ARTICLE 6: THE LEGISLATIVE DEPARTMENT SECTION 1: LEGISLATIVE POWER Grant of Quasi Legislative Power; In General ; LGU and Administrative

Bodies RUBI V. PROVINCIAL BOARD OF MINDORO Legislative power cannot be delegated unless it is sanctioned by immemorial practice. What is delegated is the rule-making power, not the law-making power. ANTIPOLO REALTY V. NHA Delegation of quasi-judicial powers to administrative agencies is needed because special competence and experience to resolve questions, which are complex and specialized in character. PITC V. ANGELES Grant of quasi-legislative powers in administrative bodies is not unconstitutional; specialization and expertise can be expected from administrative bodies, thus in a better position to regulate/legislate. ATITIW V. ZAMORA The repealing power of the legislature is not limited to the laws enacted by it. Executive orders promulgated by the president the exercise of her legislative power under Freedom Constitution, it is no different from other laws. SEC V. INTERPORT Absence of IRRs will not invalidate a law especially when the provisions of the law provide a reasonable construction for its implementation Issues on Delegation of Power VALID DELEGATION PEOPLE V. ROSENTHAL There is no undue delegation of authority since there is a stated criterion public interest. Insular treasurer required licenses on trading speculative securities (Blue Sky Law) ARANETA V. GATMAITAN (Trawl Fishing in SMB) Exercise of authority by the president does not constitute undue delegation of legislative power. Congress enacted Act 4003 giving the Secretary of Agriculture and Natural Resources authority to promulgate regulations restricting the use of any fish net of fishing device and to establish fishery reservations or fish refuges. PEOPLE V. MACEREN (Electro Fishing in Laguna) An administrative body acts beyond its authority when it declares what acts should constitute a criminal offense. It cannot prohibit what the legislature does not expressly prohibit. AGUSTIN V. EDU (Early Warning Devices) The state has the authority to enact legislation that may interfere with personal liberty or property in order to promote the general welfare. Furthermore, in Edu v. Ericta, the Courts sustained the validity of the Reflector Law. It can be seen that the legislative objective of the said law is public safety FREE TELEPHONE WORKERS V. MINISTER OF LABOR There is no undue delegation of legislative powers to the Minister of Labor when it is empowered by Congress to assume jurisdiction over labor disputes affecting national interest EASTERN SHIPPING LINES V. POEA (Death Benefits for Overseas Workers) There is no violation of the non-delegation of the legislative power because administrative agencies have the power of subordinate legislation where in they are given the authority to issue rules only to carry out the general provisions of law. Specialization has become necessary in legislation. TABLARIN V. GUTIERREZ (National Medical Exam as Requirement for College Admission) The standard need not have to be spelled out specifically. It could be implied from the policy and the purpose of the act. Standards: protecting the health and safety of the public through imposing requirements for the admission into Med Schools. GUINGONA V. CARAGUE (Automatic Appropriations for International/Local Debt) The standard need not be expressly provided. It is a valid standard for as long as it is certain and determinable. CONFERENCE OF MARITIME MANNING AGENCIES, INC. V. POEA (Compensation Rates) The Congress may constitutionally delegate the authority to promulgate rules and regulations to implement a given legislation and effectuate its policies (such as fixing the compensation rates) OSMENA V. ORBOS (Oil Price Stabilization Fund) As long as there is a sufficient standard in the exercise of administrative functions (even if it constitutes collection of additional amounts as if they were taxes), there is no undue delegation of power VIOLA V. ALUNAN (Barangay Elections) Power to create additional positions in baranggay elections is not undue delegation of power especially

when it is provided in the Law (LGC of 1991) MARCOS V. COURT OF APPEALS (Monetary Board) To prepare and issue rules and regulations necessary for the effective discharge of the responsibilities and exercise of the powers assigned to a government authority is not a violation of the undue delegation of power FERNANDEZ V. STO TOMAS Power to make changes in organizational structure as the need arises was a valid delegation of legislative power of the Congress to the Commission insofar as to promote efficiency in service of the Commission. CHONGBIAN V. ORBOS Authority to reorganize the different executive departments, bureaus, agencies and instrumentalities of the government does not constitute as undue delegation of legislative power to promote simplicity, economy and efficiency in the government. RODRIGO JR. V. SANDIGANBAYAN There is no undue delegation of legislative power when the administrative body merely fills in the details of the law. With their specialized knowledge, administrative agencies are more up to tasks involving their expertise. ABAKADA V. ERMITA There is a delegation of ascertainment of facts upon which the enforcement and administration of the increase rate under the law is contingent. The legislature has made the 12% rate contingent upon a specified fact or condition, which is outside of the control of the executive. There is no discretion that is exercised by the President. BELTRAN V. SECRETARY OF HEALTH There is no undue delegation of legislative power when there was nothing was left to the judgment of the administrative body or any other appointee or delegate of the Legislature, except as to matters of detail which may be left to be filled in by rules and regulations to be adopted or promulgated by executive officers and administrative boards. The intent to safeguard the health of the people is a sufficient standard. BAYAN, KARAPATAN, KILUSANG MAGBUBUKID NG PILIPINAS (KMP) V. ERMITA In the issuance of permits for rally, there is no undue delegation of power to the mayor because the standard of the prevention of a clear and present danger or an imminent and grave danger of a substantive evil is a sufficient standard. GEROCHI V. DOE There is no undue delegation of legislative power in the imposition of a universal charge because such charges are within the legislative bounds of the completeness and sufficiency tests TONDO MEDICAL V. CA The president is empowered to reorganize the administrative bodies under its office, and the functions of which are subjected to how the president sees to their effectiveness and efficiency. MALARIA EMPLOYEES AND WORKERS ASSOCIATION OF THE PHILIPPINES, INC. (MEWAP) V. ROMULO While the power to abolish an office is generally lodged with the legislature, the authority of the President to reorganize the executive branch is permissible under our present laws. ANAK MINDANAO PARTY-LIST GROUP V. THE EXECUTIVE SECRETARY The Constitution confers, by express provision, the power of control over executive departments, bureaus and offices in the President. ABAKADA GURO PARTY LIST V. PURISIMA SOCIAL JUSTICE SOCIETY (SJS) VS DANGEROUS DRUGS BOARD If congress cannot require a candidate for senator to meet such additional qualification, the COMELEC, to be sure, is also without such power. UNDUE DELEGATION PEOPLE V. VERA There is an undue delegation of power when the law does not, by the force of any of its provisions, fix and impose any standard or guide in the exercise of discretionary power, the applicability and application of an act rests entirely in the hands of the administrative body. US V. BARRIAS Philippine Customs Administration is clearly authorized to issue licenses for prescribed vessels provided by its laws of creation. To execute this, the PCA is allowed to issue such necessary rules and regulations. US V. PANLILIO (Delegated Power to Criminalize)

When it is apparent that the law has no prescribed period for the imposable penalty of imprisonment, with neither a minimum nor a maximum duration having set by the legislative authority. The courts are given discretion to fix the term of imprisonment w/o the benefit of any standard is an undue delegation of power. PEOPLE V. DACUYCUY When it is apparent that the law has no prescribed period for the imposable penalty of imprisonment, with neither a minimum nor a maximum duration having set by the legislative authority. The courts are given discretion to fix the term of imprisonment w/o the benefit of any standard is an undue delegation of power. CEBU OXYGEN V. DRILON (Implementing Law Void) It is a fundamental rule that implementing rules cannot add or detract from the provisions of law it is designed to implement. YNOT V. INTERMEDIATE APPELLATE COURT (disposition of confiscated property) There is an invalid delegation of legislative powers to the officers granted unlimited discretion in the distribution of the properties arbitrarily taken. There are no reasonable standard and guidelines. TATAD V. SEC OF DOE The President stretched the standards set by the Congress when it included the depletion of the OPSF as a factor to be considered by the DOE and the Office of the President in EO 392 as a pre-condition for the deregulation. The Executive does not have the right to add or subtract the standards set in RA 8180. SECTION 5: COMPOSITION OF THE HOUSE OF REPRESENTATIVES Apportionment and Representation VETERANS FEDERATION PARTY V COMELEC 4 PRINCIPLES IN PARTY LIST 1) 20% allocation, including those elected under the party list. 2) 2% threshold = qualified , guaranteed 1 qualifying seat 3) 3-seat limit = each qualified party entitled to 2 additional seats 4) Proportional Representation = additional seats computed in proportion to total number of votes. ANG BAGONG BAYANI V. COMELEC Qualification of parties: 1) Party must truly represent the marginalized and underrepresented sectors 2) Major political parties allowed but they must still represent the marginalized 3) Religious sector may not be represented but a religious leader may be a nominee 4) Must not be disqualified under Sec 6 RA 7941 5) Must be independent from the government (not adjunct, not funded, not assisted) 6) Nominees must themselves be qualified (age, residence, citizenship) 7) Nominees must belong to the marginalized/underrepresented 8) Nominee must be able to contribute to appropriate legislation BANTAY V. COMELEC Fundamental right to information of matters of national interest surpasses the non-disclosure policy of COMELEC. The people also have the right to elect their representatives on the basis of an informed judgment. AKLAT V. COMELEC A business interest or economic lobby group, which seeks the promotion and protection of the book publishing industry, does not represent the marginalized and underrepresented. COMELEC can refuse to register them as a party list. TOBIAS V. ABALOS Converting Mandaluyong into a city separate from San Juan is constitutional despite the low turnout for the plebicite because it is the constitutional duty of the Congress to apportion legislative district. MARIANO V. COMELEC Reapportionment of legislative districts may be made through a special law. With regards to Section 5 (3) Article VI of the Constitution, Makati has met the minimum population requirement of 250,000. SAMSON V. AGUIRRE Certifications of the requirements for reapportionment of legislative districts may not be written. Sworn statements of the DBM, DILG, NSO, are sufficient. MONTEJO V. COMELEC Reapportionment can only be done by special law enacted by congress. Comelec can make only minor adjustments with regard to the organization of districts and municipalities, this does not include the transfer of any municipality from one district to another. HERRERA V. COMELEC

Reapportionment should be based on the total number of constituents, not the total number of voters. SEMA V. COMELEC An act that grants the ARMM the power to create provinces is unconstitutional because a province could not be created without a legislative district. The power to increase the allowable membership in the House of Representatives, as well as the power to reapportion legislative districts, is vested exclusively in Congress. BAGABUNGO V. COMELEC A plebiscite is needed when there is a modification of an LGUs corporate existence (such as the conversion of it into a highly urbanized city. Reapportionment does not qualify under this modification.) SECTION 6: QUALIFICATIONS OF DISTRICT AND PARTY-LIST REPRESENTATIVES Citizenship BENGZON V. CRUZ A natural born Filipino took an oath of allegiance was made to the US without the consent of the Republic of the Philippines will reacquire his original nationality/citizenship as if he never lost it and regain his natural born state through repatriation. Domicile and Residence AQUINO V. COMELEC When the law speaks of the residence requirement, it pertains to the domicile, where one has the intention of returning. Mere lease of a house does not constitute a domicile. MARCOS V. COMELEC When a person never loses his domicile, the physical residence requirement is irrelevant, because he is deemed to have never left that place. DOMINO V. COMELEC A person is deemed to establish his domicile where he is a registered voter. PEREZ V. COMELEC The residence requirement means a person should be a resident thereof for a period not less than a year immediately preceding the day of the election. Other evidence such as receipts for house payments and birth certificate of children in the domicile are sufficient evidence. Additional Qualification SOCIAL JUSTICE SOCIETY V. DANGEROUS DRUGS BOARD The Congress cannot validly amend or otherwise modify these qualification standards, as it cannot disregard, evade or weaken the force of a constitutional mandate, or alter or enlarge the Constitution. If congress cannot require a candidate for senator to meet such additional qualification, the COMELEC, to be sure, is also without such power. SECTION 7: TERM OF REPRESENTATIVES DIMAPORO V. MITRA The filing of candidacy for another position is interpreted as voluntary renunciation of office, which is a concept within the Constitution. SECTION 9: FILLING-IN VACANCIES LUCERO V. COMELEC Requisites of a Special Election: 1. A failure of election in a particular area 2. Such failure would affect the outcome of the election TOLENTINO V. COMELEC Failure to give notice of time of special election does not invalidate the election unless it is proven that the failure to give notice was meant to mislead the people. OCAMPO V. HRET If the winning candidate is not qualified for the office to which he was elected, a permanent vacancy is thus created. The second placer lost the elections he was repudiated by the majority or the plurality of voters. Therefore, he could not be proclaimed the winner, as he could not be considered first among the qualified candidates. To rule otherwise is to misconstrue the nature of the democratic electoral process. SECTION 11: IMMUNITIES AND PRIVILEGES Privilege From Arrest PEOPLE V. JALOSJOS Privilege to be free from arrest applies only if the offense is punishable by less than 6 years of imprisonment. TRILLANES V. PIMENTEL

Parliamentary Freedom of Speech and Debate JIMENEZ V. CABANGBANG Communication is only privileged if it was done in performance of an official duty, either as a member of congress or a member of any committee thereof SECTION 14: PROHIBITIONS LAWYER LEGISLATORS / CONFLICT OF INTERESTS PUYAT V. DE GUZMAN Direct or indirect appearance as counsel of lawyer legislators before any administrative body is prohibited. That which the constitution directly prohibits may not be done by indirect means. SECTION 16: OFFICERS AND INTERNAL BUSINESS Officers of Congress DEFENSOR-SANTIAGO V. GUINGONA While The Constitution mandates that the senate president must be elected by a number constituting more than half of the members thereof (majority), it does not provide that the members who will not vote for him shall constitute as the minority. No law or regulation states that the defeated candidate shall automatically become the minority leader. Meaning of a quorum to do business and compulsion to attend AVELINO V. CUENCO A majority of all the members constitute a quorum to do business, not all the members of the House. A senator out of the country is not counted in the computation of a majority because he is out of the coercive power of the senate. PEOPLE V. JALOSJOS The members of Congress cannot compel absent members to attend sessions if the reason for the absence is a legitimate one. ABSENCE IS A LEGITIMATE ONE. The confinement of a Congressman charged with a non-bailable offense (more than 6 years) is certainly authorized by law, and has constitutional foundations. Internal Rules and Discipline ARROYO V. DE VENECIA A violation of house rules is not a violation of the constitution itself. The rules adopted by deliberative bodies (such as the House) are subject to revocation, modification, or waiver by the body adopting them. They may be waived or disregarded by the legislative body. Mere failure to conform to parliamentary usage will not invalidate the action, when the requisite number of members have agreed to a particular measure. OSMENA V. PENDATUN Parliamentary immunity guarantees the legislator complete freedom of expression before the courts or any other forum, but it does not protect him from responsibility before the legislative body itself whenever his words and conduct are considered disorderly or unbecoming a member thereof. SANTIAGO V. SANDIGANBAYAN A preventive suspension imposed by the SB is not a penalty because it is not imposed as a result of judicial proceedings. It is distinct from the power of congress to discipline its own ranks (punitive). Duty to Keep Journals and Records US V. PONS Journals are conclusive evidence. Courts are bound to take judicial notice thereof. Extraneous evidence cannot be admitted. CASCO PHIL COMMERCIAL CO V. GIMENEZ Enrolled bill doctrine is conclusive upon the courts except in matters that have to be entered in the journals like the yeas and nays on the final reading of the bill.. If there has been any mistake in the printing of the bill, before it was certified by the officers of Congress and approved by the President, the remedy is by amendment or curative legislation, not by judicial legislation. MORALES V. SUBIDO With respect to matters not expressly required to be entered on the journal, the enrolled bill prevails in the event of discrepancy. ASTORGA V. VILLEGAS An enrolled bill ceases to be conclusive evidence when the President of the Senate or the Speaker of the House of representatives withdraws his signature. PHIL JUDGES ASSOCIATION V. PRADO Both the enrolled bill and the Legislative journal certify that the measure was duly enacted. ABAKADA V. ERMITA SECTION 17: SENATE AND HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL

Jurisdiction of Electoral Tribunal ANGARA V. ELECTORAL COMMISSION The purpose of the electoral commission is to give all the powers exercised by the assembly referring to the elections, returns and qualifications of its members, and shall decide w/n decision is contested VERA V. AVELINO The electoral commission has the power to be the sole judge of all contests. Election contests relate only to statutory contests where the defeated candidate challenges the credentials of a member in order not only to dislodge him but take his seat, the legislative, in the exercise of its inherent right of self-preservation, may inquire into the credentials of a member and judge his qualifications CHAVEZ V. COMELEC No pre-proclamation controversies are allowed for the president, vice president and congress except in the case of manifest errors in the COCs or election returns. Errors which cannot be verified except by opening the ballot boxes are not manifest errors AQUINO V. COMELEC ET assumes jurisdiction over all contests relative to the election only when they have become proclaimed PEREZ V. COMELEC Evidence like the birth certificates of children containing their domicile is sufficient evidence GARCIA V. HRET Due to the nature and importance of the charge, the HRET rules of procedure must be taken seriously RASUL V. COMELEC ETs can only take cognizance of a case regarding elected or proclaimed members of the house GUERRERO V. COMELEC The word qualification should not be taken so literally. The HRET has jurisdiction with regards to COCs VILLAROSA V. HRET Nicknames are allowed only by which the candidate is generally or popularly known. Only one is allowed AGGABAO V. COMELEC HRET has sole jurisdiction of all contests relating to elections, returns and qualifications of the members of the Senate and the House BARBERS V. COMELEC An incomplete canvass is illegal and cannot be made the basis of a subsequent proclamation. Only allowed if the election returns missing or not counted will affect the result of the election ROCES V. HRET Composition ABBAS V. SET The judicial and legislative components commonly share the duty and authority of all contests relating to the election. The proposed mass disqualification would have the tribunal no alternative but to abandon a duty that no other court can perform PIMENTEL V. HRET The constitution expressly grants to the house the prerogative, within constitutionally defined limits, to choose from among its district and party list reps those who may occupy the allocated seats in the HRET and CA Independence BONDOC V. PINEDA The expulsion of Camasura is a clear impairment of the tribunals prerogative to be the sole judge of all election contests Action / Decision ROBLES V. HRET Court has authority to look into the ET over actions where there may have been GADALEJ ARROYO V. HRET Rules of evidence may be made applicable in a suppletory manner to HRET rules in judging the correct # of votes for each of the two competing candidates LERIAS V. HRET The court invalidated a final tally made by the HRET w/o supporting evidence because it found that the tribunal acted with grave abuse of discretion SANDOVAL V. HRET Court has authority to look into the ET over actions where there may have been GADALEJ SECTION 18: COMMISSION ON APPOINTMENTS COMPOSITION, NATURE, FUNCTIONS

DAZA V. SINGSON The house retains the authority to change its representation in the COA to reflect at any time the changes that may transpire in political alignments of its membership. Changes must not be temporary COSETENG V. MITRA To be able to claim proportional membership, a political party must have at least 8.4% of the house membership GUINGONA V. GONZALES Membership in the COA must be based on proportional representation SECTION 21: LEGISLATIVE INVESTIGATIONS Power or Inquiry NEG O II ELEC COOP V. SANGGUNIANG PANLUNGSOD Sangguniang Panglunsod does not have the power of inquiry and to hold the questioned in contempt BENGZON V. SENATE BLUE RIBBON COMMITTEE Because there was no mention of a contemplated legislation in Enriles Speech, the SC ruled the investigation was not in aid of legislation SENATE V. ERMITA Congress has the right to information from the executive branch whenever it is sought in aid of legislation GUIDANI V. SENGA By virtue of her powers as Commander-in-Chief, the president has constitutional authority to order military officers to not attend congressional hearings. Attendance may be commanded by judicial order. STANDARD V. SENATE NERI V. SENATE A formal and proper claim of executive privilege requires a precise and certain reason for preserving their confidentiality GARCILLANO V. HOUSE Power to Punish a Person Under Investigation ARNAULT V. NAZARENO The power of inquiry and the power to enforce it is an essential and appropriate auxiliary function of the legislative. Materiality must be determined by its direct relation to the subject of inquiry, not by its indirect relation to the proposed legislation. SABIO V. GORDON The power of contempt is implied in the power of inquiry conferred by the Constitution SECTION 22: CONGRESS AND HEADS OF DEPARTMENTS SENATE V. ERMITA SECTION 23: DECLARATION OF THE EXISTENCE OF A STATE OF WAR Delegation of Emergency Powers SANLAKAS V. EXECUTIVE SECRETARY The presidents authority to declare a state of rebellion is from her powers as chief executive and commander in chief SECTION 24: ORIGIN OF MONEY BILLS, PRIVATE BILLS AND BILLS LOCAL APPLICATION Bills of Local Application Origin GUINGONA V. CARAGUE PDs cannot be reduced to mere bills that must go through the legislative mill TOLENTINO V. SECRETARY OF FINANCE Prerogative to pass the bill is based on the house, but once approved, the senate may overhaul it and amend it by substitution ALVAREZ V. GUINGONA It is constitutional for a senate bill to be enacted if it was an anticipated version of a house bill SOUTHERN CROSS CEMENT V. PHIL. CEMENT CTA has jurisdiction; Any interested party adversely affected by the ruling of the secretary in connection with the imposition of a safeguard measure may file a petition with the CTA. Apportionment of Public Revenue for Public Purpose PASCUAL V. SECRETARY OF PUBLIC WORKS Utilization of public funds have to be directed specifically for public gain, not merely an incidental advantage SECTION 25: RULES ON APPROPRIATION

Limits on Power to appropriate BRILLANTES V. COMELEC No money shall be paid out of the treasury except in pursuance of an appropriation made by law Prohibition of Increase Prohibition on riders in appropriation bills GARCIA V. MATA A non-appropriation item cannot be inserted in a general appropriations act ATITIW V. ZAMORA If a provision in an appropriations bill relates specifically to some particular appropriation therein it is not considered a rider FARINAS V. EXECUTIVE SECRETARY Transfer of Funds DEMETRIA V. ALBA While the transfer of an appropriation is prohibited, the constitution allowed the enactment of a law authorizing the transfer of funds for the purpose of augmenting an item from savings in another item in the appropriation of the government branch LIGA V. COMELEC Official reports and not newspaper statements should be the basis for the case filed PHILCONSA V. ENRIQUEZ An amendment which is germane to the original purpose of the RA complies with the 1 subject rule SANCHEZ V. COA The power to transfer savings pertains exclusively to President, Senate President, Speaker of the House, Chief Justice and heads of constitutional commission. This enumeration is exclusive.