1.

Qualifications of the Members of Congress executory but on the same date, she already took her oath of office
before the Speaker of the House of Representatives. She is sought to
SENATE be removed from office because of her disqualification.
C-A-A-R-R
Who has jurisdiction?
QUALIFICATIONS
Citizenship Natural-born citizen (Sec. 3)
COMELEC, not yet HRET. Supreme Court said that it SHOULD be
Age 35 on the day of the election*
Able to Read & Write Filipino based on a valid proclamation. If the proclamation is not valid or that
Registered Voter there is no basis for the proclamation, then there is no proclamation at
Residence Not less than 2 years all and the jurisdiction will still remain with the COMELEC.
immediately preceding the day
of the election 3. Qualifications of Party-List Organizations

HOUSE OF REPRESENTATIVES Sec. 9 of RA 7941 provides for the QUALIFICATIONS OF PARTY-

LIST NOMINEES:

QUALIFICATIONS C-A-A-R-R - Natural-born citizen of the Philippines;

Citizenship Natural-born citizen (Sec. 6) - Registered Voter;
Age 25* on the day of the election - Resident of the Philippines for a period of not less than 1
Able to Read & Write Filipino year immediately preceding the day of the election;
Registered Voter For District Representative
- Able to read and write
- In the district, in w/c he/she
shall be elected - A bona fide member of the party or organization which he
seeks to represent for at least 90 days preceding the days of
Residence For District Representative the election; and
- At least 25 years old on the day of the election
  For youth sector
2. Jurisdiction of HRET At least 25 but not more than 30 years old on the
day of the election
Sec 17, Art. VI. The Senate and the House of Representatives Any youth sectoral representative who attains the
shall each have an Electoral Tribunal which shall be the sole age of 30 during his term shall be allowed to continue in
judge of all contests relating to the election, returns, and office until the expiration of his term.
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 Sec. 6 of RA 7941 provides for the GROUNDS FOR REFUSAL OR
Justice, and the remaining six shall be Members of the Senate or CANCELLATION OF THE REGISTRATION:
the House of Representatives, as the case may be, who shall be 1. It is a religious sect or denomination, organization or
chosen on the basis of proportional representation from the association organized for religious purposes;
political parties and the parties or organizations registered under 2. It advocates violence or unlawful means to seek its goal;
the party-list system represented therein. The senior Justice in the
3. It is a foreign party or organization;
Electoral Tribunal shall be its Chairman.
4. It is receiving support from any foreign government, foreign
Sec 19, Art. VI. The Electoral Tribunals shall be constituted within political party, foundation, organization, whether directly or through
thirty days after the Senat and the House of Representatives shall any of its officers or members or indirectly through third parties for
have been organized with the election of the President and the partisan election purposes;
Speaker. 5. It violates or fails to comply with laws, rules or regulations
relating to elections;
COMPOSITION 6. It declares untruthful statements in its petition;
9 MEMBERS 7. It has ceased to exist for at least one (1) year; or
8. It fails to participate in the last two (2) preceding elections or
 3 from Supreme Court Justices (designated by Chief Justice) fails to obtain at least two percent (2%) of the votes cast under the
 6 from Senate and House of Representative (Proportional party-list system in the two (2) preceding elections for the constituency
representation) in which it has registered.
CASE: BARBERS v. COMELEC
SOLE JUDGE: No other entity has jurisdiction in terms of contests 4. Jurisdiction of COMELEC over Party-List Organizations
relating to election, return and qualifications of their members of
specific house. COMELEC will determine who are qualified or disqualified. RA 7491
ELECTION CONTESTS: conduct of the polls, including the listing of provides the REQUIREMENTS to register as a party in the party-list
voters, voting of electoral campaign, casting and counting of votes system.
ELECTION RETURNS: canvass of returns and proclamation of
winners, including questions concerning the composition of the Board 1. REGISTRATION
of Canvassers and the authenticity of the election returns Section 5 of RA 7491 provides that any organized group of persons
QUALIFICATIONS: members of senate and lower house may register as a party, organization or coalition for purposes of the
party-list system.
REQUIREMENTS BEFORE YOU CAN BE CONSIDERED A
MEMBER OF THE HOUSE OF REPRESENTATIVES:
a) There must be a valid proclamation 2. MANIFESTATION
b) You must have taken a proper oath
c) You must have assumed office Section 4 of the same law provides that any party, organization, or
coalition already registered with the Commission need not register
anew. However, such party, organization, or coalition shall file (or
CASE: REYES v. COMELEC manifest to participate) with the Commission.
Reyes was a candidate for House of Representatives. On May 14, COMELEC can disqualify/ cancel your registration if you failed to
2013, the COMELEC cancelled her certificate of candidacy for failing to participate in the last 2 preceding elections, OR in the last 2 preceding
comply with RA 9225. Four days thereafter, she was proclaimed as elections, you failed to garner at least 2% of the votes cast for the
winner. On June 5, 2013, the COMELEC decision became final and Party-list. In case of the latter, you have to register again.
 add (i.e. another city) to create a substantial population to be
3. NOMINEES represented.
Every time there is an additional district, it will add to the number of
Section 8 of the same law provides that each registered party, District Representatives. This will rule in the determination of the
organization or coalition shall submit to the COMELEC not later than number of Party-list Representative will be seated in a particular
forty-five (45) days before the election a list of names, not less than congress.
five (5)
7. Legislative Process, requirements as to bills and exceptions
5. Term limitations as to certain requirements on the passage of bills

In a legal sense, TERM means a fixed and definite period of time PROCEDURE FOR THE PASSAGE OF BILLS
which the law describes that an officer may hold an office. - A bill is introduced by any member of the House of
Representatives or the Senate except for some measures
NOTE: The term 6 yrs (Senate) and 3 yrs (HoR) have term limitations that must originate only in the former chamber.
of 2 consecutive terms (Senate) and 3 consecutive terms (HoR).
- The first reading involves only a reading of the number and
title of the measure and its referral by the Senate President
Section 4, Art. VI. xxx No Senator shall serve for more than two or the Speaker to the proper committee for study.
consecutive terms. Voluntary renunciation of the office for any length of
time shall not be considered as an interruption in the continuity of his - The bill may be "killed" in the committee or it may be
service for the full term of which he was elected. recommended for approval, with or without amendments,
sometimes after public hearings are first held thereon. If
NOTE: The renunciation should be voluntarily given, acted upon by the there are other bills of the same nature or purpose, they may
public officer (i.e. Senator, House of Representative). If it is all be consolidated into one bill under common authorship or
involuntary, the term limitation will most like not apply. as a committee bill.

Renunciation means that the Senator really steps down from the - Once reported out, the bill shall be calendared for second
office and losses his right to the office. Temporary Renunciation (e.g. reading. It is at this stage that the bill is read in its entirety,
preventive suspension) means that you are not actually removed from scrutinized, debated upon and amended when desired. The
the office, you are just temporarily not allowed to hold that office. second reading is the most important stage in the passage of
a bill.
NOTE: Preventive suspension can be part of the investigation or can
be a penalty. If preventive suspension is part of the investigation and if - The bill as approved on second reading is printed in its final
the penalty if preventive suspension but only for temporary period then form and copies thereof are distributed at least three days
it will also amount to an involuntary renunciation; hence, the term before the third reading. On the third reading, the members
limitation will not apply. merely register their votes and explain them if they are
allowed by the rules. No further debate is allowed.
6. Power to apportion legislative districts
- Once the bill passes third reading, it is sent to the other
Sec. 10, Art. X. No province, city, municipality, or barangay may be chamber, where it will also undergo the three readings. If
created, divided, merged, abolished, or its boundary substantially there are differences between the versions approved by the
altered, except in accordance with the criteria established in the local two chambers, a conference committee58 representing both
government code and subject to approval by a majority of the votes Houses will draft a compromise measure that if ratified by
cast in a plebiscite in the political units directly affected. the Senate and the House of Representatives will then be
submitted to the President for his consideration.
There are provisions under the Local Government Code providing the
requirements for the creation of the local government. - The bill is enrolled when printed as finally approved by the
Congress, thereafter authenticated with the signatures of the
NOTE: You cannot create a province or city unless it is based on the Senate President, the Speaker, and the Secretaries of their
provisions of the Local Government Code. Necessarily, because of the respective chambers
provisions of the Constitution on the province, there will be a resultant
administrative district; or once you create a city, under the local - A bill is introduced by any member of the congress except
government code, you need at least 250, 000 population, which for some measures which must originate only in the House
creates an administrative district. of Representatives

If the laws [creating a province] have already been passed under the 8. Vetoes
Section 10, Article X, there is still a requirement that it will be a subject
to the approval of the majority of the votes casted in the plebiscite in PRESIDENT’s VETO POWER
the political units directly affected.
Sec. 27, Art. VI.
REAPPORTIONAMENT (1)Every bill passed by the Congress shall, before it becomes a law, be
Reapportionment is the realignment or change in legislative districts presented to the President. If he approves the same, he shall sign it;
brought about by changes in population and mandated by the otherwise, he shall veto it and return the same with his objections to
constitutional requirement of equality of representation (Naval v. the House where it originated, which shall enter the objections at large
COMELEC, 729 SCRA 299). in its Journal and proceed to reconsider it. If, after such
QUESTION: The rearrangement of districts resulted to the decrease of reconsideration, two-thirds of all the Members of such House shall
population (below the required 250,000 population) of the original agree to pass the bill, it shall be sent, together with the objections, to
district. Would that affect the creation of the new district? the other House by which it shall likewise be reconsidered, and if
ANSWER: No. When there is a rearrangement, it presupposes that approved by two-thirds of all the Members of that House, it shall
there is already an initial district which has complied with the become a law. In all such cases, the votes of each House shall be
requirements. The additional district is not necessarily required to have determined by yeas or nays, and the names of the Members voting for
a 250, 000 population to be a new district. The important thing to or against shall be entered in its Journal. The President shall
remember is that, at the onset, the original district has already communicate his veto of any bill to the House where it originated within
complied with the requirements. For provinces, there is no requirement thirty days after the date of receipt thereof; otherwise, it shall become a
to have a 250,000 population (because it is given), but necessarily you law as if he had signed it.
have to meet the 250,000 plus the additional population before you
When the President’s veto a bill, he shall return the same to the
Congress with a veto message.
Congress may override the veto–by 2/3 of all the Members of such governed by international law. But a treaty, as opposed to an executive
House shall agree to pass the House it shall be sent, together with the agreement, will exist upon its own. Or it is the start of the relationship,
objections, to the other House by which it shall likewise be as regards that particular treaty. Whereas an executive agreement,
reconsidered, and if approved by two-thirds of all the Members of that cannot exist unless there is a treaty which is to be implemented. The
House, it shall become a law. No need for the President’s signature. details are to be fixed, the procedures to be agreed upon and etc., and
it will be thru that executive agreement. In international law, an
(2) The President shall have the power to veto any particular item or
executive agreement and treaty are treated the same in terms of
items in an appropriation, revenue, or tariff bill, but the veto shall not
effectivity or binding effect. However, an executive agreement does not
affect the item or items to which he does not object.
to be compliant with these requirements under the Constitution for
This is what we called LINE ITEM VETO. If it an ordinary law – it treaties. Because an executive agreement presupposes a treaty which
should be veto all or none at all. But when it comes to appropriation, has already complied with these requirements.
revenue, or tariff bill, it can be line item vetoed. Note: Veto – Item +
Provision 11. Executive Privilege

2 TYPES OF EXECUTIVE PRIVILEGE

POCKET VETO - Privilege by the presidential communication privilege
This is no longer applicable in the Philippines. It was present in the - Deliberative process privilege
1935 Constitution. It is a legislative maneuver that allows the President
to exercise that power by taking no action. It grants the President 20 PRESIDENTIAL COMMUNICATION PRIVILEGE
days to review, but because the Congress adjourns during this 20-day- ELEMENTS:
period it prevents the President to exercise his veto power. The bill will a. The protected communication must relate to a
not become a law. quintessential and non-delegable presidential power.
It’s purely an executive privilege.
ABSOLUTE VETO
The Head of State refuses to accent the bill; the legislature cannot do Example: foreign relations
anything about it. Signing of an enrolled bill
NOTE: In the Philippines, we have no ABSOLUTE VETO, just b. Communication must be authored or solicited and
QUALIFIED VETO. received by a close advisor of the president or the
president himself.
9. Power to Discipline Members of Congress
DETERMINATION
Sec. 13 (3), Art. VI. Each house may determine the rules of its  Proximity test
proceedings, punish its members for disorderly behavior, and with the Example: Nixon case (Watergate scandal) adopted by
concurrence of 2/3 of all its members, suspend or expel a member, the the Philippines (only those with close proximity to the
penalty of suspension when imposed shall not exceed 60 days. President or the Malacanang)
Position of Bong GO (special assistant of President
NOTE: When the discipline is suspension and/or expulsion, it must be Duterte) – Close proximity with the president, close
2/3 of all its members. For discipline other than suspension and relation.
expulsion, it’s not required to be 2/3. More so, suspension should not
be more than 60 days.  Organizational test
Those by reason of their position in the executive
2/3 of the House of Senate is 16 organization has close proximity with the president
Example: In the Cabinet meeting, only the cabinet members
2/3 of the House of Representatives depends on the current
composition of the HOR. are allowed there and some staffs.

10. Treaty/International Agreements versus Executive DELIBERATIVE PROCESS PRIVILEGE

Agreements
This already applies to executive officials involved in decision making,
officials in the executive branch should have a leeway to tell you
TREATY
truthfully kung ano ang gusto nilang mangyari why they disapproved in
In the case of Bayan vs. Zamora, a treaty, as defined by the Vienna
a particular matter, etc. and for that purpose, everything they say in the
Convention on the Law of Treaties, is "an international instrument
deliberation of a decision, must be kept confidential, otherwise if it is
concluded between States in written form and governed by
not confidential, then they will be afraid to tell you the truth The same
international law, whether embodied in a single instrument or in two or
with negotiations with foreign countries, you have to be candid sa
more related instruments, and whatever its particular designation."
kanila na “we need this, and do this ganun “ there are certain matters
that we cannot do, etc “ and you have to be honest. The purpose of the
Further, in this case, “there are many other terms used for a treaty or
deliberative process privilege is to make sure that the decision-making
international agreement, some of which are: act, protocol, agreement,
process, and the communications and negotiations involved is 100
compromis d' arbitrage, concordat, convention, declaration, exchange
percent based on honest and truthful negotations, “so that’s why its
of notes, pact, statute, charter and modus vivendi.”
kept confidential, to make sure that the purpose is achieved in the
deliberation of whatever decision is made by the president and the
When it is an international instrument, concluded by two or more
executive decision makers.
independent states and governed by international, by whatever name it
is called it will be considered a treaty.
So again, the president can claim this but all those involved in the
EXECUTIVE AGREEMENT is an agreement between two independent deliberation or the decision making can be covered by the deliberative
states is also governed by international law. process privilege.

DIFFERENCE OF EXECUTIVE AGREEMENT AND TREATY 12. Role of Congress in Emergency Powers

The main difference is that an executive agreement is an agreement Sec. 23, Art. VI
that stems from a treaty, which fixes the details on how the treaty is to (1) The Congress, by a vote of two-thirds of both Houses in joint
be implemented. session assembled, voting separately, shall have the sole power to
declare the existence of a state of war.
Meaning, there is no executive agreement unless there is a treaty
(2) In times of war or other national emergency, the Congress may, by
entered into. It is confusing at first because by definition, it could have
law, authorize the President, for a limited period and subject to such
been the same, because it is an agreement by two independent states
restrictions as it may prescribe, to exercise powers necessary and
proper to carry out a declared national policy. Unless sooner withdrawn - Treason;
by resolution of the Congress, such powers shall cease upon the next - Bribery;
adjournment thereof. - Graft and corruption;
- Other high crimes; or
Paragraph 1 refers to the legislative power to declare the existence of - Betrayal of public trust.
a state of war. If you remember the discussion before, this power is not
to declare an aggressive war but a defensive war. It is when another NOTE: The list of impeachable officers is exclusive and the list on the
country is already declaring war against us. They would just declare a grounds for impeachment are also limited.
state of war.
PROCEDURE FOR IMPEACHMENT
Paragraph 2: In connection with paragraph 1, when congress declares Sec. 3, Art XI
a state of war, it also has the power to create a law which grants the (1) The House of Representatives shall have the exclusive power to
president or anybody with emergency power, to deal with the state of initiate all cases of impeachment.
war or state of emergency.
(2) A verified complaint for impeachment may be filed by any Member
Under section 23 No. 2, national emergency is not defined, it can be of the House of Representatives or by any citizen upon a resolution or
any in all possible national emergency. However, the emergency endorsement by any Member thereof, which shall be included in the
power granted here is granted by congress. It does not flow from the Order of Business within ten session days, and referred to the proper
declaration only of a state of war or state of national emergency. There Committee within three session days thereafter. The Committee, after
should be a law which will define, restrict and prescribe how the hearing, and by a majority vote of all its Members, shall submit its
emergency powers will be exercised. report to the House within sixty session days from such referral,
together with the corresponding resolution. The resolution shall be
13. Enrolled Bill Doctrine and Journal Entry Rule calendared for consideration by the House within ten session days
from receipt thereof.
ENROLLED BILL THEORY
The Senate President and the Speaker of the House signs the bill (3) A vote of at least one-third of all the Members of the House shall be
allegedly passed by both houses and certified by the secretaries of the necessary either to affirm a favorable resolution with the Articles of
respective Houses and is submitted to the President for signature. It is Impeachment of the Committee, or override its contrary resolution. The
a conclusive (no other evidence which can be present that the vote of each Member shall be recorded.
procedure was not done or bypassed) due enactment. Whatever is the
final form signed and certified for the signature of the president is (4) In case the verified complaint or resolution of impeachment is filed
conclusive of its contents and due execution of that bill. by at least one-third of all the Members of the House, the same shall
constitute the Articles of Impeachment, and trial by the Senate shall
JOURNAL ENTRY RULE forthwith proceed.
- Opposed to the concept of the enrolled bill
(5) No impeachment proceedings shall be initiated against the same
- Purpose of determining the date of adjournment official more than once within a period of one year.
- Also talks about conclusiveness like the enrolled bill
(6) The Senate shall have the sole power to try and decide all cases of
- It is conclusive to the matter that are required to be entered impeachment. When sitting for that purpose, the Senators shall be on
to the journal oath or affirmation. When the President of the Philippines is on trial, the
Chief Justice of the Supreme Court shall preside, but shall not vote. No
- And to other matters in the absence of evidence to the person shall be convicted without the concurrence of two-thirds of all
contrary the journals have also been accorded with the Members of the Senate.
conclusive effect
CONSEQUENCE OF IMPEACHMENT
MATTERS REQUIRED TO BE ENTERED IN THE JOURNAL Sec. 3 (7), Art. XI. Judgment in cases of impeachment shall not extend
1. Yeas and Nays on 3rd and Final reading of a Bill further than removal from office and disqualification to hold any office
2. Veto Message of the President under the Republic of the Philippines, but the party convicted shall
3. Yeas and Nays on the repassing of a bill vetoed by the president nevertheless be liable and subject to prosecution, trial, and punishment
4. Yeas and Nays on any question at the request of 1/5 of the according to law.
members present
5. Summary proceedings
6. Such other matters which each house in its discretion may direct to 15. Doctrine of Non-Delegation of Legislative Power and its
be entered in the journal exceptions
7. Votes of each member of the House of Reps in impeachment cases
IMPLIED SUBSTANTIVE LIMITATION
JOURNAL ENTRY RULE ENROLLED BILL THEORY
shall prevail if the question is shall be consulted if the  The doctrine of non-delegation of powers; applicable to all
in voting question refers to the branches; whenever the sovereign power of the state has
provision of the law been located or given to a certain authority, there it must
will prevail if it is required to will prevail if it is NOT remain and by that constitutional agency alone the laws must
be put in the journal required to be put in the be made until the constitution itself is changed

EXCEPTIONS OF NON-DELEGATION
14. Impeachment - Delegations to the President of legislative power (Section
23(2) and Section 28 Article VI).
POWER OF IMPEACHMENT
WHO ARE SUBJECT TO IMPEACHMENT? - Delegation to the people (Section 32 Article VI)
- President
- Vice president - Delegation to the local government (Section 5 Article XI and
- Members of the SC Section 10 Article X)
- Members of the constitutional commissions (COA, Civil
Service, COMELEC) - Subordination legislations/ delegated rule making
- Ombudsman
GROUNDS (Sec. 2, Art. XI) This is the most subject matter of most Supreme Court cases on
- Culpable violation of the Constitution; delegation of legislative power. So, this includes the subordinate
legislation or the subordinate rule making. This includes rule making
per se. It includes the promulgating of rules and regulations passed by Sec 14, Art VI. No Senator or Member of the House of
congress. 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
16. Legislative Power instrumentality thereof, including any government-owned or controlled
corporation, or its subsidiary, during his term of office. He shall not
LEGISLATIVE POWER is generally described as the power to make intervene in any matter before any office of the Government for his
laws and to subsequently alter, amend, and repeal them. pecuniary benefit or where he may be called upon to act on account of
his office.
- May not appear as counsel;
LEGISLATIVE POWER IS PLENARY - Having any financial interest in any contract or franchise by
All that is considered to be legislative power is the plenary legislative the government applicable only during his term;
power of any legislative body. Constitution limits the extensive power
making laws Legislative body, ideally, can make any law on whatever - Should not intervene with any matter for his pecuniary
subject matter for the government of a body politic, however because benefit.
of our Constitution there are certain limitations on what laws can be
made by our legislative body, or what requirements are necessary for 18. Power to declare a state of war
making certain laws (ex. Appropriation laws, tax laws, etc.)
Sec. 23, Art. VI
CONCEPT OF GENERAL PLENARY POWER (1) The Congress, by a vote of two-thirds of both Houses in joint
Plenary or general power is defined as those powers which are not session assembled, voting separately, shall have the sole power to
enumerated but exists by virtue of the existence of such power. A declare the existence of a state of war.
legislative body is considered to have all legislative power that
humankind can think of. (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
NOTE: For Legislative Power, it is whatever necessary power that a restrictions as it may prescribe, to exercise powers necessary and
legislative body should have in order to create laws. proper to carry out a declared national policy. Unless sooner withdrawn
by resolution of the Congress, such powers shall cease upon the next
AUXILLIARY LEGISLATIVE POWER adjournment thereof.
Part of the General Plenary Powers which is not necessarily legislative
Paragraph 1 refers to the legislative power to declare the existence of
but are powers which are connected with or closely related with the
a state of war. If you remember the discussion before, this power is not
General Plenary Powers such that the Plenary powers of the legislative
to declare an aggressive war but a defensive war. It is when another
body cannot be done efficiently without these auxiliary powers; it is a country is already declaring war against us. They would just declare a
power which supports and enhances the General Plenary Power of the state of war.
legislative body.
Paragraph 2: In connection with paragraph 1, when congress declares
17. Prohibitions for Members of Congress a state of war, it also has the power to create a law which grants the
president or anybody with emergency power, to deal with the state of
INCOMPATIBLE OFFICE war or state of emergency.
Sec 13, Art. VI. No Senator or Member of the House of
Representatives may hold any other office or employment in the Under section 23 No. 2, national emergency is not defined, it can be
Government, or any subdivision, agency, or instrumentality thereof, any in all possible national emergency. However, the emergency
including government-owned or controlled corporations or their power granted here is granted by congress. It does not flow from the
subsidiaries, during his term without forfeiting his seat. Neither shall he declaration only of a state of war or state of national emergency. There
be appointed to any office which may have been created or the should be a law which will define, restrict and prescribe how the
emoluments thereof increased during the term for which he was emergency powers will be exercised.
elected.
19. Considerations as to Appropriations and tax bills
- It is the concept of incompatible office, if you are a member of
Congress, you can’t have any other Government position. APPROPRIATIONS LAW
“If you want to be appointed in another Government office, you should Sec. 22, Art. VII. The President shall submit to the Congress, within
vacate your position in Congress. thirty days from the opening of every regular session as the basis of
the general appropriations bill, a budget of expenditures and sources of
Exception: you can hold another public office when the law specifically financing, including receipts from existing and proposed revenue
provides for you to hold that public office. Or only in an ex officio measures.
capacity or as an incident of your primary position as member of the
Congress. “In creating an appropriation law, it usually starts in the executive
branch. The budgeting is done by the president. Under Section 22, we
FORBIDDEN OFFICE have the requirements. It is a makapal na budget dapat merong item of
- Second sentence of Section 13. Article 6: Neither shall he be appropriation and kung magkano and the president shall also provide
appointed to any office which shall aside from already existing finances, other receivables of the
government. Just like interest rates or other sources of financing just
“Concept sa forbidden office, even if you forfeit your seat in congress, like bills on tax. The president will usually give congress a copy of the
you can’t be appointed duon sa forbidden office are those created proposed bill on getting that revenue.”
during his term in congress or yung mga salaries were increased
during his time. Sec. 24, Art. VI. All appropriation, revenue or tariff bills, bills
If he forfeits his seat, then he losses both. authorizing increase of the public debt, bills of local application, and
private bills shall originate exclusively in the House of Representatives,
Difference ng Incompatible Office, allowed siya so long as he forfeits but the Senate may propose or concur with amendments.
his seat. Sa Forbidden, absolutely, di siya maka seat. Parang he
intentionally created that office para maupo siya duon. Also the “The legislation process, mag start talaga siya sa house. Just it
increase in the salary” originates, the house bill that has been passed will control. The
congress can adopt the entire house bill or totally ignore it and propose
OTHER PROHIBITIONS OF CONGRESS an amendment as a whole because that’s how the legislative process
in a bicameral congress works. Once it is the time for the upper house
to make a legislation, they can totally change it. Which is why they
having the compromise.”

TAX LAWS

[Section 28, Article VI; Section 4(3) and (4), Article XIV]
Sec 28. (1) The rule of taxation shall be uniform and equitable. The
Congress shall evolve a progressive system of taxation.

EQUITABLE
It means that you are not overly burdened with the tax imposed. This
guideline is a limitation or a guide for congress although they can take
away your money but not burden you.

TAX
Tax is necessary so that the government can function.

PROGRESSIVE SYSTEM OF TAXATION

As your liability increases, your tax also increases. It is proportional to
what you have or capable of paying.

(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.

TARIFF RATES
Tariff Rates are those exported through the customs.
(i.e. import and export taxes)

EXPORT QUOTAS
e.g. amount of agricultural products that can be exported.
Congress may delineate quota but this can be changed based on the
President’s discretion provided the changes are also provided in the
law.
This is an exemption to the rule that taxation is primarily and
exclusively a legislative prerogative. Based on the provisions and
conditions provided on these provisions, the President may fixed
certain rates limited only to revenue making schemes that the
President has the option to adjust.

(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.