ARTICLE VI

LEGISLATIVE DEPARTMENT
A. Nature and Classification of Legislative Power
1. Nature:

The authority to make laws and to alter or repeal them.

Vested in Congress, except to the extent reserved to the

people by provision on initiative and referendum

Plenary (Congress may legislate on any subject matter provided

that the limitations are observed.)

Classification of Legislative Power:

Original - possessed by the sovereign people

Derivative - delegated by the sovereign people to legislative

bodies and is subordinate to the original power of the people

Constituent - power to amend and revise the Constitution

Ordinary - power to pass ordinary laws

B. Composition, Qualifications and Term of Office

Senate (Art. VI secs. 2-4)

Composition 24 senators elected at large

Qualifications:
Natural-born citizen
At least 35 years old on the day of the election
Able to read and write
A registered voter
Resident of the Philippines for at least 2 years
immediately preceding the day of the Election

Term of Office: 6 years

Term Limits 2 consecutive terms.

2. House of Representatives (Art. VI Secs. 5-8)

Composition: Not more than 250 members, unless otherwise

provided by law, consisting of:
i. District Representatives
elected from legislative districts apportioned
among the provinces, cities,

Qualifications of Representatives:
1. Natural-born citizens
2. At least 25 years old on the day of the election
3. Able to read and write
4. Registered voter in the district he seeks to represent
5. A resident of the said district for at least 1 year
immediately preceding the day of the election.

Term of Office: 3 years,

Term Limits: No member of the House of Representatives shall

serve for more than 3 consecutive terms.
2. Freedom from arrest (Art VI Sec 11, 1987 Constitution)

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.
Disqualifications

May not hold any other office or employment in the government

during his term without forfeiting his seat. (Art VI Sec 13)

May not be appointed to any office created or the emoluments

thereof were increased during the term for which he was elected. (Art
VI Sec 13)

Cannot personally appear as counsel before any court, electoral

tribunal, quasi-judicial and administrative bodies during his term of
office. (Art VI Sec 14)

Shall not be financially interested, directly or indirectly, in any

contract with, or franchise or special privilege granted by the
government during his term of office. (Art VI Sec 14)

Shall not intervene in any matter before any office of the

government when it is for his pecuniary benefit or where he may be
called upon to act on account of his office. (Art VI Sec 14)
 Koko Pimentel Pantaleon Alvarez
Senate President House Speaker
E. Internal Government of Congress
1. Election of officers
Officers:
1. Senate President
2. Speaker of the House
3. Such officers as deemed by each house to be necessary
Election of Officers: By a majority vote of all respective members

2. Quorum
Majority of each House shall constitute a quorum.
A smaller number may adjourn from day to day and may compel the attendance
of absent members.
 Action Vote Houses Basis
Required voting
(out of all
members)
Override 2/3 Separately Art. VI, sec.
presidential 27(1)
veto
Elect President in Majority Separately Art. VII,
case of tie sec. 4, par. 5

Revoke or extend (a) Majority Jointly Art. VII,

Martial Law sec. 18
or (b) suspension of
writ of Habeas
Corpus

Call for Const. 2/3 Art. XVII,

Convention sec. 1(1)
Declaring a 2/3 (of both Art. VI,
State of War Houses, in joint sec. 23(1)
session), each
House voting
separately
 DISCIPLINE OF MEMBERS

Each house may punish its members for disorderly

behavior, and with the concurrence of 2/3 of ALL its
members:

(1) Suspension (shall not exceed 60 days)

(2) Expulsion

Other disciplinary measures:

(1) deletion of unparliamentary remarks from the record
(2) fine
(3) imprisonment
(4) censure
 POWERS OF CONGRESS
INHERENT POWERS

These are inherent powers of the State which are

reposed, under the Constitution, in Congress.

(1) Police Power

(a) Make, ordain, and establish all manner of wholesome
and reasonable laws, statutes and ordinances as they shall judge
for the good and welfare of the constituents.

(b) Includes maintenan2 of peace and order, protection of

life, liberty and property and the promotion of general welfare

(2) Power of Taxation

(3) Power of Eminent Domain

(4) Contempt power

LEGISLATIVE POWERS

(1) powers of appropriation,

(2) taxation

(3) expropriation

(4) authority to make, frame, enact, amend, and

repeal laws

(5) ancillary powers (e.g. conduct inquiry and punish

for contempt.
 Ways of passing bills:

(1) Jointly: in a joint session,

(2) Separately: each house takes up bill on its own;

the houses, in turn, can pass the bill:
(a) Simultaneously: houses take up a bill at the
same time
(b) Sequentially: bill originates from one house
and, upon proper passage, is transmitted to the other
house for the latters own passage. In case of conflict
between the two houses versions, a bicameral
conference committee is organized.
 Bicameral Conference Committee (BCC):

(1) Composed of equal number of members from the Senate and the
HOR

(2) Makes recommendations to houses on how to reconcile

conflicting provisions/versions

(3) BCC members are usually granted blanket authority to

negotiate/reconcile the bills.

(4) At the end of the process, the BCC comes up with a Conference
Committee Report, which is then submitted to the respective
chambers for approval. Upon approval, the bill may be engrossed.

The Bicam report need not pass through three readings.

The Bicam may also include entirely new provisions and

substitutions.
 Presidential Veto and Congressional Override

Submission to the President; Presidents Veto power [Sec 27, Art VI]

Every bill, in order to become a law, must be presented to and

signed by the President.

If the President does not approve of the bill, he shall veto the
same and return it with his objections to the house from which it
originated.
The House shall enter the objections in the journal and proceed to
reconsider it.

The President must communicate his decision to veto within 30

days from the date of receipt thereof. Otherwise, the bill shall become a
law as if he signed it.(Lapsed into law)

To override the veto, at least 2/3 of ALL the members of each

house must agree to pass the bill. In such case, the veto is overridden and
becomes a law without need of presidential approval.
 Impeachment [CONST., Art. XI]
The HOR shall have the exclusive power to initiateall cases
of impeachment. [sec. 3(1)]

FILING by (a) any member of the HOR or

(b) any citizen upon endorsement by a
member of the HOR; followed by
REFERRAL to the proper HOR committee

COMMITTEE REPORT by proper committee (i.e.

HOR Committee on Justice), which either
favorably or unfavorably resolves the complaint

Above resolution AFFIRMED (if

favorable) or
OVERRIDDEN (if unfavorable) by vote of
1/3 of all the members of the HOR
 ARTICLE VII
EXECUTIVE DEPARTMENT
 THE PRESIDENT
QUALIFICATIONS:
VICE-PRESIDENT
(1) Natural-born citizen of the Qualification
Philippines;
(2) A registered voter; Election and term of
(3) Able to read and write;
office and removal are
(4) At least forty years of age on the
day of the election; and same as the President,
(5) A resident of the Philippines for except that no Vice-
at least 10 years immediately President shall serve
preceding such election. (art. VII, for more than 2
sec. 2) successive terms.
Term of Office: 6 years
The Vice-President
PRESIDENT not eligible for re may be appointed as
election.
member of the
Note: No person who has succeeded Cabinet; such requires
as President and has no confirmation by the
served for more than 4 years shall be Commission
qualified for election to the same of Appointments.
office for any length of time. [Art.
VII, Sec. 4]
 Presidential Immunity

The President as such cannot be sued, enjoying

as he does immunity from suit. But the validity
of his acts can be tested by an action against
other executive officials. [Carillo vs. Marcos
(1981)]

Immunity co-extensive with tenure and covers

only official duties. After tenure, the Chief
Executive cannot invoke immunity from suit for
civil damages arising out of acts done by him
while he was President which were not
performed in the exercise of official duties.
EXECUTIVE AND ADMINISTRATIVE POWERS IN
GENERAL

Executive power
The power to enforce, implement, and
administer laws. The president shall ensure that the
laws be faithfully executed.[Art. VII, Sec. 17]

One Executive:
This power is exercised by the President.[Art.
VII, Sec. 1] As administrative head of the
government, the President is vested with the power to
execute, administer and carry out laws into practical
operation.
 Commander-in-Chief Powers [Art. VII, Sec. 18]

(a) Call Out Power - armed forces to suppress

lawless violence;

(b) Suspension of Writ of Habeas Corpus- only

(1) in times of rebellion or invasion AND

(2) when required by public safety

(c) Martial Law N.B. does not suspend

Constitution
 Midnight Appointments

General Rule: Two months immediately before

the next presidential elections (2nd Monday of March),
and up to the end of his "term" (June 30), a President
(or Acting President) shall not make appointments. (art.
VII, sec. 15)

Exception: Temporary appointments to executive

positions, when continued vacancies will: (1) prejudice
public service; or (2) endanger public safety.
 Proclaim Martial Law

The Requisites in proclaiming Martial Law are:

(1) There must be an invasion or rebellion, and
(2) Public safety requires the proclamation of martial law all
over the Philippines or any part thereof.

The Role of Congress (See art. VII, sec. 18, par. 1,2)

(1) Congress may revoke the proclamation of martial law or

suspension of the privilege of the writ of habeas corpus before the
lapse of 60 days from the date of suspension or proclamation.
The Role of the Supreme Court(See Art. VII, Sec. 18, par. 3)
(1) The Supreme Court may review, in an appropriate proceeding filed by any
citizen, the sufficiency of the factual basis of:
(a) the proclamation of martial law or the suspension of the
privilege of the writ, or
(b) the extension thereof. It must promulgate its decision thereon
within 30 days from its filing.
(c) Note: Calling-out power is purely discretionary on the President;
the Constitution does not explicitly provide for a judicial review of its
factual basis.