: 1) it violates separation
of powers. Once congress passes the law, it cannot intervene or assume duties that belong
to budget execution that is an executive function. 2) it also violation non delegation of
legislative power. Congress delegates to executive or members of congress themselves the
discretion on how to use the discretion of funds. There is no sufficient standard in violation of
valid delegation of power. 3) deprivation of president’s power of veto 4) dilutes the oversight
power of congress 5) violates local autonomy
- Only power of congress after the law has been passed is oversight function. They can ask the
department head how the money was spent, how the project went.

Ex. Noynoy’s PDAF. He exercised his augmentation power. However what he did was unconstitutional
because 1) there was no law authorizing him 2) the transfer from one item to another was done without
savings. There was savings because the money was not used. Neither was this impoundment (refusal to
use the money), because the money was used but not for the intended item. It was neither abandoned or
discontinued. HERE, the money was not pocketed but used for another purpose, and this transfer is not
allowed by law. Hence unconstitutional.
- What will now happen to the schools, bridges and hospitals made using the money? It went
to the benefit of the people but is against the law. They will not be torn down. Under the
operative fact doctrine, the law that has been declared unconstitutional remains to be
operative prior to the declaration of the Supreme Court of its unconstitutionality. This doctrine
does not make a law valid. It merely erases the effects of its unconstitutionality before it is
declared void. It recognizes xxx if it would result to injustice or inequity, especially xx. It would
effect injustice and inequity if it would affect vested rights already acquired. Exception to the
operative fact doctrine, it does not apply to the author of the act or law which caused the
unconstitutionality, because no one shall enrich himself at the expense of another. Ex. The
funds for one project was used instead to build his vacation house.

END OF APPROPRIATIONS

TAXATION

3 inherent powers of the state: police power, eminent domain and taxation. They are inherent because no
state can survive without these powers. You will not see anything in the constitution granting the state
these powers. What you will find in the constitution are limitations on these powers. Without limitation they
can be subject to abuse.

The power to tax is inherently legislative in nature. Because you need a law for the government to
exercise these powers.

Limitations on powers of congress to tax according to the constitution: Taxation must be uniform

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 - Problem is people are not similarly situated. To be fair and equitable, as your earning
capacity increases, taxes increases. Progressive system of taxation is when the money of the
rich is used to fund projects for the poor, so that those who have less in life have more in law.
We approximate justice.

Congress also has the power to exempt from taxation. They cannot tax those which are exempted by the
Constitution. And they cannot exempt unless it is approved by majority of Congress. Certain institutions
exempted by the constitution are charitable, educational and religious constitutions.

Separation of church and state prohibits the state from interfering in purely religious affairs, but it does
not prohibit the church from interfering in purely state affairs. This principle is a one way prohibition
against the state. Members of the church are also members of the state. This exemption was put in place
so the church would not interfere in state affairs however they latter still does. In sir’s opinion this tax
exemption must be lifted however, the constitution has to be amended.

Educational institutions are exempted because it is the duty of the state to educate its people. Educated
people are essential for a democratic state.

Church, convents, mosques, lands, buildings, improvements..all real property. So the churches are
exempted from property tax. Those that are ADE used for such purpose.

Article 40 sec 4 par 3 all revenues and assets of all non stock no profit educational institutions used ADE
for educational purposes shall be exempt from taxes and duties. Ex Arellano law foundation. The campus
has a school, basketball court, gym, library..these are all tax exempt. If the school has a bookstore and
canteen, they are tax exempt since they are ADE for educational purposes. Ex. Bldg in the campus is
rented to starbucks, mcdo, then this building is not exempt from real property tax because it is not used
ADE for an educational purpose. Ex. The rent paid from starbucks etc, is revenue, and if used to improve
the facilities of the school, then this revenue is tax exempt.
- DLSU v. ?? convent, cemetery is tax exempt. Garden where the priests pray is tax exempt.
The well is tax exempt because they need sustenance.
- Proprietary educational institutions, including those cooperatively owned may likewise be
entitled to such exemption subject to limitations provided by law, including restrictions on
dividends and foreign investments. The 2 nd paragraph refers to educational institutions for
profit. They can be taxed and they can be exempted. But to be exempted a law needs to be
passed.

END OF LEGISLATIVE

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