Constitution Reviewer adopts an alien and gives him the imprint and endowment of a citizen of that

ARTICLE IV CITIZENSHIP country.

SEC.1 The Following are citizens of the Philippines: Sec. 2 Natural-born citizens are those who are citizens of the Philippines
1. Those who are citizens of the Philippines at the time of the adoption of without having to perform any act to acquire or perfect the Philippines
this Constitution; citizenship. Those who elect Philippine citizenship in accordance with
2. Those whose fathers and mothers are citizens of the Philippines; paragraph (3) Sec. 1 hereof shall be deemed natural-born citizens.
3. Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority; and Repatriation – retroacts to the moment of birth
4. Those who are naturalized in accordance with law. - Recovery of his original nationality
- Oath of allegiance and register in the Civil Registry
Citizenship- membership in a political community which is more or less permanent in
nature. It implies reciprocally a duty of allegiance on the person and the duty of Dual Citizenship does not disqualify one from running for elective local position – in
protection by the State. the certificate of candidacy, one declares that he is a Filipino Citizen and that he will
Citizen- a person having the attributes of citizenship maintain true faith and allegiance thereto
Alien- citizen of another country who may be residing in the Philippines or -declaration is under oath, it operates as an effective renunciation of foreign
merely passing through another country. citizenship.
- He is given protection by the state. Requirement:
He must make a personal and sworn renunciation of any foreign citizenship
Citizenship vs nationality: before a public officer authorized to administer an oath, simultaneously with or before
1. Membership in a democratic or in a political community the filing of the COC.
Political community  A DC took his oath and filed his COC but was rendered DQ because he
2. Exercise of civil and political rights does not necessarily carry, did not renounce his other citizenship.
exercise of political rights Sec. 5(2) of RA 9225 page 150
3. A person can be a citizen of one country and a national of another  The law requires persons seeking elective public office to make a
personal and sworn renunciation of any and all foreign citizenship before
3 modes of acquiring citizenship: a public officer simultaneous with or before the filing of COC
1. Jus sanguinis –by blood  1. To take an oath of allegiance under Sec 3 of RA 9225
2. Jus soli – by place of birth  2. To additionally execute a personal and sworn renunciation of any and
3. Naturalization – the artificial means or process whether judicial or all other foreign citizenship before an authorized public officer to qualify
administrative by which as state places an imprint of a native citizen when it as candidates in Philippine elections.
  Oath of allegiance –general requirement for candidates in Philippine - it is one which says that if the husband of an alien woman is
elections; renunciation of foreign citizenship- additional requisite naturalized, the wife follows the the Filipino citizenship of the husband provided she
Res judicata – does not apply in the issue of citizenship does not possess any of the DQ
-a matter that has been adjudicated by a competent court and may not be RA 8171 Sec 1, “on account of political or economic necessity”
pursued further by the same parties.
Persons entitled to repatriation under RA 8171:
Exception: a. Filipino women who lost their citizenship by marriage to aliens; and
1. A person’s citizenship be raised as a material issue in a controversy b. Natural-born Filipinos including their minor children who lost their Phil.
where said person is a party; Citizenship on account of political or economic necessity. *(not by
2. The SG or his authorized representative took active part in the resolution operation of law)*
thereof; and
3. The finding on citizenship is affirmed by this court. 4 types of Filipinos who leave the country:
a. Economic refugees – there is no work in the Phil.
Requisites before one can be considered a natural-born citizen of the Philippines: b. Political refugees – fear of their lives because they are not in consonance
with the prevailing policy of the government
1. A person must be a Filipino citizen from birth; c. Those who have committed crimes and would like to escape from the
punishment of said crimes
2. He does not have to perform an act to obtain or perfect his Philippine d. Those who feel that they are not Filipinos, thereby seeking other
citizenship. citizenship elsewhere.

RA 8171 –an act providing for repatriation *repatriation is not a matter of right, but it is a privilege granted by the State.
a. Of Filipino women who have lost their Philippine citizenship by marriage *Philippine citizenship is not a commodity to be displayed when required and
to aliens suppressed when convenient.
b. Of natural born Filipinos who have lost their Philippine Citizenship on
account of political or economic necessity. SECTION 3. Philippine citizenship may be lost or reacquired in the manner
provided by law.
Where repatriation should be filed? Special Committee on Naturalization
(deactivated but not abrogated) reactivated on June 8, 1995. The state has the power to prescribe by law the qualifications, procedure and
requirements for repatriation.
Repatriation of father under RA 8171 favors the child
SECTION 4. Citizens of the Philippines who marry aliens shall retain their
*derivative naturalization – father naturalized- children will also be naturalized (minor)
citizenship, unless by their act or omission they are deemed, under the law, to Instances when a citizen of the Phil may possess dual citizenship considering the
have renounced it. citizenship clause (Art. IV):

If the Filipino swears to an oath and acquires the citizenship of the alien spouse, she 1. Those born of Filipino fathers and/ or mothers in foreign countries which
loses her Phil. Citizenship. follow the principle of jus soli;
2. Those born on the Phil of Filipino mothers and alien fathers if by the laws
SECTION 5. Dual allegiance of citizens is inimical to the national interest and of their father’s country, such children are citizens of that country;
shall be dealt with by law. 3. Those who marry aliens if by the laws of the latter’s country the former
are considered citizens, unless by their act or omission they are deemed
Inimical –likely to cause damage to have renounced PC.
How Filipino citizenship lost:
Dual citizenship vs dual allegiance 1. Naturalization in a foreign country
1. A person is simultaneously considered a refers to a situation in 2. By expatriation (to renounce allegiance to one’s native country)
which a person
National by two or more states of different laws simultaneously Citizenship how reacquired:
owes, by some positive 1. Direct act of congress
act, loyalty to two or more states 2. Naturalization
2. Involuntary result of an individual’s 3. Repatriation
volition
Naturalization – the act of formally adopting a foreigner into the political body of a
Election of Filipino Citizenship nation by clothing him or her with the privileges of a citizen.
-expressed
-must be filed with the nearest LCR 3 ways of naturalization:
Must be accompanied with an oath of Allegiance to the Constitution and the Gov’t of a. Administrative naturalization – RA 9139
the Phil. b. Judicial naturalization – CA 473
-should be made within 3 years from reaching the age of majority, except when there c. Legislative naturalization
is a justifiable reason of delay.
*when implied election by having exercised the right of suffrage (sufficient to show *the mere filing of a COC is insufficient to reacquire Fil Citizenship.
his preference for Phil. Citizenship) *a stateless person may be naturalized
*citizenship may not be acquired through estoppel
*the fatherless child, follows the citizenship of his mother *a deaf mute may not be naturalized in the Phil.
* Naturalization is a privilege not a right. It is ruled that no alien has the slightest right Disqualifications for Naturalization
to naturalization unless all statutory requirements are complied therewith.
1. Opposes organized government
2. Believer in violence as a means to expose an idea
Procedure for an alien woman married to a Filipino in acquiring or embracing
3. Polygamist or believes in it
Philippine citizenship
4. Has been convicted of a crime involving moral aptitude
1. File a petition for cancellation of her alien certificate of registration alleging 5. Has incurable disease
among other things the following: 6. Has not mingled socially with Filipinos or he has not embraced Filipino
a. She is not disqualified from acquiring Philippine Citizenship (Sec. 4 of NL) culture, ideals and customs (LONER AND BITTER)
b. Must be accompanied by an affidavit of the petitioner and her husband 7. Is a citizen of a country with which the Philippines is at war during the time of
that she does not belong to the group of disqualified persons such war
2. File the petition with the Bureau of Immigration 8. Is a citizen or national of a country which does not grant same naturalization
to Filipinos (no reciprocity)
Deaf-mute may not be naturalized in the Philippines.
GR: Alien must file a declaration of intention with the Office of the Solicitor
Qualifications for Naturalization (ARGPE)
General stating all the addresses where he stayed during his residence for
1. Age (must be at least 21 years of age at the date of the election)
character investigation.
2. Residence (10 years or more in the Philippines)
EXC: (1) born in the Philippines (2) with residence of 30 years (3) widower or child of
3. Good moral character (conducted himself of irreproachable manner)
the applicant who died before the approval of application
4. Property Qualification (must have some lucrative trade, profession or calling)
5. Education (able to speak, write English or Spanish or a principal dialect;
enrolled his children in a recognized school in the Philippines which teaches ARTICLE V. SUFFRAGE
Philippine history, civics and government.)
SECTION 1. Suffrage may be exercised by all citizens of the Philippines not
Reducing 10-year residence requirement otherwise disqualified by law, who are at least eighteen years of age, and who
shall have resided in the Philippines for at least one year and in the place
1. Was born in the Philippines wherein they propose to vote for at least six months immediately preceding
2. Is married to a Filipino the election. No literacy, property, or other substantive requirement shall be
3. Served in the government or has held an office imposed on the exercise of suffrage.
4. Served as a teacher in a private or public school not limited to children of any
nationality in any branch of education SECTION 2. The Congress shall provide a system for securing the secrecy and
5. Made a useful investment or industry in the Philippines sanctity of the ballot as well as a system for absentee voting by qualified
Filipinos abroad.
The Congress shall also design a procedure for the disabled and the illiterates
to vote without the assistance of other persons. Until then, they shall be
*there is more truism in interdependence than in total independence among the 3
allowed to vote under existing laws and such rules as the Commission on
branches of the government.
Elections may promulgate to protect the secrecy of the ballot.
*SP is enforced when they exercise the power of judicial review and prudently refuse
to assume jurisdiction over cases involving PQ
*the exercise of the right of suffrage, is subject to existing SUBSTANTIVE and
PROCEDURAL requirements. BLENDING OF POWERS – a situation where there is a sharing of 2 or more
departments in the performance of a given constitutional task. Complementary or
Procedural: process of registration under RA 8189 “Voter’s Registration Act of supplementary to one another.
1996”; Registration is a part and parcel of the right to vote and an indispensable
element in the election process. PURPOSES OF THE PRINCIPLE OF CHECKS AND BALANCES:

GR: All citizens of the Philippines may exercise the right to suffrage. 1. To prevent encroachment of power thus preserving the will of the
EXC: (1) below eighteen years old (2) have not resided in the Philippines for at least sovereign
one year (3) have not resided in the place wherein they propose to vote for at 2. To restrain impulsive, hasty and improvident action of one branch, except
least six months immediately preceding the election (4) has not complied with where full discretionary authority has been delegated to it by the
the procedural requirements – ex. registration under RA 8189 Constitution.
POLITICAL QUESTION (PQ) is a question of policy which, under the Constitution, is
to be decided by the people in their sovereign capacity or in regard to which full
discretionary authority has been delegated to the Legislature or Executive branch. Is
SEPARATION OF POWERS concerned with issues dependent upon wisdom, not legality, of a particular measure.

3 Departments of the Government Courts do not have the power to inquire into allegations that, in enacting a law, a
1. Legislative House of Congress failed to comply with its own rules.
2. Executive *it is a well settled rule that each of the 3 depts has its separate sphere which the
3. Judiciary others may not invade without upsetting the delicate balance on which our
Basic Principle Separation of Powers (but not absolute; to be applied in constitutional order rests.
accordance with the principle of checks and balances; shall
not encroach upon the powers of each other; they are *each dept of gov’t has exclusive cognizance of matters within its jurisdiction, and is
independent and coordinate supreme within its own sphere.
Purpose To prevent accumulation of powers in the same hands; it
is designed by its originators to secure action and at the
same time to forestall overaction which necessarily results
DELEGATION OF POWERS
from undue concentration of powers
Relation Coordinate, co-equal and co-important;
INTERDEPENDENT –each is unable to perform its
functions fully and adequately without the other.
Courts When it exercises the power of judicial review and
Enforcement prudently refuses to assume jurisdiction over cases
involving political questions
Ethical Basis: *the legislature can agree only on general policies but not on matters of detail, it has
no time and competence to possibly foresee every contingency involved in a
POTESTAS DELEGATA NON POTEST DELEGARE means that a delegated power
particular problem it is seeking to control.
constitutes not only a right but a duty to be performed by the delegate by the
instrumentality of his own judgment and not through the intervening mind of another. Test in determining validity
1. Completeness or incompleteness test
*any attempt to abdicate the legislative power is unconstitutional and void.
- It means that when the law leaves the Legislature, it must be complete
Exceptions to the Delegation of Powers that the administrative officer implementing it must not be given the power
1. When the Constitution expressly permits it; to determine what the law is.
2. Delegation of power to local governments; - A statute is complete when it declares what is to be done, who is to do
3. Delegation of power to fill in details; it, and defines the scope of his authority.
4. 1Delegation of power to ascertain facts, contingencies, or events upon which - It is when the implementing officer cannot exercise discretion on the law
the applicability of the law is made to depend; provided.
5. Delegation of power to administrative agencies provided certain standards 2. Absence or sufficiency of standard set
are set; - Standard is the criterion laid down by the legislative department which
6. Delegation of power to the President in the field of foreign relations. the policy and purpose of the law may be carried out. (purpose: to map
out the boundaries of the delegate’s authority and thus prevent the
Examples where the Constitution expressly allows DP:
delegation from running out.); (it may be gathered or implied)
1. in times of war or other national emergency. - It defines legislative policy, marks it limits, and maps out its boundaries;
2. To the President subject to such limitations and restrictions as it may circumstances under which legislative command is to be effected.
impose, to fix, within specified limits, tariff rates, import or export quotas,
SUBDELEGATION OF POWERS is the transmission of power from the head of an
and tonnage and wharfage dues.
agency to his subordinates for purposes of expediency and achieving maximum
1
Legislature cannot delegate its power to make the law, but it can make a law to efficiency in the public service.
delegate a power to determine some facts or state of things upon which he law It is further justified by the fact that while the administrative office may utilize
makes, or intends to make is own actions depend. the aid of his subordinates, it is sufficient that the judgment and discretion are finally
Local affairs – managed by local authorities exercised by the officer authorized by law.

General affairs – by central authority ARTICLE VI

*congress may pass a law leaving the filling of details to an administrative agency
because they have more expertise in filling up details to implement a law, its validity The Legislative Department
depends upon the existence of certain standards.
SECTION 1. The legislative power shall be vested in the Congress of the SECTION 2. The Senate shall be composed of twenty-four Senators who shall
Philippines which shall consist of a Senate and a House of Representatives, be elected at large by the qualified voters of the Philippines, as may be
except to the extent reserved to the people by the provision on initiative and provided by law.
referendum.
SECTION 3. No person shall be a Senator unless he is a natural-born citizen of
- Is the power or competence of the legislature to enact, ordain, alter or the Philippines, and, on the day of the election, is at least thirty-five years of
modify, repeal or abrogate existing laws age, able to read and write, a registered voter, and a resident of the Philippines
for not less than two years immediately preceding the day of the election.
2 types:
SECTION 4. The term of office of the Senators shall be six years and shall
1. Original –possessed by the sovereign power; based on power of initiative to commence, unless otherwise provided by law, at noon on the thirtieth day of
make laws reserved by the people in the Constitution June next following their election.

2. Derivative- is that which has been delegated by the sovereign people to No Senator shall serve for more than two consecutive terms. Voluntary
legislative bodies and is subordinate to the original power of the people. renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was
GARCIA VS COMELEC elected.

The power of initiative and referendum can be used as an ultimate weapon of the
people to negate government malfeasance and misfeasance, thus they put in place Qualifications of Senator (Sec. 3)
an overarching system. Whereas, before, the power of legislation was exclusively 1. Citizenship. Natural-born citizen
vested in Congress, which power was wielded by Marcos during Martial Law and 2. Age. At least 35 years old at the day of election
laws which could have bridled the nation’s downslide from democracy to 3. Literacy. Able to read and write
authoritarianism to anarchy never saw the light of day. This was the lesson the 4. Voter registration
people learned in completely surrendering the power to make laws to the legislature. 5. Residency. Resident of the Philippines for not less than two years
When they eneacted the 1987 Constitution, the people became less trusting of public immediately preceding the day of the election
officials.
Composed of (Sec. 2) 24 Senators
THE SENATE Electorate (Sec. 2) At large by the qualified
voters of the
Philippines
Term of office (Sec. 4) 6 years
 Start of office (Sec. 4) At noon of June 30 next - The purpose to remain in or at the domicile of choice must be for an
following their election, indefinite period of time; the change of residence must be voluntary; and
unless otherwise the residence at the place chosen for the new domicile must be actual
provided
Allowable terms of Not more than two
3 requisites of acquiring domicile:
service (Sec. 4) consecutive terms

Voluntary renunciation of the office for any length of time shall not be considered 1. Residence or bodily presence in the new locality
as an interruption in the continuity of his service for the full term for which he was
elected, except when it is due to reasons beyond his control. 2. An intention to remain there

The Congress or even the COMELEC cannot impose other qualifications, 3. An intention to abandon the old domicile
otherwise that would violate the Constitution which prescribes the qualifications.
A member of the Senate who runs for President, Vice President or Mayor but loses THE CONGRESS
does not forfeit his seat.
SECTION 5. (1) The House of Representatives shall be composed of not more
Senate is a self-perpetuating body. than two hundred and fifty members, unless otherwise fixed by law, who shall
be elected from legislative districts apportioned among the provinces, cities,
Residence- imports not only the intention to reside in a fixed place but also personal
and the Metropolitan Manila area in accordance with the number of their
presence in tat place, coupled with conduct indicative of such intention.
respective inhabitants, and on the basis of a uniform and progressive ratio,
and those who, as provided by law, shall be elected through a party-list system
3 rules of residency:
of registered national, regional, and sectoral parties or organizations.
1. A man must have a residence or domicile somewhere
(2) The party-list representatives shall constitute twenty per centum of the total
number of representatives including those under the party list. For three
2. That where once established it remains until a new one is acquired
consecutive terms after the ratification of this Constitution, one-half of the
seats allocated to party-list representatives shall be filled, as provided by law,
3. A man can have but one domicile at a time.
by selection or election from the labor, peasant, urban poor, indigenous
cultural communities, women, youth, and such other sectors as may be
Domicile- once established is considered to continue and will not be deemed lost
provided by law, except the religious sector.
until a new one is established.

(3) Each legislative district shall comprise, as far as practicable, contiguous,

compact and adjacent territory. Each city with a population of at least two
hundred fifty thousand, or each province, shall have at least one and by actually creating, dividing, merging, abolishing local gov’t units and altering
representative. their boundaries through legislation.

(4) Within three years following the return of every census, the Congress shall AIM OF LEGISLATIVE APPORTIONMENT is to equalize population and voting
make a reapportionment of legislative districts based on the standards power among districts.
provided in this section.
250,000 people = 1 representative
LEGISLATIVE APPORTIONMENT- the determination of the number of
Representatives which a state, country or other subdivision may send to a legislative 2 SPECIFIC STANDARDS (commencement, termination and modification of LGU’s
body. It is the allocation of seats in a legislative body in proportion to the population; corporate existence and territorial coverage)
the drawing of voting district lines so as to equalize population and voting power
among the districts 1. Criteria established in the LGC e.g.: income, population, land area =
verifiable indicators of viability and capacity to provide services
REAPPORTIONMENT –the realignment or change in legislative districts brought
about by changes in population and mandated by the constitutional requirement of 2. Approval by a majority of the votes cast in a plebiscite in the political units
equality of representation. It does not require a plebiscite (Article VI, Sec. 5) directly affected.
because:
1. It is not a political division or a corporate unit. *no plebiscite requirement exist under the apportionment or reapportionment
2. The role of the Congressman is to ensure the voice of the people of the provision
district is heard in Congress, not to oversee the affairs of the legislative
district. * in the case below, the apportionment alone done in Mandaluyong and byy
itself did not call for a plebiscite, so that none was needed for San Juan
The above two refer to a local government unit where only a reapportionment took place.
TOBIAS VS ABALOS
MUNICIALITY – a body politic and corporate constituted by the incorporation of the Facts: The petitioners contended that the act is unconstitutional for violation of
inhabitants of a city or a town for the purpose of local government thereof. Sec. 5, Art. VI of the Constitution. The division of San Juan and Mandaluyong
into separate congressional districts increased the members of the House of
Representative beyond that provided by the Constitution. Also, Section 5 of
Art VI, Sec 5, Art X, Sec 10 of the Constitution, the authority to act has been vested Article VI also provides that within three years following the return of every
in the Legislature, which undertakes the apportionment and reapportionment of census, the Congress shall make a reapportionment of legislative districts based
legislative districts and likewise acts on local government units by setting the on the standard provided in Section 5. The division was not made pursuant to
standards for their creation, division, merger, abolition and alteration of boundaries any census showing that the minimum population requirement was attained.
Issue: Does it violate Section 5(1) of Article VI of the Constitution on the limit of
 number of representative? election and qualification of its chief executive and a majority of the members of its
Held: The provision of the section itself show that the 250 limit is not absolute. Sanggunian.
The Constitution clearly provides that the House of Representatives shall be
composed of not more than 250 members, "unless otherwise provided by law”. - It is an instrumentality of the state in carrying out the functions of
Therefore, the increase in congressional representation mandated by R.A. No.
government; it is a corporate entity with distinct and separate juridical personality
7675 is not unconstitutional. There is no mention in the assailed law of any
census to show that Mandaluyong and San Juan had each attained the minimum from the State, it exercises special functions for the sole benefit of its constituents
requirement of 250,000 inhabitants to justify their separation into two legislative
districts, unless otherwise proved that the requirements were not met, the said - an agency of the community in the administration of local affairs and the
Act enjoys the presumption of having passed through the regular congressional mediums through which the people act in their corporate capacity on local concerns.
processes., including due consideration by the members of Congress of the
minimum requirements for the establishment of separate legislative district. * A legislative apportionment does not mean, and does not even imply, a division of a
LGU where the apportionment takes place. Thus, the plebiscite requirement that
LEGISLATIVEDISTRICT – a political unit which is the basis for the election of a
applies to the division of a prov., City, muni or brgy. Under the LGC should not apply
member of the HoR and members of the local legislative body; not a political
to and be a requisite for the validity of a legislative apportionment or
subdivision through which functions of a government are carried out; not a corporate
reapportionment.
unit, rather a representative unit.
SECTION 6. No person shall be a Member of the House of Representatives
-it does not act for and in behalf of the people comprising the district; it merely
unless he is a natural-born citizen of the Philippines and, on the day of the
delineates the areas occupied by the people who will choose a representative in their
election, is at least twenty-five years of age, able to read and write, and, except
national affairs; it does not have its own chief executive.
the party-list representatives, a registered voter in the district in which he shall
be elected, and a resident thereof for a period of not less than one year
- Congressman’s role is to ensure that the voice of the people of the district is
immediately preceding the day of the election.
heard in Congress not to oversee the affairs of the legislative district.
SECTION 7. The Members of the House of Representatives shall be elected for
-it has no legal personality that must be created or dissolved and has no
a term of three years which shall begin, unless otherwise provided by law, at
capacity to act. (NO NEED FOR PLEBISCITE in the creation, dissolution or any
noon on the thirtieth day of June next following their election. No member of
other similar action on a legislative district)
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
LOCAL GOVERNMENT UNIT- are political and corporate units; they are territorial
considered as an interruption in the continuity of his service for the full term
and political subdivisions of the state.; they possess legal personality on the authority
for which he was elected.
of the Constitution and by action of Legislature; entities that Congress can, by law,
create, divide, abolish, merge, or whose boundaries can be altered based on
THE HOUSE OF REPRESENTATIVES
standards established by both Consti and Legis.; its existence begins upon the
Qualifications of members of the House of Repesentatives (Sec. 6) Term of office 3 years
1. Citizenship. Natural-born citizen Start of office At noon of June 30 next following their election, unless
2. Age. At least 25 years old at the day of election otherwise provided
3. Literacy. Able to read and write Allowable terms of Not more than three consecutive terms
4. Voter registration. In the district in which he shall be elected. service
5. Residency. Resident of the district for not less than one year immediately
The same rule applies as to voluntary renunciation.
preceding the day of the election
*legislative power remains limited in the sense that it is subject to substantive and
ROMUALDEZ-MARCOS VS COMELEC constitutional limitations which circumscribe both the exercise of the power itself and
Facts: Imelda Romualdez-Marcos filed her Certificate of Candidacy (COC) for the the allowable subjects of legislation
position of Representative of the First District of Leyte, stating that she is 7-months
resident in the said district. Montejo, incumbent Representative and a candidate for Party-List Representatives:
the same position, filed a Petition for Cancellation and Disqualification, alleging that 1. shall constitute 20% (50 out of 250 members) of the total number of
Imelda did not meet the constitutional one-year residency requirement. Imelda thus Representatives including those under the party-list (Article VI, Sec. 5(2)).
amended her COC, changing “seven” months to “since childhood.” 2. are entitled to a maximum of 3 seats. To be entitled to 1 seat, it must obtain
Issue: Was Imelda a resident, for election purposles, of the First District of Leyte
at least 2% of the total votes for the system.
for a period of one year at the time of the May 9, 1995 elections?
Held: Imelda was a resident of the First District of Leyte for election purposes, and 3. have the same deliberative rights, salaries, and emoluments as regular
therefore possessed the necessary residence qualifications to run in Leyte as a members of the House. But they are not entitled to the use of the
candidate for a seat in the House of Representatives for the following reasons: Countrywide Development Fund (CDF).
a. Minor follows the domicile of his parents. As domicile, once acquired is
retained until a new one is gained, it follows that in spite of the fact of RA No. 7941 is the legal basis for the Party-List system of representation which
petitioner's being born in Manila, Tacloban, Leyte was her domicile of origin defines the Party-List system as a mechanism of proportional representation in
by operation of law. This domicile was established when her father brought the election of Representatives to the House of Representatives from national,
his family back to Leyte. regional and sectoral parties or organizations or coalitions thereof registered
b. Domicile of origin is not easily lost. To successfully effect a change of with the COMELEC.
domicile, one must demonstrate:
1. An actual removal or an actual change of domicile; 2 percent threshold in the distribution of additional seats under RA7941deemed
2. A bona fide intention of abandoning the former place of residence and
unconstitutional ONLY IN RELATION TO THE DISTIRBUTION OF THE
establishing a new one; and
ADDITIONAL SEATS. IT presents an unwarranted obstacle to the full
3. Acts which correspond with the purpose.
implementation of Sec 5(2), Art 6of the Consti and prevents the attainment of “the
broadest possible representation of party, sectoral or group interests in the HoR. The
Composed of Not more than 250 members; elected in accordance
with the number of the respective inhabitants, and on SC ruled that the 2% threshold makes it mathematically impossible to achieve the
the basis of uniform and progressive ratio maximum number of available partylist seats when the number of available party list
seats exceeds 50. It frustrates the attainment of the permissive ceiling that 20% of The foregoing list can be expanded by the Congress ONLY. COMELEC
the members of the HoR shall consist of Party List representatives. cannot do it, unless upon express authority.
Qualified candidates under the Party-List system are those registered national, Procedure in the allocation of seats under the Party-List System
regional, or sectoral parties or organizations. They must be registered with the 1. Ranking from highest to the lowest based on the number of votes garnered
COMELEC. during the elections;
2. Those receiving at least 2% of the total votes cast for the Party-List system
Qualifications of Party-List Nominees
1. Natural-born citizens shall be entitled to one guaranteed seat each;
2. Registered voters 3. Those garnering sufficient number of votes, according to the ranking in par. 1,
3. Resident of the Philippines for at least one year immediately preceding the shall be entitled to additional seats in proportion to their total number of votes
day of the election until all the additional seats are allocated;
4. Able to read and write COMMON RIGHTS OF MEMBERS OF CONGRESS
5. Bona fide members of the arty or organization which they seek to represent
for at least 90 days preceding the day of the election; SECTION 8. Unless otherwise provided by law, the regular election of the
6. At least 25 years of age on the day of the election Senators and the Members of the House of Representatives shall be held on
7. In case of nominee of the youth sector, he must be between 25-30 years old the second Monday of May.
on the day of the election.
SECTION 9. In case of vacancy in the Senate or in the House of
Sectors that can participate or run under the Party-List system (LIPU WYFV Representatives, a special election may be called to fill such vacancy in the
HOPE) manner prescribed by law, but the Senator or Member of the House of
1. Labor Representatives thus elected shall serve only for the unexpired term.
2. Indigenous Cultural Communities
3. Peasant SECTION 10. The salaries of Senators and Members of the House of
4. Urban poor Representatives shall be determined by law. No increase in said compensation
5. Women shall take effect until after the expiration of the full term of all the Members of
6. Youth the Senate and the House of Representatives approving such increase.
7. Fisherfolk
8. Veterans
2nd Monday of May, unless otherwise provided by law, shall be the regular election
9. Handicapped
for Senates and House of Representatives (Article VI, Sec. 8).
10. Overseas workers
11. Professionals In case of vacancy, a special election MAY be called to fill such vacancy and the
12. Elderly elected shall serve only for the unexpired term (Article VI, Sec. 9).
Salaries of the Senators and Members of the HoR shall be determined by law. No JIMENEZ VS CABANGBANG
increase in compensation shall take effect until after the expiration of the full Facts: Cabangbang who was then a member of the House of Repesentatives caused the public
term of all the members of the Congress approving such increase. letter addressed to the Philippines. In said letter, Jimenez et. al. are allegedly accused for bei
conspiracy for a possible coup d’état.
No prohibition against decrease which takes effect immediately Issue: Is the open letter covered by the privileged communication?
Held: No. If the Senator or Congressman published the contents of his speech in
NOTE: Allowances are not part of salary.
the newspaper of general circulation, then that is already outside the Congress.
Constitution provides that until Congress provides otherwise annual salary shall be: He has no more protection.
Senate President and House Speaker – Php 240,000
Senators and Members of the House – Php 204,000
SECTION 12. All Members of the Senate and the House of Representatives
SECTION 11. A Senator or Member of the House of Representatives shall, in all shall, upon assumption of office, make a full disclosure of their financial and
offenses punishable by not more than six years imprisonment, be privileged business interests. They shall notify the House concerned of a potential
from arrest while the Congress is in session. No Member shall be questioned conflict of interest that may arise from the filing of a proposed legislation of
nor be held liable in any other place for any speech or debate in the Congress which they are authors.
or in any committee thereof.
SECTION 13. No Senator or Member of the House of Representatives may hold
any other office or employment in the Government, or any subdivision,
Parliamentary immunity is a legal immunity enjoyed by members of certain agency, or instrumentality thereof, including government-owned or controlled
legislatures, in which legislators are granted protection against civil or criminal corporations or their subsidiaries, during his term without forfeiting his seat.
liability for actions done or statements made in the course of their legislative duties.
Neither shall he be appointed to any office which may have been created or the
The purpose of freedom of arrest is to prevent the possibility that a legislative district emoluments thereof increased during the term for which he was elected.
may be deprived of its representation
A Senator or Member of the House of Representative shall, in ALL OFFENSES *incompatible offices and forbidden offices
punishable by not more than six years imprisonment, be privileged from arrest
What is prohibited is appointment of a member of Congress to an office created
WHILE CONGRESS IS IN SESSION. (Regardless of whether or not offenses is
during the term for which he was elected. If what is involved is an election position,
related in the exercise of their function)
then the prohibition does not apply.
PRIVILEGE SPEECHES allows a Senator not to be questioned nor be held liable in
Purposes of the prohibition
any other place for any speech o debate in the Congress or in any committee
1. To take away any improper bias in the vote of the members of Congress in
thereof. Guarantee not to be questioned is for any speech he delivered inside the
Congress, if the contents of his speech is in the newspaper of general circulation, it the passage of the law;
is already outside of Congress, therefore, no more protection. 2. To secure to the constituents some kind of solemn pledge of his
disinterestedness to any newly created office;
 3. To preclude undue influence in creating newly created office; and SECTION 15. The Congress shall convene once every year on the fourth
4. To prevent trafficking in public office. Monday of July for its regular session, unless a different date is fixed by law,
and shall continue to be in session for such number of days as it may
SECTION 14. No Senator or Member of the House of Representatives may determine until thirty days before the opening of its next regular session,
personally appear as counsel before any court of justice or before the exclusive of Saturdays, Sundays, and legal holidays. The President may call a
Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither special session at any time.
shall he, directly or indirectly, be interested financially in any contract with, or
in any franchise or special privilege granted by the Government, or any SECTION 16. (1) The Senate shall elect its President and the House of
subdivision, agency, or instrumentality thereof, including any government- Representatives its Speaker, by a majority vote of all its respective Members.
owned or controlled corporation, or its subsidiary, during his term of office. He
shall not intervene in any matter before any office of the Government for his Each House shall choose such other officers as it may deem necessary.
pecuniary benefit or where he may be called upon to act on account of his
office. (2) A majority of each House shall constitute a quorum to do business, but a
smaller number may adjourn from day to day and may compel the attendance
of absent Members in such manner, and under such penalties, as such House
Prohibition for members of the Congress
may provide.
1. To hold any other office or employment in the government, or any
subdivision, agency, or instrumentality thereof, including GOCCs or their
(3) Each House may determine the rules of its proceedings, punish its
subsidiaries, during his term without forfeiting his seat. (Incompatible offices)
Members for disorderly behavior, and, with the concurrence of two-thirds of all
2. Appointment to any office which may have been created or the emoluments
its Members, suspend or expel a Member. A penalty of suspension, when
thereof increased during the term for which he was elected. (Forbidden
imposed, shall not exceed sixty days.
offices)
3. To personally appear as counsel before any court of justice o before the
(4) Each House shall keep a Journal of its proceedings, and from time to time
electoral tribunals, or quasi-judicial and other administrative bodies. He can
publish the same, excepting such parts as may, in its judgment, affect national
still give legal advice.
security; and the yeas and nays on any question shall, at the request of one-
4. To directly or indirectly be interested financially in any contract with, o in any
fifth of the Members present, be entered in the Journal.
franchise or special privilege granted by the government, or any subdivision,
agency, or instrumentality thereof, including any GOCC, or its subsidiary,
Each House shall also keep a Record of its proceedings.
during his term of office.
5. To intervene in any matter before any office of the government for his (5) Neither House during the sessions of the Congress shall, without the
pecuniary benefit. 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.
 SECTION 17. The Senate and the House of Representatives shall each have an
Electoral Tribunal which shall be the sole judge of all contests relating to the
The Constitution empowers each House to determine its rules of proceedings,
election, returns, and qualifications of their respective Members. Each
through this it may ignore constitutional restraints or fundamental rights and there
should be a reasonable relation between the mode or method of proceedings Electoral Tribunal shall be composed of nine Members, three of whom shall be
established by the rule and the result which is sought to be attained. (page 195 read) Justices of the Supreme Court to be designated by the Chief Justice, and the
remaining six shall be Members of the Senate or the House of Representatives,
QUORUM as the case may be, who shall be chosen on the basis of proportional
- (in general) means ½ plus one of the members of the body; representation from the political parties and the parties or organizations
- number that enables the body to act; registered under the party-list system represented therein. The senior Justice
- determining factor is based upon the number of members over whom the in the Electoral Tribunal shall be its Chairman.
Senate has jurisdiction at the time of the session. (e.g. members abroad
or in detention are excluded) SECTION 18. There shall be a Commission on Appointments consisting of the
President of the Senate, as ex officio Chairman, twelve Senators and twelve
The power to punish members is an inherent power granted to the Congress Members of the House of Representatives, elected by each House on the basis
designed for self-preservation which the courts cannot ordinarily inquire into,
of proportional representation from the political parties and parties or
except if there is grave abuse of discretion amounting to lack of jurisdiction. It is
organizations registered under the party-list system represented therein. The
exercised under the doctrine of necessary implications.
Chairman of the Commission shall not vote, except in case of a tie. The
POWER TO SUSPEND BY Commission shall act on all appointments submitted to it within thirty session
CONGRESS SANDIGANBAYAN days of the Congress from their submission. The Commission shall rule by a
(Sec.16(3), Art. VI) (RA 3019) majority vote of all the Members.
imposed penalty for misbehavior not a penalty, but a preliminary,
preventive measure
SECTION 19. The Electoral Tribunals and the Commission on Appointments
needs concurrence of 2/3 of all
shall be constituted within thirty days after the Senate and the House of
members of each House
shall not exceed 60 days Representatives shall have been organized with the election of the President
and the Speaker. The Commission on Appointments shall meet only while the
DOCTRINE OF NECESSARYIMPLICATIONS (NATURE OF POWER OF Congress is in session, at the call of its Chairman or a majority of all its
CONGRESS TO PUNISH ITS MEMBERS – POWER EXPRESSLY GRANTED TO Members, to discharge such powers and functions as are herein conferred
IT BY CONSTITUTION) upon it.
-it is an inherent power designed for self preservation which cannot ordinarily inquire
into, except if there is grave abuse of discretion amounting to lack of jurisdiction. It
isone belonging to the legislative body which ordinarily cannot be reviewed by the ELECTORAL TRIBUNALS shall be the sole judge of all contests relating to the
courts, otherwise the courts would play or assume appellate jurisdiction. election, returns, and qualifications of the members of the Congress. It is an
independent and an impartial tribunal, and a non-partisan court. It is a non-political
body in the sea of politicians. Independent, jurisdiction is not to be shared by it with *members may not be terminated except for cause such as expiration of the
the Legislature nor with the Courts. (not to be reviewed by the SC) member’s term of office, death, permanent disability, resignation from the political
party he represents, formal affiliation with another political party or removal for valid
Composition of ET: 6 members from each House and 3 justices from the Supreme
Court cause. Member may not be expelled for disloyalty to the party.

Members of ET are entitled to security of tenure hence may only be terminated *power of review by the SC over electoral tribunals – lack or grave abuse of
due to the following grounds: discretion.; power of electoral commission is beyond judicial interference except, in
1. expiration of the member’s term of office any event, upon a clear showing of such arbitrary and improvident use of power as
2. death will constitute a denial of due process. The court does not venture to correct errors of
3. permanent disability independent branches of the Gov’t, it comes only when it has to vindicate a denial of
4. resignation from the political party he represents due process or correct an abuse of discretion so grave or glaring that no less than
5. formal affiliation with another political party the Constitution calls for remedial action.
6. removal for valid cause
*the court can exercise the power of judicial review in exceptional cases over the
The tribunal assumes jurisdiction only when the person has become a member of decisions of the ET (extraordinary jurisdiction)
Congress. The mere fact that a person has won in an election does not mean that he
is now a member of the Congress, he should be proclaimed first. *Read page 201

The exercise of power by the Electoral Commission has been described as intended Commission shall act on all appointments submitted to it within 30 session days of
to be complete and unimpaired as if it had originally remained in the Legislature. Congress from their submission.
EXCEPTION: WHEN the HRET and SET committed grave abuse of discretion GUINGONA VS GONZALES
amounting to lack or excess of discretion. Facts: To suffice the composition requirement of each House in the CoA, the
parties agreed to use the CoA formula: (No. of Senators of a Political Party x 12
Rules of electoral tribunals seats) / Total No. of Senators elected. Such would produce 7.5 members for LDP,
2.5 members for NPC, 1.5 members for Lakas-NUCD, and 0.5 members for LP-
Ex necessitae rei – the power regulative in character to limit the time within which PDP-Laban. Tañada claims that 8 should represent LDP to the CoA, rounding up
protests entrusted to its cognizance should be filed. the result.
Issue: Is rounding off allowed?
ANGARA VS COMELEC Held: To resolve this, the parties may coalesce with each other in order to come
up with the proportional representation, especially since one party may have
It is a settled rule of construction that where a general power is conferred or duly affiliations with the other party.
enjoined, every particular power necessary for the exercise of one or the
performance of the other is also conferred. Guidelines in the election of members of CoA
 1. In the Senate, a political party or coalition must have at least 2 duly elected The power of inquiry with process to enforce is an essential and appropriate
Senators for every seat in the Commission on Appointments. auxiliary to the legislative function. It covers officials of the executive branch.
2. Where there are more than two political parties represented in the Senate, a
ARNAULT VS NAZARENO
political party/coalition with a single Senator in the Senate cannot A legislative body cannot legislate wisely and effectively without the power of
constitutionally claim seat at the Commission on Appointments. information on matters subject of legislation. The power of inquiry with process to
enforce it is an essential and appropriate auxiliary to the legislative function. Some
Filling up 12 seats in the Commission of Appointments is NOT MANDATORY. The
means of compulsion is essential to obtain what is needed. This power is not
overriding directive of the Constitution is that there must be a proportional
absolute or unlimited, the investigation must be in aid of legislation in accordance
representation of the political parties. It can perform its functions even if not fully
with its duly published rules on procedure and that the rights of persons appearing in
constituted, so long as it has the required quorum which is less than the full
or affected by such inquiries shall be respected.
complement fixed by the Constitution.
Limitations on the power of Congress to investigate
SECTION 20. The records and books of accounts of the Congress shall be
1. Bill of Rights
preserved and be open to the public in accordance with law, and such books
2. Personal matters
shall be audited by the Commission on Audit which shall publish annually an
3. Matters not within Congress’ power to legislate
itemized list of amounts paid to and expenses incurred for each Member.
4. Cases pending in court because of the principle of separation of powers
SECTION 21. The Senate or the House of Representatives or any of its Purposes of Congressional inquiries
respective committees may conduct inquiries in aid of legislation in 1. Gather information for the enactment of laws
accordance with its duly published rules of procedure. The rights of persons 2. Check the performances of agencies of the government
appearing in or affected by such inquiries shall be respected. 3. To check the consequences or reactions of the public on laws passed
4. To check how money is being spent
SECTION 22. The heads of departments may upon their own initiative, with the
consent of the President, or upon the request of either House, as the rules of *The operation of Government, being a legitimate subject for legislation, is a proper
each House shall provide, appear before and be heard by such House on any subject for investigation.
matter pertaining to their departments. Written questions shall be submitted to For compliance with due process, the Congress must first effect the publication
the President of the Senate or the Speaker of the House of Representatives at of its rules of investigation in aid of legislation.
least three days before their scheduled appearance. Interpellations shall not be
limited to written questions, but may cover matters related thereto. When the NOTE: The law does not make the internet a medium for publishing laws, rules
security of the State or the public interest so requires and the President so and regulations.
states in writing, the appearance shall be conducted in executive session. EXECUTIVE PRIVILEGE is the power of the Government to withhold information
from the public, the courts, and the Congress. The necessity must be of such high
degree so as to outweigh the public interest in enforcing that obligation in a particular - pertains to communications, documents and other materials that reflect
case. presidential decision-making and deliberations and what the President
believes should remain privileged and/or confidential
Distinction between Section 21 and 22 of Art. 6 of the Constitution
- invocation must be accompanied by specific reasons and limited to
SECTION 21 SECTION 22 the President (Executive Secretary may only invoke such upon order of
relates to the power to power to conduct a the President).
conduct inquiries in aid question hour 2. Deliberative process privilege
of legislation (information for the
pursuit of Congress’ - includes advisory opinions, recommendations, and deliberations
oversight function) comprising part of a process by which governmental decisions and
executive officials CAN executive officials policies are formulated.
be compelled to appear CANNOT be compelled
(In case of refusal, may to appear (Based on Written questions shall be submitted to the President of the Senate or the Speaker of
be cited for in contempt separation of powers) the House of Representatives at least 3 days before their scheduled appearance.
and be detained.) Interpellations shall not be limited to written questions.

PRESIDENTIAL COMMUNICATIONS PRIVILEGE is a way of preserving the Declaration of the existence of a state of war is granted to the Congress, by a
confidentiality of conversations that take place in the President’s performance of his vote of 2/3 of both Houses in joint session assembled, voting separately. The
official duties. Congress cannot declare war.
The repository of emergency powers is Congress and is delegated to the President
Elements of Presidential Communications Privilege because during such time of war, Congress cannot be in session.
1. must be authored/solicited/received by someone in operational proximity to
the President APPROPRIATIONS BILL has the primary and specific aim of appropriating a sum of
2. relates to a quintessential and non-delegable Presidential power (ex. money from the public treasury.
Commander-in-Chief powers, appointment and removal, power to grant REVENUE BILL is one that is specifically designed to raise money or revenue
pardons and reprieves, sole authority to receive ambassadors and other through imposition or levy.
public officers, power to negotiate treaties)
A local revenue, tariff or tax measure, bills increasing public indebtedness and
3. remains a qualified privilege that may be overcome by a showing of adequate
private bills must originate from the Lower House. Senate is NOT PROHIBITED
need such that the information sought likely contains important evidence and
from filing a substitute bill (also known as amendment by substitution). However, it
by the unavailability of the information elsewhere by an appropriate
must not act on it pending the receipt of the House version.
investigating body RATIONALE: (1) Lower House is more numerous in number therefore more
representative of the people (2) Lower House is presumed to be more familiar with
Two Kinds of Executive Privilege
the needs of the country
1. Presidential communications privilege
Congress CANNOT INCREASE the appropriations measure submitted y the the two versions and it is given the blanket authority to negotiate and reconcile the
President, but it can ONLY DECREASE the same as form of check and balance by bills. The Bicameral Conference Committee report would then have to be submitted
Congress. for approval (no need to takes yeas and nays again).
ONE TITLE-ONE SUBJECT RULE is intended to: Kinds of Conference Committees:
1. Free (no instructions)
1. prevent “log-rolling” or the smuggling in of riders or items that are unrelated to
2. Instructed (given instructions by their parent bodies)
the bill itself which would not have been passed had they not been sneaked
to the bill; How a bill becomes a law
2. prevent surprise or fraud upon the legislature by means of provisions in bills 1. The proposed bill is signed by its author and filed with the Secretary of the
of which titles gave no information, and which might therefore be overlooked either the Lower House (for congressmen) or the Senate (for senators).
and carelessly and intentionally adopted; 2. The bill will go through three readings. On the First Reading, the number
3. fairly apprise the people of the subjects of legislation that are being and title of the bill is read, followed by its referral to the appropriate committee
for study.
considered in order that they may have the opportunity of being heard
3. On the Second Reading, the bill is read in full along with amendments
thereon by petition or otherwise, if they shall so desire. proposed by the committee who studied it. The bill is then subjected to
debates and discussion by the members of the House where it was filed.
Purpose of the 3 readings on separate days of a bill After extensive discussion, the bill will be voted on. If approved, it would go
1. To inform the members of Congress of what they must vote on; through a third reading.
2. To give them notice that a measure is progressing through the enacting 4. On Third Reading, the bill will be submitted for a final vote. If approved again,
process, thus, enabling them and others interested in the measure, to it shall be transmitted to the other House for concurrence. The other House
prepare their position in reference to it. will go through the same process of having three readings.
5. If the other House introduces amendments and the House from which the bill
originated does not approve of the amendments, the differences will be
Two conditions before a bill becomes a law (Sec. 26 (2), Art. VI) settled by a meeting of the Conference Committees of both Houses, whose
1. The bill has passed 3 readings on separate days; recommendations will have to be approved by both Houses.
2. Has been printed in its final form and distributed 3 days before it is finally 6. Once the bill is approved, it is transmitted to the President of the Philippines
for signature. The President may then either sign the bill to indicate approval,
approved
or veto the bill to indicate disapproval. If approved, the bill officially becomes
a law.
NOTE: Exception for above-stated conditions when the President certifies to 7. If the President decides to exercise his veto powers, the Congress may re-
the necessity of its immediate enactment to meet a public calamity or pass the vetoed bill if two-thirds of both Houses, voting separately,
emergency. Such a law is required to be made within 7 days of the approve its enactment. In this case, the bill also officially becomes a law.
convening of Congress.
GR: A bill may not become a law without the approval of the President.
CONFERENCE COMMITTEE is composed of members of both chambers of EXC: (1) Veto of the President is overridden;
Congress who will make recommendations to the two chambers on how to reconcile
 (2) President does not act on it within 30 days after receipt SC have said, clear and explicit, would be to violate both the letter and the spirit of the organic
(3) It is a bill repealing the emergency powers granted to the President which the Philippine Government was brought into existence, to invade a coordinate and inde
(4) When the bill calls for a special election to elect a President and Vice- department of the Government, and to interfere with the legitimate powers and functions of the Legi
President.
Matters that are required to be entered on the Journal
SELECTIVE VETO POWER is when the President vetoes a particular item or items 1. The yeas and nays on the third and final recording of a bill;
in an appropriation, revenue or tariff bill, but the veto shall not affect the item or items 2. The yeas and nays on any question, at the request of 1/5 of the members
to which he does not object.
present
VETO MESSAGE is the justification by the President addressed to the Congress 3. The yeas and nays upon repassing a bill over the President’s veto
when he disapproves the bill. 4. The President’s objection to a bill he had vetoed

POCKET VETO is one in which the President does not act on a bill passed by ITEM IN A REVENUE BILL refers to the subject of the tax and the tax rate.
Congress resulting in the disapproval of the bill. This is not allowed under the RIDER is a new and completely unrelated provision attached to the appropriations
Constitution. law and therefore, violative of the rule that no bill may be enacted into law which
Each House of the Congress shall keep a Journal of its proceedings, and from time shall embrace more than one subject which shall be contained in the title thereof.
to time publish the same, excepting such pats as may, in its judgment, affect national (See Garcia vs. Mata)
security, and the yeas and nays on any question shall, at the request of 1/5 of the Congress shall evolve a progressive system of taxation. No law granting any tax
Members present, be entered in the Journal. exemption shall be passed without the concurrence of a majority of all the members
ENGROSSED OR ENROLLED BILL is a bill passed by both Houses of Congress. of the Congress.
Under the enrolled bill doctrine, the signing of the bill by the Speaker of the House RA 6735 – THE INITITIATIVE AND REFERENDUM ACT
and the President of the Senate and the certification by the secretaries of both
Houses of Congress that it was passed on a certain date are conclusive on its due
enactment. INITIATIVE REFERENDUM
GR: In case of conflict, enrolled bill shall prevail over the journal. is the power of the people to is the process by which any act or law or
propose and enact legislation part thereof is passed by Congress or by
US VS PONS through an election called for the
a legislative body is submitted to the
Facts: Pons argues Act No. 2381 to be null and void. He said that his witnesses purpose. people for their approval or disapproval.
claim that the said law was passed/enacted on March 1, 1914 while the special entirely work of the electorates.
begun and consented by the law-making
session of the Commission was adjourned at 12MN on February 28, 1914. body.
Issue: WON SC must go beyond the recitals of the Journals to determine if At done without participation and consists merely of the electorate
2381 was indeed made a law on February 28, 1914? against the wishes of their approving or rejecting what has been
Held: SC refused to go beyond the recitals in the legislative journals. The said journals areRepresentatives.
conclusive on drawn up.
the Court and to inquire into the veracity of the journals of the Philippine Legislature, when they are, as the
SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in joint National Treasurer, or to be raised by a corresponding revenue proposed
session assembled, voting separately, shall have the sole power to declare the therein.
existence of a state of war.
(5) No law shall be passed authorizing any transfer of appropriations; however,
(2) In times of war or other national emergency, the Congress may, by law, the President, the President of the Senate, the Speaker of the House of
authorize the President, for a limited period and subject to such restrictions as Representatives, the Chief Justice of the Supreme Court, and the heads of
it may prescribe, to exercise powers necessary and proper to carry out a Constitutional Commissions may, by law, be authorized to augment any item
declared national policy. Unless sooner withdrawn by resolution of the in the general appropriations law for their respective offices from savings in
Congress, such powers shall cease upon the next adjournment thereof. other items of their respective appropriations.

SECTION 24. All appropriation, revenue or tariff bills, bills authorizing increase (6) Discretionary funds appropriated for particular officials shall be disbursed
of the public debt, bills of local application, and private bills shall originate only for public purposes to be supported by appropriate vouchers and subject
exclusively in the House of Representatives, but the Senate may propose or to such guidelines as may be prescribed by law.
concur with amendments.
(7) If, by the end of any fiscal year, the Congress shall have failed to pass the
SECTION 25. (1) The Congress may not increase the appropriations general appropriations bill for the ensuing fiscal year, the general
recommended by the President for the operation of the Government as appropriations law for the preceding fiscal year shall be deemed reenacted and
specified in the budget. The form, content, and manner of preparation of the shall remain in force and effect until the general appropriations bill is passed
budget shall be prescribed by law. by the Congress.

(2) No provision or enactment shall be embraced in the general appropriations SECTION 26. (1) Every bill passed by the Congress shall embrace only one
bill unless it relates specifically to some particular appropriation therein. Any subject which shall be expressed in the title thereof.
such provision or enactment shall be limited in its operation to the
appropriation to which it relates. (2) No bill passed by either House shall become a law unless it has passed
three readings on separate days, and printed copies thereof in its final form
(3) The procedure in approving appropriations for the Congress shall strictly have been distributed to its Members three days before its passage, except
follow the procedure for approving appropriations for other departments and when the President certifies to the necessity of its immediate enactment to
agencies. meet a public calamity or emergency. Upon the last reading of a bill, no
amendment thereto shall be allowed, and the vote thereon shall be taken
(4) A special appropriations bill shall specify the purpose for which it is immediately thereafter, and the yeas and nays entered in the Journal.
intended, and shall be supported by funds actually available as certified by the
SECTION 27. (1) Every bill passed by the Congress shall, before it becomes a (4) No law granting any tax exemption shall be passed without the concurrence
law, be presented to the President. If he approves the same, he shall sign it; of a majority of all the Members of the Congress.
otherwise, he shall veto it and return the same with his objections to the House
where it originated, which shall enter the objections at large in its Journal and SECTION 29. (1) No money shall be paid out of the Treasury except in
proceed to reconsider it. If, after such reconsideration, two-thirds of all the pursuance of an appropriation made by law.
Members of such House shall agree to pass the bill, it shall be sent, together
with the objections, to the other House by which it shall likewise be (2) No public money or property shall be appropriated, applied, paid, or
reconsidered, and if approved by two-thirds of all the Members of that House, employed, directly or indirectly, for the use, benefit, or support of any sect,
it shall become a law. In all such cases, the votes of each House shall be church, denomination, sectarian institution, or system of religion, or of any
determined by yeas or nays, and the names of the Members voting for or priest, preacher, minister, or other religious teacher, or dignitary as such,
against shall be entered in its Journal. The President shall communicate his except when such priest, preacher, minister, or dignitary is assigned to the
veto of any bill to the House where it originated within thirty days after the date armed forces, or to any penal institution, or government orphanage or
of receipt thereof; otherwise, it shall become a law as if he had signed it. leprosarium.

(2) The President shall have the power to veto any particular item or items in (3) All money collected on any tax levied for a special purpose shall be treated
an appropriation, revenue, or tariff bill, but the veto shall not affect the item or as a special fund and paid out for such purpose only. If the purpose for which
items to which he does not object. a special fund was created has been fulfilled or abandoned, the balance, if any,
shall be transferred to the general funds of the Government.
SECTION 28. (1) The rule of taxation shall be uniform and equitable. The
Congress shall evolve a progressive system of taxation. SECTION 30. No law shall be passed increasing the appellate jurisdiction of
the Supreme Court as provided in this Constitution without its advice and
(2) The Congress may, by law, authorize the President to fix within specified concurrence.
limits, and subject to such limitations and restrictions as it may impose, tariff
rates, import and export quotas, tonnage and wharfage dues, and other duties SECTION 31. No law granting a title of royalty or nobility shall be enacted.
or imposts within the framework of the national development program of the
Government. SECTION 32. The Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions therefrom, whereby the people
(3) Charitable institutions, churches and parsonages or convents appurtenant can directly propose and enact laws or approve or reject any act or law or part
thereto, mosques, non-profit cemeteries, and all lands, buildings, and thereof passed by the Congress or local legislative body after the registration
improvements, actually, directly, and exclusively used for religious, charitable, of a petition therefor signed by at least ten per centum of the total number of
or educational purposes shall be exempt from taxation. registered voters, of which every legislative district must be represented by at
least three per centum of the registered voters thereof.