found at any given time, eventually

THE LEGISLATIVE DEPARTMENT intends to return and remain

Powers of a Non-Legislative Nature: -DOMICILE: denotes a fixed permanent

1.) Canvass of the Presidential residence to which, whenever absent for
Elections (Art. VII, Sec. 4) business, pleasure or some other
2.) Declaration of the existence of war reasons, one intends to return. It is a
(Art. 6, Sec. 23) question of intention and circumstances
3.) Confirmation of Amnesties (Art. VI, 3 RULES, in consideration of the
Sec. 19) circumstances:
4.) Presidential Appointments, 1.) that a man must have a
through the Commission on residence or domicile
Appointments (Art. VII, Sec. 16) somewhere
5.) Amendment or Revision of the 2.) when once established it
Constitution (Art. XVII) remains until a new one is
6.) Impeachment (Art. XI) acquired
3.) a man can have but one
THE SENATE: residence or domicile at a time
-Composed of 24 senators elected AT
LARGE -DOMINO vs. COMELEC: If one wishes to
-AT LARGE ELECTION: This rule intends to successfully effect a change of domicile,
make the Senate a training ground for he must demonstrate an actual change
national leaders and possibly a of domicile, a bona fide intention of
springboard to the Presidency. abandoning the former place of
-QUALIFICATIONS: residence and establishing a new one,
1.) natural-born citizen of the and definite acts which correspond with
Philippines the purpose
2.) at least 35 years of age
3.) able to read and write -IN THE MATTER OF THE PETITION FOR
4.) a registered voter DISQUALIFICATION OF TESS DUMPIT-
5.) resident of the Philippines for MICHELENA: Without clear and positive
not less than 2 years immediately proof of the concurrence of these three
preceding the day of the election requirements, the domicile of origin
continues
-ESPINOSA vs. AQUINO: The late Sen.
Benigno Aquino, Jr., who was less than -PEREZ vs. COMELEC : a person’s
the required age on the day of election registration as voter in one district is not
but celebrated his 35th birth anniversary proof that he is not domiciled in another
before his proclamation as one of the district. The registration of a voter in a
winners place other than his residence of origin is
not sufficient to consider him to have
-LIM vs. PELAEZ, ELECTORAL CASE No. 36 abandoned or lost his residence.
House Electoral Tribunal: RESIDENCE is
defined as the place where on habitually -TORAYNO, SR. vs. COMELEC: One-year
resides and to which, when he is absent, residency requirement is aimed at
he has the intention of returning excluding outsiders from taking
advantage of favorable circumstances
-ANIMUS MANENDI(Japzon vs. COMELEC): existing in that community for electoral
The place where a party actually or gain
constructively has his permanent home,
where he, no matter where he may be -LIMBONA vs. COMELEC: A candidate i
s presumed to have changed her operation of law consistent with the
domicile upon her marriage, or by provisions of Art. 68-69 of the Family
Code to the effect that spouses shall
have a single family domicile, unless one -SUBSTANTIVE CONSTITUTIONAL
of them maintains separate residence LIMITATIONS (LEGISLATIVE) can be found
in:
-MITRA vs. COMELEC: The minimum 1.) The Bill of Rights
requirement under our Constitution and 2.) Sec. 3, Art. VI prescribing the
election laws for the candidates’ qualifications of candidates for
residency in the political unit they seek senators
to represent has a very specific purpose:
to prevent ‘strangers or newcomers -Sec. 36(g) of RA 9165: As sought to be
unacquianted with the conditions and assailed by a COMELEC Resolution,
needs of a community’ from seeking enlarges the qualification requirements
elective offices in that community enumerated in Sec. 3, Art. VI of the
Constitution. Said resolution requires a
-LIMKAICHONG vs. COMELEC: Senators senator to be certified illegal-drug clean,
and Members of the House of obviously as a pre-condition to the
Representatives must be natural-born validity of a certificate of candidacy for
citizens not only at the time of their senator or, with like effect, a condition
election but during their entire tenure sine qua non to be voted upon and, if
proper, be proclaimed as senator-elect.
-MAQUILING vs. COMELEC: SC declared ** COMELEC, cannot,in the guise of
that a candidate who takes his Oath of enforcing and administering election
Allegiance to the Republic and executes laws or promulgating rules and
an Affidait of Renunciation of his regulations to implement Sec. 36(g),
American citizenship under the validly impose qualifications on
provisions of RA 9225, but thereafter candidates for senator in addition to
continues using his American passport, is what the Constitution prescribes. If the
to be considered as having withdrawn his Congress cannot require a candidate for
oath of renunciation of his foreign senator to meet such additional
citizenship and shall therefore be qualifications, the COMELEC, to be sure,
ineligible to run for elective office as he is also without power.
thereby reverts to his status as dual Of course, this ruling would be applicable
citizen even to Members of the House of
Representatives and other elective and
-SOCIAL JUSTICE SOCIETY vs. appointive constitutional officers.
DANGEROUS DRUGS BOARD: Sec. 36 of
RA9165,which required all candidates for TERM
public office, whether appointed or
elected, both in the national or local -Unlike the House of Representatives, the
government, to undergo a mandatory Senate shall not at any time be dissolved
drug test, was, upon peition of a Senator,
declared unconstitutional by the SC -“CONTINUING” INSTITUTION: The Senate
is not dissolved as an entity with each
-GOVERNMENT vs. SPRINGER: “Congress national election or change in the
inherent legislative powers, broad as composition of its members
they may be, are subject to certain
limitations. -“NOT A CONTINUING BODY”/LEAGUE OF
Legislative power remains limited in the CITIES OF THE PHILIPPINES vs.
sense that it is subject to substantive COMELEC/GARCILLANO vs. HOUSE OF
and constitutional limitations which REPRESENTATIVES: All pending matters
circumscribe both the exercise of power and proceedings are considered
itself and the allowable subjects of terminated upon the expiration of that
legislation. Congress and it is merely optional on the
Senate of the succeeding Congress to 250,000 , and every province, shall have
take up such unfinished matters, not in at least one representative.
the same status, but as if presented for
the first time. Said deliberations on -GERRYMANDERING: The arrangement of
unapproved bills do not even “qualify as districts in such a way as to favor the
extrinsic aids in construing laws passed election of preferred candidates (usually
by subsequent Congresses.” re-electionists) through the inclusion
therein only those areas where they
-ARNAULT vs. NAZARENO: Senate’s expect to win, regardless of the resultant
power to punish for contempt in the shapes of such districts.
exercise of its power to conduct inquiries
in aid of legislation does not cease to -ALDABA vs. COMELEC: SC nullified a law
exist upon the periodical dissolution of which created a legislative district for
the Congress of the House of Malolos City. This contravenes the
Representatives, because the Senate is, requirement in Sec. 5(3), Article VI that
for said purpose or in connection with each legislative district shall comprise, as
said power, to be considered a far as practicable, contiguous, compact
“continuing body”. That power subsists and adjacent territory. A law creating a
as long as the Senate, which is a legislative district was annulled after a
continuing body, persists in performing finding that it was based on mere
the particular legislative function demographic projections.
involved
-NAVARRO vs. ERMITA: A proposed
-GARCI vs. HOUSE OF REP./NERI vs. province composed of one or more
SENATE COMMITTEE: the present Senate islands need not comply with the 2,000
under the 1987 Constitution is no longer square meter contiguous territory
a continuing legislative body. The requirement under the Local Government
present senate has 24 members, 12 of Code.
whom are elected every 3 years for a
term of 6 years each. Thus, the term of -MACIAS vs. COMELEC: is the authority
12 Senators expires every 3 years, for the view that the validity of a
leaving less than a majority of Senators legislative apportionment measure is a
to continue into the next Congress. The justiciable question, involving as it does
1987 Constitution, like the 1935 certain requirements the interpretation
Constitution, requires a majority of of which does not call for the exercise of
Senators to constitute a legislat
quorum to do business. ive discretion. The SC annulled the
challenged law in this case when it was
-The continuity of the life of the Senate is shown that the apportionment was not
intended to encourage the maintenance based on the number of inhabitants in
of the Senate policies as well as the various representative districts.
guarantee that there will be experienced
members who can help and train -HERRERA vs. COMELEC: The SC clarified
newcomers in the discharge of their that the basis for districting is the
duties. number of inhabitants and not the
number of registered voters.
THE HOUSE OF REPRESENTATIVES
-MARIANO vs. COMELEC: Any province
-COMPOSITION: that may hereafter be created, or any
1.) District Representatives (direct city whose population may hereafter
and personally elected) increas to more than 250,000 shall be
-The legislature shall see to it that each entitled to at least one Member or such
city with a population of at least number of Members.
 2.) National parties or
TOBIAS vs. ABALOS: A plebiscite is organizations and regional parties or
necessary in the conversion of a highly organizations do not need to organize
urbanized city to a legislative district. along sectoral lines and do not need to
However, there would be no need for represent any ‘marginalized or
such a plebiscite where no new territory underrepresented’ sector.
or no change in an existing territory is 3.) Political parties can participate
made under a law, and only a in party-list elections provided they
reapportionment or the creation of an register under the party-list system and
additional legislative district is done. do not field candidates in legislative
district elections. A political party,
2.) Party-List Representatives whether major or not, that fields the
(indirectly elected) candidates in legislative district elections
-The party-list representatives shall can participate in party-list elections only
constitute 20% of the total membership through its sectoral wing that can
of the body including such separately register under the party-list
representatives. system. The sectoral wing is by itself an
-R.A. NO. 7941: where the rules for the independent sectoral party, and is linked
selection of the party-list representatives to a political party through a coalition.
are embodied. 4.) Sectoral parties or
-Sec. 2: “proportional representation in organizations may either be:
the election of representatives to the a.) marginalized and
House of Representatives through a underrepresented
party-list system of registered national, b.) well-defined political
regional and sectoral parties or constituencies
organizations or coalitions thereof, which It is enough that their principal advocacy
will enable Filipino Citizens belonging to pertains to the special interest and
the marginalized and underrepresented concerns of their sector. T he
sectors, organizations and parties, and sectors that are ‘marginalized and
who lack-well defined political underrepresented’ include:
constituencies but who could contribute a.) labor
to the formulation and enactment of b.) peasant
appropriate legislation that will benefit c.) fisherfolk
the nation as a whole, to become d.) urban poor
members of the House of e.) indigenous cultural
Representatives.” communities
f.) handicapped
-ATONG PAGLAUM, INC. vs COMELEC: In g.) veterans
setting the parameters for participation h.) overseas workers
in party-list elections, the party-list The sectors that lack ‘well-defined
system provides for three (3) different political constituencies’ include:
groups, namely: a.) professionals
1.) National parties or b.) elderly women
organizations* c.) youth
2.) Regional parties or
organizations* 5.) A majority of the members of sectoral
3.) Sectoral parties or parties or organizations that represent
organizations the ‘marginalized and underrepresented’
*do not need to represent must belong to the ‘marginalized and
any ‘marginalized or underrepresented’ sector they represent.
underrepresented’ sector Similarly, a majority of the members of
the sectoral parties or organizations that
Other provisions: lack ‘well-defined constituencies’ must
belong to the sector they represent. The -ONLY persons who have given their
nominees of sectoral parties or consent in writing may be named as
organizations that represent the party-list candidates, and in one list only.
‘marginalized and underrepresented’, or -Persons who lost in the immediately
that those who lack ‘well-defined political preceding election are ineligible.
constituencies’, either must belong to
their respective sectors, or must have a NOMINEES OF THE YOUTH SECTOR: must
track record of advocacy for their be at least 25 years old but not more
respective sectors. The nominees of than 30 years old at the day of the
national and regional parties or election.
organizations must be bona-fide
members of such parties or -ALAUYA vs. LIMBONA: The SC declared
organizations. as ineligible and punished a judge who
filed his certificate of candidacy as a
6.) National, regional and sectoral parties party-list representative without first
or organizations shall not be disqualified resigining. No officer or employee in the
if some of their nominees are civil service shall engage directly or
disqualified, provided that they have at indirectly, in any electioneering or
least one nominee who remains partisan political campaign.
qualified.
-SENERES vs. COMELEC: Submission of a
nomination list by the President of a
N.B. Party-list is intended to party, who is concurrently LRTA
DEMOCRATIZE political power by giving Administrator, WITHOUT DOING MORE, is
political parties that cannot win in not electioneering or partisan political
legislative district elections a chance to activity.
win seats in the House of
Representatives. It is not synonymous -Sec. 8: No change of names or alteration
with that of the sectoral representation. of the order of nominees shall be allowed
after the same shall have been
Petition (Filing) submitted to the COMELEC except in
-not later than 90 days before election cases where the nominee DIES,
day WITHDRAWS IN HIS NOMINATION or
-shall be published in at least 2 becomes INCAPACITATED, in which case,
newspapers of general circulation the name of the substitute nominee shall
-be resolved within 15 days and in no be placed LAST in the list.**
case later tha 60 days before election
Upon Registration -**LOKIN vs. COMELEC: The SC annulled
-political group shall submit o the an additional ground allowed by the
COMELEC not later than 45 days before COMELEC for the substitution by a
the election at least 5 names from which registered party of its nominees. The SC
representatives may be chosen in case it considered said additional ground as
obtains the required number of votes. ULTRA VIRES stating that the IRR of the
-Under the law, the names of the party- COMELEC should not override, supplant
list nominees shall not be shown on the or modify the law. It is basic that the
certified list of participants in the party- IRRs should remain consistent with the
list system to be distributed by the law they intend to carry out.
COMELEC among all the precincts. It has -At any rate, it is established that the
been ruled though that it is the COMELEC has jurisdiction over cases
COMELEC’s constitutional duty to pertaining to party leadership and the
disclose and release the names of the nomination of party-list representatives.
nominees of the party-list groups.
-VOTER shall be entitled to 2 vots: 1 vote -ABAYAN vs. HRET: Both the district
for the House of Rep and the 2 nd vote for representatives and the party-list
the party, org or coalition he wants representatives are treated in the like
represented in the House of Rep. manner. They are also subject to the
same term limitations of 3 years for a
-Ranked accdg to the number of votes; max of 3 consecutive terms. The HRET
those getting atleast 2% of the total has jurisdiction to pass upon the
votes cast shall be entitled to 1 seat qualifications of party-list nominees after
each. NONE of them shall be entitled to their proclamtion and assumption of
3 seats each. office.

-BANAT vs. COMELEC: For every 4 district QUALIFICATIONS (HP)

reps., there shall be 1 party-list rep. 1.) natural-born citizen
Filling-up of all available paty-list seats is 2.) at least 25 y/o at the day of
not mandatory. The four paramters in a election
Philippine-style party-list election system 3.) able to read and write
are as follows: 4.) registered voter
1.) 20% of the total number of the 5.) resident for a period of not less
membership of the House of Rep is the than a year
max number of seats available to party- 6.) party-list rep must be a bona
list organizations, such that, there is fide member of the sector he
AUTOMATICALLY 1 party-list seat for seeks to represent at least 90
every 4 existing legislative districts. days before election day
2.) Garnering 2% of the total votes
cast in the party-list election guarantees -BRILLANTES vs. REYES: ANIMUS
a party-list organization one seat. The REVERTENDI. Natural-born Filipino
guaranteed seats shall be distributed in a citizens who was naturalized in a foreign
first round of seat allocation to parties country, shall, upon taking the oath of
receiving at least 2 % of the total party- allegiance, be deemed to have
list votes. reacquired their Philippine citizenship.
3.) The addtl seatls, that is, the -The unmarried child, whether legitimate,
remaining seats after allocation of the illegitimate or adopted, below 18 years
guaranteed seats, shall be distributed to of age, of those who reacuire Philippine
the party-list organizations including citizenship upon effectivity of this Act
those that received less than 2% of the shall likewise be deemed citizens of the
total votes. The continued operation of Philippines.
the 2% threshold as it applies to the
allocation of the addtl seats is now
unconstitutional because this threshold -Those who retain or re-acquire Philippine
mathematically and physically prevents citizenshop under this Act shall enjoy full
the flling up of the available party-list civil and political rights and be subject to
seats. all attendant liabilities and
4.) The three-seat cap is responsibilities under existing laws of the
constitutional. THe three-seat cap is Philippines and subject to certain
intended by the Legislature to prevent conditions.
any party from dominating the party-list
system. There is no violation of the -Those intending to exercise their right of
Consti because it does not require suffrage must meet the requirements
absolute proportionality for the party-list under Sec. 1, Art. V of the Constitution,
system. RULE: Courts will not question Republic Act No. 9189, otherwise known
the wisdom of the Legislature aslong as it as The Overseas Absentee Voting Act of
is not violative of the Constitution. 2003 and other existing laws.
-Those seeking elective public office in -NICOLAS LEWIS vs. COMELEC/
the Philippines shall meet the MACALINTAL vs. COMELEC: upheld the
qualifications for holding such public right ti be registered as a voter of a dual
office as required by the Constitution and citizen who was then concededly a non-
existing laws, and, at the time of the resident of the PH. In Macalintal, “Sec. 2
filing of the certificate of candidacy, of Art. V of the Consti is an exception to
make a personal and sworn renunciation the residency requirement.”
of any and all foreign citizenship before
any public officer authorized to -TERM (HP): -3 years, limited to 3
administer an oath. terms, or a total of 9 consecutive years

-It must be noted that, upon taking said -ABUNDO vs. COMELEC: summarized the
second oath, the citizen ceases to be a rules in connection with the
dual citizen. consecutiveness of terms and
involuntary interruptions:
-ON SUFFRAGE: 1.) When a permanent vacanay occurs
-SUFFRAGE may be exercised by all in an elective position and the official
citizens of the Philippines not otherwise merely assumed the position pursuant to
disqualified by law, who are at least 18 the rules on succession under the LGC,
y/o, and who shall have resided in the PH then his service for the unexpired portion
for at least 1 year and in the place of the term of the replaced official cannot
wherein they propose to vote for at least be treate as one full term as
6 months immediatey preceding the contemplated under the subject
election. constitutional and statutory provision
-Under Sec. 118 of the Omnibus Election that service cannot be counted in the
Code, the following are disqualified from application of any term limit. If the
voting: official runs again for the same position
1.) any person who has been he held prior to his assumption of the
sentenced by final judgment to suffer higher office, then his succession to said
imprisonment for not less than a year, position is by operation of law and is
such disability not having been removed considered an involuntary severance or
by plenary pardon or granted amnesty interruption.
(provided that he shall automatically 2.) An elective official, who has ervred
reacquire the right to vote upon for 3 consecutive terms and who did not
expiration of 5 years after service of seek the elective position for what could
sentence) have be his fourth term, but later won in
2.) any person who has been a recall election, had an interruption in
adjudged by final judgment of having the continuity of the official’s service.
been committed a crime involving 3.) The abolition of an elective local
disloyalty to the duly constituted office due to the conversion of a
government such as rebellion, sedition, municipality to a city does not, by itself,
violation of the anti-subeversion and work to interrupt the incumbent official’s
firearms laws, or any crime against continuity of service.
national security, unless restored to his 4.) PREVENTIVE SUSPENSION is not a
full civil and political rights in accordance term-interrupting event as the elective
with the law (provided that he shall officer’s continued stay and entitlement
regain his right to vote automatically to the office remain unaffected during
upon expiration of 5 years after service the period of suspension, although he is
of sentence) barred from exercising the functions of
3.) insane or incompetent persons his office during this period.
as declared by competent authority 5.) When a candidate is proclaimed as
winner for an elective position and
assumes office, his term is uninterrupted
when he loses in an election protest and without awaiting the expiration of the full
is ousted from office, thus disenabling term of all Members of the Senate and
him from serving what would otherwise the HP approving such increase. Such
be the unexpired portion of his term offic provision clearly runs counter to the
had the protest been dismissed. prohibition in Art. VI, Sec. 14 of the
The break or interruption need not be a Consti.
full term of 3 years or for the major part
of the 3-year term. An interruption for -PARLIAMENTRAY IMMUNITIES:
any length of time, provided the cause is
involuntary, is sufficient to break the 2 KINDS:
continuity of service. 1.) IMMUNITY FROM ARREST:
6.) When an official is defeated in an -intended to ensure representation of the
election protest and said decision consitutents of the member of the
becomes final after said official had Congress by preventing attempts to keep
served the full term for said office, then him from attending its sessions.
his loss in the election contest does not -For any criminal offense, he is subject at
constitute an interruption since he has any time, even during sessions.
managed to serve the term from start to -Under the 1987 Consti, the scope of
finish. His full service, despite the immunity has been expanded to cover
defeat, should be counted in the not only civil arrests but also for criminal
application of term limits because the offenss punishable by not more than 6
nullification of his proclamation came yers imprisonment.
after the expiration of the term.
2.) PRIVELEGE OF SPEECH AND DEBATE
-ELECTION: -enables the legislator to express views
bearing upon the public interest without
-SPECIAL ELECTION: may be called to fill fear of accountability outside the halls of
a vacany in the Senate or in the HP, but the legislature for his inability to support
the Senator or Member of the HP thus his statement with the usual evidence
elected shall only be served for the required in the court of justice.
unexpired term -2 REQUIREMENTS:
a.) remarks must be made while
-SALARIES: the legislature is in session
b.) must be made in connection
-Reduction of the salaries of the membes with the discharge of official duties
of the Congress is not prohibited by the
Consti. If any increase is to be made, the -COFFIN vs. COFFIN: privelege was
same canoot be effective during the term denied a legislator who uttered
of the members of the Congress, slanderous remarks in the course of a
including the Senators, who have private convo with a constituent during a
approved such increase lull in the session

-PHILIPPINE CONSTITUTION ASSOCIATIOB -JIMENEZ vs. CABANGBANG: privelege

vs. GIMENEZ: questioned the could not be invoked because the attack
consitutionality of RA 3836 “insofar as was made at a time when Congress was
the same allows retirement gratuity and in recess and in his private capacity only
commutation of vacation and sick leave
to Senators and Reps. And to the elective -N.B: THe legislator may not be
officials of both houses of Congress.” questioned “in any other place”, which
The Court sustained the petition and means that he may be called to account
declared the law unconstitutional. It for his remarks by his own colleagues in
noted that the retirement benefits were the Congress itself and, when warranted,
“immediately available, thereunder
punished for “disorderly behavior” 1.) shall not personally appear as
(OSMENA vs PENDATUN) counsel before any court or justice
or before the Electoral Tribunals, or
-POBRE vs. DEFENSOR-SANTIAGO: quasi-judicial and other
Although she has not categorically administrative bodies.
denied making such statements, she has 2.) Shall not be indirectly or directly
unequivocally said making them as part interested financiallyy in any
of her privelege speech. Her implied contract/franchise/special
admission is good enough for the Court. privelege with the govt.
3.) Shall not intervene in any matter
-INCOMPATIBLE AND FORBIDDEN before any office of the govt for
OFFICES: his pecuniary benefit
-Prohibition against the holding of an
incompatible office is not absolute. What -GARCIA vs. EXEC. SEC.: The General
is not allowed is the SIMULTANEUOS Court Martial has been characterized by
holding of that office and the seat in the the SC as a court within the strictest
Congress. sense of the word and acts as a criminal
-may hold another office or employment court.
in the govt provided the legislator forfeits
his position in the Congress -MARCOS vs. CHIEF OF STAFF: A court-
-Forfeiture of the legislator’s seat, or martial case is a criminal case and the
cessation of his tenure, shall be General Court Martial is a ‘court’ akin to
automatic upon the holding of the any other courts.
incompatible office.
-Even if the member of the Congress is -PUYAT VS. DE GUZMAN: legislator
willing to forfeit his seaat, he may not be entered his appearance as counsel for
appointed to any office in the govt that one of the parties before the SEC.
has been created or the emoluments =circumvention of the Constitutional
thereof increased during his term. provision.

-TOPACIO NUENO vs. ANGELES: -SESSIONS:

TERM: the time during which the officer -Once every year on the fourt Monday of
may claim to hold the office as of right, July, unless a different date is fixed by
and fixes the interval after which the law
several incumbents shall succeed one -Recess: 30 days
another. -Presi may call a SPECIAL SESSION at any
TENURE: represents the period during time
which the incumbent actually holds the -Presi’s call not necessary in instances
office where:
1.) Congress meeets to canvass
-LIBAN vs. GORDON: The Office of the the presidential elections
Chairman of the Philippine National Red 2.) Call a special election when
Cross (PNRC) is not to be considered a both the Presi and VP positions are
govt office or an office in a govt-owned vacated
or controlled corporation for purposes of 3.) When it exercises its power to
the prohibition impeach

-ARANETA vs. DINGLASAN: Regular vs.

Special Session
REGULAR SESSION: The power of the
-INHIBITIONS AND Congress is not cirumscribed except by
DISQUALIFICATIONS: limitations imposed by organic law.
Under Sec. 14, Art VI:
SPECIAL SESSION: The Congress may -DISCIPLINARY MEASURES:
consider general legislation or only 1.) expulsion
subjects as the President may designate 2.) suspension
3.) deletion of unparliamentary
remarks from the record
-OFFICERS: 4.) fine
5.) imprisonment
-The Presi of the Senate and the Speaker 6.) censure (soft impeachment)
of the HP do not have a fixed term and
may be repaced at any time at the -JOURNALS: are a record of what is
pleasure of a majority of all the members done and past in a legislative assembly.
of their respective chambers. They are useful not only for
authenticating the proceedings but also
-QUORUM: Defined as any number for the interpretation of laws through a
sufficient to transact business (JAVELLAN study of the debates held thereon and
vs. TAYO), which may be less than the for informing the people of the official
majority of the membership. In our conduct of their respective legislators.
Consti, it is required that the quorum be
a majority of each House. -ENTERED IN THE JOURNAL are:
1.) at the request of 1/5 of the
-AVELINO vs. CUENCO: One Senator was Members present, the yeas and nays on
then in the US and outside the coercive any question
jurisdiction of the smaller number of 2.) votes with respect to the
members who could adjourn from day to consideration of bills on third reading
day and compel the aattendance of 3.) objections of the President
absent members in such manner and when he vetoes a bill as well as the votes
under such penalties. cast by the Members of each House in
their reconsideration of a bill vetoed by
-DATU MICHAEL ABAS KIDA vs. SENATE the President
OF THE PH: SC nullified a law requiring 4.) vote of each Member of the
what it referred to as “supermajority House of Representatives regarding the
vote” of 2/3 of all the Members of Articles of Impeachment proposed by its
Congress for purposes of amending or Committee which hears an impeachment
repealing the same. Said provision gave complaint
said law the character of an irrepealable
law by requiring more than what the -JOURNAL vs. RECORD: The JOURNAL is
Consti demands. only a resume or the minutes of what
transpired during a legislative sesion.
-DISCIPLINE OF MEMBERS: The RECORD is the word-for-word
transcript of the proceedings taken
-ALEJANDRINO vs. QUEZON: The during the session.
interpretation of the phrase “disorderly
behavior” is the prerogative of the -U.S. vs. PONS: To inquire into the
Congress and cannot be JUDICIALLY veracity of the journals of the Philippine
REVIEWED. The matter comes in the Legislature when they are clear and
category of a POLITICAL QUESTION. SC explicit would be to violate both the
did not interfere when the legislature letter and spirit of the organic laws by
declared that the physical assault of one which the Philippine Government was
member to another OR the delivery of a brought into existence, to invade a
deragatory speech (OSMENA vs. coordinate and independent department
PENDATUN) justified the adoption of of the Government, and to interfere with
disciplinary measures. the legitimate powers and functions of
the Legislature.
 content of the approved bill as reported
-MABANAG vs. LOPEZ VITO: Where in the journal. There was no bill to speak
matters are required to be entered into of in view of the withdrawal of the
journals, like the yeas and nays on the signatures of the President of the
final reading of a bill or on any question Philippines and the Senate President.
at any question at the request of 1/5 of
the members present, the contents of -LEAGUE OF CITIES OF THE PHILIPPINES
the enrolled bill shall prevail over those vs. COMELEC: Hearings and
of the journal in case of conflict. deliberations during a previous Congress
cannot be used to interpret bills enacted
-ENROLLED BILL: one which has been into law in the next or subsequent
duly introduced, finally passed by both Congresses.
houses, signed by the proper officers of
each, approved by the governor or -ADJOURNMENT: Neither House during
president, and filed by the secretary of the sessions of the Congress shall,
the state (Black Law’s Dictionary) without the consent of the other, adjourn
for more than 3 days, nor to any other
-CASCO PHILIPPINE CHEMICAL CO. vs. place than that in which the 2 Houses
GIMENEZ: If there has been any mistake shall be sitting.
in the printing of the bill before it was
certified by the officers of the Congress
and approved by the Executive – on -THE ELECTORAL TRIBUNALS:
which the Court cannot speculate
without jeopardizing the principle of -TANADA vs. CUENCO: The right to
separation of powers and undermining nominate to the legislative seats in the
one of the cornerstones of our Electoral Tribunals belonged to the
democratic system – the remedy is by majority and minority parties in the
amendment or curative legislation, not chamber, not to the chamber itself or to
by judicial decree. the majority party therein if the minority
did not make its own nomination.
-VAT CASE (Tolentino vs. Sec. of Finance) Presumably, the parties entitled to
– The SC emphasized that our cases representation in the Electoral Tribunals
manifest firm adherence to the rule that now are also entitled to nominate their
an enrolled copy of a bill is conclusive own representatives although the above
not only of its provisions but also its due provision does not expressly say so.
enactment.
-ABBAS vs. SENATE ELECTORAL
-PHILIPPINE JUDGES ASSOCIATION vs. TRIBUNAL: Although the Electoral
PRADO: Tribunals are predominantly legislative in
SC declined to look into petitioners’ membership and the provision creating
charges that an amendment was made them is found in Article VI on the
upon the last reading of the bill that Legislative Department, it is not correct
eventually became RA no. 7354 and that to say that they are mere adjuncts of the
copies thereof in its final form were not Congress of the Philipines. In the
distributed among the members of each discharge of their constitutional duties,
House. They are bound by such official they are independent of the legislature,
assurances from a coordinate and also of the other departments for
department of the government, to which that matter.
they owe, at the very least, a becoing
courtesy. -ANGARA vs. ELECTORAL COMMISSION
(precedent of the Electoral Tribunals) –
-ASTORGA vs. VILLEGAS: SC had the The respondent body had the exclusive
authority in this case to verify the real right to prescribe its own rules of
procedure, as against those earlier least insofar as the HRET is concerned,
adopted by the legislature itself, in has been that it commences to exercise
connection with the election contests such jurisdiction, to the exlusion of the
under its jurisdiction. COMELEC, which has initial jurisdiction
over said maters upon the proclamation
-SUANES vs. DISBURSING OFFICER OF of the winning candidate.
THE SENATE: The employees of the
Electoral Tribunals are its own, and not of -PLANAS vs. COMELEC: The general rule
the Senate nor the HP nor of any other is that the proclamation of a
entity, and it stands to reason that the congressional candidate divests
appointment, the supervision, and COMELEC of jurisdictioni n favor of the
control over said employees are wholly HRET.
within the Tribunal itself.
-VINZONS-CHATO: Where the candidate
-MORRERO vs. BOCAR: The decisions has already been proclaimed winner in
rendered by the Electoral Tribunals in the the congressional elections, the remedy
contests mentioned in this section, of of the petitioner is to file an electoral
which they are the sole judge, are not protest with the HRET.
appealable to the SC except in cases
where there is a clear showing of grave -REYES vs. COMELEC: clarified and
abuse of discretion. reiterated that the jurisdiction of the
HRET begins only after the candidate is
-DUENAS vs. HRET: Any accusation of considered a Member of the HP. Accdg.
grave abuse of discretion on the part of To the Court, to be considered a Member
the HRET must be established by a clear of the HP there must be concurrence of
showing of arbitrarines and the ff. requisites:
improvidence. 1.) a valid proclamation
2.) a proper oath
-ROBLES vs. HP: The independenece of 3.) assumption of office
the Electoral Tribunals as the sole judge -Comment: To strictly adhere to the rules
of all election contests was affirmed in specified in this case would necessarilyl
this case. entail the revision by the HRET of its
rules prescribing the deadlines for the
-BONDOC vs. PINEDA: whether the HP, filing of election protests and petitions
could, at the request of the dominanat for quo warranto before it.
political party therein, change its -BANAT vs. COMELEC: The jurisdiction of
representatives in the House of the Electoral Tribunals can be invoked
Representatives Electoral Tribunal, only after the winning candidates have
presumably to thwart the promulgation been proclaimed.
of a decision freely reached by the
Tribunal. The HP committed a grave -LIMKAICHONG vs. COMELEC: It is the
abuse of discretion, an injustice and a State, through its representatives
violation of the Constitution. designated by the statute that may
question the illegaly or invalidly procured
-N.B.: The SC has ruled in several cases certificate of naturalization in the
that the jurisdiction of an Electoral appropriate denaturalization
Tribunal begins once a winning candidate proceedings. It is plainly not a matter
has been proclaimed, taken his oath, and that may be raised by private persons in
assumed office, for it is only after the an election case involving the naturalized
occurrence of these events that a citizen’s descendant.
candidate can be considered as either a
Member of the HP or a Senator. THe
practical application of these rulings, at
-VILANDO vs. HRET: HRET does not carry
with it the authority to delve into the -ORGANIZATION
legality of the judgment of naturalization.
-The rule that the Commission on
-N.B.: It would only be the COMELEC Appointments can meet only during the
which may entertain petitions for the sessions of the Congress is the reason
disqualification of said national, regional why ad interim appointments are
or sectoral parties, organizations or permitted under the Consitution.
coalitions or for the cancellation of their
registration. -AD INTERIM APPOINTMENTS: These
appointments are made during the
-THE COMMISSION ON recess, subject to consideration later by
APPOINTMENTS the Commission, for confirmation or
rejection. Ad interim appointments shall
-All appointments submitted to the be effective only until disapproval by the
Commission must be acted upon within Comission on Appointments or until the
30 session days from their submission. next adjournment of the Congress,
Ad interim appointments not acted upon referring to the adjournment of the
at the time of the adjournment of the regular or special session immediately
Congress, evenif the 30-day period has following the recess when said
not yet expired are deemed by-passed appointments were made.
under Article VII, Section 16.