ARTICLE VI

 LEGISLATIVE DEPARTMENT 

1.Legislative Power Legislative power is essentially the authority of the government to enact laws, repeal, or amend them as well. Legislative power in the Philippines is vested in the Congress, which consists of bicameral structure, namely: the Senate and the House of Representativ 2. Meaning of law The term laws, as used previously, refers to the statutes which are the written enactments of the legislature governing the relations of the people among themselves or between them and the government and its agencies.

1.  Functions of laws Through laws, the legislative defines the rights and duties of citizens, imposes taxes, appropriates funds, defines crimes and provides for their punishment, creates and abolishes government offices, determines their jurisdiction and functions, and in general, regulates human conduct and the use of property for the promotion of the common good.
2. 3..Under the 1987 Constitution, the power to make, propose or amend laws is also extended to the people, in whom sovereignty resides, through the mechanisms of initiative and referendum. By Initiative, we mean that the authority is reserved to the people through direct participation of the electorate in law-making processes, either national or local level. By Referendum, it means the process in which the people are referred directly on any question of law passed by Congress or a local legislative body for their approval or rejection.
3. 6. Scope and Classification of the Powers of Congress
4. 7. 1.General Legislative Power A general legislative power of Congress is usually undefined by the Constitution. This power refers to the overall authority to enact laws for the people and the State, unless the Constitution itself limits the subject matter on which it may legislate.
5. 8. 2. Specific Powers They are powers which the Constitution expressly directs or authorizes Congress to exercise. Among the specific powers of Congress as mandated by the Constitution are: a.Power to declare the existence of the state of war. (Art. VI, Section 23 {1}); b.Power to delegate emergency powers to the President. (Art VI, Sec. 23 {2}); c.Power to Appropriation (Art. VI, Sec 24-25); d.Power to Taxation (Art. VI, Sec 28 {1-2});
6. 9. e. Power to concur in treaties through the Senate and the House of Representatives (Art. VII, Sec 21); f. Power to concur the grant of Amnesty (Art. VII, Sec. 19); and g. Power to act as Board of Canvassers for Presidential and Vice-Presidential elections (Art VI, Sec. 4)
7. 10. 3. Implied Powers From the meaning itself, implied powers are those authority enjoyed by the legislature to effectively exercise its constitutionally granted powers, like the power to conduct investigation in aid of legislation (Sec 21), or to determine the rules of its proceedings (Sec. 16 {3})
8. 11. 4. Generally Non-Delegable Powers These are powers that are essentially inherent in the Congress, which need no legislation or constitutional grant to that effect. These fundamental powers of the State are taxation, eminent domain, and police power.
9. 12. Composition of Congress
10. 13. The Senate (1) Composition and election It is composed of 24 Senators. They are elected at large (nationwide) by the qualified voters, as may be provided by law (Sec. 2). Unless otherwise provided by law, the regular election of Senators shall be held on the second Monday of May (Sec. 8)
11. 14. (2) Term of office It is six (6) years. It shall commence, unless otherwise provided by law, at noon on the 30th day of June next following election (Sec. 4, par. 1). The Constitution has a similar provision with respect to the President and Vice-President except that the hour and date of commencement of their term of office cannot be changed by law.
12. 15. (3) Qualifications A Senator must be: (a) a natural-born citizen of the Philippines; (b) at least 35 years of age on the day of the election (i.e., day of the balloting); (c) able to read and write; (d) a registered voter; and (e) a resident of the Philippines for not less two (2) years immediately preceding the day of the election (Sec. 3)
13. 16. (4) Maximum of terms In line with the state policy on equal access to opportunities for public service and against political dynasties (Art II, Sec. 6), a Senator is disqualified to serve for more than two (2) consecutive terms (Sec.4, par. 2)
14. 17. The House of Representatives
15. 18. (1)Composition and election/selection It is composed of not more than 250 members popularly known as “Congressmen”. They are elected from legislative or congressional districts and through a party-list system. The party-list representatives are filled by selection or election from the labor, peasant, etc. and other sectors as may be provided by law, except religious sector (Sec. 5[1]). Unless otherwise provided by law, the regular election of the members of the House of Representatives shall be held on the second Monday of May (Sec. 8).
16. 19. (2) Terms of office It is three (3) years, to begin also, unless otherwise provided by the law, at noon on the 30th day next following election (Sec. 7, par. 1). (3) Qualifications A representative must be: (a) a natural-born citizen of the Philippines; (b) at least 25 years of age on the day of the election (c) able to read and write; (d) except for a party-list representative, a registered voter in the district in which he shall be elected; and (e) a resident thereof for a period of not less than one (1) year preceding the day of the election (Sec. 6)
17. 20. (4) Maximum terms The provisions are the same as those for Senators except that the limit is for not more than three (3) consecutive terms (Sec. 7, par. 2)
18. 21. Term of Office and Tenure of Office A term of office refers to the fixed period of service when an elected official may validly keep his post. The term of office is usually specified by the law. A tenure of office, on the other hand, refers to the actual period of service when an elected official holds the office. Say, a congressman has resigned halfway his term, this is not considered as an interruption, but the service is still regarded his full term or his actual tenure. Thus, tenure is the actual incumbency.
19. 22. Party List System The purpose of party list system is to bring the government closer to people and assure that the democracy really works in our society. Party list representative system is a device of balancing the representation in the election of the members to the House of Representatives from marginalized or under represented national, regional, and sectoral parties or organizations duly recognized by the COMELEC.
20. 23. Only organized and duly registered parties with the COMELEC may participate instead of individual candidates. These are: a. Sectoral Parties These refer to organized groups of citizens whose principal advocacy concerns and special interests are in these sectors, namely: labor, peasant, urban poor, indigenous communities, veterans, and elderly. b. Sectoral Organizations These organizations are groups of qualified voters bound together by similar physical attributes or characteristics or by employment, interests, or concerns.
21. 24. c. Political Parties These are organized groups of qualified voters pursuing the same ideology, political ideas, and principles for general conduct of the government. d. Coalitions Coalitions refer to aggregations of duly registered national, regional, sectoral parties, or organizations for political and/or electoral purposes.
22. 25. Qualifications of a Party List Nominee 1. A natural-born citizen of the Philippines; 2. A registered voter; 3. A resident of the Philippines for a period of not less than one (1) year immediately preceding the election day; 4. Able to read and write; 5. A bona fide member of the party he seeks to represent for at least ninety (90) days preceding the election day; 6. A nominee shall come from a disadvantage group of citizens which are organized and duly registered to the COMELEC; and 7. At least twenty-five (25) years of age on the Election Day.
23. 26. In case of the youth sector, a nominee must be at least 25, but not 30 years of age on the date of election. Party list representatives are considered elected members of the lower chamber, and as such, enjoy the same rights, salaries, and emoluments as regular members of the House. They shall serve for three (3) year term with the maximum of three (3) consecutive or successive terms.
24. 27. Vacancy in Congress RA 6645 provides for “An Act Prescribing the Manner of Filling A Vacancy in the Congress of the Philippines”, signed into a law by then President Aquino on December 1987. In case of vacancy arising in the Senate at least 18 months or in the House of Representatives at least one year before the next regular election for members of Congress, the COMELEC upon receipt of certification of vacancy, shall call for special election. The Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term. The election shall not be earlier than 45 days nor later than 90 days from the date of such resolution.
25. 28. Termination of Members of Congress 1. Voluntary renunciation of the office (Art. VI, Sec. 7 [21]); 2. Forfeiture of seat of a member in Congress during incumbency, in case when he or she keeps another office or employment in the government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporation or subsidiaries (Sec. 13); 3. A penalty of suspension may serve a member of the Congress for disciplinary action as determined by each House’s rules proceeding (Sec. 16{3}). Congress can punish any of its members for disorderly conduct;
26. 29. 4. An Electoral Tribunal, through a resolution, may disqualify a member of Congress in election contest (Sec. 17); 5. By means of resignation, death, incapacity, or conviction which carries a penalty of disqualification to hold office.
27. 30. Compensation of Members of Congress The salaries of the members of both Houses are fixed by law; it may be increased, but the effectivity of such shall only be given to the members after the full term of their respective offices has elapsed. However, no decrease of salary of members can be allowed, as they are entitled to the right to salary. Art. XVIII, Sec. 17 reads, “The President of the Senate and the Speaker of the House shall receive an annual salary of P 240,000, and the Senators and the members of the House of Representatives shall receive P204,000 each per year…”
28. 31. Rights and Privileges of Members of Congress The Constitutional rights and privileges of members of Congress shall include the following: 1. Right to salary; 2. Freedom of speech and debate without question; 3. Freedom from arrest while the Congress is in session, except when the offense of which a member is charged is punishable by more than six years imprisonment; and 4. Parliamentary immunity. The aim of this privilege is to facilitate that members of Congress can Effectively discharge their functions without previous restraints.
29. 32. Power of Congress
30. 33. 1.Over and above, the power to make laws and to pass resolutions; 2.To approve appointments made by the President through Commission of Appointments; 3.To decide cases of electoral protest involving its members through an Electoral Tribunal; 4.To declare the existence of a state of war by 2/3 votes of both Houses, voting independently; 5.To ratify treaties upon 2/3 votes of all members of Congress, voting separately;
31. 34. 6. To grant the President emergency powers in times of war and national distress; 7. To provide for the rules of presidential succession should the speaker of the House fails to qualify; 8. To concur to a grant of amnesty by the President; 9. To exercise the power to override the veto power of the President; 10. To hear and decide cases of impeachment against high officials; 11. To exercise the power to amend or revise the Constitution; 12. To prescribe, define, and apportion the jurisdiction of lower courts;
32. 35. 13. To determine or apportion seats of Legislative districts; 14. The power to tax and levy impositions; 15. To determine the disability of the President and the Vice-President; 16. To break a knot ion case when there is a tie for the position of President of the Republic; 17. To cancel or extend Martial Law; 18. To investigate in aid of legislation; 19. To approve the annual budget of the government as prepared by the Executive; 20. To determine the rules of proceedings and more.
33. 36. Parliamentary Immunities Art. VI, Sec. 2 provides two immunities, which a member of Congress may enjoy in the exercise of his task (while the Congress is in session). These are: 1.A Senator or a member of the House of Representatives shall be privileged from arrest while the Congress is in session; and 2.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.
34. 37. The privileges are personal ones and may be waived. There are, however, exemptions from parliamentary immunities: a.Given gravity and seriousness of the offense committed, any members of the Congress cannot invoke immunity from arrest, when the penalty of the charge leveled against him carries the penalty of more than six (6) years imprisonment; and b.When a member is not acting as a member of Congress, but on his personal capacity.
35. 38. Disabilities of Members of Congress While the members of the legislative may be enjoy some constitutional and statutory grants or privileges, they are likewise constrained by some technical disqualifications. As provided under Art. VI, Sec.14, the prohibitions are: 1. No Senator or member of the House of Representatives may personally appear as counsel before any court of justice or before the electoral tribunals, or quasi-judicial and administrative bodies. 2. Any member shall not, either directly or indirectly, show financial interests in any contract with the government or any of its agency or instrumentality thereof, including GOCCs, during his incumbency. This includes government franchise.
36. 39. 3. Any member shall not intervene in any matter before any office of the government for his own benefit.
37. 40. Incompatible and Forbidden Office By Incompatible office, we mean that no member of the Congress may hold any other office in the government or its subdivisions, agency, or any instrumentality thereof, including government-owned or controlled corporation, during his incumbency. A member of Legislative cannot be appointed as a department secretary or a director of any government positions while holding his position at the same time, not unless he resigns.
38. 41. By Forbidden office, we mean that no member of the Congress can be appointed to any office created or the emoluments of which have been increased during the term for which he was elected. Under art. IX-B, Sec. 8 “no elective officer or employee shall receive additional, double, or indirect compensation unless specifically authorized by law, nor accept without the consent of the Congress any present emolument, office or title of any kind from foreign government.”
39. 42. Sessions of Congress Art. VI, Sec. 15 reads: “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 30 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.”
40. 43. 1.Regular Session The Congress shall meet or convene once in every year beginning on the fourth Monday of July for its regular session, unless law fixes a different date. Once the Congress has convened, the session continues for such duration until thirty (30) days before the opening of the next regular session, exclusive of Saturdays, Sundays, and legal holidays.
41. 44. 2. Special Session The Congress may be called upon by the President anytime to consider some urgent and national concern. Some peculiar characteristics include: a.Special session has no definite or fixed date. It may be called anytime; b.Special session considers only one subject matter/agendum when Congress is convened for the purpose; c.Special session may also be called or convened by the Congress; and d.Special session normally is brief and attends only to the agenda being called for.
42. 45. 3. Executive Session In some rare cases, the Congress or the President may call for a secret or close door session when matters concerning national interest are to be discussed.
43. 46. Quorum and Business Quorum is the required number of members of each House to be present in order to legally transact a business. Each House shall determine its own quorum. The Constitution requires that the majority of each Houses may adjourn from day to day, and may compel the attendance of absent members in such manner, and other such penalties as each House may provide. Both Houses shall elect their political leaders at the pleasure of their members. The Senate shall determine its speaker by majority votes of all its respective members.
44. 47. Disciplinary Behavior Under the Constitution, each House of Congress may determine acts constituting disorderly behavior, and whether a Member should be suspended or expelled. Each House is authorized under its Rules to punish its member for disorderly behavior, and with the concurrence of two-thirds vote of all kits members, suspend or expel an erring legislator. The Constitution, however, limits the suspension to sixty days.
45. 48. Internal Discipline Internal Discipline is an inherent legislative power. The Court once said: “If the power did not exist, it would be utterly impractible to transact the business of the nation, either at all, or at least with decency, deliberation, and order. The humblest assembly of men to understood to posses this power, and would absurd to deprive the councils of the nations of a like authority.”
46. 49. Journal and Enrolled Bill A journal is an official report of the legislative. It is written business, which arises from all the legislative proceedings. Art. VI, Sec. 16 (4) “each House shall keep a journal of its proceedings, and from time to time publish the same, expecting such parts as may in its judgment, affect national security, and the years and nays on any question shall, at the request of one-fifth of the member present be entered in the journal. Each house shall also keep a record of its proceedings.”
47. 50. An enrolled bill refers to a bill which has been duly introduced, finally enacted by both House, signed by the proper officers of each House, and approved by the President. An enrolled copy bill is conclusive not only of its provisions, but also of its due enactment. In case of conflict between the journal and an enrolled bill, the latter prevails over the former, save as to matter required by the Constitution to be enacted in the journal.
48. 51. Adjournment Art. VI, Sec. 16 (5) adds, “neither the House during the session of the Congress shall without the consent of the other, adjourn for more than three (3) days, nor to any other place than in which the two Houses shall be sitting.”
49. 52. The Organization of Electoral Tribunal Each House shall have and Electoral Tribunal, in which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective members. The characteristics and composition are:
50. 53. 1. Each Electoral Tribunal shall be composed of nine members, three whom shall be justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be members of the Senate or the House of Representatives, as the case may be;
51. 54. 2. Membership shall be chosen on the basis of the proportional representation from the political parties, and the parties or organizations registered under the party list system represented therein; 3. The Senior Justice in the Electoral Tribunal shall be its Chairman (Sec. 17); 4. Members enjoy security of tenure. It is co-terminus with their legislative term of service;
52. 55. 5. The decision arrived at by the Electoral Tribunal shall be final. It may be appealed though to the Supreme Court on the cases or instances of certiorari, grave abuse of discretion; 6. The Electoral Tribunal shall have jurisdiction over election contests by the members of the Senate and the House of Representatives as the case may be. Pre-proclamation concerns or issues are, however, the jurisdiction under COMELEC.
53. 56. Organization of the Commission on Appointments The Congressional and Commission of Appointments (CA) shall approve all appointments made by the Chief Executive to various government positions. All appointments by the President can only be pursued upon the consent of the Commission on Appointments. The characteristics of the Commission are as follow:
54. 57. 1. The Commission shall consist of the President of the Senate, as ex-officio chairman, 12 Senators, and 12 members of the House of Representatives, elected by each House on the basis of proportional representation; 2. The Chairman of the Commission shall not vote, except in case of tie;
55. 58. 3. The Commission shall act on all appointments submitted to it within 30 sessions days of Congress from their submission; and 4. The Commission shall rule by a majority vote of all members (Sec. 18)
56. 59. Inquiries in aid of Legislation “The Senate or the House of Representatives or any of its respective Committee, may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The right of person appearing in or affected by such inquiries shall be respected” (Sec. 21). The Senate Blue Ribbon committee is an example. The power of inquiry and investigation exists not only to enable Congress to discharge effectively its primarily legislative and law-making functions.
57. 60. Limitations of the Investigative Power of Congress: 1. Inquiry shall be conducted only in aid of legislation; 2. The Constitutional right against self-incrimination to the person being investigated shall not be violated; 3. The right to counsel shall be respected to the persons being investigated in Congress; 4. Each House conducting the inquiry shall publish the rules of procedure governing the investigation and shall be made known to the person concerned; and 5. Such congressional inquiry shall not serve a member’s personal aggrandizement.
58. 61. Question Hour The question hour is a parliamentary feature adopted under our presidential system. The power of Congress to call any head of a department, as its House Rules shall provide, to appear before and be heard by the requesting.
59. 62. Declaration of Existence of the State of War Section 23 writes: “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. In times of war or other national emergency, the Congress may, by the law, authorize the President, on a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn, by resolution of Congress, such powers shall cease upon the next adjournment thereof”
60. 63. Appropriation Powers The Administrative Code of 1987 defined appropriation as an organized made by law or other legislative enactment, directing payment out of government funds under specified conditions and/or for special programs. Thus, an appropriation bill aims to authorize the release of public funds from treasury.
61. 64. The following bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments: 1.Appropriation bills 2.Revenue or tariff bills 3.Bills authorizing increase of public debt 4.Bill of local application 5.Private bill
62. 65. A General Appropriation is an annual budget, which the Congress set aside to appropriate the expenses for the general operation of the government. A Special Appropriation is a supplemental appropriation not contained in the budget. A Specific Appropriation is an appropriation sets aside a fixed amount of money for the payment of a certain program. A Continuing Appropriation refers to the named amount of money which, when not appropriated at the end of the fiscal year, shall automatically be accrued for the next calendar year.
63. 66. Other Kinds of Appropriation 1. Tariff bill - is one that imposes revenues or customs duties for specific purposes. But, a bill imposing high tariff rates in particular foreign goods with the purpose to protect local goods on industries against competition is not a revenue bill. 2. Bill authorizing income of the public debt - essentially, a bill, which facilitates the government to issue bonds and other forms of indebtedness, which will be chargeable from future public funds. 3. Bill of local application - a bill that directly allots to local or municipal appropriation.
64. 67. 4. Private bill - a bill that affects purely private interests, like indemnification to a person who suffered damages from the negligence of the government or its agency or instrumentality or any part thereof.
65. 68. General Rules of Appropriation (See Art. VI, Sec. 25) 1. The Congress may not increase the appropriations recommended by the President for the operation of the government as specified in the budget; 2. No provision or enactment shall be embraced in the general appropriation bill, unless it relates specifically to some parts/particular of the appropriation therein; 3. The procedures in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies;
66. 69. 4. A special appropriation bill shall specify the purpose for which it is intended, and shall be supported by funds actually available; 5. No law shall be passed authorizing any transfer of appropriation, except otherwise provided by law (Sec. 25{5}) 6. Discretionary funds appropriated for particular offices or officers shall be disbursed only for public use; and 7. if, at the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuring fiscal year, the general appropriation laws for the preceding fiscal year shall be deemed re-enacted.
67. 70. Budget -refers to the financial statement or record of the central government for an incoming fiscal year, including the statements of the projected receipts from revenue collections and expenditures for the year. Rider -is prohibited under the Constitution. A rider is a loose provision or enactment being inserted in the general appropriations bill, which does not form integral part of certain appropriation contained therein.
68. 71. Passage of a Bill
69. 72. A bill is essentially a proposed law by the legislative department. Each house may propose a bill, when the House of Representatives proposes one, it shall be called a House Bill, and when the Senate initiates a proposal, it shall be called a Senate Bill.
70. 73. The Hodge-podged legislation refers to any proposed measure consisting of general or more unrelated subjects, but are integrated in the proposal in order to guarantee support from members of the Congress. The avoidance of logrolling legislation is to ensure enough consideration and support from the members in regard to the passage of a bill into law.
71. 74. The passage of a bill into law follows strictly the procedures: 1.First Reading 2.Second Reading 3.Floor Debates 4.Printing and Distributions 5.Third Reading 6.Transmitted to the Other House 7.Submission to Joint Bicameral Committee 8.Approval of Consolidated Bill by Both Houses 9.Submission to the President 10.Veto Power of the President
72. 75. 10. Veto Power of the President Particularly: a.Every bill must be presented and approved by the President; b.In case, the President disapproves a bill, he exercises veto power and returns it, with his objection, to the House where it originated; c.In case the House, after such deliberation, considered the bill as proposed, a 2/3 vote may carry its power to override the veto.
73. 76. Component Parts of a Law 1.Title – refers to the subject matter of the law, or the Act carried by the legislative department, and the executive as well. 2.Preamble – introduces the objectives for the enactment of the Act and explains the general reasons for such legislation. 3.Enacting Clause – refers to the collective and distinct will of both Houses to enact an act or a bill. Enacting clause specifically states the reason for the legislation Act. 4.Body – pertains to the total substance or content of the proposed bill.
74. 77. 5. Effectively Clause – indicates the time at which the law shall take effect. Usually, a law will be enforced next following the next 15-day publication requirement in a newspaper of general circulation in the Philippines or in the Official Gazette, not unless a date is fixed as to its effectivity.
75. 78. Taxation is a means of raising funds for the operation of the government, especially its public services. The distribution of the tax burden should be equitable or fair. This means a person has to pay taxes based on his ability to pay. Taxes should serve as tools in facilitating economic stability and growth.
76. 79. Basis of Taxation Under the Constitution, the rule of taxation (See Sec. 28) shall include the following: 1.The rule shall be uniform and equitable; 2.The taxation should be based on progressive income system; 3.The Congress may authorize the President to fix tariff rates, import and export quotas, tonnage and wharfage dues, and other duties and imports, subject to the limitation of the Congress; and
77. 80. 4. 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.
78. 81. Who are exempted from paying taxes? Charitable institutions, churches and parsonages, or convents appurtenant thereto, mosques, non-profit cemeteries, and all other facilities used for religious and educational purposes.
79. 82. Limitations of the Power of Congress 1.Under Art. III based on the Bill of Rights: a.That the Congress cannot pass laws impairing the obligations of contrast (Sec. 10) b.That no law shall impair the freedom of speech, of press, and of expression (Sec. 10) c.That no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof (Sec. 5) d.No person shall be held liable to answer for a criminal offense without due process of law (Sec. 14)
80. 83. e. No person shall be imprisoned for debts or non-payment of a poll tax (Sec. 20); and f. No ex-post facto law or bill of attainder shall be enacted (Sec. 22)
81. 84. 2. Under Art. VI, Sec. 29 a. Money shall be paid out the treasury, except in the punishment of an appropriation made by law; and b. No public money or property shall be appropriated, applied or 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 preacher, minister or dignitary assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.
82. 85. 3. Art. VI, Sec. 30 states: “no law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence.” 4. Art. VI, Sec. 31 declares: “no law granting a royalty or nobility shall be enacted.” 5. The Congress cannot pass law granting tax exemption in the absence of the concurrence of the majority of all members of the House.
83. 86. Legislative Power of the People The legislative department is no longer the sole body or institution, which enact laws and pass resolutions. Under the 1987 Constitution, the people have the power to participate directly in legislating laws through initiative and referendum.
84. 87. Art. VI, Sec. 32 declares: “The Congress shall, as early as possible, provides for a system of initiative and referendum, and exemption therefrom, whereby the people can directly propose and enact laws or approve or reject any act or part thereof passed by the Congress or local legislative body after the registration of a petition thereof 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 3 per centum of the registered voters thereof.”
85. 88. End of Report
86. 89. Group 2 Almazon, Ivan Christian Dimaano, Rogiselle Guce, Jesiree Gutierrez, Joan Bernadette Lazaro, Cassandra Manabe, Maria Katrina Reyes, Patricia Saludo, Alyssa Marie

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.

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 may be 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 election. No 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 of 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 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.

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.

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.

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

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.

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.

Section 11. A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.

Section 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

Section 13. No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected.

Section 14. No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office.

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.

(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.

(3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days.

(4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal.

Each House shall also keep a Record of its proceedings.

(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. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.

SECTION 18. There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The Chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members.

SECTION 19. The Electoral Tribunals and the Commission on Appointments shall be constituted within thirty days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker. The Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it.

SECTION 20. The records and books of accounts of the Congress shall be preserved and 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.

SECTION 22. The heads of departments may upon their own initiative, with the consent of the President, or upon the request of either House, as the rules of each House shall provide, 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.

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.

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

SECTION 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.

SECTION 25. (1) The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law.

(2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates.

(3) The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies.

(4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposed therein.

(5) No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.

(6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law.

(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress.

SECTION 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.

(2) No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

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 the 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.

(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.

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 29. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

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

(3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.

SECTION 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence.

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 therefor 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.