The Legislative Department

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THE LEGISLATIVE THE LEGISLATIVE DEPARTMENTDEPARTMENTARTICLE VI OF THE 1987 ARTICLE VI OF THE 1987

PHILIPPINE CONSTITUTIONPHILIPPINE CONSTITUTION

Section 1, Article VISection 1, Article VI

• Sec. 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on Initiative and Referendum.

What is legislative power?What is legislative power?

• It is the authority to make laws and alter or repeal them.

• Legislative power is plenary in nature hence it can and may cover all subjects subject only to Constitutional limitations.

• Since it is plenary in nature, Congress may not enact irrepealable laws.

Reservation of Legislative Power Reservation of Legislative Power through Initiative and Referendumthrough Initiative and Referendum

• Initiative is the power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the purpose.

• There are three systems of initiative:1. Initiative on the Constitution;2. Initiative on Statutes; and3. Initiative on local legislation.

Reservation of Legislative Power Reservation of Legislative Power through Initiative and Referendumthrough Initiative and Referendum

• Referendum is the power of the electorate to approve and reject legislation through an election called for the purpose.

• There are two classes of Referendum and they are:

1. Referendum on statutes; and

2. Referendum on local laws.

Bicameralism vs. UnicameralismBicameralism vs. Unicameralism

• Advantages of Bicameralism– Allows for a body with a national perspective

to check the parochial tendency of representatives elected by district

– Allows for more careful study of legislation– Makes the legislature less susceptible to the

control by the Executive– Serves as a training ground for national

leaders

Bicameralism vs. UnicameralismBicameralism vs. Unicameralism

• Advantages of Unicameralism– Simplicity of organization resulting in

economy and efficiency– Facility in pinpointing responsibility for

legislation– Avoidance of duplication

May Congress delegate its power?May Congress delegate its power?

• GR: No, legislative power must remain where the people have lodged it.

• Exceptions:– By immemorial practice, legislative power may

be delegated to local governments– The Constitution itself might in specific

instances allow delegation of legislative power

Delegation of Legislative PowerDelegation of Legislative Power

• Is not legislative power as a matter of practice delegated to administrative agencies?– No. What is delegated to administrative agencies is

not legislative or law-making power but rule-making power or law execution

– Administrative agencies may be allowed to either “fill up the details” of an already complete statute or to ascertain the facts necessary to bring a “contingent” law into actual operation.

• Tests of a valid delegation– Completeness test – the delegating law must

be complete in itself and must set forth therein the policy to be carried out or implemented by the delegate.

– Sufficient Standard Test – the limits of which are sufficiently determinate or determinable to which the delegate must conform in the performance of his functions.

• May delegated legislative power be further delegated?– No. “Potestas delegata non delegare potest” Power

already delegated may no longer be delegated.• Nota Bene: Decisions have emphasized that the

“standard” need not be explicit in precise declaratory language.

• The standard may be embodied in other statutes on the same subject as that of the challenged law or those in pari materia.

• What is the rationale of the grant of quasi-legislative and quasi-judicial powers in administrative agencies?– It has become more necessary with the

growing complexities of modern society– They are specialized in the particular field

assigned to them, so they can deal with problems with more expertise and dispatch as can be expected from legislature or courts of justice.

• May rules and regulations have the force of penal law?– Yes, provided that the following conditions

concur:• The delegating statute must specifically authorize

the promulgation of penal regulations• The penalty must not be left to the administrative

agency but must be provided in the statute itself• The regulation must be published in the Official

Gazette

Section 2 Article VISection 2 Article VI

• Sec.2. The Senate shall be composed of twenty-four senators who shall be elected at large by the qualified voters of the Philippines as may be provided by law.

The SenateThe Senate

• Qualifications for senators:– Must be a natural born citizen– Must be at least 35 years old on the day of

the election– Must be able to read and write– Must be a registered voter– Must be a resident of the Philippines for not

less that two years immediately preceding the day of the election

The SenateThe Senate

• Qualifications under Section 3 of Article VI may not be added nor subtracted from by the Congress

• “On the day of the election” means the day on which the voted are cast

Sec. 4 of Article VISec. 4 of Article VI

• Sec. 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election.

No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term of which he was elected.

House of RepresentativesHouse of Representatives

• What is the total composition of the House of Representatives?– Not more than 250 members, unless

otherwise provided by law.

• How are members classified?– District representatives – elected from

legislative districts apportioned among the provinces, cities and the Metropolitan Manila area

– Party-list representatives – shall constitute twenty per centum of the total number of representatives, elected through a party-list system of registered national, regional, and sectoral parties or organizations.

– Sectoral representatives – for three consecutive terms after the ratification of the Constitution, one-half of the seats allocated to the party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, inidigenous, cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector.

Apportionment of Legislative DistrictsApportionment of Legislative Districts

• In the case of Macias vs COMELEC, 3 SCRA 1, the apportionment of legislative districts was held to be a justiciable question

• Apportionment shall be made in accordance with the number of respective inhabitants on the basis of a uniform and progressive ratio.

• Each city with not less than 250,000 inhabitants shall be entitled to at least one representative; and

• Each province, irrespective of number of inhabitants, is entitled to at least one representative.

• Each legislative district shall comprise, as far as practicable, contiguous, compact and adjacent territory to prevent gerrymandering.

• Gerrymandering – is the formation of one legislative district out of separate territories for the purpose of favoring a candidate or party

• The Constitution does not preclude Congress from increasing the membership by passing a law other than a general apportionment law.

• In Tobias vs Abalos, the SC held that reapportionment may be made through a special law.

• Qualifications– Natural born Filipino citizen– At least 25 years of age on the day of the

election– Must be able to read and write– Except for party-list representatives, must be

a registered voter in the district where he shall be elected and a resident thereof for not less than one year immediately preceding the day of the election

• Term of Office– Three years commencing at noon on the 30th

day of June next following their election;– Shall not serve for more than three

consecutive terms.

Party-list SystemParty-list System

• Under the system, “registered national, regional, and sectoral parties or organizations” submit a list of candidates arranged in the order of priority. During congressional elections, such parties or organizations are voted for at large, and the number of seats a party or organization will get, out of the twenty percent allocated for party-list representatives, will depend on the number of votes garnered nationwide.

Definition of termsDefinition of terms

• A party means either a political party or a sectoral party

• A political party refers to an organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which regularly nominates and supports its leaders as candidates for public office

• National Party – when its constituency is spread over the geographical territory of at least a majority of the regions

• Regional Party – when its constituency is spread over the geographical territory of at least a majority of the cities and provinces comprising the region

Party-list systemParty-list system

• Sectoral Party – refers to an organized group of citizens belonging to any of the following sectors: labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth, veterans, overseas workers, and professionals whose principal advocacy pertains to the special interest and concerns of their sector

• In Veterans Federation Party vs COMELEC, Oct. 6, 2000, the SC held that the Constitution and RA 7941 mandate at least four inviolable parameters to wit:– The 20% allocation– The 2% threshold– The three seat limit; and– Proportional representation

Party-List SystemParty-List System

• In ANG BAGONG BAYANI – OFW LABOR PARTY vs COMELEC, June 26, 2001, the SC held that even if major political parties are allowed by the Constitution to participate in the party-list system, they must show, however, that they represent the interests of the marginalized and the underprivileged

• Any elected party-list representative who changes political party or sectoral affiliation during his term of office shall forfeit his seat; provided that he changes his political party or sectoral affiliation within 6 months before an election

• In case of vacancy in the seats reserved for party-list representatives, the vacancy shall be automatically filled by the next representative from the list of nominees in the order submitted to COMELEC by the same party who shall serve for the unexpired term

ELECTIONELECTION

• Regular elections are held on the second day of May unless otherwise provided by law

• Special elections are held to fill a vacancy, but an elected member shall serve only for the unexpired term

SALARIESSALARIES

• Salaries of Members are determined by law

• Limitation is that no increase shall take effect until after the expiration of the full term of all the members of the Senate and the House of Representatives approving such increase

SalariesSalaries

• After Congress passed a law increasing the salary of its members, special elections are held to fill a vacancy in three congressional districts. Will the newly elected members receive the increased salary?– No, because they would be serving within the

term of the members who approved the increase.

SalariesSalaries

• What is the reason for the delayed effect of the increased salary?– Its purpose is to place a “legal bar to the

legislators” yielding to the natural temptation to increase their salaries.

• May a member of Congress receive office and necessary travel allowances?– Yes. Such allowances do not form part of

salary or compensation and these take effect immediately.

PRIVILEGESPRIVILEGES

• Freedom from arrest – While Congress is in session, for offenses punishable by not more than six years imprisonment– Reinforced by Art. 145 of the Revised Penal Code on

Violation of Parliamentary Immunity

• In People vs. Jalosjos, Feb. 3, 2000, the SC held that Congressman Jalosjos cannot invoke immunity from arrest in order that he may attend congressional sessions despite the fact of conviction of a non-bailable offense.

Immunity from ArrestImmunity from Arrest

• The denial was premised on the following:– Membership in Congress does not exempt an

accused from statutes and rules which apply to validly incarcerated persons

– It would lead to the creation of a privileged class without justification in reason, it notwithstanding their liability for a criminal offense, they would be considered immune from arrest

Immunity from ArrestImmunity from Arrest

• When is the privilege available– It is available “while Congress is in Session”,

whether regular or special and whether or not the legislator is actually attending session.

– The privilege is not available while Congress is in recess.

PrivilegesPrivileges

• Privilege of Speech and debate– Congressmen shall not be questioned nor

held liable in any other place for any speech or debate in Congress or in any committee thereof

Privilege of Speech and DebatePrivilege of Speech and Debate

• Scope of the privilege– Is a protection only against forums other than the

Congress itself. It does not protect Congressmen against the disciplinary authority of the Congress itself

– Affords an absolute protection against suits for libel– Includes utterances made in the performance of

official functions such as speeches delivered and other acts done in the performance of official duties

Section 12, Article VISection 12, Article VI

• Members of Congress are obliged to make public disclosure concerning the following:– Full disclosure of their financial and business

interest– Notify the House concerned of a potential

conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

DisqualificationsDisqualifications

• Incompatible Office – May not hold any other office or employment in the Government during his term without forfeiting his seat

• Forbidden Office – Shall not be appointed to any office which may have been created or the emoluments thereof increase during the term for which he was elected

Other InhibitionsOther Inhibitions

• Shall not appear personally as counsel before any court of justice or before Electoral Tribunals, or quasi-judicial or administrative bodies

• Shall not directly or indirectly be financially interest in any contract with, franchise or special privilege granted by the Government

• Shall not intervene in any matter before any office in Government for his pecuniary benefit or where he may be called upon to act on account of his office.

InhibitionsInhibitions

• In the case of Puyat vs. De Guzman, the SC held that to allow a Congressman to intervene as a shareholder in a case involving a corporation would make the constitutional prohibition ineffective.

• Does the inhibition apply to the law-firm in which the legislator is a partner?– No. The prohibition is personal.

SESSIONSSESSIONS

• Regular Sessions - Congress shall convene once every year on the fourth Monday of July, unless a different date is fixed by law, and shall continue for such number of days as it may determine until thirty days before the opening of its next regular session, exclusive of Saturdays, Sundays and legal holidays.

• Special Sessions – A special session may be called by the President at any time, usually to consider legislative measures which the President may designate in his call.

SESSIONSSESSIONS

• Joint Sessions– Voting Separately

• Choosing the President (Sec. 4, Art. VII)• Determine President’s disability (Sec. 11, Art. VII)• Confirming nomination of Vice-President (Sec. 9, Art. VII)• Declaring the existence of a State of War (Sec. 23, Art. VI)• Proposing constitutional amendments (Sec. 1, Art. XVII)

– Voting Jointly – to revoke or extend proclamation suspending the privilege of the writ of habeas corpus or placing the Philippines under martial law

SESSIONSSESSIONS

• Adjournment – Neither House during sessions 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

OfficersOfficers

• The Senate shall elect it President and the House of Representatives its Speaker, by a majority vote of all its respective members. Each House shall choose other officers as it may deem necessary.

• In the case of Santiago vs Guingona, Nov. 18, 1998, the Supreme Court held that:

OfficersOfficers

• A petition for quo warranto to challenge the validity of holding of office as an officer in the House of Representatives is a justiciable question where the SC may look into the question whether there has been a violation of the provisions of the Constitution or whether there has been grave abuse of discretion.

OfficersOfficers

– However, in the same case, the SC desisted from ruling upon the propriety of Guingona’s assumption of office on the ground that the selection of other officers is left to the discretion of Congress and in the absence of constitutional and statutory guidelines, such question is beyond the power of the SC to rule upon based on the principle of separation of powers

QUORUMQUORUM

• A majority of each House, but a smaller number may adjourn from day to day and may compel attendance of absent Member in such manner and under such penalties as such House may determine

• In the case of Avelino vs Cuenco, 83 PHIL 17, the Supreme Court held that the basis in determining the existence of quorum in the Senate shall be the total number of Senators who are in the country and within the coercive jurisdiction of the Senate.

QUORUMQUORUM

• In the case of Arroyo vs De Venecia, June 26, 1998, the SC declared that the question of quorum cannot be raised repeatedly, especially when a quorum is obviously present, for the purpose of delaying the business of the House.

RULES OF PROCEEDINGRULES OF PROCEEDING

• Each house may determine the rules of its proceedings.

• May the court intervene in the implementation of the rules of either house of Congress?– On matters only affecting internal operation of

the legislature-NO– If the rule affects private rights-YES

DISCIPLINE OF MEMBERSDISCIPLINE OF MEMBERS

• The House may punish its members for disorderly behavior, and, with the concurrence of 2/3 of its members, suspend (for not more than 60 days) or expel a member.

• Is disciplinary action taken by Congress against a member subject to judicial review?– No, because each house is the sole judge of what

disorderly behavior is (Osmeña vs. Pendatun 109 PHIL 863)

DISCIPLINE OF MEMBERSDISCIPLINE OF MEMBERS

• The suspension contemplated in the Constitution in different form the suspension in the Anti-Graft Practices Act. (R.A. 3019)

• Suspension in the former is punitive in nature, in the latter, it is not a penalty but a preventive measure.

• In the case of Santiago vs. Sandiganbayan, April 18, 2001, the SC held that the suspension in R.A. 3019 is not limited in the office where the alleged wrongful act was done but may extend to future offices to be held by the government officer charged.

RECORDS AND BOOKS OF ACCOUNTRECORDS AND BOOKS OF ACCOUNT

• These are preserved and are kept open to the public in accordance with law;

• These books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid and expenses incurred for each member.

LEGISLATIVE JOURNALLEGISLATIVE JOURNAL

• What is the purpose of the requirement that a Journal be kept?– To insure publicity of the proceedings of the

legislature and a correspondent responsibility of the members to their respective constituents;

– To provide proof of what actually transpired in the legislature

• What matters may Congress keep out of the Journal?– Matter “as may in the Congress’ judgment, shall affect

national security

• What is the value of the Journal as evidence of what actually transpired in Congress when the Journal conflicts with extraneous evidence?– The Journal is conclusive upon the courts (US vs

Pons, 34 PHIL 729).

• What matters are to be entered in the Journal:– Yeas and nays on third and final reading of a

bill– Veto message of the President– Yeas and nays on the repassing of a bill

vetoed by the president and– Yeas and nays on any question at the request

of 1/5 of the members present.

• ENROLLED BILL THEORY – an enrolled bill is one duly introduced and finally passed by both Houses, authenticated by the proper officers of each and approved by the President

• The enrolled bill is conclusive upon the courts as to the tenor of the measure passed by Congress and approved by the President

• The courts are bound under the doctrine of separation of powers by the contents of a duly authenticated measure of the legislature;

• If there was a mistake in the printing of the bill before it was certified by Congress and approved by the President, the remedy is amendment or corrective legislation, not a judicial decree (CASCO vs Gimenez, 7 SCRA 347)

JOURNAL ENTRY VS. ENROLLED BILLJOURNAL ENTRY VS. ENROLLED BILL

• Enrolled bill prevails, except as to matters which, under the Constitution, must be entered in the Journal

• If the president officer should repudiate his signature in the “enrolled bill” will the enrolled bull still prevail over the Journal?– The enrolled bill theory is based mainly on the respect

due to a co-equal department. When such co-equal department itself repudiates the enrolled bill, then the Journal must be accepted as conclusive (Astorga vs Villegas, 56 SCRA 714)

ELECTORAL TRIBUNALSELECTORAL TRIBUNALS

• Composition – Three Supreme Court Justices designated by the Chief Justice, and six members of the House concerned chosen on the basis of proportional representation from the political parties registered under the party-list system represented therein. The Senior Justice shall be its Chairman.

• Characteristics– Non-partisan– Independent of Congress

• “Disloyalty to the party” and “breach of party discipline” are not valid grounds for the expulsion of a member to the end that HRET members enjoy security of tenure

• Just causes:– Expiration of Congressional term– Death– Resignation from political party– Formal affiliation with another political party(Tañada vs Cuenco 100 PHIL 1101)

• In the case of Abbas vs SET, 166 SCRA 651, the SC held that it cannot order the disqualification of the Senator-members of the Electoral Tribunal simply because they were themselves respondents in the electoral protest

• The Electoral Tribunal of the Houses of Congress shall be the SOLE judge of all contests relating to the election, returns and qualification of their respective members.

• Disqualification case prior to proclamation – COMELEC

• Election, returns and qualifications of members - ET

COMMISSION ON APPOINTMENTSCOMMISSION ON APPOINTMENTS

• Composition – The Senate President, as ex officio chairman, 12 Senators, 12 Members of the House of Representatives elected by each House on the basis of proportional representation from the political parties registered under the party-list system represented therein.

• The Chairman shall not vote in case of a tie.

• In the case of Guingona vs Gonzales, 214 SCRA 789, the SC held that a political party must have at least two elected Senators for every seat in the Commission on Appointments

• Where two or more political parties represented in the Senate, a political party with a single senator in the Senate cannot constitutionally claim a seat in the Commission on Appointments

• It is not mandatory to elect 12 Senators to the Commission on Appointments

• Powers– Shall act on all appointments submitted to it within 30

session days of Congress from their submission– The Commission shall rule by a majority vote of its

members– The Commission shall meet only while Congress is in

session, at the call of its Chairman or a majority of all its members

– Have the power to promulgate its own rules of proceedings

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