Textbook on the Philippine Constitution [Hector S De Leon]

154 TEXT BOOK 0~ THF. PIII LIPPI~E CONSTITUT ION Sec. 1

Legislative power vested in Congress.

By granting th t~ legi ::<lative power to the Congress of the Philippines
which is a double-chamber body consisting of the SEmate and the Hou~e of
Representatives, a hjcameral legislRture has been created in place of the
unicameral set-up provided in the 1973 ConRtit.uti on .:·1

The 1935 Charter alsCl ClStnblished a bicameralleg islntnre.

Note: 'l'here is a daml)i' from several sectors to amend the Constitution
to repl ace the pres en t prcsidentia i form of government with a federal
unica meral parliamentary systl:'ul. (infra. )

Advantages of bicameralism.

Among the argumentA propounded in favor of bicameralism are:
l.lJ A ~;econd chamber (Senate) is nccel';sm·y to serve as a check to ha::>ty
and ill-considered legi slation:
C2) It serves as a training gr<mnd for futu re lenders;
(3) It provide>~ a r~?.pres entation fo r both r·.~gional and national inter-
ests;
(4 ) A bicameral legi~la t ur<~ i!' l es~ susceptible t o bribery and control of
big interests; and
(5:1 It is the traditional f<.lrm (:!f legislatiYc body dHti r.g from ancient
times; as sueh, il has been tested and proven in the crucible of human
expe rience.4

Disadvantages of bicameralism.
Some of the argument.:; again~t it <He:
(1 ) The bicameral ~et- up has not ,,,...orkGd out a s a n effecti ve fi::>caUzin g

machinery;

(2> Although it affords a double consideration of bill s, it is no assurance
of better com;iden~d and be tter deliberated legislation;

(3) It p1·oduces du plication of efforts nnd serious of!.adlocks in the
enactment of important measures with the Coufere.ru:c._C.\llnmit.t.c-~ of hoth

"Con .•irlered the ad,.>OJI/op,•:; of lt u ni<·:unE.' r:> t l egLJ atur ~;> an~: it is m o rn ~;conomical ·

re~p OII!li hi l ity is P.a s ily tixl'cl: o.nci prompt ~ction in legisla t ion is a('h ieved . Its clisaduan lag••.~

ar,1: thern i;; 1111 ch P.Ck aga in.<:s t h a sty and ill -con sidtr ed Jegis lnti<"l; ~tnd it i;; more su sceptible
t o the infl•I\-n ('t> of big int~1-csts.

The main !'Cn•wn, hc.wcvt-r. fM <lllr.>plir>g· a unicameml ll"jpsl aLun• in the 1973 ConRtitu·
LiN1 i:: th:\t· it wa:; <:l<·t'ln<~d mr,rc s u il,<rble t o a parliamentary .~ys t.em of ~overnmcnt . It w <•~
r<> tained with t.hf! instituti.m of ll m cHiiliPd parliament.ary syst~m by the 19kl c•mstitution<) l

!HIH:rH.hnent..c:.

'rh-: Consti tutional Co mwi ,;sion ,,-hil:h clraft.••d the prns1:nt. Co n~; titutio al· voted 23·~2 in
fnvor ef bicumerali~.m .

·' 1886 UPL C0nslirut i•Jn l'roj t~c t, Legi~ lative l>f.'partm<:nt. , pp. 6 -8,

Sec. 1 ART. Vl. ·- LEGISLATIVE DEPARTMENT 155

Houses, derisively called the "third chamber," practically arrogating unto
itself the power to enact law under its authority to thresh out differences;

(4) All things being equa l, it is more expensive to maintain than a
unicameral legislature; and

(5) The prohibitive costs of se natorial elections h ave made it possible
for only wealthy individuals t o make it to the Senate; a nd as to the claim
that a Senate is needed to provide a training ground for future leaders, two
of our Presidents5 became chief executives even if their service was con-
fined to the H ouse of Representatives.6

Scope of legislative power of Congress.

A grant of legislative powt1r means the grant of all legislative powers7
for all purposes of civil government.8 Accordingly, the legislative power of
Congress, except to the extent reserved to the people by the provision on
initiative and referendum (see Sec. 32.), may be characterized as plenary or
general (not enumerated) subject only to specific limitations in the Consti-
tution.

Th e delegated powers of our Congress are broader t han the American
Congress. The latter's legislative powers are confined only to those granted
by the Federal Constitution. Hence, powers not granted or powers that
cannot be reasonably implied from the granted power s are denied to the
American Congress.

Classification of powers of Congress.

The primary function of Congress is to legislate. The Constitution,
however, has also expressly given it powers which are non-legislative in
character.

Th e powers of Congress may be classified into:

(1) .Ge_71,_~mU?gj§.Jat~~- 11.9.W_g.r. - I t is the power to enact laws intended
as rules of conduct to govern the relations among individuals or between
the individuals and the State. Congress can enact any law as long a5- it is
not contrary to the Constitution. Unl~othru:wisedecre.e d_by a competent

.£ourt..Q.li:!.W..i~. Ptg§_q.ro..~..k..oos.titut.iQ.nal.

(2) &?!!.2fi£q_p~-~l!!.§.o. - They are powers which t.he Cons titu,rion ex-
pressly directs or authorizes Congress to exercise like the powerio choose
who sh all become President in case two or more cand idate.:: have an equal
and highest number of votes (Art. VII, Sec. 4, par. -t. 1. to confirm certain
appointments by the President (!bid., Sec. 16.'·• to promote social justice

' Ra mon Magsaysay and Dios dado Macapagai
'11986 UPL Constitution Project, Lcgislattn Depa r~:nent . pp. H-11. President C. Aquino
is a plain housewife without any ex pcrie nc:(• m tht: goq~rnment .
70campo vs. Cabangi!>. 15 Phil. 626.
RQ cccna vs. COMELF.C. :::c,p,·a.

I ,., , '. Sec. I

, I . ·~; ·. TEXTBOOK ON THE PH!LIPPINI<: CO:\'STITUTTON

156

iArt. XIII, Sl!C. l.); to declare the existence of a state of war (Sec. 23[11. ), to

(· impose taxes (Sec. 28l1J.}~ to appropriate money (Art. 29[l]. );"to impeach
. (Art. XI , Sec. 2.}, to act as a constituent assembly (Art. XVII, Sec. l.J, etc.;

(3 J 111J.P.Lie_f! _po~cers. - They arc those essential or necessary to the

effective exercise of ihe powers expressly granted, like-the power to con-

duct inquiry and investigation in aid oflegisla tion (Sec. 2l.)(to punish for
contempt, .to determine the ru)es of its proceedings (Sec. 16[31.), etc.; and

(4) frl.h.er.ent .P.DW_ers. - They are the powers which are possessed and
can be exercised by every govern ment because they exiRt as an attribute of
sovereignty. In other word~, t hey a re al ways deemed conferred by the
people even if not expressly granted by them in t he Constitution. These
powers which are legislative in nature are th~· powcr of taxation, ·p'ower of
eminent domain, tfnd police power_ll They fall under the generallcgif'llative
powers of Congr<:!ss.

Principle of separation of powers.

(1) Presidential system. - The powers of government, by virtue of this
principle, are divided into three (3) distinct classeR: the legislative, the
executive, and the judicial. They arc distributed, respt>ctively, a mong the
legislative, executive, and judicial branches or de partments of the govern-
ment.

Under t h e princi ple of co-equ al and coordin ate powers among the th ree
(3) branches, the officers en trusted with each of these power s are not
permitted to encroach upon the powers confided to the others. If one
department goes beyond the limits set by the Constitution, its acts are null
and void. The a doption of thi~; principle was motivated by the belief that
arbitrary rule would result if the same person or body were to exercise all
the powers of government. wThe accumulati on of powers in one person or
department of government is considered one of the chief cha r acteristic
evils of tyrannical and despotic forms of government..11 The idea is not to
set one branch against the other but, above all , to promote governmental
efficiency by insuring that all functions of government are performed by
the people (or branch) especially assigned to discharge them.

Under this system adopted by the 1935 Charte r and the present Consti-
tution, the President who is the head of government is elected directly by
t he people fM a fixed term of office.

(2) Parlia.mentary system. - The three-fold ·division of power is ob-
served in the presidential form of government which is distinguished by
the separation of authority between the executive and legislative organs.
Under the parliamentary fo.rm, there is a fus ion rather than a separation

3See "Esscntin i o.- inherent powers of govern men t " u nd(!r J\rtirle III, Section 9.
"V.G. Sine<', op. cit.. p. 12S.
!tll Am. Jur . :H-!0.

s..... 1 ART. VI. ·-·· Ll::GIS LATIVF. OI<:P:\RT:\.JENT 157

between the two organs so that. in a sense, the iwo are one body performing
two governmental functions: policy-making and policy-executing.

Under this system, the Prime Minister who is the h ead of government
i.:; e lected by parliament without a fixed term of office.

(:1) Fnmch presidential-parliamentary system . - This is a variant of
the two types of government. The present government of France estab-
lished in 1958, is known as the Fifth Republic. Its Constitution establishes
the familiar organs of a parliamentary system (e.g., a cabinet and Prime
Minister) but delegates broad power s to the President a nd places serious
limitations on legislative powers .

The Philippjnes, under the 1973 Constitution, as amended, patterned
its government after the French system. The effect of the 1981 amend-
ments was to modify the parliamentary structure ordained by the 1973
Constitution without, however, returning the government to the presiden-
tial system provided by the 1935 Constitution. What was established then
was a form of government which was a middle ground between the two
systems- one which established a legislative body from which the Prime
Minister elected by it and th e m ajority of the membership of the Cabinet
were to be drawn, alongside a strong President elected directly by the
people, who had a tenure independent of the legis lative body.

Principle of checks and balances.

Under the Constitution , there is no absolute separation among th~
three principal organs of government. Constitutional provisions at1thorize
a considerable amount of encroachment (tr checking by one department in
the affairs ofthe others. The system ofchecks and balances is also obsE'rved
along with t he doctrine of separation of powers to make the presidential
system workable.

The three co-equal departments are est.ablished by the Constitution in
as balanced positions as possible. To maintain this balance or to r('store it
if upset, each department is given certain powers with which to check the
othe rs. Thus:

(1) Checks by the President. - The President m ay veto or disapprove
bills enact~d by Congress {Sec. 27ll j.), and through the pardoning power,
he may modify or set aside the judgments of courts. (Art. \'II. s~c. 19.)

(21 Checks by Congres.;. --··On the other hand , Congress may override
the veto of the President (Sec. 27l l J.); reject cE'rtain a ppoi ntments of the
President (Art. VII, Sec. 16.); .r evoke the proc lamation of martial law or
sus pension of the privilege of the writ of habi?08 corpu s by the President
(Ibid. , Sec. 18. ); and amend or ren1ke deci~ion,;: of the courts (by the
enactment of a new law or by an amendment of the old, giving iLsuch
meaning a nd interpretation as to wipe out the effect of s uch decisions). It
has likewise the powm· to d e fine. prt:>::cribe. and apportion the jurisdiction
of the various courls iArt. VIII. Sec. 2. !: preBcribe the qualifications of

158 T EXTBOOK ON 'l'HE PHTLl PPINF. CONSTlTUTJO~ Sees. 2-4

judges of lower courts (Ibid ., Sec. 7[2].); -determine the salaries of the
President a nd Vice-Pres ident (Art. VII, Sec. 6.), the members of the Su-
preme Court and judges of lo\ver courts (Art. VIII, Sec. 10.); ,and impeach
the P resident and members of the Supreme Cour t. (Art. XI, Sec. 2.)

(3) Checks by the judiciary. - The judiciary , in turn, with.the Supreme
Court as the fin al arbiter may declare legislative meawres or executive
acts unconstitutional (Art. VIII, Sec. 4L21.) and).'determine whether or n ot
there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part" of Congress or the President. (Ib id.. Sec. 2, par. 2. )

SEC. 2. The Senate shall be composed of twenty-four Sena-
tors who shall be elected at large b y the qualified voters of the
Philippines, as may be provided by law.

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

SEC. 4. The tenn 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 Senatorshall serve for more than two consecutive terms.
Voluntary r e nunciation of the office for any length of time shall
not be considered ac; an interruption in the continuity of his
service for the full term for which he was elected.

The Senate.

(1) Composition and election. - It is composed of24 Senators. They are
elected at large (nationwide) by the qualified vote rs, as may be provided by
law . (_,ec. 2.) Unless otherwise provided by la w, the regular election of
Senators shall be held on the second Monday of May. (Sec. 8.)

(2) Term of office. - It is six (6 ) years. It shall commence, unless
otherwise provided by law, at noon on the 30th day of June next following
their election. (Sec. 4, par. 1.) The Constitution has a similar provision
with respect to the President and Vice-President (Art. VII, Sees. 3 and 4.)
except that the hour a nd date of commencement of their term of office
cannot be changed by law.

(3) Qualifications. - A Senator must be:

(a) a natural-born citizen of the Philippines;

(b) at least 35 years of age on the day of t he election (i.e., day of the
b al l o t ing);

(c) able to read and write;

Sec. 5 ART. VI. -·· LF.(\ JS LATIVE D.El'ARTMJ-~NT 159

(d i a regi~ t ered voter; and

or(cJ a resi<hnt th n Philippim>s for not l es~ than l\vo 12; years

im m ediately pr~::cedin g tlw d ay of th;~ election. USee. 3 .)

The above qunlifi.cation::. are heyon<l the authority of Congress to dimin-
ish , incr ease o1· ultt~t·.

(4) M Ciximum terms . -- In line with the state policy on equal access to
op portunities for public se rvke a nd a ga inst. political dyna sties (see Art. 11,
Sec. 26.), a Sena tor is disqu alified lo ser ve for more t h an two (2) consecu.-
t iue term;;. (Sec. 4, par . 2.) Whi lt! t heor et ically th e people a r e the best judge
of whether an oflicial should be reelected or not, the Conot itulion h as opted
t o impos e t er m limits to guar d against the weaknes~ in our culture that
te nds to perpetuate polit ical dy n a sties. (Art. II , S ec. 26.) There is no
~hortage of highly talented and motivaterl men and women to replace tho~e
who have long been in office.

At any rate, a Senator can still run for reelection after a brenk or
in terval. There i10 no li mit n::; to the number of yea r s on e can serve as
Sena tor. \lllhat i" prohibited is to serve for mor e t han two (2 ) successive
t er m s . But a . voluntary r enu n cia t ion of t he offi ce by a Sen ator for a ny

leHgth of t ime shJ.iJLn.v.t..b.e. ~.n ~ i dcxed..N :Ul.JJ inJ eJ.JJWLioa in t he continuity

of his service fo r the fu ll term for wh ich he was electe d. (!bid .)

Meaning of registered voter
and residence.

( 1) A registered votrr is nne who has all tht: qua t ;fk<~tions for a voter
and none -~;ftT1e-di~qu~li.fications provided hy law anrl who has registered
himself in the list of voters.

(2 ) One' ~~d_e~ i s the pl ac~ \vhere on e h a s his t rue perm a n ent h ome
nnd to which, whenever absent, h e hr.:- the int en ti on of retu r ning.' It. is,
t h er efor e , not nN't)Ssarily t.he actua l pia ce of rt!Side ncc. Legal or construc-
tive presence is all t h at is required. Thu;;, t.mnporary n~sidence in anoth ~r
place, city or municipality for the p urpo::;e of carrying on a profession or
e ngaging in an nccupation does not itself constitute an a bandonment of
one's legal r~sidence.

SEC. 5. (1) 1.'h(~ House of Representative s shall be composed
of not more than t;wo hun d r ed and fifty member s , unless other-
wise fixed by law, who s hall h e elected from le gisla tive districts
apportioned amoug the provinces, cities, uud the Metropolitan
Manila area in a ccorda n ce with the number of t heir t·espective
inhabitants, and on the basis ofa uniform and progressive ratio,
and those who, as provided by law, shall he elected through a

~ s tory , Cunni!:t of Law;;, 7t h c d., p. -~.

160 TEXTBOOK O:N TH E PHILIPPINE CO~STITt !TLON Sccl;. [,. 7

party-list system of registet·ed national. regional, and sectoral
parties or organizations.

(2) The party-list representatives shall constitute twenty
per centum of the total number of representatives including
those under the pat·ty list. For three conse.:::utive terms after the
ratification ofthis Constitution, one-halfof the seats allocated to
party-list representatives shall be filled, as provided by law, by
selection or election from the labor, peasant, urban poor, indig·
enous culturE.l communities, women, youth, and such othe1'
sectors as may be provided by law, except the religious sector.

(3) Each legislative district shall comprh;e, as far as practi-
cable , contiguous, compact and adjacent territory. Each city
with a population of a t leas.ttwo.hundrediifty_.thons.awl, or each
province, shall have at least one representative.

(4) Within three years following the r eturn of every census,
the Congress shall make a reapportionment of legislative dis-
tricts hased on the standards pt·ovided in this section.

SEC. 6. No person shall be a Member ofthe House of Repre-
sentatives unless he is a natural-born citizen of the Philippines
and, on the day ofthe election, is at least twenty-five y ears ofage,
able to read and write, and, except the party-list representa-
tives, a r·egistered voter in the district in which he shall b e
elected, and a resident thereof for a period of not less than one
year imme diately preceding the day of the election.

SEC. 7. The Membet•s ofthe House ofRepresentatives shall be
elected for a tenn of three years which shall begin, unless
otherwise prov ided by law, at noon on the thirtietl• 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
inten-uption in the continuity ofhis service for the full term for
which he was elected.

The House of Representatives.

(1 ) Composition and election/selection. - It is composed of not more
than 250 members popula:rly known as "Congressmen.'' They are elected
from legis lative or coiLgrossional districts a nd through a party -l ist system.
The party-list representatives are filled by seleetion or election from the
labor, peasant, etc. a nd other sectors as m ay be provided by law, except the
religious sector. (Sec. 5(1j.)

G nless othe nvise provided by law, th e regular election of the members
of t he House of Repres entatives shall be held on the second :Monday of May.

(Sec. 8. )

Sec; . 5-7 t\RT. VI.-· LBGlSLA'I'lVE DEPARTMENT 161

(2) Term of' office. - .1 ~. ~~-t~z:_c_<:__!.~!_y e_ar s, to begin al ~:>o, unless other-
wise provided by law, at noon on tlH! 30th day next follo\ving their election.
(Sec. 7, par. 1.) The House of Representatives is intendt:ld to be close to the
people . T he shorter term of three (3) years is expected to make the repre-
sentatives more respon1-;ive and sensitive to the needl'i of their constituents.

It is also consistent with the constitutional policy ofaccountability. (see
Art. X I, Sec. 1.) If the people had made a mistake in their choice of the
incumbent congressman, they would not have to wait a long bme for the
opportunity to correct th e mistake by withholding a new man date.

(3 ) qua.l_i[i~(l_ii_ons~- A r epresentative must be:

(!l) a natural-born citizen of the Philippines;

(b) at least 25 years of age on the day of the election;1

(~) able to read and write;

(.d) except for a party-list representative, a r egistered voter in the
dis trict in which he shall be elected; and

(c) a resident the reof for a period of not less than one (1) year
preceding the day of the election. <Sec. 6. )

Congr ess is not empower ed to modify the above qualifications.

(4 ) Maximum terms. -The pro\'i:sions are the same as tho:se for Sena-
tors except that the limit is for Llt:.?.L1Jlore_ tha._-q_t_h_r_~~ -(.;3l_conse.cuti::.Le.te.l;:ms.
(Sec. 7, par. 2.)

Under the Constitution , a representative cannot servn cont1n".lou:sly for
more than nine 19) years .2

Again, the purpose is to prevent the growth of political dynasties or
wardlordism- terms which in our country have come to connote guns and
goon.:; a nd alm ost absolute power- which in the past made it impossible
for qualifi ed and deservin g individuals to enter t h e le~,'i slabve sc1·virc.
After some reelections, the politi::ian managed to accumulate much weahh
and to set up his own formidable political machinery such that in many
places the people could not freely choose their candidates because tht>y
Wt) l'C coerced into submission by "profes~ional politici :10s'' who had be~:ome
powerful on account of long t enure. The term limits for electt'd public
officials will level the playing field for canchdates espeeinlly f(•r newcomers
to the political arena.

Number, election/selection and classification
of members.

( 1) The Constitu tion limits to Zli_Q...the maximum number of member i'>
the House of Representatives may have. Th e samt~ may be increased by

'The <age requirement t<hould not app ly to rr.pre~.-,ntarivcs appointt>u frorn t.hc youth
:sector. (s~c. 5r2]. 1

"See, however, Art. XVlll. Se\:tioH 2 .

1()2 TEXTBOOK ON 'fH:E ? II1Ll i:'.PI:\F.: CO;-,".ST!TU'JON St)CS. G-7

law. Fixing a ceiling i n its m e mbership which ~:annot be changed without
constitutional amendment m ay not be practical, for \vhat m ay b f) an ideal
number today nHty not he so a nymore in the yE'urs to com<~. As our popula-
tion g rows, the number uf constituents enlarges and as they incrc!ase in
number, ~o does the need for a larger representation of the people in the
H ouse of Repl'esentalives if it is t o lw truly represemative of the peop le.

(2) The members of the H ouse of Representatives shall be elected fl'om
legis lative districts and throug h a pa rty-list system of registered n ational ,
regional and sectoral parties or ortzanizations. The party-list rcpresenta-
tive.s shaJl constitute 20';;; of the n umber of representatives in the lower
hou::~e, including t hose under the party-list. (!bid) For three consecutive
terms after the r a tification of the new Constitution, on.e-half (I/2) of the
seats aliocatod to party-list r~p rBscntativcs shall be filled , as provided by
law, by selection or election from the labor, peasant, ut·ban poor, indig-
enous C\dtural communities, women, youth and such other sectors as may
be provided by law , except the religious sector.a (Sec. 5(2].)

(8) Thus, the members of t he H ouse of Representatives may be classi-
fied in to diiltrict, party-list, a nd sectoral reprc:;e ntatives with the last to
exist only for three t3) conser.utive t erms after the ratification of the
Cons titution.

Apportionment of elected representatives.

(1) .CIEJ.dWrw.s...ht.aJJJ201:.ti.on.me.nJ. - It i5 a r l:lquirernent under Section

5 th Rt th<~ tlectt~d repre~ent ativeil frnm legislative districts shall be a ppor-
tion ed or distribu ted amon g th l' provinces, ci ties and the Metropolitan
Manila area suhject to the following conditions:

(~{Such a pportionme nt shail be made in accordance with the

number of their r espective inhabitants;

QJ) It sha ll be made on the b a!:' is of u uni for m and progressi v~ ratio;

(_c) Each legislative district s hall comprise a s far a s practicable,
crmiiguom:, compact and a djacent terr itory;; a nd

(d'l Each cit y with a population of at least 250,000 or cac:h province
shalt have at least one representativ~.

t2l Ra.tio to be adopted. - Under th~ Con stitution, th e ratio to be
adopted must be uniform, say, tor e xample, one territorial u nit for every
250,000 inha bit anis or fra ction thereof. T hus, ev<~ ry elected rep re ~;~ntati ve

"Executi ve Ord<:r No. 198 \Jun1! 18, 19lfi) provides for t.hc n:anncr cf nomimnion and
appoi ntment of f;ectoral representatives.

~This is to prev(: nt the practice known a;; '~m a ndt~dng" w here:by a tel'r\torial unit j,;

divid ed int o election d istrict;. in an unnat ur;1l and unfair way with the purpose uf giving vne
political part.y an electoral majority in a h1rge n umJ.,n,r nf di:;;trit:t~ wh ile <:<uHamtrat.ing th~
voting strengt.h of the oppot";ition ;" as f,~w di.; t ricts us pv.:;sihlt•. t \Y\,b.;tcr';; :Jrd New Int.
Dicti <Hiary, p. 95~.1

Sec!;. 5-7 ART. VI.- LEGISLATIVE DEPARnlEN1' 163

represents a territoria l unit whose population is nearly equ al with t h e
others. This insures that the majority vote of such members ofthe House of
Representatives represent the popular majority.

The ratio must also be progressive, for the size of the House of Repre-
sent a tives must be considered. It must not be too big as t o be unwieldy. So,
a s population grows, the ratio may be increased, say fr om 250,000 to
300,000 inhabitants for each legislative district.

(3) R epresentati(}n of,Provinces and cities. - - 'l'he new Con stit ution
provides, however, t h aV,:(regar dless of their population) provinces (wi th
their component cities) sh all have a t least one (1) r epres entative each. But,
a cit y wit h a population of at least 250,000 sh all have a t least one (1)
representative.

(4) Reapportionment of legislative districts. - With in three (3) years
following the return of every census, Congress is mandated to make a
reapportionment or redistribution oflegislative districts based on the above
standards provided by t h e Constitution (Sec. 5[4].} so th at inequalities of
r epresentat ion that a rise becau se of changes in population ma y be cor-
rected.

Party-list and sectoral representation.

(1) A im of the party-l ist system. - The bas ic aim of representative
government is to attain the broadest possible represent a tion of all inter-
ests i n its law and policy-ma king body. It becomes necessary io give an
opportunity to the various S()~.! <1.~, e~9:0.9.IT!i.~, ~1ll~t,t.r..~ L g~.9gr~p_hical and
other grou£§...or sectors of our society to have their voices heard. And
because they are usually withou t sufficient funding or political machinery,
it becom es incumbent u pon the government to extend such opportunity
without the need to go through an expensive elector al cont est.5

For this reason , th e party-};st systein has been adopted in th e new
Constitut ion to assure them of representation in the highest law-making
body of the Republic.

(2) AppDilltlll£1111li..ele.cJ.ioiJ..J){ ..$£ctJJmLJ:ep.r£B.erJJ.atiu.e.s... -- Under the

party-list system, in addition to the members of the Hou se of Representa-
tives elected from the legislative districts,~~ of it s total composition or
membership (ora_ratio of_ o~~..P.i'!r~Y~U~t.Jepre_s_ent~tive. for every_ 4 leg:i sla-
~ ~!v_e__qi s.tri~t re_pr~seut.a~ ) shall be elected from a list of registered
national, r egional, and Sector al part ies or organization s. tsee Art . IX, C-
Secs. 7, 8.) The maximum number of party -list r epr esent a tives strikes a
balance between those directly elected in t heir districts and those elected
under t he party-list. Thus , if there are 250 member s , 50 t h ereof must be
p a rty-list representatives. P eople will vote not for individual candidates

'•1986 VPL Constitution P roj ect, L.,gislative Department, p. 28.

164 T~~XT BOOI\ 0 :" TI-ll<: l'IU\...IPPTNE CONSTITL'TIO N Sees. 8-9

but for the regis tered par ties which will be entitled to such n umbe r of se ats
depending on the pe rctmtage of votes rece ived.

However, for the first three (3) consecutive terms from the time the
party-list system ha s been in operation after the ratifi cation of the new
Constitution, one half (1/2) of the seats allocated t o party-li st represen ta-
tive s shall be filled , as provided by la w, by selection (i.e. , appointment) or
election, from the la bor, peasant, urba n poor, indige nous cult ural commu-
nities , women, youth a n d s uch other sectors as may be provided by law,
except the religious sector.6

<3) Need {or sectoral representation. - Sectoral representation is nec-
essary because it is almost impossible for, say a farmer, laborer or public
school teacher , to win in an elect ion . It will foster the rise of non-tradi-
tional, political parties and gn~ater participa tion for \'arious interest groups,
not to mention genuine grassroots consultation . After th ree (3) consecutive
terms, it is expected tha t enough of the people or ganized sectorally <e.g.,
labor, farmer, a nd urban poor groups) will be able to win scats in the House
of Representatives under the party-list system a nd those who are not
organi zed hut wish to be represented in the House of Re presentatives will
he for ced to organize and, maybe , conlesce with ot her groups in orde r t o
have representa tion.7

SEC. 8. Unless oth erwise provided by law, the regular elec-
tion of the Senator s and the Me mbe rs o f the House of Repre -
sentatives shall be held on the second Monday of May.

SEC. 9. In case .of vacancy in the Sen ate or in the House of
Representatives, a special election may he called to fill such
vacancy in the manner prescribed by law, but the Senator or
Member ofthe House of Representatives thus elected shall serve
only for the unexpired term.

Kinds of election for members of Congress.

There ar<> two <2) kinds of elections for members of Congress , namely:

(1) B..~~lC!:.?~J!..l!!.~!ion . --It shall be held on the S£~n~I':fonda..L9J Ma_y.
Congress may, by la·w, provide otherwise. (Sec. 8. ) If the election is held

~w hai is proh ihitcd is r cpresentc!t ion of a ny .u- ii~jous Aeci or. A priest, minister or other
religiou.;; dignitary may beco nw a sct~tora l rcp re;;ent at. i\'l' of a ny oth er sC'ctor.

"Th{: a lloca tio n of 112 of party -l ist represcntativ•~s t o t h e disadvantagHd !<P.Ctorl'> for the
first three (3 i consecutive t erm;; is a com promise betwe'o'n two (2) vie ws in the Cons tit utional
Commission, one was th at t hcy s h ould he as!< ured of rese r ved seats in th~:~ Hous e of Repre-
sen tat-ives tind the ot.hcr, that they ~hould compete in th~~ regular p arty-li.;;t sy8te m just a s
a ny ot.he r party or lll'ga nization. ,·,J(laqu in G. B<: rnas , S.J., !\fah il:. Bulletin , April 29, 1988.)

The fi r st. party -list elect io n un d!'r R.A. No. 7 94 11 Mar. 3, }f)q !) l wa" lwld d uring the May
11. 1998 n ationa l clcctiOH:L Only 12 of tlH' 12 1 m·g anizatio n:; ga rncr~· d ~JHJugh vot es (at least
2'1<.) to qualify fur r epr«:scn ta linn in Congrt:;s.

Sees. 10-11 AHT. VI. -- LEGISLATIV~ D.EPA}{'l'MENT 165

beyond the term of office , the member!:; of Congrc~s cannot hold over. The
purpOS\~ of a regular election is to give the people an opportuPity to renew
or withhold their mandate on elected officials; and

(2) Special election. - It may be called in case a vacancy arises in the
Senate or House of Representatives to illl such vacancy in the manner
prescribed by law. The Senator or Representative e lected shall serve only
for the unexpired term. (Sec. 9. ) The authority to call a special election may
be given by law to the Commission on Elections. The holding of a special
election is not made mandatory by the Constitution.

SEC. 10. The salaries ofSenators 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 tb~ Members of the Senate and the House of
R epresentatives approving such increase.

Salaries of members of Congress.

Under the above provision , Congress is not prohibited from increasing
or decreasing t he salary of its members. However, any increase can take

effect only after the expiration of t he full term of the members approving

such incrNtse. This rule applies even as to members who voted against the
increase.

The obvious purpose of t.he restriction is to prevent Congress from in-
creasing the salary of its members dm·ing theh· incumbency. To be 5ure,
Congress has the power to provide for higher compensation, but with the
length of time that has to elapse before an increa~e becomes effective, there
is a deterrent factor to a ny such measure unless the need for it is clearly

f(>]t.1

SEC. 11. A Senator or Member of the House of Representa-
tives shall, in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while the Congress is in
session. NoMember8hall he questioned nor be held liable in any
other place for any speech or debate in the Congress or in any
committee thereof.

Freedom from arrest of members
of Congress.

Section 11 provides for the parliamentary immunities of the members
of Congress. Every member of Congress is entitled to the privilege from
arrest while Congress is in ~ession, ~~.ether or not_h e i;2 attending sess.i.oll.

1P hil. Con,;t.itution As;'lo<:iation v,.;. MJ.thay, L-2i'in54 , O c:.t. 4, Hl66.

166 TEXTI:\OOK ON THE PHH.ll'l'INF. CONSTlTlJ'l'ION SAc. 11

Congresg is considered in session, reg ular or special, fo r a s long as it has
not adjourned.

Like the guarantee of freed om t>f speech or debar.o {infi·a.), this privi~
lege is intend ed to enable members of Congress tn disch arge their functi ons
"ldequately and without fea r. It ir-; true that the privjlege may be abused.
However, the harm \Vhich would come fr om its abuse is considerf!d slight
compared to that which might arise if t.h.e privilege were not given.

When i.!f!rnunljy_cam:w.tll~.i.r:.t.YQ~~d.:
The immunity ca nnot be invoked where:
()) The offense by reason of whi ch the arre~t is m a de is punishable by

more than six (6) years imprison ment. In this case, the seriousntlss of t he
offense l~.oes not justify the grant of the privih!ge ; or

~2) Congress is no longer in ses!'.ion. In such case, the reason of the
privilege docs not obtain.

T.h!:l..Pr.iY-i} ege j ~ -~. P.er sonal one an<,i IQ!lY b~ waive~.·

Freedom from being questioned
for speech and debate.

A member of Congres:-; enjoys parliamentary immunity in that he shall
not be questioned nor be h dd liable in any ot!wr place for any ~ peech or
debate "in tht-! Congress or in any committee t he reof." The quoted pht·ase
should he construed t o mean that the sta tem ents must be in connection
\Vith or in reh1tion to the pe rform ance of leg-islative duties.

Like t lw privilege from arr est, this privilege is s ecured not to protect
the mt~rnbers a gain s t prosecution, but for the bcnetit of t he people , by
ena bling their ,·eprescmtati ves to discharge the function s of their office
without fea r of prosecution. ci vil or criminal.;

!/h~?.r:tl!!l~_u~!Y...E~~!!.~!.~~~~ ~i~.~d.
The privilege cannot he cla imed when!:

(( ) The m ember is not m:ting a s a a1 ember of Congress, for he is not
entitled to any privileges a bove hi s fellow citizens; nor are the rights of the
people affected if h e is placed on tht~ sa me gro und on which his constituents
stand;~ and

(2) The m~mber is bei ng questioned in Cougn•ss itself, whenever said
body.:considers that hi~ vvcm i s a nd conduct are disorderly and unbecoming
of a member tiH:reof.

' Coffi n vs. Coffin, ·t Mn""'· 1.
)Jbicl .

Sees. 12·1:1 AH'f. VI.- LEGISLATIVE DEPARTMENT Hi7

SEC. 12. All :Members of the Senate and the House ofRepre·
sentatives shall, upon assumption of office, make a full disclo·
sure of their financial and business interests. They shall notify
the House concerned of a potentialconflict ofinterest that may
arise from the filing of a proposed legislation of which they are
authors.

Disclosure of financial and business interests.

To promote a high standard of integrity in the legislature, Section 12
imposes two obligations on alJ members of Congress:

(,1) To make a full disclosure of their financial and business interests,
upon assumption of office; and

(.2') To notify the Hous~ concerned of a potential conflict of interest that
may arise from the filing of a proposed legislation of which they are
authors.

'l'he first obligation is necessary in view of the prohibition in Section 14
against having financial interest in any contract with, or any franchise or
spedal privilege granted by, the governm~nt. Note that Section 12 requires

".fu!J. disclosure." If a member of Congress withholds or hyies any informa-

tion of his interests, he may badisciphned -.censured, suspended, or even
rxpelled by the chamber where he belongs.

As to the second obhg~ttion, it is a betrayill of public trust for a member
to vote for the approval of a proposed legislation from which he expects to
derive tinancial advantage especially if he is the author thereof. (see Ar~
XI, Sec. 1.) Even if he is not engaged in a business activity when he file;; u
bill but later gets jnto su(:h business, he is still required to disclose new
business interests and notify the House concerned of the potential conflict
of interest. Note that a legislator may still propose the bill referred to.

SEC. 13. No Senator or Member ofthe House of Representa·
tivcs may hold any other office or employment in the Govern-
ment, 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 hebe appointedto any office which may ha·ve been
c&·eated or. the emoluments thereof increased during the term
for which he was elected.

DisquaUfication to hold any other office

or employment.

Sections 13 and 14 provide for certain disabilities for members of
Con~:,rress, the fir~t with respect to their right to hold any other office or
employment, and the second, with respect to their right to engage in
certain activities. Precepts of propriety and ethics underlie the constitu-

loH TE XT ROO K nN T HF: PH ILIPPi i\'E CONS"l' lT UT IOl'\ S ec. 14

Uonal pr ovision disqualifying mem bers fro m holding t:erta in offices in the
gove rnmen t. 1 U nder this provisio n, a member is disqi.talilie d to hold two
classes of office, namely:

( l) .In.cP.mpa_ti}J._le_qffice . - This incl udes any kind of office or e mpl oy-
ment in th e gover nmenC or any subdivision , agency, or ins trumentality
.:hereof, including govern ment-owned or -controlled corpora tions or their
s u bsidiaries du r ing his t erm. T he phrase "any_Qther..Qf1kl;UU: .e.:rop_)Qy!l_l~D t."
indude s an y position in the government outside of Congress . inclu ding ex -
officio mem bersh ip of a ny nom:ongress ion nl bod.v, committ0.e o1· ~.:omm •.-:.
sion in a ny guise whatsoever. The prohibitiou i'i nds its r ati ona le in the
need for members of Con gress t o de vote their time a nd attention to the
disch a rge of t heir legislativc res ponsibilities.

A Sena tor or Representative who acc epts any other office or employ-
men t in the govern ment during hi s term for feits h i:; seat. l t i~ violative of
the very essence of dem ocracy a nd politically immora l Cnr a mem ber of
Congress to tur n his ba ck on his bounden duty to ser w the people who
elected h im to be th eir r e prese ntativn in Congress and e xpected him to
serv e as such for the full term. Hi s occupying a nother position depr ives his
w nstituency of its r e presen tation in Congres~.

(2) E.!J.r:bid.si&n office. - This r efers to a ny office cr~ated or the emolu-
ments of which have been increased d\U'ing .tl~ .tr.:on.. for which he was

elected (S ec. 13.), not merely during h is t enu r e or period of actua l incum-

bcn<.:y. Th e ~tc:r.iod .of jne.ligi.b!J..i.I.Y"::\\:~:~ r~sP~.<:t to.th~i>9 ..t:wg.Gl.Q. ~.e..s....Qf..Qffke.

doc.s. nn.t come .to an. wd..J;mtil_a f_!:.e l~ .t.h ~.m ~_b er_§.lw !L have 1(~t\ h i!§; offl~-~b.y
Ulc terminaiion..of. bi.s._t.c.an.. not tenure. (See Art. VII, sl~C. 4.}~f.e, E\.
.memh~.r...<JLC.!l.IUIT~~-~ :;>_Q;'!J.l..Jl<lt.b.g _eJjgiblc_fo.r..a p_p.oiutllli:n.Lto 'such otficc
even i.f h~ r~s!gl:l_~..oz:_lo~e~-~~i~_.s~~t.

Without the prohibition, me mbers of Congres~ might be te m pted to
crea te offices or increase t heir emolument s for personal gain.

S E C. 14. No Se nator or Member of the House of R e presen t a-
t ives may personally appe ar as counsel before any court of
justice or be fore the Electoral Tribunals, or quasi-judicial a nd
other administra tive bodie s. Ne ither shall he, directly or indi-
rectly, be interested financially in any contract with, or in an y
franc hise or spe cial privile ge grante d by the G overn ment, or
a ny s ubdivision, age ncy, or inst rume ntality the reof, including
a n y government-owne d or -cont rolle d corporpt ion, or its s ub-
s idial·y, dul'ing his t erm of office . He shall not in terve ne in any
matt-e r before a n y office of th e Gove rnme n t for his pecuniary
benefit or where he may b e calle d upo n to a ct 011. acco unt of his
offi ce.

' V G. Sin(:o, op . cit.. p. 1.59.

ART. VI . - LEGISLATIVE DBPARTMENT 169

Fiduciary position of members.

'I'hc- prohibi tions under thic;; subject underscore the fidnciary nature of
the position of a member of Congress and thus lend effe~tivene::;t'i to the
ptinci ple that public office is a public trust. (Art. X f, Sec. 1.) They may be
grouped as foJlows:

(1 ) ~Pl!.f...(frG!I.9£! as__f:..()_U.!J.§fl.l...l:J..eL(J.r.e.f.!.J}.J!..i:.QJ.fLt.rtfJli.fil.il;J:., P.tc. -- A member
of Congres:s shall not appear personally as counsel before any court of
justice or before the Electoral Tribunals or quasi-judicial and other admin-

istrative bodies. The purpose is to remove any possibility of influence upon
the judges of these courts or heads or members of these bodies who might
be swayed in their decisions by their hope for future appointments to
higher positions. t\npg ~r._g_nce.ia...P.rDhibit.rui...e...~iLno- fc..cs.....ru:e. cbarged..for
.it.

With respect to appear~tnc.- before the Electoral 'rrihunals, the reason
for th(: prohibit-ion is the inconsiste ncy of a mE·mher's position in represent-
ing a party who may not be entitled to be a member of tht~ body to which he
belongs..F:x~rtion of undue influence is also ilought to be avoided;

(2}.Fi~tEncial ~.n.t.!J~·e_st f_r!-_f!IJ.X.J:.Ontract wilhJl.!&...{JJJJ.lJ?.r..l1JlJ.1:JU... --He shall
nr,t, direct.ly or indirectly, be int.ere:>ted financially in any contract with t he
government, etc., during h is term of office, whether as an individual or as a
member of a partnership or as an officer of a corporation. Financial interest
in such contract by the spouse is indirect financial interest by a member of
Congress..t.But it docs not extend to such contract entered into by a son or
brother of a member of Congress unless used as dummy or the member is
pecuniarily interested in the contract. The purpose of the prohibition is to
prevent a member of Congress from using whatever innu<mcc and pressure
jn the award of government contracts.

firy.(Lru:i!JLi.!~tere.i!l in any contract is interest which involves financia l
investment. {e.g., subscription to the capital ~tock of a government corpora-
tion) or business out of which a member of Congress is t o d•!riv~~ profit or
gai.n. Borrowing money from the Philippine JS'ation al B a nk cannot be con-
sidered one involving financial investment from which the borrower ex-
pects tO obtain profit;

W) fJ1wncia l ipterest in .any_~Jf~t;jqJ__ JlJ:i.l!.i!r:.g(~ .gr{.l_.nted by ii~S._g_or!!.r..rt~

.nv:mt., -- He shall not, directly or indirectly, be intere~t~d financ ially in any

franchise or special privilege granted by the govcrnnH?llt. etc., during his

term of office. The reasop for t his prohibition is lihv.·i st> to prevent mem-

bers of Congress ft·om making use of their inf1ucnce for purposes of finan-
ci al benefitorreward ;and

or.ma"tter..(4J Intervention in certain matters. - H<> shall not intervene in any
cnuse bcfo~e--any- oi£i~e- ~{the govern ment for his pecuniary

benefit or where he may be called upon to act on account of his office or to

give his vote as member of Congres.s. The prohibition seeks to insure that

h i;:; en~ry vote on any pending lc.:gislati,·e measure shall be dictated by no

170 TEXTBOOK ON THE PHILIPPIN ~ CQNSTI'l'FTION Sec. 15

oth er conside rat ion t han t he p ublic ~·o<ld, and it applies wht•ther or not he
personally der ives any pecuniary benefit or advantage fro m his interven-
iion.

SEC. 15. The Congress shall convene once every year on the
fourth Monday ofJuly 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 dete rmine until thirty days before the
opening of its next regular sess ion, exclusive of Saturdays,
Sundays, and legal holidays. The President may call a special
session at any time.

Sessions of Congress.

(1 ) & gular..g.ssio(t. - Congress shall convene once ~very year on the

w.ur.th..M®.QruL_9JJ.l!Jy fo r its regula r session unl ess a different date is fixed

by law. Once it is convened, the .session sha ll continue for such numb~r of
d ays as it may determine .until ao_day~ before ::;pening of its next regular
session, exclusive of Saturdays, S undays and lega l holidays . There is,
however, no prohibition from holding sessions on Sat11rdays, Sundays, and
legal holida ys.

Congress shall be virtually in session for t he entire year. It is only
proper that it be on the job throughout the year. Lawmaking is a full-time
obligation and not a mere sideline. .Members of Congress receive fixed
yearly income.1

During a regular session, the Congress may legislate on a ny matter it
deems fit.

(2 ) $pg_c:JE! §ession. - -· It takes place when the Presiden t calls Congress.

during the time thariTis in recess, to s ession to consider such subjects or

legisl ations as he may designate. Its duration is not limited by the Consti-
tution. The President m ay designate t he subjects in his proclama tion or
s pecial message calling Congress to n special session, but the power of
Congress is not limited to the subjects specified . It may enact Ia·ws relat ing
t o other subjects. The Presi dent may also limit the duration of thl~ session
but once it is a lrea dy in special session, Congress may determine th e
duration in accordance with the needs a nd exigencies of the buoiness before
i t.

Secret meetings of Congress or any of its com mittees are called ~~-~-\!:
.fuu~.§.lim_s." A...£..l9..e.~g ~-~.§~lQ.!Ll!?..hgt_9_if t...lu.~iS_$.\HdO.. be discussed i nvo! v e s
4l,;;t.ti.Qn!.\l5.e.!,;..\l:r.UY:,. (see Art. 16l4] .)

' Under the 1935 Constit11tion. the Congress was mandated to hold once a year only a
100-day regular s c!lsion toxclusive of Sund ays . This number of days of regular ses>~i•ltl did not
g ive Congre;;s enough ti me to pass importan t bills a s shown by the fact th at yearl y the
P reside nt had to call Congrc!!S to a s eries of E;pecial sessio ns.

SC'c. 16 ART. VI.··-- LEGISLATIVE DEPARL\J[VI' 171

SEC.16. (1) The SenateshallelectitsPresidentand theHouse
of Representatives its Speaker·, by a majority vote of all its
respective Members.

Each House shall choose such other officers as :it may deem
necessary.

(2) A majority ofeach House shall constitute a quorum to do
business,but a smallernumber may adjournfrom day to day and
may compel the attendance ofabsent Members in such manner,
and under such penalties, as such House may provide.

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

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

Each Honse shall also keep a Record of its proceedings.

(5) Neither House duringthe sessions ofthe 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.

Officers of Congress.

(1) Congress shall, by a majority vote of all its respective members,
elect the &enhl.e...E.r.es:idcni and ~er oCthe tl_Q!:!._se oL~ill2I!Z§i~T)tatives.
The Senate President and the Speaker hold their office at the pleasure of
the respective members of both Houses.

(2 1 Each House is authorized to choose such other officers as it may
deem necessary (Sec. 16[1J.), such as a Senate President/Speaker Pro-

tempore, a floor leader, a secretary, a sergeant-at-arms, a disbur&ing of:·
ficer, technical assistants, etc. The rules of the present House of Repl~e­
sentatives provide for the election of three ~-Dep:u.t,y S.ne~k~r~ in place of

one (1) Speaker Pro-Te~1pore.

It is important that the officers ofboth Hcuses be elected at the earliest
possible time so that they can get organized .into a working body to perform
their constitutional duties and functions.

Powers and functions of Senate President
and House Speaker.

The Constitution does not define the powers and functions of the
Senate President and the Speaker of the House of Rer-resentatives. They

1 ~,_" rgxTBOOK ON THE PH1LIPPlN£ CONSTlTUTION Sec. 16

are , however, implied from their position as a dministra tive hea ds a nd
presiding officers of their respective cha mbers. As .such, they pres ide over
their sessions, preserve order and decorum, decide all questions of order,
sign a cts, r esolutions , orders a nd warra nts, issue subpoenas, a nd a ppoint
personnel, and discipline them.

Other powers may be given t o t hem by the rules of their respective
Houses for purposes of efficient staff s ervices oflegislative work.

Meaning of quorum.

A ~uorum is such a number of the membership of an a ssembly or
collective body as is competent t o transact its business.1 In other words, it
is that number that makes a lawful body and gives it power to pass a law or
ordinance or do any other valid corporate act.2

Ordinarily, a quorum is at.leas.t~i:la1[£lus one of the members of a
body. - -···-·

Basis of quorum in each House.

Under the Constitution, ".AJnru.Qri.ty_of e ach House" shall cons titute a
q uorum to do business (Sec. 16(2J .) duringit~--sessions: whether regular or
special.

There is a differ ence between "a majority of all the m embers" of a body
and "a majol'ity" of the body, the latter requiring less number than the
former. Under Section 16(2), the basis of the quorum is not the number of
all the members who constitute the entire m embership of each House.
Members suspended or otherwise prevented from participating in the func-
tions of either House or who fo r the time being may be outside the Philip-
pines a nd on whom Congress has , ther efore, no coercive power to enforce
its authority and command, s hould not be counted.3

Adjournment in absence of quorum.

In the a bsence of a quorum , a smaller number m ay adjourn from day to
day and may compel the attendance of absent members in such manner,
and under such penalties, as each House may provide. (Ibid.) This smaller
body is competent to issue orders for the arrest of the absent members a nd
t o choose a n acting Senate President or Acting Speaker as an emergency
measure.4

1See 51 C.J. 305.
~Jovellana vs. Tayo, 6 SCJ{A 1042, Dec. 29, 1962.
3C nder the 1935 Constitu tion which has exactly t he same provisio n IArt. VI, Sec. 12l2)
t hereof.), it was h eld that the basi~> of the quorum in the House of Representatives (the h>wc1·
chamber) is the nu mber of th ~ mem ber:; who were withi.u_t):le P hilippines ,51nd on whom tb,e
!!~~~s.~ !I.!!!!. <:Qer_~i~_ru.!.w~r...!g.Jlufur.cc.. i!.:i.AllLho.J:i.4>-.and <·omala!l!h. lAvl<lino v:s. C uenco, 83
Phil. 17.)

4lbid.

Sec. Hi ART. VI.--·- LEGISL ATIVE Dl~PARTMENT

Without the above power of each House, members who refuse to attenn
its sessions could obstruct legislative work.

Meaning and function of rules of procedure.

..li!!J:!~-~[E!Oc~c!.__u.!._~-~l}re the rules made by any legislative body to regu -
late the mode and manner of conducting its business.

They are intended for t he orderly and proper disposition of the matters
before it. Thus, the procedure and r ules to be observed in its deliberations
(e.g ., what committees, and upon what subjects they shall be a ppointed;
what shall be the order in which the business shall be taken up; in what
order certain motions shall be received and acted upon); election of officers;
penalties to be imposed upon erring members ; and ma n y other kindr ed
mat-ters, are proper subjects of the r ules of procedure."

Limitations on power to determine rules.

The Constitution empowers each House to determine the rules of its
proceedings. (Sec. 16(3].) Any such r ules is subject to revocation or modifi-
cation by each House.

I

T he rules promulgated sh ould not ignore constitutional restraints or
violate fundamental rights.6 They cannot repeal or alter statutes. Th~
reason for this is that the Constitution and statutes are superior to the
internal rules of Congress.

Nature of power of each House
to punish its members.

The powQr to punish or expel a member need not be specified in the
Constitution s ince it would exist, whether expressly conferred or not. It is a
necessary and incidental power to enabl e each House to perform itE- h igh
functions. It is a power of protection. A member may be physically, men-
t ally, or morally u nfit, or afflicted with contagious disease, or insane. or
noisy, or violent and disorderly, or in the habit of using profane. obscene
a nd abusive l a nguage. Even in the a bs ence of parliam entary customs and
practices, legislative bodies have the power to protect thems elves by the
punishment and expulsion of a member.7

T..h.~-~-th~.t.J.h~..QQ.TI.!>.titl!tiQn ..~X..P.:res§Jy giv~s ea~h Hous~_t.hU.9-'Y.e.r to.

P.!l.n!~.b...i~~..mb.~s.J.o.r disorderly behayioi_ilbad.Lda.e.Ji...not imply ibat it

b.~ILI!Q..P~~r..19.Jn.mish..fQr_~Jmt~mp.t any o~her pers.o.n..~

'\See He iskell vs. Ma>"r, 4 At!. l17.
~u.s . YS. Balin, 144 U.S. 5 .
7Co<> ley, Co nst. Li mit, 8th E d ., p . HIO .
"Arna.ult vs. Nazarene), 87 Phil. 29 . Contempt i$ willful disoix>dit>nce to or open dis re-
spect of !I cou rt or legi 11la t in~ body.

174 TEXTfiOOK ON ·rHE PHlLIPI'INE CONSTTTUT'IO~ Sec. 16

Punishm.ent may .take...the.form. oLr.e.u.riman.d,_fitte.•.forfcit..ur.e..of salary,

i.mP.ti~'!.~.!l)_e n_h_~spensiop__,__~.n.Q._£X.Pl,ll~i.9~

Votes required.

'fo s uspend or expel a member, the concurrence of b&:o.-.thir<;lli.(lf all th~

m~em-b;;e;.r-s;~o~Lf6eiia~ccihRYH.~o.u?ts6e1-i"sdjn··e-·c·e--s-s-a-r-y--.- If the penal ty ---iU:QR.~nsion, ..t.h-i-s-s-h-a-l-l

l f-ach Hou>w hal> no power to suspend a member for an indefinite period
ofttme.9 An in definite suspension is considered worse than expulsion in the
sense that in lhe former, a vacancy d oes not a rise and consequ en tly, th e
people are deprived of the opportu n ity to elect a replacemtmt for the period
of the suspension.

Each House sole judge of disorderly
behavior.

'fhe courts arc not authorized to control, revise, or forbid t he exerci!'le
by Congr ess of its power to punish a mem ber for disord erly behavior . It
must necessarily be the sole judge of wh at constitutes disor derly behavjor
not only because the Constitution has conferred jurisdic~ion u pon it, b u t
because the matter m ainly depends on factua l circumstances of which said
body knows best. 10 (see, however, Art. VIII, Sec. 1, par. l.J

Meaning of legislative journal.

A]t;g_i~;lative jouJ.:n_al is defined as the official record of what is done and
passed in~ i"~g-fslativeassembly. It is so-called because the proceedings a re
entered therein in chronolog ical order as t hey occu; from day t.o day.

The record is frequently spoken of in t he plural as t he "journals."11

Purpose of journal-keeping requirement.

The Constitution r equires t h e Congress to "k eep a journal of its pro-

ceedings , and from time to time to publish the same,excepting_svch paJ::t.s

.as may, in its judgment, affect n.a t io nal s ec u.r..i.t.y._.._" (Sec. 16[4].)
'
. ..

The object of the requirement is to insure publicity of the proceedingJS of

Congress, and a cor responding r esponsibility of the members to th eir

r espective con s tituents. Reasons of public policy d~mand a recor d of the

actuations of a legitlla tive body kept in permanent form and open to p ublic

inspection . The journals fulfill t hat role. They a re public because all a r e

required to confi)nn t.o them, and they a re permanent to assure t hat rights-

YSee Alejandrino v,:;_ Quezon, 46 PhiL fl:{ . ,.

10See French YS. Senate. 146 Cal. 604; Osmei'ia v:;. Penda t.u n , 109 P hil. 863.

11Cu!;h ing, Law anrl Practi~:e in Legislat ive t\s.;emblies, c it()n in Montgomery vs. Gasto n,

126 A\11. 125; 5 1 L.RA. :{96, <1 01.

SP.c. 17 AR'r. VI. - LEGISLATIVE DE PART~1E~T 175

acquired upon the faith of what has been declared to be the law shall not at
som e future time be destroyed by facts made to res t only in the memory of
individuals. 12

Matters to be entered in the journal.

The Constitution requires the following to be entered in the journal:
(1) The y eas (affit·mative votes) a nd nays (negative vote~) on any ques·
t ion, at the r equest of one-fifth of the members present {]bid.);
(2) The yeas a nd nays on the passage of a bill upon its last reading (see
Sec. 26(2].) ev en in the abs ence of a request to that effect as it is of great
importance that. such vote be recorded so that the people may know the
stand of their representatives on a particular measure;
(3 ) Such other matters which each House in its discretion m ay direct to
be so entered in the journal;
(4) The yeas nnd nays on the repass age of a bill vetoed by the President
and the names of the members of each House voting for or against (Sec.
2'7Ll].); and

(i)j The vote of each member of the House of Representatives in im-
peachment cases. (see Art. XI, Sec. 3[3].)

Matters which in the judgme nt of each H ouse affect national security
s hall als o have to be entered in the journal but they shall be excepte d fro m
publication. (Sec. 16[4 ].)

Each House shall also keep a Record ofits proceedings. (Ibid.)

Adjournment by e•ther House without
consent of the other.

During the :::;essions of Congress, either House may adjourn for not
more than three (3) days. Without the consent of the other, it cannot
adjourn f<n· a longer period or to some ot her place than that in which the
two Houses sha ll be sitting. (Sec. 16[5].)

Without the rule on adjournment, a House can delay or h old up the
work of legis lation. E very bill passed by either House has to be voted u pon
by the other before it is prescntfJd to the President for approval. (see Sees.
26[2), 27l l ].)

SEC. 17. The Senate and the House of Representatives shall
e ach 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 Memhe rs, th ree of whom sh all be Justices of

11See FiP.Id vs. Clark, 143 U.S. fH9 ; lf.5. vs. Pon.~. 24 Phil. 729.

176 TEXTBOOK OX THF. PHILIPPINE CO:>:ST!Tt..:TlON SfCS. 17-19

the Supreme Court tobe designated by the Chief.Justice, and the
t•emaining 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.

S:t<:C. 18. There shall be a Commission on Appointments
consisting ofthe President of the Senate, as exofficioChairman,
twelve Senators and twelve Members of the House of Repre-
sentatives, elected hy each House on the basis of proportional
representation from the political parties and the parties m·
organizations registeredunder theparty-listsystemrepresented
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.

SEC. 19. The Electoral Tribunals and the Commission on

Appoint.mcnt.s shall he constituted within. thirty_<l~ys after the

Senate and the House ofRepresentatives shall have been organ-

ized with the election of the President and the Speaker. 1\hc

~~m~ission on Appointmen.ts sha~l n1e~t _~t_ilir_1¥hj!~ !!l.e.J=:on-

Jrr.~~~ .!~.i~ session.La! _t~~ ~~ll-~f. i~.~-~.P.:~!!.rlla~ or~ ~!ljority of ~ll

.its..Memb.er~•.!!!._<!!_!i;_cha_!X~.~U.:ch .~~~~~-~nd functions as are
~r~!~.~-o~f~!:.t:~~-.!IP~n Jt..·--···
----------·

Electoral Tribunal in each House.

(1) Composition. constitution andjurisdidion.- An ~~1ectoral Tribu-
nal, composed of nine (9J members - three ~:)).Justices of the Supreme
Court designated hy t.he Chief ,Justice and six i6) members of the Senate or
the House of Representatives, as the case may be, chosen on the basis of
proportional representation from the political parties and t.he parties or
organizations registered under the pm·ty··list system represented therein
- i s created in each House of Congress. It ~ha1l be constituted within :30
days after the Senate and the House of Hepresentatives shall have been
organized with thf~ election of the President and the Speaker. (Sec. 19.) It
has exclusive juri~diction over all contests relating to the election, rctums
and qualifications of t.heir respective members. (sec Art. IX, C-Sec. 212].)

(2) Reason for creation. - Under the 1973 Constitution, this power
was given to the Commission on bledions. 1 It would seem inappropriate~ for

'Article Xri, C-Stwtinn 2r2) thereof.

S !:'CS. 1 i-19 AHT. VI. ·-· LEGISLA1'lV8 DgPART.MEN1' 177

'

an administrative agency. an independent constitutional body notwith-
standing, composed wholly of a ppointive members, to act as a judge of
election contests affecting elected members of no less than the legislative
organ of the State. On the other hand, it would be imprachcal to make each
House the sole judge of snch contests as this would make the procedure
unwieldy and the deliberation immersed in partisan polltics. The Electoral
Tribunals, by their composition and the method by which they arc consti -
tuted (Sec. 17.), solve the problems presented above. With a mixed mem-
bership partly tak'3n from the Supreme Court and partly from t he House
concerned, an independent bociy of sufficient stature "invested with a
m easure of judicial temper" nnd free from the cont r ol of political parties is

created to in.sure a fair and impartial determination of election contests

involving the right to legislative seats.

The system also enables Congress to concentrate on its prope1· function
which is lawmaking. rather t h<Jn spend part of its tim e adj udicating elec-
tion contt~sls.

The Commission on Appointments
in Congress.

(1 } Composition, constitution, and naturt'. --The Commission on Ap-
pointments is composed of 2:'.5 members ·- the Pre~ident of t he Senate as ex
officio chairman, 12 Senato1·s a nd 12 members of tht! H tlttse of Representa-
tives, elected by each House on the ba~i:.: of proportional tepresentation
from the political parties and the parties or organizati ons registered under
the party-list system. Like the Electoral Tribunals, the Commission on
Appointments is constituted within 30 days after the Senate and the House
of Representatives shall h ave been organized with the election of the
Senate President and Speaker. It meets only whi le Congress is in session,
at th e call of its Chairm <'ln or a maj ority of it;:. members, to discharge its
p ower s and functions. (Sec. 19. )

As created and constituted, it is a ::;.ort of joint committee of the Senate
and the House of Representatives. Cnlike an ordinary joint committee of
the two Houses, however, which has to report it!-l action to Congress for
approval or disapproval, the Commission on Appointments acts independ-
e ntly of Congress and is legally not responsible to H. Once created. it
operates as a distinct entity, legislative in composition but executive in
fun ction. 2

(2) Power or function. - The power of the Com m ission on Appoint-
men ts is to approve or disapprove appointments submitted to it by t he
President. It must act on all such appointments. by a majority vote of all

the members, within ·ao session days of Congress from their submission.

The Commission on Appointments is. in a way. the representative of

~.G. Sinco, op. cit .. p. 195 .

178 TF.XTBOOK ON THE PHILIPPINE CONSTITL1TlON Sec.-. 20-21

Congr esf:; v~sted \Vith full authority to consider the nominations made by
the President to the more important positions in the government.~

{3) Rewwn for creation. - The creation of a Commission on Appoint-
ments, which was prov.ided in the 19~5 Constitution, is based on the principle
t.hat it is best to have a deliberative body pass upon appointments to impor-
tant positions in the government. The Philippine experience in the 14 years
after the declaration of martial law in 1972 showed that on~ person cannot
cany out the job of srr~ening prospective appojntees as well, as a larger body
can. The complaint against the practice, however , u nder the 1935 Constitu-
tion was that the appointment process became highly partisan, considering
that membership ofthe Commission was drawn along party lines.

It is a good procedure to give the names of presidential nominees the
widest publicity possible before appointil"ents are finalized in order to afford
the public an opportunity to present their ol~jections to the nominees.1

;SEC. 20. The records and books of accounts of the CongrE>ss
shall be preserved and be open to the public in accordance with
law, and such hooks shall be audited_by the Commission OJl ~qdit
which shall publish annually-an itemized list of amounts paid to
and expenses incurred for each Member.

Records of Congress open to public.

Congress is enjoined by the Constitution to preserve and open its
records and books of accounts to the public. (see Art. III, Sec. 7.) Such hooks
s ha ll be audited by the Commission on Audit, which shall publish annually
an itemiz£>d list of amounts paid to and expenses incurred for each mem-
ber.' This requirement, however, is not absolute. Congress may prescribe
by law the conditions to be complied with in the exercise of the right vf
inspection of its records and books of accounts.

The con stitutional provision will limit the opportunity to misappropri-
ate public funds.

SEC. 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 publishe d rules of proce~
dure. The rights of persons appearing in or affected by such
inquiries shall be respected.

·'I bid.
4 1986 UPL Constitut.ion Proj ect., Legi;;l ~:~tive Department. pp. 28-29.

'The above provi~inn i.o; not. found in thP. 1935 Constitutiotl; ht•nce, t.he hook:> of account.:.
nfCongros.s had never been op~ned to the public. There was a strong public suspicion thnt the
members of Congrerss thcm;;elves rect:'ived most of the extrnvagtmt clerical hire and tho so-
Ct!llcd congressional allowan ce;, a.nd other mi;;cellan~~ous cxpHn.;e.s. Th is alleged practice wa:;
one of the principal reason,; for lhe e ro..::ion oft he people's confidt:>ncc in thflir Congress and,
to some llx t.ent, in the govcrnm t:nt itself.

Sec. 21 AR'r. V I. -- LEUISLAT I VB DEPARTMF.N1' 179

Power of legislative inquiry and investigation.

Section 21 authorizes each House or any of it;; committecH 1 to conduct
inquiri es (investigations ) in aid of legislation. Even in the absence of the
provision, however , Congress may exercise t.he power to investigate as it is
an essen t ial and appropria te auxiliary to the legisl<~tive function.

abseii.ce( 1) Sound legit-dation. · - A legisla tivE> body cannot legislate wisely or
cffectiv~ly ·IiiTh._e.. of informa tion respecting the conditions which

the legislation is in te nded to affect or changf); and where the legisla tive

body does not itsel f possess the req uisite information - which is not

infr equently true -· re courH: mus t. be had to others w bo do possess it. So,

some means of compulsion may be essential to obtain what is needed.

Congress has the power to punish for contempt a person •vho r efu ses to give

testimony or in formation p()rtinent to the inquiry within its jurisdiction .2

produc-es·(2) Other desirable bem~fits. - ·This incidenta l function of a legisla tive
body ·otht~ t· deH1rabie resul ts . Legislativ~ h~~arings enable the

public to inform itself on governmental problems. They can l:llso help

crystallize and influence public opinion on important issues. A law enacted

after it h a .:; been shown by facts brought out in such hearings that warrant

its inco.rporation in t he statute-hooks, enable8 the executive to enforce it

mor e effectively and the courts to apply it more wisl:!ly or correctly.:~

Scope of the power.

( 1) lii.d.t.Q_Qthfl!. ~eg.i:'>latiue fnnction.~. - The power of inquiry and inves-
tigation4 exists n ot only. to enable Congress to dii:~charge effectively its pri-
marily legislative or lawmaking functions. U likcwisP. extends to hearing-s
on other matlt~rs within its jurisdiction notably the power to impeach , to
propose amendment~, and to take disciplinary action a gainst its members.'

(2 1.L_i~tL£0.J.Jons._- In legisl ative investigations, as in the court!S of
justic~. the (:onstitutional rights (e .g., rights against sel f- incrimination.
r ight to counsel, etc.) of pcr son:s appearing in or affected by s uch inquiries
must be r espected. Each House is required to publi sh the r ules of procedure
to be followed in said inquiries for th(: guidance of any person who may be
summoned before it. Thus, the hearings must be conducted strictly in
accordance with said rules and not. dopend on the whim s and caprices of the
membe!'s of the investigating committee.

The r equirement seeks to ensure that this vital powP.r s erves only the
purpose of legit imate inq~iry. In the past Congress, this power has been
abused by some legislators hy making it an instrument of oppression.

' In order to di.stribute their work . p;1rt.ic ularly of :;tud~·ing ch(' great num ber of hills
filed, both Houses arc div ided into CommitlP.!:'s.

'lArnault vs. N<t zare no, 8 6 Ph il. 29; McGrain v><. Llrmgh~~ rty . 273 l!.8. 135.
' See V. G. Sinco, op. tit., p . 199.
' The ConstiLution speak.; of~inquiri cs" t o gather bcti' l O niu <!i ther House in its legis la-
tive function . l n fact, tbe word "in ve~tigation.. is a mi,;nomer. Jt i.~ boyond the scope (I( the
power to find probabl e cau~e or guilt r,f any P<~ l'.-;on t e:;tifying lu~fl•re it.
''Tanada >llld r'ernando. up. cit., p. 7134.

lRO TEXTBOOK ON THE I'H ILI I'l'lNF: CONSTITUTTON Si.lt'S. 22·23

SEC. 22. The h eads of d epartments may u p on their own
initiative, with the co nsent ofthe President~ or upon the req uest
of either H ouse, as the rules of each House shall provide, app ear
b efore and be heard by s uch Hou s e on a ny mat t er pertainin g to
their departments. Wr itten questions sh a ll be submitted t o the
P r esident of the Senate or the Speaker of the Hou~e of Repre·
sentatives a t least t h r ee days before their scheduled appear·
a n ce. Interpellations sh all not b e limited t o written quest ions,
but may cover matters relate d 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 execu·
tive session .

Appearance of heads of departments
before each House.

( 1) Under Section 22, heads of depart ments cannot be r equired to
a ppear before either House under pain of being decla r ed in contempt1 in
view of the separation of powers between th e legis lati ve and executive
bran ches. Th e President may prohibit t he appearance of hea ds of depart-
ments before Con gress. Note t ha t Section 22 r efe rs only to heads of depart-
ments and not to lower executive officials.

(2) They may appear u pon their own initiative with the consent of the
President, or even without the consent of the President, upon the request of
either House on any matter pertaining to their departments. Such appearance
i s useful as a device for monitoring the programs , activities, and the manage-
ment of the affa irs of the various departments particularly if the proceedings
a re a dequa tely communicated to the people wh o will be in a better p<Jsition to
evaluat e the performance of an administration as a whole.

(3-) Written questions shall be submitted t o the Sena te Preside nt or the
Spea ker of the House of Re pl'esentativ~s at least three {3) days before the
scheduled appearance of t he depa r t ment h ead concerned t.o give him time
to prepar e h is a n swers and to submit document~ in support thereof. How-
ever, the interpellations to be made may covt:r not only the written ques-
tions s ubmitte d but also matters re lated ther eto.

(.4) The proceedings s hall be open to the public like other sessions of
each House, but it sha ll be conducted in executive sessions when t he
security of t he State or public interest so require~ and the P resident so
states in writing.

SEC. 23. (1) The Congress, by a vot e 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.

'.CGlle~s willful disobedience to a la wful order of, or op<"n disrespect of, or willful
obstr uct ion of, a legi:;lative body (or a court) in the couri'll'l of exercisi ng its powe rs.

S<'C. 23 ART. VI. - LEGISLATIVE DEPARTMENT 181

(2) In times of war or other national emergency, the Con-
gress may, by law, authorize the President, for a limited period
and subject to such restrictions as it may prescribe, to exercise
powers necessary and proper to carry out a declared national
policy. lJ....nle&.s.Qoner. w.ithdra_w_n_b_y_~~~.QlJJtiQn..2Ube Conaress,
~Sh.F~wer.~ .shall ~.~.R~~..Y.~Wn. the...ne.xt.adj.ournment the&'eQ4

Power to declare existence
of a state of war.

The Constitution grants Congress the sole power to declare the extst-
ence of a state of war. The concurrence of two thirds...uf both Houses in joint
session assembled, voting Sl:lparately (not jointly) is required for the exer-
cise ofthis power. (Sec. 23[1].1 Because war directly and vitally affects all
the components of the entire n ation, it is deemed essentia l that the reApon-
sibility to make such declara tion should rest with the direct representa-
tives of the people in Congress.

While the responsibility to make the declaration rests on Congress, the
President, however, through his dealings with a forejgn country, may bring
about a state of affairs that Congr ess may be left with no alternative but to
r ecognize and declare t he existence of a state of war. The President. may
find it necessary to engage in war without waiiing for Congress t1 make a
declaration of war.

War contemplated.

The war contemplated here is ~-A~~nsive, not an aggressiv~-V{ar,
because by express constitutional provision, the Philippines renounces war
as an instrument of nationa l policy. (Art. II, Sec. 2.)

The phrase "to declare war" in the 1935 Constitution was changed to

".t.o..d.e.dare..ilie....ex.i~..oi.:w.iLf" in the 1973 Constitution which is retained

in the new Constitution except with the insertion "of a r.tate" because the
original provision in the 1935 Constitution may give the impression that
Congress can declare a war of aggression.

Delegation of emergency powers.

Section 23(2) is an exception to the rule that the Congress may not
delegate its legislative aut.hority to any other office, agency, or entity. (see
Sec. 28f2].) During grave emergencies, it may not be possible or practicable
for Congress to meet and exercise powers. To..met:t any s.uch occasion, .the

~Cog~itY:1~0..!l. ~~JLrkS_~ly_p_er.lllils .C..ongr.e.s.s. t.o_.grant Iegi sla t.i ve..puw.e.r.s. t.o. the
J:!;.esidg_Qh_~:t,I.l;>j~.t.W. certain conditions .as.fuJ.lows:

. <:!.! The emergency powers may be granted by law to the President only

tn t~mes of war (whether declared or not) or other national emergency (e.g.,
rebellion, grave economic depressionJ. It is the Congress that determines
whether there is a war or national emergency (see Art. XII, Sec. 17.);

182 TEXTBOOK ON THE PHILIPPINE CONSTITUTIOJ.\"

{1) The said powers must be exercised only during a limited paiod,
that is, for the duration of the war or other national emergency;

~) They must be exercised subject to such restdt:tions (e.g., requiring
the President to make a report to the Congress when it meets in session) as
the Congress may prescribe;

(4r They must he exercised to carry out a national policy as declared in
the law delegating the authority; and

(,5) They shall automatically cea~e upon the next adjournment (i.e.,
adjournment of the next sesgion) of Congress, unless sooner withdrawn by
resolution in view of its opinion that the emergency has ceased. This
provides a safeguard against the exercise of emergency powers by the
President even when the national emergency for which the powers were
intended no longer exists.

SEC. 24. All appropriation, revenue or tariff bills, bills au-
thorizing increase of the public debt, bills of local application,
and private bills shall originate exclusively in the House of
Representatives, but the Senate may propose Ol' concur with
amendments.

Meaning of appropriations bill.
Anappropriatfoi~S b~!l is one the primary and :';pecific aim of which is to

make appropriations of money from the public treasury. A bill of general
legislation which carries an appropriation as an incident thereto to carry
out its primary and specific purpose is not an appropriations bill.

Kinds of appropriations.
An appropriation. is an authorization made by law or other legislative

enactment, directing payment out of governmtnt funds under specified
conditions and/or for specified purposes!

Appropriations may be:
(1) Annual or general appropriations. - They set aside the annual
expenses for the general operation of the government. The general appro-
priations bill is more popularly known as the budget;
(2) Special or supplemental appropriations. -They include all appro-
priations not contained in the budget. They are designed to supplement the
general appropriations;
(3l Specific appropriation.. - One which sets aside a named sum of
mor.ey for the payment of a particular expense; and
(4) Continuing appropriation.- One which provides a definite sum to.
be always available from year to year, without the necessity of further

!Administrative Code of 19~7 (Exec. Order No. 292.J, Book VI. Ch~pter l, Section 2(ll.

Sec. 24 ART. VL. -· LEGISLATIVE llF:I'ARTME:>l'T ..-· 183

legislative action, for the purpose appr.)priated even after the original
amount shall have been fully spent. When the original amount is spent, a
like amount is automatically appropriated for the original purpose.2 The
provision of the Constitution fixing the annual salaries of <;ertain constitu-
tional officials (see Art. XVIII. Sec. 17.) operates as continuing appropria-
tions for their respective salaries. The new Charter, however, affords
Congress the necessary flexibility to adjust upwards the salaries in re-
sponse to inflation, suhjed ic limitations provided.

Section 25(7) provides for automatic rcappropriations in case offailurc
of Congress to pass the general appropriations hill for the ensuing fiscal
year.

Meaning of other bills.

(1) J1f.utm u!l.bi!l. -One the primary and !:ipecific purpose of which is to

raise revenue.

(2l T_~t.riff hill~ -- As used in the Constitution, it has r(>ference to one
imposing cu~toms duti es for revenue purpose~. A bill imposing high tariff
rates (rates of customs duty) on certain imported a rticles to protect local
industries against foreign competition (which is its primary purpose) is not
a revenue bill and, thert:lfore, not a tariff bill as contemplated by the
Constitution, although incidentally it•creates substantial revenue.

{3) .!$.ill_G_'{f_l/J9..rLz~~z_g i.nr:r.ea.£.C....Q{..11te._pu blic...d..e.bt. - One which creates

public indebtedness such as a bill providing for the i ~:->uance of bonds hnd
other forms of obligations. Such bonds are to he paid with the proceeds to
be derived from taxation and other sources of government revenue.3

(4l 8ill~al applicati(Jn. - One affecting purely local or municipal
concerns like one creating a city or municipality or changing its name.

(5) Private bill. - One affecting purely private interest, such a~ one
granting a franchise to a person or corporation, or C•impensation to a
person for damages suffered by him for which the government considers
itself liable.

Bills which must originate exclusively
in the House of Representatives.

Under Section 24 , the House of Representatiws hnz, the exclusive
authority to take the initiiltive in the presentation of the bil ls mentioned.
These measures may not originate in the Senate, but the Senate may

'1See V.G. Sinco, op. ('it .. p. 210. The Admini;.trat.ive Cod~: of 19irt defin '~" the term as
r<?.ferring "to an appropriation available to support obligations f1•r a !lpecifiAd purp<~;;e or
prvject, even when these ohliga tions are i.ncurr~d ht>~·nnd the budget year." <Bnvk VI, Chap.
J, Sec. 2(,6J.i

·'Jbtd.. p. 197.

184 TEXTBOOK 0~ 'l'H E PHT1.1f·J'L'\E \'U:\S1TI't ..fJ O;\ Sec. 25

propose amendments to them aHd refus<· t o hppro,•~,- them if their amend-
m ents a re not accepted by the- HPn!:'e of R ~ p!"e:-:e nt.a ti, · es.

It is said that the Hou ~t- of RPpre-~£'"t.?. ti v~.:- !wing thE' more popula r
branch of Congress, bE'ing c:loscr t o thE r>t->Pp}f>. an d ha ,·i ng more freq11 en t
contacts with them th an t hP S E'na l.e. shou;rl ha"t t.bf: -rri "ileg£' oftak\ng the
initiative in the proposal of rcveJnh~ a n d t.ax pro.it:-cts, the disposal of the
people's money, and the contracting of publi(: indebtedness. 'fh ese powers
of initiative in the r aising and spending ofpnblic: funds enabl(' the House of
Representatives not only to impl ement ~ut !'ven t o det e rmine t he fiscal
policies of the government. The <Jnth ority ifJ ini ti ate tariffl egislat ion makes
it a ' 'ery impo rtant instrument in moulchng forP1gn polir~· and bruiding the
direction of the industrial and economie developm ent of the nation.•

SEC. 25. (1 ) The Congress ~ay not increa.~t; the appropria-
tions recommended by the P resident for tht> operation of the
Governm e nt as specified in th e budget. The form, content, and
manner ofpreparation ofthe budget ~hall b e prescribed by law.

(2) No provision or enactment shall be embraced in the
general appro priations hill unless it rP.late~ specifi cally t.o some
particular appropriation there in. Any such provtsion or enact-
ment shall he limited in its operation to the appropriation to
which it r e lates.

(3) The proce durP in appro ving appropr·iations for the Con-
gress shall strictly follow th e proced ure for approving appro-
priations for othe r departments and agencies.

(4) A s pecial appropriations hill shall s pecify the purpose
for which it is int.ended, and shall ·he supported by funds
actually available as certified bythe National Treasurertor to be
raised by a corresponding reve nue p r oposal there in.

(5) No law shall he pas!'ed a u thor izing any transfer ofappro-
pria tions; however, the Preside nt, th~ President of the Se nate,
the Speaker of the House of R epresentative:'. the Chief Justice
of the Supreme Court, and the heads of Con$tit.utional Commis-
sions may, by law, be authorized to a ugment any item in the
general appropriations law for their respe ctive offices from
savings in other items of their r espective appropriations.

(6) Discretionary funds appropriated for particular offi·
cials shall be disbursed only for publi<: purpose s to be supported
by a ppropriate vouchers and s ubject to such guidelines as may
be prescribed by law.

qhi.d. , p . 196.

Sec. 25 ART. VI. - LEGISLATIVE DEPARTMEN1' 185

(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
ftscal year shall be deemed reenacted and shall remain in force
and effect until the general appropriations bill is passed by the
Congress.

Meaning of budget.
A ..f2udge~ is the financial program of the national government for a

designated calendar year, consisting of statements of estimated receipts
from revenues and expenditures for the calendar on which it is intended to
b e effectiYe based on the results of operations during the preceding calen-
dar year.l

It refers to the financial plan required to be prepared pursuant to
Section 16f 1), Article VIII of the Constitution.

Submission of proposed budget
by the President.

The "budget" of expenditures and sources of financing, including re-
ceipts from existing and propos~d revenue measures (see Art. VII, Sec. 22 .i
which the President has to prepare and submit to Congress is intended a:, a
guide for the latter to follow not only in fixing the amount of appropriations
but also in determining the specific governmental activities for which
public funds should be spent.2

The form, content, and manner of preparation of the budget shall be
prescr ibed by law.3 (!bid.)

Increase of appropriation recommended
by the President.

Congress may not increase the appropriations recommended by the
President for the operation of the Government as specified in the budget.

(Sec. 25[1 J.) Bein~ responsible for the proper operation of the executive

department, the President is naturally the party best qualified to know the
maximum amount that the operation of his department r equires.4

1The fiscal year fur all bra nc.)Jes, subdiv1sions, instrumentaliticR, departments. bureaus,
offices, a nd agenct P.!'. of the government, including government-owned or -.:ontrolled corpora·
tion s, is thf! period beginnil1g with t.he 31Bt d11y of ,January and end• ng with 31st day of
Decemher of each calendar year .

;rv.G. Sinro. op. cit, p. 209.
~The Admini,;t.rat.ive Code of 1987 (Exec. Order No. 292.1. in Book VI thereof, governs
national gMArnmPnt budgeting, more specifically: budget policy an d ~pproach, preparation,
authori za t i<m, execution and accountability, and expenditure of expropri!lted funds. Th<>
budget is prepar~>d by the Department of Budget and Mana~ement.
•V.G . Sinco, up. cit., p. 209.

186 TEXTBOOK Oi'.' THE PHILIPP TNI-: COI.'\STTTV1'l0~ Sec. 2:>

Neither can Congn·Rs in crease its outlay and that for the j udiciary a\Hl
t.he constitutional bodies in the propos<"d budgPt on the theory t hat the t·e i!'
already a consensus tm the amounts needed by them when th<l proposed
budget i:-; being prepared. With respect to the j uditiary, it.s appropriation:.;
may n ot be reduced by Congrt•sio: below the a mount a ppropriated for l he
previous year. tArt.. Vlii, Sec. 3. ) ln the cal'~ of C0ngress, having t.he
authority ov~r the appropriation::; itself, tht~ limitation i~ n ecessary as a
check against its abuse.

Prohibition against riders.

The m ai n object of the rest.rictions in Section 25(2 l is tn do away with
what. are called riders. (sec Set:. 2611J. l

A~ is a provision or enact ment. im;erted in tht! general a ppropria-
tions hill which does not relate to some particular appropriation therein. A
provision, for instanec, in the general appropriations law "prohibiting
governm ent officers and ~rnployees to do private \·vork" or refer1·ing to the
''calling to active duty and the rcver~ion t.o inactive status of reser ve
officers"s is a rider as it has no direct con,lection wit.h any definite item of
appropriation in thC' law. Such provision shall be of no ee·ect. In h~gal
contemplation, it i~ as though it has never been passed.

The objective of the Constitution is not only to prE!vent the general
appropriations bill from being u~ect as a vehicie which controversial legis-
lative m atter s may be enat:ted int.'> law \':ithout due ron~ideration, but also
to facilitate the enactment of s uch an im portant. lfnv t hat will set t he
government machinery in motion.t\

Any provision or enactment. in the general appropriations bill shall be
limited in its operation to the appropriativn to which it relates. iSec. 25l21. J

Procedure in approving appropriations.

The Const.itution .requires a stand~rd procedure in approving appro-
priations. The procedure adopted for approving appropriations for other
departments and agencies shall be followed $trictly i11 <lpprovlng appro-

priations tor Congress. tSec. 25f:3l.) This provide$ a safeguard against the

abuse or misul:>e by Congress of its pow(~r to appropriate.

Under the 1935 Conl';titution, the appropdations for both h ouses of
Congress, unlike in the case of Lhe budgets of other government agencies,
were not deliberated upon in opr:>n session.

'{.Tar~:i a v:;. M n~.a. L-a::nt3, Ju ly :30 , 197f).

"DP.l. II. Mendoza , "Tht:! New Bud)(to tarf P rovisi•ml:l." in C. H. Mont.cjo. "The N!!w Con;;ti·
tution" ( 19731, p. 1.23.

Sec. 25 ART. VI. - LEGISLATIVE DEPARTMENT 187

Requirements with respect to special
appropriations bill.

The Constitution requires that:

\l) It should specify the purpose for which it is intended; and
(~) It should be supported by funds actually available as certified to by
the National Treasurer or to be raised by a corresponding revenue proposal
included therein. (Sec. 25r41. )

The restrict ions are intended to put an end to the legislative practice
under th e 1935 Constitution of passing appropriations bills without the
corresponding funds.

Requirement to insure a balanced budget.

The Constitution requires that the level of expenditures must be within
the level of the revenues expected to be raised from existing and proposed
revenue measures (Sec. 25[4]; see Art. VII, Sec. 22. ) to prevent deficit
spending.

In the old Congress, some members indulged in the practice of intro-
ducing or advocating legislation for additional expenditures (e.g., subsi-
dies, salary increases, etc.) while at the same time opposing measures that
would raise revenues to finance the additional expenditures that they
themselves proposed. This inconsistency is no longer possible under the
new Constitution which expressly requires that the appropriation propos-
als must be accompanied by certification of actual fund availability or
corresponding revenue-raising measures.

Prohibition against transfer of funds.

The Constitution prohibits t he enactment of any law authorizing any
transfer of appropriations from one branch to another. (Sec. 25[5].) The
provision. is aimed at stopping th e practice in the past of giving the Presi-
dent authority to transfer funds from one department to another or under
one appropriation law to another, which in effect invested him with the
legislative power to appropriate, thereby providing a loophole for violations
of the appropriations act. The prohibition plugs this loophole.

However, the President, the Senate President, the Speaker, the Chief
Justice of the Supreme Court, and the heads ofthe Constitutional Commis-
sions may be authorized by law to augment any item in the general
appropriations law for.their r espective offices from savings in other items
of their respective appropriations. (]bid.)

Rule as to discretionary funds.

Congress may appropriate funds (e.g., intelligence funds) for certain
operations or activities of the government to be disbursed at the discretion
of particular officials. This is allowed when it is not possible to determine

188 TEX'l'BOOK ON THE PHILIPPINE CONSTITUTION Sec. 26

beforehand when the expend itures have to be made, the exact a mounts
needed, and the specific u::;e thereof. Or when, for reasons of national
security, such expenditures are classified or forbidden to be disclosed to the
public by law or administrative regulations.

As a safequard against illegal, unnecessary, and extravagant disburse-
ments, or misappropriations by officials authorized to spend such funds,
the Constitution imposes the following conditions:

( l) The disbursement must be only for public purposes;

(2) It must be supported by a ppropriate vouchers; and

( 3 ) It must be subject to s uch guidelines as may be pres cribed by law.

(Sec. 25[6J.)

Automatic reappropriation.

In case of failure of Congress to pass the general appropriations bill for
the ensuing fiscal year , t.he general appropriations law for t he preceding
fi scal year sh all be deemed re-enacted. It shall remain in force and effect
until the general appropriations bill is passed by Congress. (Sec. 25f7].)
This provision is not found in the 1935 Constitution.

It is evident that the consequenc~s of failure, voluntary or otherwise,
on the part of Congress to enact a general appropriations law for lhe
operations of th e government are serious; and so the wisdom of a constitu-
tional provision for the automatic reapprop ri ation of the same a mounts
appropriated for t h e preceding fiscal year is beyond question.;

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

(2) No bill passed by either House shall become a law unless
it has passed three readings on separate days, and printed
copies t h ereof in its final form have b(:'len distributed to its
Members t hree days before its passage, except when the Presi-
dent certifies to the necessity of its immediate enactment to
meet a public calamity oremergency. Upon the last reading ofa
bill, no amendment thereto shall be allowed, and the vote thereon
shall be taken immediately thereafter, and the yeas and nays
ente1·ed in th~ Journal.

Lhnit~tic:>n_~ Q~.!f:tE!..R~~~r.Q!..£!?_'!9~ess.

The legisla tive power is not without. limitations. Such limitations may
be classified into:

(1) tS.u.b.s.tant.i.IJ.&.. -Th ey refer to the subject matter of legislation, and

they may b~:

'See Buck, The Budget in Gover nment of Today, p. 219.

AH.'l'. VI - LEGISLATIVE DEPARTMENT 189

(a)J.....11JJ2(£1!1-.J.f:!.nit[_tJ.!!?.!!:..f!.: ·- They do n ot arise from any specifi c
provision of the Constitution but a re inferred from the nature and
character of our government, such as the prohibitions against the
delegation of the power to make laws and the passage of irrep~alable
laws;

{b) .§E.eE.iJ!£. l~m i!:_atioiJ§.~'!:. generql_legi§_Lgjive poulfu:s. - They re-
strict t he field oflegislation in general and they a re mainly found in the
Bill of Rights; and

(c) ~.l!.®£_lj_mit(1t.~Q1J.ti..!>!J_~~<,!ifie p_(J.ll!.?f F§.: - They are scattered in
different parts of the Constitution. Thus, on the power to tax, the rule
of taxation must be uniform a nd equitable; on t he power to appropriate,
public funds must not he a ppropriated to religious purpose; on the
power to declare the existence of a state of war, the concurrence of two-
thirds of all the members of Congress must be obtained, etc. ; and

(2) £ Q!'.1!1JJ1. - Th ey refer to the procedural requirements to be com-
plied with by Congress in the passage of bills and the form and content of
the same. Examples of such limitations are found in Sections 26 and 27{1).

Prohibition against delegation of legislative
powers.

One of the settled maxims of constitutional law is that one department
of the government may not delegate to another department or t o any other
body the powers entrusted to it by the Constitution. Thus, Congress is
prohibited from delegating its legislative powers. In the a bsence of this
rule, the principle of separation of powers can h ardly exist.

The rule of non-delegability of legislative power, however, is not abso-
lule. It does not apply:

(1) ~h~.r~ tb~. 4.e.legatiQtL~~ ..~J:i:I!T~~l.Y..autlwriz~d_.by_ . the..Gons.tit ution..

(see Sees. 23[2 1. 28l2] supra. ); a nd

( 2) ~-~!.~ ~P.!: ci~~~_g~t0.t;.}.~"!lla.9.~.~())9~~! ~~!!!Oe~k~· (Art. XI , Sec. 5. J
This exception is logical for , after all, municipal corporations are merely
instrumentaliti<!s of the State for the better administration of the govern·
ment in matters of local concern.1

Prohibition against the enadment
of irrepealable laws.

(1) &s.e.Jl.C.£. cif..1£.1li§.l_q_tJJl.~..J29..?1!e r,._ - Legislative power is the authority to
make laws as well as to alter and repeal them. The continuous making of
laws - new laws as well as those that a mend, alter. or repeal existing ones
- is the very essence of legislative power. The legislative prerogative to

•u.s. vs. New Orlean.:,;, 9H U .S. 381.

190 TEXTBOOK ON THE PHILIPPINE CON~TITUTIOK

pass laws cannot be curtailed; otherwise, time m ay come when succeeding
legis lative bodies will have nothing more to do because the entire field of
legislation has been completely exhausted through the enactment of per-
manent legislation.

(2 ) Can.se_q !lences to public welfare if laws irrepealable. - Further-

more, injurious -conseq U:ence·s- ·to. th·e· couii·t;y.:.·y;.-~·uid··;:-e·s~iTtif legislation

passed by the lawmaking body assumes a permanent character. The policy
of the state would become fixed and unchangeable on great n a tional inter-
est in spite of cha nged conditions arid times. Laws enacted seve ral decades
ago for a pa rticula r need may no longer be beneficial today. If th ey cannot
be replaced, they will retard, if not destroy, the public welfare.2

Requirements as to subject and title
of bills.

A proposed law is called aJllJ:b. The Constitution requires that ~_x_bill

p.a.s.s&i..hy . C.ongr.e.s.a...shall .emhr~~-QJ.U.L.Q...n.JLS_\!'!Jj~.<:~ .!YP.i~.h...J!hall M-~~=
P.r.f.ll.~ ~.cJjn~th.eJitk..t~of. (Sec. 26(1]. ) The purpos es of t he constitution a l
requirement are:

CJ-) To prevent hodge-podge or jog-rolling legislation;

(~) To prevent surpr ise or fraud upon the legislature; and
(.3) To fairly a ppri se the people , through such publications of legisla-
tive ·proceedings as is usually made, of the subjects of legisla tion that are
being considered, in order that they may have opportunity of being heard
t hereon by petition or otherwise, if they shall so desire.3

Meaning of hodge-podge or log-rolling
legislation.

li.odge:Jl.odge 9Li9ll.:[email protected] (i.e., omnibus bill) refers to any
measure containing several subjects on unrelated m atters combined to-
gether for the purpose of securing the support of members of the legislature
severally interested in the different subjects of the bills.

If these subjects were to be presented in separate bills, the likelihood is
that none of them might obtain a m ajority vote.~

Effect of violation of requirement.

The constitutional provision prohibits the passage of two classes of
bills, to wit:

( l) A bill containing provisions (riders) not fairly embraced in its title
or r elated to its subject matter (see Sec. 25(2].); and

"Sec Bloomer vs. Stailey, 5 McLean, 15S F~d. Cas.
3Cooley, op . cit.. p. 172.

•v.G. Sinco, op. r.it., p. 225.

s(~(·. 2G ART. VI. - LE GISLATtVE D KPA Hl'MEl\"T 191

~) A bill wh)~~h ~·m?odi.us di/(crr.nt :mbjt·cts notwithstanding that a ll of
the m are expressed m 1ts tith .

.In the fi r s t ca::;e. t ht' b ill i t: •·a lid except th~! provi::-;ion:; n ot fairly
e mbr aced i n th e ti tle. In the second ca ::;e . the whole a ct is void .

el c:_c.eptions. tQ.th~..reQY.imment.

It does not a pply to:

(•.l) Local ord inances as they do not partake of the nature of la ws but
Rr e mer e rules provid ed for the fu lfi llment of laws;~ and

(2 ) Propel' cod1f1cat ion s a nd revis ions of st atut es . T h us. a l aw wit h t he
titl e "An Act to Orda in a n d Jm;t it ute th e Ci vil Code of the Philippines" or
with the title "An Act Amending the Ci vi I Code of the Philippine8" is valid
a lthough it may contain httndred s of different m a tters, for the very de-
nomination '·Code'' i~ sufficient to p ut the members of the legislature and
the people on tlH~ i r g uard.0

Steps in the passage of a bill.

~~J). Fzn;t R!!ad ing. - Any m E:!mher l)f eithe r Hou1:1e may p r.e::~c nt a
p roposed bill ( R<.>e Sec:. 24.1. sip,n!":l by him. fo1· First Re<tding and r efer ence
to the proper committee. Tiw bill. is f1kd w !th thP- Office of the Secre tary
-.vher e it is given a corresponding n umber and calend<1rcd for first r eading.
During t he .1-' ir st Read ing. t he prin ci p;;;i author of t h e bill may propose the
i nclus ion of addi tion al aut hors t h ereof. T h t.• bill is read by its number a n d
t1tlc a nd the name/ names of the a uthor or authors ;

(2VRe{erral to a ppropriate committee. -- Imm ed iately aftt!r th e F irst
Reading, the bi'!l ..i::; referred to the proper Cllmmitt('e or coromitteeg for
~> tu dy and con:-;id(!ration. It m ay conduct hee~rin gs a n d consultati9n m eet-

ings. It then appr·oves t he hill with or with out amen d ments or r ecommends
!:iUbstiLu tion or consolidat ion with simi la r bill s fi led . If disapproved itct h e
committee, t he bill d ies a natured d<ia th unless the Hous e d ecides otherwise
following the s u bmi::;sion of th e rt:! port;

t01 Secund Reading.- If th e committt~f! reports the bj]J favora bly, the

bill is fnrwarded to the Committet~ ()ll Rules so that it can be calenda red for

d eli b~~ration on Second Readin g. At th is Rtagt' , t.he bill is r ead for the

secon d t ime in it~ ~ntin~ty t.oget hP-r with t h e amen d ments, if a ny, proposed

by the commi ttP~: unless t h e r eading 1s di :;;pcn~ ed with by a majorit y vote of

the House; ·

(4l/Debat es. -- t-\ g<meral deba te i!". then opened a fter the Second Read-
ing a~d sponsor~hip spt.!Hch of the a uthor of tlw bill . Amendments may be
proposed by any me mber of Congr ess. The insertion of changes or a mend-

'•U.::<. v~ . F.spititu S <1 nfo. :~2 Phi l. Gl(l.
"See Ignacio v,;. L' r<J v. Hoard. :Hl Phil . 9~ 1 : P!'ople v~. Buc nviaj e , 47 Phil. ~:36.

l92 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 26

ments shall be done in accordance with the rules of either House. The
Houge may either "kill" or pass the bill. A bill approved on Second Reading
s hall be included in the calendar of bills for Third Reading;

(5j Printing and distribution. - After approval of the b1ll on Second
Reading, t he bill is then ordered prin~ed in its final form or version and
copies of it are distributed among the members of the House three d ays
before its passage except in case of bill s certified by the President (Sec.
26[21. );

(6) Third Reading.- At this stcge, only the title of the bill is read on
the floor: Nominal voting is held. Upon the last reading of a bill. no
a mendment thereto is allowed and the vote thereon is taken immediately
thereafter, and yeas and nays entered in the journal. (Ibid. ; see Sec. 16[41.}
A member may abstain. As a rule, a majority of the members constituting a
quorum 1s sufficient to pass a bill;

(7} Referral to the f"Jther House. - If approved, the bill is then referred
to t he other House where substantially the same procedure takes place. If
the other House approved the bill without changes or amendments, the
final version is signed by the Senate President and the Speaker of the
House of Representatives.

t8) Submission to joint bicameral committee. - Differences. if any,
between the House's bill and the Senate's amended version, and uice ven:a
are submitted to a conference committee of members of both Houses fo r
compromise or to reconcile conflicting provisions. If either Ho .1se accepts
the changes made by the other, no compromise is necessary; and

(9! Submission to the President. - A bill approved on Third Reading by
both Houses shall be printed and forthwith transmitted to the President
for his action - approval or disapproval that is, he either signs it into law
or vetoes and sends it back with his veto message. If the President does not
communicate his veto of any bill to the House where it originate-d within 30
days from receipt thereof, it shall become a law as if he signed it. Bills
repas~;ed by Congress over the veto of the President a utomatica11y becomes
a law. (Sec. 27(1].)

Purpose of provision requiring three
readings of bill.

Note that t he three readings of a bill must take place on separate days
-- not in one day. (Sec. 26[2].) The purpose is to prevent hasty and improvi -
dent legislation and the railroading of bills, and ·to compel the car-eful
examination of proposed laws or, at least, the affording of the opportunity
for that purpose. 7

In the past, railroading of bills made possible the adoption of volumi-
nous measures without the benefit of discussion and public information
because, oftentimes, the three readings were done in one singte day.

~sec Cooley, op. cit., p. 286.

Sec. 2'7 A.~ r '. L -- ~ ECIS L:\ riVE DEP,\R'f:\fENT 193

Certification of bills by the President.

The Consti tution prOIJde,; that "no btll pa.s~ed by either House .shall
become a law unlc~s it !-las pclf.>::.t;!d three read ingl:i on separate day::;, and
printed COpieS th e r ~•of iTJ. It:; fiuaJ fOftu have been UiStributed to the ffif·m-
bers three day~ bef<.:re it.::. pllSsage .''

Th!=~Jf.S~.P.ti!.m t u ~li_eJ!.\LQ.~g r~~Win:n1~nt it) ~--"'.th~J:L~.h~__?resident ~er.tifies
to t}le n.~£~~?.sity _of i.EL u_nr!wdi<it~...~. Q~.<: tm_eu.t.19 .ID.~~.La._public calami ty o.t:
.emerg.en.c:y;' !_Sec. l612}. • With thi.s proviaion, a certification may be issued
to a bill only ~ Jw:et a..IJ.u!Jl~~---~-(~i'I.rnitv ol:.gmerg_~.Y- It aims to put a stop to
the practice of tne xnb~r~ of the !.~: ,i Con gress under the 1935 Constitut ion to
get from t.he Pr esid~n l Ct.'rt.l!~ t at.i 1H1 uf their biHs fo r po litical convenience .
This practice m a tl ~ po~~;:;d:: !!:' tht) t~ aa dment ·.;flaws without sutiicient de-
bate and the b11ving ol tq:-- ~:non ty to \ns1gr.iticant bllls over more important
ones by the .simple lad •)f l?n~i>id.ent1a l -:ertlft{:ation.

Purpose of requirement that yeas and nays
be entered in the journal.

It is a lso pru\o' ide d in tiw Ct)H~tit uti<al that on the final passage of every
bill, the ~yea$ and nays Lcihall be] e ntl:'red ia the Journal." (Sec. 26[2) .j This
means that the rt.l ll of t~un~n.:ss ~ hail be ealled and each member present
and answering tu hi:' n<lmt=: .shdi :-:ay ·'yea" or "nay" on the question of the
passage Gf the b1ll.

This provision il:l c1>nsidered m andatory . It is intended to fix upon each
membBr the respon:'ith ility for his a ction in legislation, and also to furnish
conclusive evidence whether the 'bill has been passed by the requisite
majority or not.'

SEC . 27. (1) Every b ill passe d b y the Congress shall, before it
becomes a law , be present~d to t h e President. Ifhe approves t he
same, he shall ~; ign it; oth~r-wise, 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 procee d to
reconsider it.l.f, after su(.'h r·econsideration, two-thirds of all the
Memhers of s uch House ~hall agree to pass the bill, it shall be
sent, together with the objt>t~tions, to the other House by which
it shall likewise be r~<.~onsidered.. 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 b e determined byyeWJ
or nays, and the names uf the Members voting f()r or against shaU
be entered in its Journal. The President shall communicate his
veto of any bill to the House w h e.re it originated within thirty

-~cooley, op . c1r. .. ~P- :.wv-~:n.

19-l T EXTBOOK 0~ TH~~ PH ll.I PP lXE CONS1'lTIJTIO~ Sec. 27

d.ays after th e date of receipt t h ereof; otherwise, it shall become
a law as if h e had signed it.

{2) The Pt·e side nt shall have t h e powe r to veto any particu-
lar item or ite ms in an appropriation, revenue, or tariff bill, but
the veto shall not affect the item or items to which he does not
object.

Meaning of bill.

A pill is a draft of a la.w submitted to the consideration of a legislativE!

body for its a doption. •

Meaning of statute.

A $_taty.,ft is the writien will of the legislature a s a n organized body
expre~sed according to the form necessary to cons titute it into a law of th e
state, and rendere d aut hentic hy cer tai n prescribed forms a nd solemni-
t'ies.:t

The term "act" is often used in referring to a statute.

How statutes identified.

Statutes pas::;ed by the former Congr ess are, for purposes of formal
refere nce, denom inated as· a cts . They are identifie d by their serial numbt:~rs
(e.g., Republic :\ct No. :~86;. Where a specia l title is supplied fo r a particu-
lar statute (e.g., "Civil Code of t.hH Phili ppine:'~ "), such title may a lso be
used fo r ide ntifica tion.

Statutes enacted by t he former Batasang Pambansa are also identified
by th eir Rerial num bers (e.g.. Bata:) Pambansa Blg. 25 ).

Formal parts of a law.

The formal parts of a statu te (or bill) are the following:

(]) .:JJ'J.l~:. ··-It announce:-; the subject matter of the act. (see Sec. 271.11.

supr a .) Thus, Republic Act No. 386 h as for its title, ·'An Act to Ordain and
Institute the Civil Code of the Phil ippincH ." Laws en acted by the former
Batasang Pambansa are e nt itled in a si m ilar manner . Thm>, Batas
Pambansa Blg. 25 gives a s its title, "An Act Regula tin g Rentals of Dwelling
Units or of Land on which Another's Dwelling i:-; Located and for Other
P u r p o s e s" ;

(2 } fLtt.Jl.!!J:.Q.k . ·- It follow!:! t he tit le an d precedes tbe e nacting cla use. It

is a sort of introduction or preface of a law. The purpose of the preamble is
to explain the reasons for the enactment of a law :-:~ nd the object::; sought to
be attained. It is not considered pa rt of t.he s ubstance of t he law. The

1Bouvi er.'s Law Dictionary.
250 Am. Jur. t5.

Sec. 27 ART. VI.- LEGiSLATIVE DEPARTMENT 195

Constitution does not contain any specific provision requiring the use of a
preamble in any legislative enactment;

(3)_/t..!.]._g.cling cl_gu.s.e. - It immediately precedes t he body of the statute
and it serves as a formal means of identifying the legislative body that
enacts the law. Republic Act No. 386 has for its enacting clause, "Be it
.enacted by the Se nate and House of Representatives of the Philippines in
Congress Assembled." In the case of the Batasang Pambansa, the enacting
clause is as follows: "Be it enacted by the Batasang Pambansa, in session
assembled." The Constitution does not also require the use of an enacting
clause in bills enacted into law;

(4 ) Body. - It is that portion containing t he proposed l aw or statute
itself; and

(5) .§ff'e.c!!!!J~y ~l(ll~Sf· - I t is that portion providing for the time when
the law shall take effect. A law takes effect 15 days following the comple-
tion of its publica tion in the Official Gazette (which is the official publica-
t ion of the Philippine government) or in a newspaper of general circulation
in t he Phil ippines, unless it is otherwise provided,3 e.g., a date is fixed for
its effec ti vity.

When bill_Ql~~ beco~TI_e. ~JC!W.

A bill passed by Congress may become a law in any of the following
ways:

ii i When the President approves the bill by signing it;

($) When he vetoes the bill and retu.i.·ns the same with his obj ections to
the House where it originated , and the same is repassed over his veto by a

vote of tw.D-t:hiul§__Q[ alLthe ~mbe~ (not merely two-thirds of al l the

members present constituting a quorum) of both Houses; and

(.S ) If the President does not commu nicate his veto of any bill to the
House where it originated within thirty (30) days after the date of receipt
thereof, in which case it s hall become a law as if he had signed it. (Sec.
27Lll.J

~ O.JJ.lY J;U;iwle ._millQr.ity_Qf___C..9n.zr~~~-i.Lri'Jl!!ir.~d..l.n...fJnactjQg_g.r~!i!!~ry

J..a)\'._s.:.j:see Sees. 16[2], 23, 28[4]; Art. VII, Sec. 21.J
/fh~ ~ign.atJ.l.U...oi..kM..P resid.eru llLD.!li.necessar}:..ia...enada law when the

..{l~QP!e by vjr_~u.e qf tb~ir~Y.e.d..gp;v ers~re.c.tly .uarticipat.e_in....the.legi sl a­

..t.i.Y.e P.I'QGeSS by i n.1ti.~ti.Y_e ."§I.J._d._r ef~r~n.dP._m,\(Sec. 32. )

Veto power of the President.

The wor~ is the Latin term for "I forbid" or "deny." It is the power
vested in the President to disapprove acts passed by Congress. The veto

'3Executive Ordc:r No. 200 iJune 18, I~H7 J .

J96 TEX'l'l:lOOK ON THE PHJLIPP.INE CONSTITC'l'TON Sec. 27

message to the Hous e whe re t he bill origi nated ~xplains h is objections to
the bilL (Sec. 27l11.)

Purpose of veto.

Two fundamental reas.:>ns have been given to the gra nt of the veto
power to the President, to wit:

;;;n To enable the executive depa rtment to p rotect its integrity as an

equal br a r.ch of the government and thus m aintain an equilibrium of
governmental powers; and

(2i To provide a check on hasty, corrupt, or ill-considered legislation.4

/

Pocket veto not allowed.

Under the Constitution, the P resident does not have the so-called
PD.cli&J.IldQ..J2QI£J2', i.e. , disapproval of a bill by ina ction on his part. The
fai lure of the Presi dent t? communicate his veto of a ny bill presented to
him within 30 days after the date of receipt thereof automatically causes
the bill t o become a law. (Sec. 27[1].)

The rule corrects t he Presidential practice under the 1935 Constitution
of releasing ve to m essages long after he should have acted on the bill . It
also avoids uncer tainty as to what new laws are in force.

When partial veto allowed.

As a genera l rul e, the President may not veto a bill in. pa rt and approve
it in part. Th e exception is provided in pa r agra ph (2) of Section 27 which
gra nts the President the power to veto any particular item or items in an
appropri ation, revenue, or tariff bilL (see Sec. 25.) The veto in such case
shall not affect the item or items to which he does not object.

Without the exception , the entire appropria tion or r evenue meas ure
would be nullified simply becaus~ the President disapproves even one
particul a r item th erein , and this might adversely affect the operations of
the government if no funds are available or taxes cannot be collected .6

The item or items vetoe d may be repassed ove r the veto of the President
in the same manner as ordinary bills. The vetoed items shall simply be not
given effect.

Meaning of resolution.

Enactments of t he la wmaking body .r11ay al so he made in the form of
res olutions. A_ resolutia~ has been defined as a fo rm al expression of opin-
ion, will, or intent by an official body or assembled group.6•

' See People vs . Councilmen of Buffalo, 20 N .Y. Sup. 51 , cited in V.G . Sinco, p. 287.
~Del. V. C. YAncha, "l'he P ll rl iam!lnt." in C. R. Montcj t\ supra ., p. 121.
6Webater's Th ird New l.ntcrn atiomt l Dictionary , 1976 ed.

Sec. 28 ART. Vl.- LEGiSLATIVE DEPA.RTMF;NT 197

Use of resolutions.

(1} Resolutions are employf\d with respect to matters within the exclu-
sive ·authority of the lawmaking body and do not, t herefore, require the
a pproval of the President for their effect.i,·ity. Thus, the rules of procedure
of a lawmaking body, orders imposing some penalty upon any of its mem-
bers, or proposals for constitutional amendments would be embodied in
resolutions.

(~) They are a lso used when a lawmaking body expresses an attitude or
opinion. Thus, resolutions would be proper in expressing condolences on
the death of a member or of a high government official, or in declaring its
opinion on important national questions.

C3') Under Section 28(2) (supra.), the power to fix tariff rates, etc.
dele'gated to the President m ay be withdrawn by the lawmaking body by
means of resolution.

Kinds of resolutions.

A resolution may he:

(1) simpft if passed by either House for its excl usive use or purpose;

(2) .cQll.Clll'J.QJJ, if passed independently in one House and ratified by
the other in the same manner as a bill; and

(3 )~t.. if approved by both Houses meeting in joint session but voting
S13parately (e.g ., oue proposing a mendmen ts to the Constitution).

There is no provision in the Constitution requiring thB approval by the
President of any kind of resolution.

SEC. 28. (1) The rule oftaxation shall b e unifonn and e quita-
ble. The Congress shall evolve a progressive system oftaxation.

(2) The Congress m ay, 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 e xport
quotas, tonnage and wharfage dues, and other duties or imposts
within the framowork of the national deve lopment program of
the Government.

(3) Ch aritable ·institutions, churc h es a nd parsonages or
convents appurt'>..nant thereto, mosques, nonprofit cemeter ie'i,
and all lands, buildings, and improvements, actually, directly,
and exclusively used for religious, charitable, or educatio nal
purposes sh a ll be exempt from taxation.

(4) No la w granting any tax e xemption shall be passed
without the concurrence of a majority of a ll the Members of the
Congress.

198 TEXTBOOK ON THE PHILIPPI NE CONSTITUTiON Sec. 28

Uniformity in taxation.

U.l1if.(u:mity in fu.;r.aJ.iQT!- means that ''all taxable articles or properties of
the same class sha ll be taxed a t the sam e rate."1 Diffe rent articles (or other
subjects, like transactions, business, rights, etc.i may, therefore, be taxed
:1t different rates or amounts provided that the rate (not necessarily the
amount) is the same on the same class everywhere.2

Uniformity implies equality in burden, not equality in amount. Thus:

}1'> A tax of P2 .00 per square meter or fraction thereof imposed on

every billboard or sign anywhere in thE7. country was held valid as against
the contention that it was void for 1ack of uniformity.3

(2) There is no violation where those with different incomes are made
to pay different rates of tax because in this case, the incomes are consid-
ered as belonging to different classes.

(.3) All residential houses, regardless of their assessed value, may be
considered for p urposes of taxation as belonging to one class (i.e., residen-
tial property) and made s ubject to the same tax rate (e.g., 2.5% of assessed
value) but different amounts of tax depending on their value. The law,
however, may validly further classify such property according to their
assessed value a nd levy different rates, and consequently, different amounts
of tax on the basis vf such value.

The reason for the rule of uniformity in taxation is that not all pN~'(' :l".
properties, or transactions are identical or similarly situated. The cla,.;cl ifi-
cati.on of the subjects of taxation must be based on reasonable and substan-
tial grounds. An arbitrary classificati on will offend the guarantee of"equal
protection of the laws." (see Art. III, Sec. 1, supra.)

Equity in taxation.

Aside from the requirement that the rule of taxation shall be uniform,
the Constitu tion also mandates that it shall be equitable. (Sec. 28lll. )
Uniformity in taxation is effected through the apportionment of the tax
burden among the taxpayers which under the Constitution must be equita-
ble. To be sure, a tax law m ay prescribe a uniform rule of taxation and yet
it may b~ inequitable a s where the r~tes of tax are excessive or confisca-
tory.

The concept of equity in taxation requires that such apportionment be
more or less just in the hght of the taxpayer's ability to shoulder the tax
burden (usually measured in terms of the size of wealth or property and
income, gross or ne tj and if warrante d (in certain cases, like the tax on
gasoline), on the basis of the benefits he r eceives from the government.

:Tan Kim v~. C.T.A., L-18080, April 22, 196:3.

~oe Villt~ ta v~. Stanley. 32 Ph il. 51 1.

achurchill v~. Concepcion, 110 Phil. 3:n.

AR1'. VI.···· LlWlSJ.A'J'IVE DEPARTl\H:NT 199

Progressive system ot taxation.

To achieve the equHy objective in taxation, the Constitution enJoms
Congress to "evolve a progressive syst"::!m of taxation." This means that tax
laws shall place more emphasi s on direct (e.g., income, donor's, and estate
taxe~) rather than on indirect t a xes (e.g., customs duties and value-added
taxes which the taxpayer can recover from the consumer by adding the
same to the price), with ability to pay as the main criterion.

The individual income tax provides the best example of a direct and
progressive tax. The rate of the tax increases as the tax base or bracket
(amount of income) increases.

Delegation of taxing power to fix tariff
rates, etc.

By express p•·ovision of the Constitution, Congress is authorized to
delegate to the Pre~ident its power to fix within specified limits tariff rates,
import and export quotas, tonnage and wharfage dues,4 and other duties or
imposts. The aut hority so granted is, however, subject to such limitations
and restrictions as the Congress may seem wise to impose because Con-
gress is prohibited from abdicating its lawmaking power over the subjects
mentioned. For in:-;tancc, the de legation of power must specify the mini-
mum as well as th~ maximum tariffs. Furthermore, the authority given to
the President mt1st be cxe!'cised within the framework of the national
development program of' the government. (Sec. 28[21.)

The above is another exce ption to the rule against the delegation of
legislative pow er. (see Sec. 2:3f21.)

Exemption of certain entities and properties
from property taxes.

Section 28(3 ) pro\'tdes that the institutions and properties mentioneci
therein shall be exempt from taxation. Other exemptions are provided by
statutes, but in those cases, they may be withdrawn.

The exemption covers only property taxes and not other taxt>s.'" The test
of the exemption is the use of the property and not owner!>hip. Thus, a
property leased by the owner to another who uses it "actuaJiy, directly, and
exclusively" for religious, charitable or educational purpose is exempt from
property tax but. t he owner is subject to income tax. eYen if the income is

'Tottnnge du(!.~ ~arl'! th<l amounts paid by the owner, ngent. o;w rato•· or master of a ve~sel
engaged in'i'Oi·eign t.r::scle •m the net tonnage oft.he ve,;,;cl or we ig ht of the articles dhlcharged
<>r l<Hlfm. IS<:c. 3201 , 'f,l riff and Cu~toms Code.)

Wlu.u./JJJ;£..du..c:; are the amount~?..<l!ili~.lll:led .agai ns t the car,:::o of a ves!>el engaged in foreign
or coa:;twise trade based (rn the quality , weight or m~·a .:;ure receiYecl and!or di scha rged by

s uch ves.;;cl. !Sec. 2801, Ibid.)

"Ladoc vs. Comm., L-19201, June 16 . HHi;)

200 TEXTBOOK ON THE PHILlPP tNE CONSTITl;TION Sec. 29

used or devote d by him or another fo r religiou:;, ch aritable or educational
p u rposes .

Note that with res pect to cemeteries, only those which are non·pr ofit
are exempt from taxation.

All revenues and assets of non-stock, non-profit educational institu -
tions used a ctually, directly, and excl usively fo r educational purposes are
exempt fr om pr operty a nd income taxes and customs duties. Proprieta ry
educational institutions including those cooperatively·owned may li ke wise
be entitled to such exem ptions subject to such limitations provided by law,
including r estrictions on dividends and provisions for investmen ts. Grants
and donation s used actually, directly, and exelusively for educational pur-
poses are also exempt from tax l:lubject to conditions prescribed by law.
tArt. XIV, Sec. 4l3 , 4].)

Votes required for grant of tax exemption.

The Constitution requires the concu rrence of a ..!!J!lli>ri!Y.JJ.LillLlh&_
lll2rn.berJ> of Congress to pa ss a law granti ng an y tax exem ption (Sec. 28[4j.)
a s a s afeguard a gainst t he indiscriminate grant of ta'< exemptions. U nder
the 1935 Constitution, a simple majority of th e quorum was sufficient.

SEC. 29. (1) No m oney shall be paid out of the Treasury
exce pt in pursuance of a n a ppropria tion made by la w .

(2) No public money or prope:"ty shall be appropriate d,
a pplied. paid, or e mployed. directly or in direc tly, for the use,
benefit, or support of any sect, church, denomination, sec tarian
institution , or system of r eligion, or of any p riest, preache r,
minister, or other religious teacher, or dignitary as s uch, exce pt
whe n su ch priest, preach e r , minis ter, or dignitary is assigned to
the armed forces, or to any p e nal in stitution, or governme nt
orphana ge or le prosarium.

(3)\:.All money collected on any tax levied for a s p&.-'ial pur-
pose shall be trea ted as a special fund and p aid out for suc h
purpose only. lfthe purpose for which a special fund was c rea ted
has been fulfilled or abandoned, the bala nce , if any, s hall be
transferred to the gene·ral funds of t he Government.

The power of appropriation.

Tile power to appropriate public fun ds for the maintenance of t he
government and other public needs is a vital government function which is
vested in Congress. Section 29( 1) is bal:!ed u pon the p rinciple that t he
,people's money may be spent only with their consent. That consen t may be
expressed either in the Constitution itsel f or in valid a cts of Congress as
the direct representative of the people. It a cts as a legislative check upon

St'c. 29 ART. VI. - LEGISLATIVE DEf'.\.RT~U:i\"1' 20 1

the disbursing power of the President, or the heads nf departments and
other executive officials. Without the restriction. gc)vernment funds would
be misused. 1

In case a special election for President and Vice-Prek:li dent is called by
Congress, the appropriations for the same shall be charged against any
current appropriations and shall be exempt from the requirement of Sec-
tion 29(1!. (see Art. VII. Sec. 10.)

Meaning of "'appropriation made by law."

An appropriation is per se nothing more than the authorization by law
that money may be paid out of the public treasury -' It i::; the setting apart
or assigning to a particular use a certain sum of the publit: funds.

The provision of the Constitution does uot speak of an "appropriation
made by Congress" but rather "by law,· a term which CO\'ers both stat:utes
and the Constitution. In case of!a'if~~e on the part of Cvng•ess to p~ss the
general appropriations bill for the ensuing fiscal year. the general appro-
priations law for the preceding fiscal year :;hall be deemed reenacted and
shall remain in force and effect until the ge neral appropriations bill is
passed by Congress. (Sec . 25l7l. ) Such general appropri ations for the pre-
ceding year fall under "'an a ppropriation mad~~ hy law. "

Prohibition against use of public money
or property for religious purpose.

It is fundamental in democratic governments that taxes may be levied
for public purposes only. Since the government is e~tablished for a public
purpose, public money can be used only for that purpose. A tax levied for a
private purpose constitutes a taking of property without due process of law,
and is invalid. !Art. III . Sec. 1, wpra. ) S ection 29( ~ : is based on the
requirement that taxes can only be imposed for a public purwlse . Thus, a
public land may not be donated for the com;truction of churches. convents
or semmaries.

The prohibition, however, is not violated when:

(1) P~ -···Where the \1se of public money

is not for the benefit of the priest, , . as such but i::; in the nature of

compensatic.n to the priest, etc., wb. . :;,;[gne:d to t.he armed forces, or to

any penal institution, or gover nmen •. cpha :· ~~e •)r lepr,J~;ari um tSec. 29[2].);

<2 ) _8eligious us.fl...l_nc i_den~.l ·'· i1er· ·.; use of public property for

relig1ous purposes is ii'cidental anci tempoL<Y· and is compatible with the

use to which other members of thf community arc entitled, or may he

:st!e V.G. Sinco, op. cit... p. 21)5.

~St!t~ Campagna vs. U.S., 26 Ct.

~02 TEXT ROOK ON THE PHILIPPlKE CONSTl'rUTION Sec. 30

a uthorized to make~Hence, tht! u se of p11 blic streets for re! igiou s proces-
sions a nd hold ing of m~ssc!' at t,hc Ri zal Pa rk and in otlwr public proper·ty
does not offend the provision.:.: ~imilarly, the payment a s retirement, death ,
or dis ability benefits to a pri est of fu nds co ntributed to the Socia l Security
System does not violate Section 29(2) of the Con!->t.itution where such
payment is made to the priest not because he is a pri est but because he is
an employ~e:4

(3) U.s.e,._J2/.{}ili~jn n(t tl~ t£.:. - · Where , for e xample, public fun ds e re used
for postag~ stamps commemorating the celebution in Manila of the 33rd
International E ucharistic Congress orga nized by the Roma n Catholic Church
and the purpose is to advertise t.he Philippines and not to favor any
particular church or denominations;"

\ 4) P.QJ!rn&at..b..aMiLQIL~Q.atr.Q:£.t.. -- \\onere, for example, r ent;.:; are p aid
for a portion of a church or other building belonging to a secta rian institu-
tion leased by the government for school or other public purposes since th~
public receives the full bene fit of its contract:" and

(5) .QQ.!?dii d~.ra tion .r.f!ce_ijJed. - Where, for example , free supply of water
is given by a m unicipality to a religious organization not on aceount of any
religious consideration but in exchange for a don ation of property made t o
the former by the latt<.!r.;

In short, it is the appropriation of public money or property mainly for
rehgious purpose that the Constitution does not s a nction. I see Art. III, Sec.
5; Art. II, Sec. 6. )

Expenditure of special fund.

A tax may be im posed for a s pecial publ ic purpose. In s uch case, the
mon ey r aised from such tax sh all be treated as a special fund and paid out
for s uch purpose onl y. It cannot be sp~nt for any other publ ic p urpose. If
t he special purpose has been fulfilled or a bandoned. the bftlance, if any,
shall be transfer red to the genHral fun ds of the governmen t. ISe<:. 29[3 ].)
The specia l fu nd then <:easel> to ex ist.

SEC. 30- No law shall be passed increasing the appellate
jurisdiction of the Supreme Court as provided in this Constitu-
tion without its a dvice and concurrence.

:<Aglipay vs. R ui z, 64 Phil. 201.

•Roma n Catholic Arch. of Ma n ila vs. SSS. L-lil045. Jan. 20, 1961. Religious organi7.a-

tionR are under the coverage of the Social Security Act. rse(< Sec. a, R. A ~o. 1161 , a~< amend-

ed.)

·' Aglipay vs. Ruiz, supra.
G:vl_ilJard vs. Boa rd of E duca tion, 19 Jll. Ap p. 48.
70 rder de Predecadort>s vs. Metrop ulitnn Water Distri ct, 46 Phil. 292.

Sec. :11 ART. VL- LEGISLATIVE DEPARTMr~NT 203

Law increasing appellate jurisdiction
of Supreme Court.

Congress cannot diminish or otherwise impair (reduce) the original and
appellatejurisdictiou ofthe Supreme Court (see Art. VIII, Sec. 2, par. 1.) as
enumerated in Article VIII, Section 5(2). But Congress can increase its
jurisdiction by assigning to it additional cases for adjudication.

As it is, the Supreme Court is already burdened with a heavy load of
cases. If its appellate jurisdiction is further increased, the Supreme Court
could never reduce much less eliminate the backlog in its docket. Further-
more, by the very nature of its work as a court oflast resort with adminis-
trative supervi~ion over all lower courts (Art. VIII, Sec. 6.l, it is in a better
position to determine what cases should be elevated to it for review. Hence,
any law increasing its appellate jurisdiction must he with its advice and
concurrence.

It is not necessary to make a prohibition in connection with it~ original
jurisdiction because the Supreme Court is essentially an appellate court
with jurisdiction over judgments and orders of all lower courts in specified
cases, and increasing its original jurisdiction to include cases other than

wmthose mentioned in the Constitution (see Art. VIII, Sec. 5lH -~ force it to

conduct hearings and trials and thus make impossible the performance of
its constitutional powers and functions.

SEC. 31. No law granting a title ofroyalty or nobility shall be
enacted.

Prohibition against granting title of royalty
or nobility.

(1) Under the above constitutivnal provision, the system existing in
some countries, like England and Japan, ranking certain persons as be-
longing to an upper class called the "nobility" is not allowed in the Philip-
pines. The reason behind the principle is the ~,galitarian principle underly-
ing our Constitution.1 It is consistent with the declaration that the Philip-
pines is a republican and demo~ratic State (Art. II, Sec. 1.) as opposed to a
monarchial or aristocratic form of government. "The prohibition of titles of
nobility may truly he denominated the cornerstone of republican govern-
ment; for so long as they are excluded, there can never be serious danger
that.t)le government will be any other than that of the people."2

· (2) The prohibition of titles of royalty or nobility is directed_to Con-
gress. Thus, the Sultan vf Sulu could validly create titles of royalty or
nobility and confer them on visiting dignitaries from the legislature or on
members of the Cabinet. The prohibition prevents the Cl'!-~ati.on of a privi-

tSee Tailada and Fernando, op. cit., p. 432.
2Hamilton, The r'ederalist !No. 84J.