CONSTITUTION I:

OUTLINE FOR ARTICLE VI - THE LEGISLATIVE DEPARTMENT

Section 1. The legislative power shall be vested in the Congress of the Philippines which shall
consist of a Senate and a House of Representatives, except to the extent reserved to the people by the
provision on initiative and referendum.
-The provision on initiative and referendum is found in Section 32.
-Instances of failure to adjust to the decision to adopt a bicameral legislature:

1. Amendment of the constitution maybe proposed by (1) congress upon a vote of three fourth of all its
members (Sec 1(1),Art XVII);
2. Membership of the JBC.(Sec 8(1) Art VIII

Instances where the Constitutional Commission made adjustments to be in tune with the bicameral
system:

1. Sec 4, Article VII - in case of tie, etc.

2. Sec 9, Article VII - nominees to replace vice president, etc.
3. Sec 18, Article VII – On the proclamation of Martial Law: “…the Congress may, voting jointly etc..”

The extent of the plenary power of Congress.

•Principle of non-delegability of legislative power.
•Rule making power or a law-execution function.
•Under what conditions may the rule making power be not violative of the principle of non-delegability.
•Under what conditions may violation of such rules and regulation be punished as a penal offense .
Checks and balances.
Purpose.
Legislative power remains to be a limited power.
Two kinds of legislative power.
•Constituent and Ordinary.
•Holders of legislative power.

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

Section 3. No person shall be a Senator unless he is a natural born citizen of the Philippines, and, on the
day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a
resident of the Philippines for not less than two years immediately preceding the day of the election.

Section 4. The term of office of the Senators shall be six years and shall commence, unless otherwise
provided by law, at noon on the thirtieth day of June next following their [Link] senator shall serve
for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall
not be considered as an interruption in the continuity of his service for the full term for which he was
elected.

Section 5.
(1) The House of Representatives shall be composed of not more than two hundred and fifty members,
unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the
provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective
inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law,
shall be elected through a party list system of registered national, regional, and sectoral parties or
organizations.
(2) The party list representatives shall constitute twenty per centum of the total number of
representatives including those under the party list. For three consecutive terms after the ratification of
this constitution, one half of the seats allocated to the party list representatives shall be filled, as
provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural
communities, women, youth, and such other sectors as may be provided by law, except the religious
sector.
(3) Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent
territory. Each city with a population of at least two hundred fifty thousand, or each province, shall have
at least one representative.
(4) Within three years following the return of every census, the congress shall make a reapportionment
of legislative districts based on the standards provided in this section.

"Unless otherwise fixed by law“

•Benigno Aquino v. COMELEC, GR No. 189793, April 7, 2010:
There are only two kinds of representatives
•Who ‘bastardized’ the party-list? – Artemio Panganiban, Inquirer, June 2, 2019.
Ang Bagong Bayani v. COMELEC, GR No. 147589, June 26, 2001
Bernas disagrees.
•BANAT vs. Comelec, GR 179271, April 21, 2009.
•Atong Paglaum vs Comelec (GR No. 203766, April 2, 2013):
(Ocampo v. HRET ( GR No. 158466, June 15, 2004).

Section 6. No person shall be a member of the House of Representatives unless he is a natural born
citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read
and write, and, except the party list representatives, a registered voter in the district in which he shall be
elected, and a resident thereof for a period of not less than one year immediately preceding the day of
the election.

The qualification requirement is residence not domicile.

•Romualdez-Marcos v. COMELEC, 119976, September 18, 1995.
•Aquino v. COMELEC, GR No. 120265, September 18, 1995.
•Domino v. COMELEC, GR No. 134015, July 19, 1999.

Section 7.
The members of the House of Representatives shall be elected for a term of three years which shall
begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their
election.
No member of the House of Representatives shall serve for more than three consecutive terms.
Voluntary renunciation of the office for any length of time shall not be considered as an interruption in
the continuity of his service for the full term for which he was elected.
•Term – Tenure:
•The Fair Elections Law (RA 9006, Feb 12, 2001)

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

Section 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be
called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of
Representatives thus elected shall serve only for the unexpired term. R.A. 6645 (1987)

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.
•Meaning of "until after the expiration of the full term.

Section 11. A Senator or Member of the House of Representatives shall, in all offenses punishable by not
more than six years of 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 congress
or in any committee thereof.
•Privilege from arrest:
•Parliamentary privilege of speech

Section 12. Members of the Senate and the House of Representatives shall, upon assumption of office,
make a full disclosure of their financial and business [Link] 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.
•Case in point: Appointment of Honasan to the DICT.

Section 14. 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.

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.
(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.
•Santiago v. Guingona, GR No. 134577, November 18, 1998.
•Avelino v. Cuenco, 83 Phil. 17 (1949).

(2) A majority of each house shall constitute a quorum to do business, but a smaller number may
adjourn from day to day and may compel the attendance of absent members in such manner, and under
such penalties, as such house may provide.
•(Pimentel v. Senate, GR 187714, March 8, 2011).

(3) Each house may determine the rules of its proceedings, punish its members for disorderly behavior,
and with the concurrence of two thirds of its members, suspend or expel a member. A penalty of
suspension, when imposed, shall not exceed sixty days. Osmena, Jr. v. Pendatun, 109 Phil. 863 (1960).

(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 thereof, be entered in the journal.
Each house shall also keep a Record of its proceedings.
•A journal / A record.
•US v. Pons, 34 Phils. 729 (1916).
•Mabanag v. Lopez-Vito, 78 Phil. 1 (1947).
•An enrolled bill.
(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.

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... Function of the Electoral Tribunals.
There must be an election contest.
(Sect 17) 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 maybe,...
•Composition.
(Sect 17) who shall be chosen on the basis of proportional representation from the political parties or
organizations registered under the party list system represented therein. The senior justice in the
electoral tribunal shall be the chairman.
•How chosen.
•Bondoc v. Pineda, 166 SCRA 651 (1988).
•Tribunals are independent constitutional creations.

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,
•The function of the Commission.

(Sect 18) elected by each house on the basis of proportional representation from the political parties or
organizations registered under the party list system represented therein. ...
How chosen.
Guingona v. Gonzales, 214 SCRA 789 (1992).

(Sect 18) 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.

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 the chairman or a majority of all its members, to discharge such
powers and functions as are herein conferred upon it.

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

Section 21. The Senate or the House of Representatives or any of its respective committees may conduct
inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of
persons appearing in or affected by such inquiries shall be respected.
Arnault v. Nazareno, 87 Phil. 29 (1950).
•Limitations of the power:
•Bengzon, Jr. v. Senate Blue Ribbon Committee, 203 SCRA 767 (1991).
•Bernas disagrees:

Section 22. Heads of departments may, upon their own initiative, with the consent of the President, or
upon the request of either house, appear before and be heard by such house on any matter pertaining
to their departments. Written questions shall be submitted to the President of the Senate or the
Speaker of the House of Representatives at least three days before their scheduled appearance.
Interpellations shall not be limited to written questions, but may cover matters related thereto. When
the security of the state or the public interest so requires and the President so states in writing, the
appearance shall be conducted in executive session
In the 1935 Constitution, the whole tenor was permissive.
•In re: EO 464 - Senate v. Ermita, GR No. 169777, April 20, 2006.

Sections 21 and 22 do not pertain to the same power of congress.

Section 23.
(1) The Congress, by a vote of two thirds of both houses in joint session assembled, voting separately,
shall have the sole power to declare the existence of a state of war.
"power to declare war“/ "power to declare the existence of a state of war".

(2) 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 to carry
out a declared national policy. Unless sooner withdrawn by resolution of the congress, such powers shall
cease upon the next adjournment thereof.

•A delegated emergency powers of the President.

•Relate to Section 17, Article XII as clarified in the case of David vs. Arroyo, GR 171396, May 3, 2006.

Section 24. All appropriation, revenue or tariff bills, bills authorizing the increase of the public debt, and
private bills shall originate exclusively from the House of Representatives, but the senate may propose
or concur amendments.
•Tolentino v. Sec. of Finance, 235 SCRA 630 (1994).
•Explicit limitations on the power to appropriate

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 or 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 maybe prescribed by law.
(7) If, by the end of the 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
re-enacted and shall remain in force and effect until the general appropriations bill is passed by the
congress.
•Araullo vs Aquino, G.R. No. 209287, February 03, 2015
•The DAP decision by Artemio V. Panganiban Philippine Daily Inquirer, July 6th, 2014
•Doctrine of operative fact.

Section 26.
(1) Every bill passed by the congress shall embrace only one subject which shall be expressed in the title
thereof. Purpose.
(2) No bill passed by either house shall become a law unless it has passed three separate 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.
A Conference Committee.

Section 27.
(1) Every bill passed by the congress shall, before it becomes a law, be presented to the President. If
he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his
objections to the house where it originated, which shall enter the objections at large in its
journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the
members of such house shall agree to pass the bill, it shall be sent, together with the objections,
to the other house by which it shall likewise be reconsidered, and if approved by two-thirds of
all members of that house, it shall become a law. ...

...In all such cases, the votes of each house shall be determined by yeas or nays, and the names
of the members voting for or against shall be entered in its journal. The President shall communicate his
veto of any bill to the house where it originated within thirty days after the date of receipt thereof;
otherwise, it shall become a law as if he had signed it.

•Passage of bills.
•Veto/ Override.
•Veto to be communicated within 30 days.

(2) The President shall have the power to veto any particular item or items in an appropriation, revenue,
or tariff bill, but the veto shall not affect the item or items to which he does not object.
•Item-veto:
•Doctrine of inappropriate provisions
•Executive impoundment

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 parsonages 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.

Section 28 is not a grant of the power to tax.

•Raise revenue.
•General limitation.
•Specific limitations.
•Delegated tax legislation.
•Tax exemptions for religious, charitable or educational purposes:
Section 29.
(1) No money shall be paid out of the treasury except in pursuance of an appropriation made by law.
•Philconsa v. Enriquez, 235 SCRA 506 (1994).

(2) No public money or property shall be appropriated, paid, or employed, directly or indirectly, for the
use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or
any priest, preacher, minister, or 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.
General rule; exception.

(3) All money collected on any tax levied for a special purpose shall be treated as 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.

Section 30.
No law shall be passed increasing the appellate jurisdiction of the Supreme Court without its advice and
concurrence.
- does not prohibit congress from increasing the jurisdiction of the supreme court.

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

Section 32. The Congress shall, as early as possible, provide for a system of initiative and referendum,
and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or
reject any act or law or part thereof passed by the congress or local legislative body after the
registration of a petition therefore signed by at least ten per centum of the total number of registered
voters, of which every legislative district must be represented by at least three per centum of the
registered voters thereof.
•RA 6735