Midterm reviewer for Constitutional Law 1: Political Law Chapter 1 General considerations

Political law branch of public law which deals with the organization and operation of governmental organs of State and defines the relations of the State with the inhabitants of its territory Political law embraces: Constitutional law 1 study of structure and powers of the government of the Republic of the Philippines Deals with certain basic concepts of Political law such as: Nature of the state Supremacy of the constitution Separation of powers Rule of the majority Constitutional law 2 Administrative law Law on public officers Election law Law on municipal corporations Timeline: Datu or council of elders tribes Madjapahit and Sri-Vishayan empires 1521 Magellan discovered the Philippines; common rule of Spain (300 years) Philippine Revolution June 12, 1898 Philippine independence was proclaimed January 21, 1899 First Philippine Republic, Malolos Constitution (President Aguinaldo) o First democratic constitution promulgated in Asia December 10, 1898 Treaty of Paris Philippine- American war American military government o Consolidation of executive, legislative and judicial authority to military governor Military to civilian rule o Schurman Commission 1st Philippine commission o Taft Commission o July 4, 1901 pursuant to Spooner Amendment, civil government was established in the Philippines; William Howard Taft as governor Philippine bill of 1902 Philippine assembly was created in 1907- 1916; bicameral legislature 1916 to 1935 Philippine autonomy Act (Jones Law), Philippine legislature : Senate and HOR Tydings McDuffie Act, established the Commonwealth of the Philippines Constitutional Convention framed the 1935 constitution, ratified on May 14, 1935

November 15, 1935 inauguration of the Commonwealth government, Pres. Quezon and VP Osmenia 10 year transition period WW2 nd 2 Republic of the Philippines, Japanese occupation Jose P. Laurel July 4, 1946 US officially withdrew it sovereignty over the Philippines, Pres. Manuel Roxas CONCON in 1971, revisions for the 1935 constitution and fashioning the 1973 Constitution September 21, 1972 Marcos issued Proclamation No. 1081 aka Martial Law November 30, 1972 draft of 1973 constitution was approved by CONCON January 17, 1973 Marcos issued Proclamation No. 1102 announcing the ratification of the 1973 constitution Ratification cases issue of validity of the 1973 constitution January 17, 1981 Marcos issued Proclamation No. 2045 uplifting the Martial Law February 7, 1986 Snap election February 22, 1986 People power, Enrile and Ramos February 25, 1986 Pres. Aquino was inducted Freedom Constitution drafted by a Constitutional Commission Plebiscite held on February 2, 1987

Chapter 2 Constitution of the Philippines

Philippine constitutions 1935 Constitution - Commonwealth 1973 Constitution Marcos regime Freedom constitution 1987 constitution July 4, 1946 Supremacy of the constitution is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer. No act shall be valid if it conflicts with the constitution.

Chapter 3 The Concept of the state

State community of persons, more or less numerous, permanently occupying a fixed territory, and possessed of an independent government organized for political ends to which the great body of inhabitants render habitual obedience Nation A racial and ethnic concept. May comprise of several states. Indicates a relation of birth or origin and implies a common race, usually characterized by community of language and customs State Is a legal concept. State maybe made up of more than 1 nation. Principal. An abstraction. Government Element of state.

Agent. Externalizes the State and articulates its will.

Elements of state: 1. People - Inhabitants of the state 2. Territory A. Fixed portion of the surface of the earth inhabited by the people of the state B. Components of territory: i. Terrestrial domain ii. Maritime and fluvial domain iii. Aerial domain The Natl territory comprises the Phil. Archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting all the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Phils. (Art. 1 of the 1987 Const.) 3. Government The agency or instrumentality, through which the will of the state is formulated, expressed and realized. Philippines Democratic and republican A. 2 kinds of functions i. Constituent constitute the very bonds of society and are therefore compulsory 1. Relating to peace and the prevention of crime 2. Regulating property and property rights 3. Relating to the administration of justice 4. Determination of political duties of citizens 5. National defence and foreign relations ii. Ministrant those undertaken to advance the general interest of the society 1. Promotion of welfare 2. Progress and prosperity of the people a. Public works b. Public education c. Public charity d. Health and safety regulations e. Regulations of trade and industry 3. Optional but is carried out through constitutional provisions on such subjects self-executing or directing the legislature to enact enabling laws. B. Doctrine of Parens Patriae guardian of the rights of the people C. De jure and De facto governments i. De jure government rightful title but no power or control, either because this has been withdrawn from it or because it has not yet been actually entered into exercise thereof ii. De facto government a government of fact; actually exercises power or control but without legal title

D.

E.

3 kinds of de facto government a. The government that gets possession and control of, or usurps, by force or by the vote of the majority, the rightful legal government and maintains itself against the will of the latter b. That established as an independent government by the inhabitants of the country who rise in insurrection against the parent state c. That which is established and maintained by military forces who invade and occupy a territory of the enemy in course of war, and which is denominated as a government of paramount force 2. Characteristics: a. Its existence is maintained by active military power within territories and against the rightful authority of an established and lawful government b. During its existence, it must be necessarily obeyed in civil matters by private citizens who, by acts of obedience rendered in submission to such force, do not become responsible, as wrongdoers, for those acts, though not warranted by the law of the rightful government. Government of the Philippines the corporate governmental entity through which the functions of government are exercised throughout the Philippines Administration i. The group of persons in whose hands the reins of government are for the time being ii. Administration runs the government

1.

4.

Sovereignty the supreme uncontrollable power inherent in a state by which state is governed A. Characteristics: i. Permanent ii. Exclusive iii. Comprehensive iv. Absolute v. Indivisible vi. Inalienable vii. imprescriptible B. 2 kinds of sovereignty: i. Legal authority which has the power to issue final commands ii. Political the power behind the legal sovereign, or the sum of influences that operate upon it.

C.

May also be: i. Internal power of the state to control its domestic affairs ii. External the power of the state to direct its relations with other states, is also known as independence

a.

Suability would only follow only if the contract is entered into by the government in its proprietary capacity

Act of state act done by the sovereign power of a country, or by its delegate, within the limits of the power vested in him. An act of state cannot be questioned or made the subject of legal proceedings in courts of law *reference to political law act of state refers to the act done by the political departments of the government and not subject to judicial review

Suits against government agencies Where suit is filed not against the government itself or its officials but against one of its entities, it must be ascertained whether or not the state, as the principal that may ultimately be held liable, has given its consent to be sued. Incorporated Government agency Has a charter of its own Separate juridical personality Unincorporated Government Agency No separate juridical personality General machinery of the government

Chapter 4 Doctrine of state immunity

...the state cannot be sued without its consent. Basis: Indiscriminate suits against the state will result in the impairment of its dignity. Justice Holmes basis of the Doctrine of non suability: 1. There can be no legal right against the authority which makes the law on which the right depends 2. Practical considerations that the demands and inconveniences of litigation will divert the time and resources of the state from the more pressing matters demanding its attention, to the prejudice of public welfare Principle of the sovereignty equality of states ...one state cannot assert jurisdiction over another in violation of the maxim par in parem non habet imperium. To do so unduly vex the peace of nations. Waiver of immunity Doctrine of state immunity is sometimes called the royal prerogative of dishonesty The state may, if it so desires, divests itself of its sovereign immunity and thereby voluntarily open itself to suit. Forms of consent: 1. Expressed general law or special law a. Act . 3083 ...the government of the Philippine islands hereby consents and submits to be sued upon any moneyed claim involving liability arising from contract, expressed or implied, which could serve as a basis for a civil action between private parties. b. CA no. 327 amended by PD no. 1445 claim against the government must be filed at the Commission on Audit, which must act upon it within 60 days i. Rejection of claim will authorize the claimant to the matter to the Supreme court on certiorari and effect to sue the state with its consent 2. Implied when the state itself commences litigation or when it enters into a contract

Exemption from legal requirements When the state litigates, either directly or through its authorized officers, it is not required to put up a bond for damages, or an appeal bond, since it can be assumed that it is always solvent. Neither can it be asked to pay the legal fees prescribed in the Rules of Court or the cost of the suit. Interest is also not chargeable against it except when it has expressly stipulated to pay it or when interest is allowed by an act of legislature or in eminent domain cases where damages sustained by the owner take the form or interest in a legal rate. Suability vs. Liability *Suability result of the express or implied consent of the state to be sued - When the state allows itself to be sued, all it does in effect is to give the other party the opportunity to prove, if it can, that the state is liable - State maybe suable but not liable

Chapter 5 Fundamental principles and state policies

Article II of the 1987 constitution is entitled Declaration of principles and state policies Purpose: To emphasize and articulate more unequivocally the objectives and limitations of governmental action in pursuit of their general goals announced in the Preamble Preamble purpose is to introduce the constitution Serves to indicate the authors of the constitution Enumerates the primary aims and expressed the aspirations of the framers in drafting the constitution Useful aid in the construction and interpretation of the text We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our

patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. Republicanism Establishes the democratic and representative nature of our government and proclaims our hostility to autocratic or totalitarian regimes. Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. *Republic a representative government, run by and for the people - Essence of republicanism is representation and renovation *Republican governments purpose is the promotion of the common welfare according to the will of the people themselves The lone individual is in fact a majority of one when protected by the bill of rights. Defense of state inherent right of every state to existence and self preservation Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service. CA No. 1 National Defense Act Peace and order Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. Incorporation clause Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Every state is bound by the generally accepted principles of international law, doctrine of incorporation. Where there appears to be a conflict between international law and municipal law, efforts should first be exerted to harmonize them, so as to give effect to both. It should be presumed that municipal law was enacted with proper regard for the generally accepted rules of international law.

Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. Rearing of the youth Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government. Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. ...shall equally protect the life of the mother and the life of the unborn from conception... suggests a policy against abortion Women Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. Social Justice *Social justice neither communism nor despotism, nor atomism nor anarchy, but the humanization of laws and the equalization of social and economic forces by the state so that justice in its rational and objectively secular conception may at least be approximated The promotion of the welfare of all the people, the adoption by the government of measures calculated to ensure economic stability of all the component elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of the measures legally justifiable or extra- constitutionally, through the exercise of powers underlying the existence of all governments on the time honoured principle of salus populi est suprema lex. Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. Section 10. The State shall promote social justice in all phases of national development.

Section 11. The State values the dignity of every human person and guarantees full respect for human rights. Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. Section 21. The State shall promote comprehensive rural development and agrarian reform. Separation of church and state Section 6. The separation of Church and State shall be inviolable. The idea is to delineate the boundaries between the two institutions and thus avoid encroachments by one against the other because of a misunderstanding of the limits of their respective exclusive jurisdictions. ...render therefore unto Ceasar the things that are Ceasars and unto God the things that are unto Gods. Supremacy of civilian authority Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. Local autonomy Section 25. The State shall ensure the autonomy of local governments. Jeffersonian view ...municipal corporations are the small republics from which the great one derives its strength. Economy Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. Section 21. The State shall promote comprehensive rural development and agrarian reform. Miscellaneous Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them. Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation. Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

Chapter 6 Separation of Powers

Purpose: 1. 2. 3. 4. Prevent a concentration of authority in 1 person or group of persons Intended to secure action, to forestall overaction Prevent despotism Obtain efficiency

*Blending of powers there are instances under the constitution when powers are not confined exclusively within one department but are in fact assigned to or shared by several departments Legislative limited to the enactment of laws and may not enforce/ apply them Executive enforcement of laws, may not enact or apply them Judiciary application of laws, may not enact or enforce them

Justice Holmes ...the great ordinances of the constitution do not establish and divide fields of black and white. Even the more specific of them are found to terminate in a penumbra shading gradually from one extreme to another... *Checks and balances by means of which one department is allowed to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by other departments Example: The law making power of the congress is checked by the president through his veto power, which in turn may be overridden by the legislature. Role of the Judiciary Supremacy of the constitution *Doctrine of implication based on the theory that the grant of an express power carries with it all other powers that maybe reasonably inferred from it

Justiciable Question Judiciary

Political question Full discretionary authority delegated to: Legislative and Executive A question of policy

policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof. Requisites: 1. There must be war or other national emergency a. Other national emergency: i. Rebellion ii. Economic crisis iii. Pestilence or epidemic iv. Typhoon v. Flood vi. Other similar catastrophe of nation-wide proportions or effect 2. The delegation must be a limited period only 3. The delegation must be subject to such restrictions as the congress may prescribe 4. The emergency powers must be exercised to carry out a national policy declared by congress C. Delegation to the people the people have expressly reserved to themselves a power of decision. The people have voluntarily surrendered that power when they adopted the constitution The government of the state is democratic, but it is representative democracy, and in passing of general laws the people act through their representatives in the legislature. Such reference of the law to the people at large for acceptance or rejection is plain surrender of law-making power. *Referendum a method of submitting an important legislative measure to a direct vote of the whole people *Plebiscite a device to obtain a direct popular vote on a matter of political importance, but chiefly in order to create some more or less permanent political condition D. Delegation to Local governments Traditional exception: local legislatures are more knowledgeable of than the national law making body on matters of purely local concern and are therefore in a better position to enact the necessary and appropriate legislation thereon It is a cardinal principle of our system of government, that local affairs shall be managed by local authorities, and general affairs by the central authority; and hence, while the rule is also fundamental that the power to make laws cannot be delegated, the creation of municipalities exercising local self-government has never been held to trench upon that rule. Grant of authority to prescribe local legislations. The power of eminent domain and under the general welfare clause, the police power have been expressly delegated by the legislature to the local law making bodies.

Determination of questions involved in the exercise of a judicial function. What the law is and what legal rights of the parties are with respect to the matter of the controversy

Questions to be decided by the people in their sovereign capacity. Concerned with issues dependent upon wisdom, not the legality of a particular measure.

Chapter 7 Delegation of Powers

Doctrine of separation of powers principle of non delegation of powers Rule: potestas delegata non delegari potest what has been delegated cannot be delegated Delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgement and not through the intervening mind of another. Permissible delegation: Delegation of legislative powers is permitted in the following cases: 1. Delegation of tariff powers to the president a. National economy/ within the framework of national development program of the government 2. Delegation of emergency powers to the president a. Times of war or other natural emergency 3. Delegation to the people at large 4. Delegation to local governments 5. Delegation to administrative bodies A. Tariff Powers Section 28. (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. Emergency powers Section 23. (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

B.

E.

Delegation to administrative bodies *Power of subordinate legislation administrative bodies may implement broad policies laid down in a statute by filling in the details which the congress may not have the opportunity or competence to provide *Supplementary regulations

C. Term 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. Article XVIII. Section 2. The Senators, Members of the House of Representatives, and the local officials first elected under this Constitution shall serve until noon of June 30, 1992. Of the Senators elected in the elections in 1992, the first twelve obtaining the highest number of votes shall serve for six years and the remaining twelve for three years. House of Representatives A. Composition Section 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty (250) 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 (20%) 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. a. District representatives *Gerrymandering arrangement of districts in such a way as to favour the election of referred candidates (usually re-electionists) through the inclusion therein only for those areas where they expect to win, regardless of the resultant shape of the district Party lists representatives embodied in RA NO. 7941

Test of Delegation 1. Completeness test the law must be complete in all its essential terms and conditions when it leaves the legislature so that there will be nothing left for the delegate to do when it reaches him except enforce it 2. Sufficient standard test the law must fix a standard, to which the delegate conforms in the performance of their functions

Chapter 8 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. Congress of the Philippines consists of: 1. Senate 2. House of Representatives Congress also discharges powers of non legislative nature, namely: 1. Canvass of presidential elections 2. Declaration of existence of state of war 3. Confirmation of amnesties 4. Presidential appointments though the Commission of Appointments 5. Amendment or revision of the constitution 6. Impeachment Senate A. Composition Section 2. The Senate shall be composed of twenty-four (24) Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law. B. Qualifications 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 (35) 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. *Residence the place where one habitually resides and to which, when he is absent, he has the intention of returning.

b.

B.

Qualifications 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. In addition, the party list representative must be a bona fide member of the party he seeks to represent at least 90 days before election day.

2.

Privilege of speech and debate a. Requirement: i. The remarks must me made while the legislature or the legislative committee is functioning, that is in session ii. Remarks must be made in connection with the discharge of the official duties

C.

Terms 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.

Conflict of Interest 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. Incompatible and Forbidden Offices 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. *Incompatible Offices may not be held by the legislator during his tenure in the Congress. Not absolute Not allowed is the simultaneous holding of that office and the seat in the congress Purpose: 1. Prevent him from owing loyalty to another branch of the government, to the detriment of independence of the legislature and the doctrine of separation of powers *Forbidden office appointment to any office of the government that has been created or the emoluments thereof have been increased during his term Purpose: 1. Prevent trafficking in public office Inhibitions and disqualification 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. (Personal) Appearance of the legislator is now barred before all courts of justice, regardless of rank, composition or jurisdiction.

Election 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. Salaries 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 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. Parliamentary Immunities 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. 1. Privilege from arrest immunity only applies when the Congress is in session *Session entire period from its convening until its final adjournment

Disqualification applies also in: 1. Revived electoral tribunals 2. All administrative bodies a. SEC b. National Labor Relations Commission 3. Court martial 4. Military tribunals Purpose of disqualification: 1. Prevent the legislator from exerting undue influence, deliberately or not, upon the body where he is appearing. Legislators are prohibited from being financially interested in any contract (contracts from which the legislator expects to derive financial profit at the expense of the government) with the government or any subdivision, agency or instrumentality thereof, including government owned or controlled corporations, or in any franchise or special privilege granted by any of these during their term of office, because of the influence they can easily exercise in obtaining these concessions.

Discipline of members Section 16. (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. Rules of proceedings are needed for orderly conduct of sessions of the congress. *Disorderly behaviour prerogative of the congress and cannot as a rule be judicially reviewed; a political question. Other disciplinary measures: 1. Expulsion 2. Suspension 3. Deletion of parliamentary remarks from record 4. Fine 5. Imprisonment 6. Censure 7. Soft impeachment Journals

Purpose: 1. Prevent abuses from being committed by the members of the congress to the prejudice of the public welfare and particularly of legitimate contractors with the government who otherwise might be placed at a disadvantageous position vis-a-vis the legislator. Sessions 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. Officers 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. Quorum Section 16. (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. Quorum any number sufficient to transact business

Section 16. (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. *Journal a record of what is done and past in the legislative assembly. A resume or minutes of what transpired during a legislative session Useful not only in for authenticating the proceedings but also for the interpretation of laws through a study of the debates held thereon and for informing the people of the official conduct of their respective legislators. *Enrolled bill one which has been duly introduced, finally passed by both houses, signed by the proper officers of each, approved by the governor (or president) and filed by the secretary of state. Adjournment Section 16. (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. Electoral tribunals 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. Commission on Appointments 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. Organization 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. *Ad interim appointments appointments done during the recess, subject to the consideration of the Commission of Appointments for confirmation or rejection.

Statute the written will of the legislative, solemnly expressed according to the forms necessary to constitute it the law of the state. The power to make laws includes the power to alter and repeal them. Procedure: A. Bill is introduced by any member of the Senate of HOR, except for some measures that must originate only in the former chamber B. First reading includes only the reading of the number and title of the measure and its referral by the Senate President or the Speaker of HOR to the proper committee for study. C. The bill maybe killed in the committee or it may be recommended for approval, with or without amendments, sometimes after public hearings are 1st held thereon. If there are other bills of the same nature or purpose, they may all be consolidated into one bill under common authorship or as a committee bill. D. Once reported out, the bill shall be calendared for 2nd reading. It is at this stage that the bill is read in its entirety, scrutinized, debated upon and amended when desired. E. The bill as approved on 2nd reading is printed on its final form and copies thereof shall be distributed at least 3 days before the 3rd reading. On the 3rd reading, the members merely register their votes and explain them if they are allowed by the rules. No further debate is allowed. F. Once the bill is passed on the 3rd reading, it is sent to the other chamber where it will also undergo 3 readings. If there are differences between the versions approved by the chambers, a conference committee representing both houses will draft a compromise measure that if ratified by the Senate and HOR will then be submitted to the President for his consideration. G. The bill is enrolled when printed as finally approved by the Congress, thereafter authenticated with the signatures of the Senate president and the speaker of the HOR, the secretaries of their respective chambers and approved by the president. Origin of bills HOR o o o o o o Appropriation bill authorize the release of funds from the public treasury Revenue bill levies taxes and raises funds for the government Tariff bill specifies the rates or duties to be imposed on imported articles Bill increasing public debt illustrated by one floating bonds for public subscription redeemable after a certain period Bill of local application involving purely local and municipal matters, like charter of a city Private bills illustrated by a bill granting honorary citizenship to a distinguished foreigner

Chapter 9 Powers of the Congress Article VI

Powers of the congress: 1. Legislative o Specific powers of appropriation o Taxation o expropriation 2. Non legislative o Power to canvass presidential elections o Declare existence of state of war o Give concurrence to treaties and amnesties o Propose constitutional amendments o Impeachment 3. Expressed expressly conferred by the Constitution 4. Implied derived from expressed powers 5. Inherent determination of rules of proceedings and the discipline of its members Legislative power the power of lawmaking, the framing and enactment of laws. This os effected through the adoption of a bill or a proposed or projected law which once approved, becomes a statute.

Prohibited measures: Imparing: o The doctrine of separation of powers

o o

Providing appointment of elective officers Prohibition mentioned in the bill of rights Enactment of ex post facto laws Bill of attainder Laws impairing the obligation of contracts

Legislative inquiries 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. Appearance of Department heads 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. Power of appropriation Section 29. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law. Appropriation measure authorize the release of public funds from the treasury 1. General appropriations law passed annually intended to provide for the financial operations of the entire government during one fiscal period 2. Special appropriation designed for a specific purpose, example: calamity funds Limitation: 1. Appropriation devoted to public purpose 2. Sum authorized to be released must be determinate or at least determinable Constitutional Limitations: 1. Appropriation of bills must originate from HOR 2. Section 25. (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. 3. Section 25. (4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein. 4. Section 29. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law. 5. Section 25. (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

Title of bills Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof Purpose: 1. To prevent hodgepodge or log-rolling legislation 2. To prevent surprise or fraud upon the legislature 3. To fairly apprise the people through such publication of its proceedings as are usually made, of the subjects of legislation that are being considered in order that they may have the opportunity of being heard thereon, by petitioners otherwise, if they should desire. Formalities Section 26. (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. Approval of Bills 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. 3 methods by which a bill becomes a law: 1. When the president signs it 2. When the president vetoes it but the veto is overridden by 2/3 vote of the majority of all the members of each house 3. When the president does not act upon the measure within 30 days after it shall have been presented to him.

respective offices from savings in other items of their respective appropriations. Appropriations for sectarian purposes: Section 29. (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, 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. Automatic re-appropriation: Section 25. (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 re-enacted and shall remain in force and effect until the general appropriations bill is passed by the Congress. *Jones law the old general appropriations act is deemed continued in operation notwithstanding the lapse of the fiscal year for which it was originally intended until the congress enacts a new general appropriations law Special funds: Section 29. (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. Power of taxation inherent in the state and is generally vested in the legislature Section 28. (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive system of taxation. (3) Charitable institutions, churches and personages 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. Power of concurrence: The constitution requires the concurrence of the congress to an amnesty and to a treaty.

War powers: 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. Referendum and Initiative: 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. Referendum the right reserved to the people to adopt or reject any act or measure which has been passed by a legislative body and which in most cases would without action on the part of the electors become a law. Initiative the power of the people to propose bills or laws, and to enact or reject them at the polls, independent of legislative assembly