Professional Documents
Culture Documents
GENERAL PRINCIPLES
1. POLITICAL LAW
branch of public law which deals with the organization and operations of the
governmental organs of the State and defines the relations of the State with the
inhabitants of its territory.
2. Administrative Law - That branch of public law which fixes the organization of
government, determines the competence of the administrative authorities who
execute the law, and indicates to the individual remedies for the violation of his
rights.
3. Law on Municipal Corporations.
4. Law of Public Officers.
5. Election Laws.
1. 1987 Constitution;
2. 1973 and 1935 Constitution;
3. Other organic laws made to apply to the Phillipines (Philippines Bill of 1902, Jones
Law of 1916 and Tydings-Mcduffie Law of 1934);
4. Statues, executive orders and decrees and judicial decisions; and
U.S. Constitution.
CONSTITUTION
That body of rules and maxims in accordance with which the powers of
sovereignty are habitually exercised [Cooley, Constitutional Limitations, p.
4];
6. FUNCTION of a CONSTITUTION
7. CLASSIFICATION
1. WRITTEN - precept are embodied in one document/set of documents
UNWRITTEN - rules which have not been integrated into single, concrete form
but are scattered in various sources (statutes, judicial decisions, commentaries,
customs and tradition, common law principle)
2. ENACTED (CONVENTIONAL) formally struck off at a definite time and
place following a conscious or deliberate effort taken by a constituent body or ruler.
EVOLVED (COMULATIVE) result of political evolution, changing by
accretion rather than by any systematic method.
3. RIGID amended only by formal and usually difficult process.
FLEXIBLE changed by ordinary legislation.
1. BROAD - Not just because it provides for the organization of the entiregovernment
and covers all persons and things within the territory of the State but because it
must be comprehensive enough to provide for every contingency.
1. Verba legis - given their ordinary meaning except where technical terms are
employed.
2. Ratio legis et anima - ambiguity - intent of the framers, bearing in mind the
objects sought to be accomplished and evils sought to be prevented; doubtful
provision shall be examined in light of the history of the times and the conditions
and circumstances under which the Constitution was framed.
3. Ut magis valeat quam pereat - Constitution to be interpreted as a whole.
- Safer to construe the Constitution from what appears upon its face. If, however, the
plain meaning of the word is not found to be clear, resort to other aids is available.
- In case of doubt, consider provisions as self-executing; mandatory rather than directory;
and prospective rather than retroactive.
- Self-executing provisions: one that lays down principle is usually not self-executing.
That which is complete in itself and becomes operative without the aid ofsupplementary
or enabling legislation, or that which supplies a sufficient rule by means of which the
right it grants may be enjoyed or protected, is self-executing.
- Self-executing if the nature and extent ofthe right conferred and liability imposed are
fixed by the Constitution itself.
- Section 26, Article II of the Constitution neither bestows a right nor elevates the
privilege to the level of an enforceable right. Like the rest of the policies enumerated in
Article II, the provision does not contain any judicially enforceable constitutional right
but merely specifies a guideline for legislative or executive action. The disregard of this
provision does not give rise to any cause of action before the courts [Pamatong v.
Comelec, G.R. No. 161872, April 13, 2004].
In Francisco v. House of Representatives, G.R. No. 160261, November 10, 2003, the Supreme Court made
reference to the use of well- settled principles of constitutional construction, namely:
First, verba legis, that is, wherever possible, the words used in the Constitution must be given their ordinary
meaning except where technical terms are employed. Thus, in J.M. Tuason & Co., Inc. v. Land Tenure
Administration,36 this Court, speaking through Chief Justice Enrique Fernando, declared:
We look to the language of the document itself in our search for its meaning. We do not of course stop
there, but that is where we begin. It is to be assumed that the words in which constitutional provisions
are couched express the objective sought to be attained. They are to be given theirordinary
meaning except where technical terms are employed in which case the significance thus attached to
them prevails. As the Constitution is not primarily a lawyer's document, it being essential for the rule of law
to obtain that it should ever be present in the people's consciousness, its language as much as possible should
be understood in the sense they have in common use. What it says according to the text of the provision
to be construed compels acceptance and negates the power of the courts to alter it, based on the postulate
that the framers and the people mean what they say. Thus these are the cases where the need for construction
is reduced to a minimum.37 (Emphasis and underscoring supplied)
Second, where there is ambiguity, ratio legis est anima. The words of the Constitution should be interpreted in
accordance with the intent of its framers. And so did this Court apply this principle in Civil Liberties Union v.
Executive Secretary38 in this wise:
A foolproof yardstick in constitutional construction is the intention underlying the provision under
consideration. Thus, it has been held that the Court in construing a Constitution should bear in mind the
object sought to be accomplished by its adoption, and the evils, if any, sought to be prevented or remedied.
A doubtful provision will be examined in the light of the history of the times, and the condition and
circumstances under which the Constitution was framed. The object is to ascertain the reason which
induced the framers of the Constitution to enact the particular provision and the purpose sought to be
accomplished thereby, in order to construe the whole as to make the words consonant to that reason
and calculated to effect that purpose.39 (Emphasis and underscoring supplied)
Finally, ut magis valeat quam pereat. The Constitution is to be interpreted as a whole. Thus, in Chiongbian v. De
Leon,42 this Court, through Chief Justice Manuel Moran declared:
x x x [T]he members of the Constitutional Convention could not have dedicated a provision of our
Constitution merely for the benefit of one person without considering that it could also affect
others. When they adopted subsection 2, they permitted, if not willed, that said provision should
function to the full extent of its substance and its terms, not by itself alone, but in conjunction with all
other provisions of that great document.43 (Emphasis and underscoring supplied)
Union Carbide Labor Union vs Union Carbide Phil. GR No. L-41314 November 13, 1992
As pointed out by Justice Isagani Cruz, to wit:
Finally, it should be observed that the provisions of the Constitution should be given only a
prospective application unless the contrary is clearly intended. Were the rule otherwise, rights
already acquired or vested might be unduly disturbed or withdrawn even in the absence of an
unmistakable intention to place them within the scope of the Constitution.
2. ELEMENTS of a STATE
1. PEOPLE
INHABITANTS
Sec 2, Art. III
The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing
the place to be searched and the persons or things to be seized.
CITIZEN
Sec 1, Art. II
The Philippines is a democratic and republican State. Sovereignty
resides in the people and all government authority emanates from
them.
Sec 4, Art. II
The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the
State and, in the fulfillment thereof, all citizens may be required,
under conditions provided by law, to render personal military or
civil service.
Sec 7, Art. II
The right of the people to information on matters of public concern
shall be recognized. Access to official records, and to documents,
and papers pertaining to official acts, transactions, or decisions, as
well as to government research data used as basis for policy
development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
ELECTORS
Sec 4, Art. VII
The President and the Vice-President shall be elected by direct
vote of the people...
As requisite for Statehood: Adequate number for self-sufficiency and defense; of both sexes
for perpetuity.
2. TERRITORY
b. TREATY LIMITS
ARCHIPELAGO DOCTRINE:
The waters around, between and connectingthe islands of the
archipelago, regardless of their breadth and dimensions, form
part of the internal waters of the Philippines 2nd sentence,
Sec. 1, Art II
d. UNCLOS
4. SOVEREIGNTY
Defined: The supreme and uncontrollable power inherent in aState by which
that State is governed.
Legal power to issue final commands.
Political sum total of all the influences which lie behind the law.
Characteristics:
1) Permanence
2) Exclusiveness
3) Comprehensiveness
4) Absoluteness
5) Indivisibility
6) Inalienability
7) Imprescriptibility
Jurisdiction
Territorial: power of the State over persons and things within its territory.
Exemption:
(1) Foreign states, head of states, diplomatic representatives and consuls to
a certain degree;
(2) Foreign state property, including embassies, consulates and public
vessels engaged in non-commercial activities;
(3) Acts of state
(4) Foreign merchant vessels exercising the rights of innocent passage or
involuntary entry such as arrival under stress
(5) Foreign armies passing through or stationed in its territory with its
permission; and
(6) Other persons or property, including organizations like the UN, over
which it may, by agreement, waive jurisdiction.
2. Scope of consent: consent to be sued does not include consent to the execution of
judgment against it. Such execution will require another waiver.
INCORPORATED if the charter provides that the agency can sue and be sued, then
suit will lie, including one for tort. The provision in the charter constitutes express
consent on the part of the State to be sued.
Municipal corporations, agencies of the state when they are engaged in
governmental functions and should enjoy sovereign immunity from suit. They
are subject to suit even in the performance of such functions because their
respective charters provide that they can sue and be sued. (Section 22 LGC)
The doctrine of state immunity also applies to complaints filed against officials of
the State for acts performed by them in the discharge of their duties within the scope
of their authority.
Where a public officer has committed an ultra vires act, or there is a showing of
bad faith, malice or gross negligence, then the officer can be held personally
accountable.
In order that suit may lie against the state, there must be consent. Where no consent
is shown, state immunity from suit may be invoked as a defense by the courts sua
sponte at any stage of the proceedings.
Scope of consent: consent to be sued does not include consent to the execution of
judgment against it. Such execution will require another waiver.
Suability is not equated with outright liability. Liability will have to be determined
by the court on the basis of the evidence and the applicable law.
Distinctions
1. Police power regulates liberty and property
Eminent domain and taxation affects only property rights
2. Police power and taxation are exercised only by government
Eminent domain may be exercised by private entities
3. Property taken in police power is usually noxious or intended for noxious purposes and
may be destroyed
In eminent domain and taxation, the property is wholesome and devoted to public
use/purpose.
4. Compensation in police power is the intangible, altruistic feeling that the individual has
contributed to the public good;
In eminent domain, it is the full and fair equivalent of the property taken;
In taxation, it is the protection given and/or public improvements instituted by
government for taxes paid.
Limitations
1. Bill of Rights
2. Courts may annul improvident exercise
of police power
A. Preamble
a) Does not confer rights nor impose duties
b) Indicates authorship of the Constitution
c) Enumerates the primary aims and aspirations of the framers
d) Serves as an aid in the construction of the Constitution
B. Republicanism [Sec. 1. Art. II: The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority emanates from them].
Essential features
(1) Representation
(2) Renovation
Manifestations
(1) Government of law and not of men
(2) Rule of majority
(3) Accountability of public officials
(4) Bill of rights
(5) Legislature cannot pass irrepealable laws
(6) Separation of powers
Purpose
To prevent concentration of authority in one person or group of persons that
might lead to an irreversible error or abuse in its exercise to the detriment
of republican institutions.
Principle of Blending of Powers
Instances when powers are not confined exclusively within one department
but are assigned to or shared by several departments.
Principle of Checks and Balances
This allows one department to resist encroachments upon its prerogatives
or to rectify mistakes or excesses committed by the other departments.
Doctrine of Necessary Implication
Absence of express conferment, the exercise of the power may be justified
under this doctrine, that the grant of an express power carries with it all
other powers that may be reasonably inferred from it.
Delegation of powers
Potestas delegate non potest delegare
Delegated power constitutes not only a right but a duty to be performed by the
delegate through the instrumentality of his own judgment and not through the
intervening mind of another.
Permissible delegation
(1) Tariff powers to the president
(2) Emergency powers to the president (in times of war or national emergency)
(3) Delegation to the people specific provisions where the people have reserved
to themselves the function of legislation
Referendum:
power of the electorate to approve or reject legislation through an election
called for the purpose; referendum on statutes and referendum on local law
Plebiscite:
electoral process by which an initiative on the Constitution is approved or
rejected by the people.
(4) Delegation to LGUs
(5) Delegation to Administrative Bodies power of subordinate legislation
Tests for valid delegation
(1) Completeness test: the law must be complete in all its essential terms and
conditions when it leaves the legislature so that there will be nothing left for the
delegate to do when it reaches him except to enforce it.
(2) Sufficient standard test: intended to map out the boundaries of the delegates
authority by defining the legislative policy and indicting the circumstances under
which it is up be pursued and effected; the standards usually indicated in the law
delegating legislative power.
Doctrine of Incorporation
Our courts have applied the rules of international law in a number of cases even of
such rules had not previously been subject of statutory enactments, because these
generally accepted principles of international law are automatically part of our own
laws.
Independent Foreign Policy and Nuclearfree Philippines (Sec. 7 & 8, Art II)
(Sec. 7, Art II)-State shall pursue an independent foreign policy. In relations with other
states, the paramount consideration shall be national sovereignty, territorial integrity,
national interest and the right to selfdetermination.
(Sec. 8, Art II)-The Philippines consistent with the national interest, adopts and pursues a
policy of freedom from nuclear weapons in its territory.
In Lim v. Executive Secretary, G.R. No. 151445, April 11, 2002, the Supreme Court said that
these provisions, along with Sec. 2, Art. II, Sec. 21, Art. VII, and Sec. 26, Art. XVIII, betray a
marked antipathy towards foreign military presence in the country, or of foreign influence in
general.
Facts:
In pursuance of Commonwealth Act 548 which mandates the Director of Public Works,
with the approval of the Secretary of Public Works and Communications, shall
promulgate the necessary rules and regulations to regulate and control the use of and
traffic on such roads and streets to promote safe transit upon, and avoid obstructions on,
roads and streets designated as national roads, the Director of Public Works adopted the
resolution of the National Traffic Commission, prohibiting the passing of animal drawn
vehicles in certainstreets in Manila. Petitioner questioned this as it constitutes an undue
delegation of legislative power.
Issues:
Whether or not there is a undue delegation of legislative power?
Ruling:
There is no undue delegation of legislative power. Commonwealth Act 548 does not
confer legislative powers to the Director of Public Works. The authority conferred upon
them and under which they promulgated the rules and regulations now complained of is
not to determine what public policy demands but merely to carry out the legislative
policy laid down by the National Assembly in said Act, to wit, to promote safe transit
upon and avoid obstructions on, roads and streets designated as national roads by acts of
the National Assembly or by executive orders of the President of the Philippines and to
close them temporarily to any or all classes of traffic whenever the condition of the road
or the traffic makes such action necessary or advisable in the public convenience and
interest.
The delegated power, if at all, therefore, is not the determination of what the law shall be,
but merely the ascertainment of the facts and circumstances upon which the application
of said law is to be predicated.
To promulgate rules and regulations on the use of national roads and to determine when
and how long a national road should be closed to traffic, in view of the condition of the
road or the traffic thereon and the requirements of public convenience and interest, is an
administrative function which cannot be directly discharged by the National Assembly.
It must depend on the discretion of some other government official to whom is confided
the duty of determining whether the proper occasion exists for executing the law. But it
cannot be said that the exercise of such discretion is the making of the law.
Respect for human dignity and human rights (Sec. 11, Art II)
State values the dignity of every human person and guarantees full respect for human
rights.
State affirms labor as a primary social economic force. It shall protect the rights or workers
and promote their welfare.
In JMM Promotion and Management v. Court of Appeals, 260 SCRA 319, the
Supreme Court said that obviously, protection to labor does not indicate promotion
of employment alone. Under the welfare and social justice provisions of the
Constitution, the promotion of full employment, while desirable, cannot take a
backseat to the governments constitutional duty to provide mechanisms for the
protection of our workforce, local or overseas. As explained in Philippine
Association of Service Exporters v. Drilon, 163 SCRA 386, in reference to the
recurring problems faced by our overseas workers, what concerns the
Constitution more paramountly is that such an employment be above all, decent,
just and humane. It is bad enough that the country has to send its sons and
daughters to strange lands, because it cannot satisfy their employment needs at
home. Under these circumstances, the Government is duty bound to provide them
adequate protection, personally and economically, while away from home.
In Bernardo v. NLRC, G.R. No. 122917, July 12, 1999, the Supreme Courtheld
that the Magna Carta for Disabled Persons mandates that qualified disabled
persons be granted the same terms and conditions of employment as qualified able-
bodied employees; thus, once they have attained the status of regular workers, they
should be accorded all the benefits granted by law, notwithstanding written or
verbal contracts to the contrary. This treatment is rooted not merely in charity or
accommodation, but in justice for all.
In Tanada v. Angara, 272 SCRA 18, it was held that the World TradeOrganization
(WTO) agreement does not violate Sec. 19, Art. II, nor Secs. 10 and 12, Art. XII,
because the said sections should be read and understood in relation to Secs. 1 and
13, Art. XII, which require the pursuit of a trade policy that serves the general
welfare and utilizes all forms and arrangements of exchange on the basis of
equality and reciprocity. The provisions of Art. II are not intended to be self-
executing principles ready for enforcement through the courts. They do not
embody judicially enforceable rights, but guidelines for legislation. The reasons
for denying cause of action to an alleged infringement of broad constitutional
principles are sourced from basic considerations of due process and lack of judicial
authority to wade into the uncharted ocean of social and economic policy-making.
In Lina v. Pano, G.R. No. 129093, August 30, 2001, theSupreme Court said that
the basic relationship between the national legislature and the local government
units has not been enfeebled by the new provisions in the Constitution
strengthening the policy of local autonomy. Without meaning to detract from that
policy, Congress retains control of the local government units although in a
significantly reduced degree now than under our previous Constitutions. The
power to create still includes the power to destroy. The power to grant still includes
the power to withhold or recall. True there are notable innovations in the
Constitution, like the direct conferment on local government units of the power to
tax [Sec. 5, Art. X], which cannot now be withdrawn by mere statute. By and large,
however, the national legislature is still the principal of local government units,
which cannot defy its will or modify or violate it. Ours is still a unitary form of
government, not a federal state. Being so, any form of autonomy granted to local
governments will necessarily be limited and confined within the extent allowed by
the central authority.
3.Thus, even as we recognize that the Constitution guarantees autonomyto local
government units, the exercise of local autonomy remains subject to the power of
control by Congress and the power of general supervision by the President [Judge
Dadole v. Commission on Audit, G.R. No. 125350, December 3, 2002].
Equal access of opportunities for public service (Sec. 26, Art. II)
State shall guarantee equal access of opportunities for public service and prohibit political
dynasties as may be defined by law.
In Pamatong v. Comelec, G.R. No. 161872, April 13, 2004, the SupremeCourt
said that this provision does not bestow a right to seek the Presidency; it does not
contain a judicially enforceable constitutional right and merely specifies a
guideline for legislative action. The provision is not intended to compel the State
to enact positive measures that would accommodate as many as possible into
public office. The privilege may be subjected to limitations. One such valid
limitation is the provision of the Omnibus Election Code on nuisance candidates.
Honest public service and full public disclosure (Sec. 27, Art. II)
(Sec. 27, Art. II)-State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption.
(Sec. 28, Art. II)-State adopts and implements a policy of full public disclosure of all its
transactions involving public interest.
V. SEPARATION OF POWERS
Permissible delegation:
(1) Tariff powers to the president
as specifically provided in Sec. 28(2), Art. VI: The Congress
may, by law, authorize the President to fix within specified limits,
and subject to such limitations and restrictions as it may impose,
tariff rates, import and export quotas, tonnage and wharfage
dues, and other duties or imposts within the framework of the
national development program of the Government.
(2) Emergency powers to the president (in times of war or national emergency)
Referendum:
power of the electorate to approve or reject legislation through an election
called for the purpose; referendum on statutes and referendum on local law
Plebiscite:
electoral process by which an initiative on the Constitution is approved or
rejected by the people.
(4) Delegation to LGUs
(5) Delegation to Administrative Bodies power of subordinate legislation
Tests for valid delegation
(1) Completeness test: the law must be complete in all its essential terms and
conditions when it leaves the legislature so that there will be nothing left for the
delegate to do when it reaches him except to enforce it.
(2) Sufficient standard test: intended to map out the boundaries of the delegates
authority by defining the legislative policy and indicting the circumstances under
which it is up be pursued and effected; the standards usually indicated in the law
delegating legislative power.
Legislative power the power to propose, enact, amend and repeal laws.
- Vested in Congress except to the extent reserved to the people by the provision in initiative and
referendum
-People can directly propose and enact laws or approve or reject any act or law or part thereof
passed by the Congress or local legislative body after the registration of a petition thereof signed
by at least 10 per centum of the total number of registered voters, of which every legislative district
must be represented by at least 3 per centum of the registered voters.
Initiative power of the people to propose amendments to the Constitution or to propose and
enact legislation through an election called for that purpose.
1) Initiative on the Constitution
2) Initiative on Statutes
3) Initiative on local legislation
Indirect Initiative exercise of initiative by the people through a proposition sent to Congress or
local legislative body for action
Referendum power of the electorate to approve or reject legislation through an election called
for that purpose.
1) Referendum on Statutes
2) Referendum on local legislation
Prohibited measures
1) Petition embracing more than one subject
2) Involving emergency measures, the enactment of which is specifically vested in
Congress by the Constitution, cannot be subject to referendum, until 90 days after
effectivity.
Local Initiative,
-Not less than 2,000 registered voters in case of autonomous regions
-1,000 in provinces and cities
-100 in municipalities
-50 in baranagays
-File a petition with Regional Assembly or local legislative body
Limitation on Local Initiative
1) Exercised not more than once a year.
2) Extend only to subjects or matters which are within the legal powers of the local
legislative body to enact.
3) If at any time before the initiative is held, the local legislative body shall adopt in toto
the proposition presented, the initiative shall be cancelled.
Principles
1) Minor follows domicile of parents
2) Domicile of origin is lost only when there is:
a. actual removal or change of domicile
b. bona fide intention of abandoning the
former residence and establishing a new one
c. acts which corresponds with the purpose
3) Wife does not automatically gain husbands domicile
Other Inhibitions
not personally appear as counsel before any court, ET, quasi-judicial or other administrative
bodies
not be directly or indirectly interested financially in any contract with, or any franchise or special
privilege granted by the Government
not intervene in any matter before any office of the Government for his pecuniary benefit or
where he may be called upon to act on account of his office.
Session
Regular: convene once a year on the 4th Monday of July unless a different date is fixed by law;
and shall continue for such number of days as it may determine until 30 days before the opening
of its next regular session, exclusive of Saturdays, Sundays and legal holidays.
Special: call by president usually to consider legislative measure which the President may
designate in his call
Joint
1) Voting Separately
a. Choosing the president
b. Determine disability of the president
c. Confirming nomination of VP
d. Declaration of the existence of a state of war
e. Proposing constitutional amendments
2) Voting Jointly
a. Revoke/extend proclamation suspending the privilege of the writ of HC
b. Or placing the Philippines under martial law
Adjournment neither House during the sessions of the Congress shall, without the consent of
the other adjourn for more than 3 days nor to any other place than that in which the 2 Houses shall
be sitting.
Officers
Senate elects its President
House elects its Speaker
Each nay choose such other officers as it may deem necessary
Quorum
Majority of each House
But a smaller number may adjourn from day to day and may compel the attendance of absent
Members in such manner and under such penalties as such House may determine
Quorum in the Senate shall be the total number of Senators who are in the country and within
the coercive jurisdiction of the Senate.
Rules of Proceedings
Each House determined the rules of itsproceedings.
Discipline of Members
House may punish its members for disorderly behavior, and with concurrence of 2/3 of all its
members, suspend (for not more than 60 days) or expel a member.
Determination of acts which constitute disorderly behavior is within the full discretionary
authority of the House concerned, and the Court will not review such determination, the same
being a political question.
Records and Books of Accounts
Preserve and open to public
Books shall be audited by COA which shall publish annually an itemized list of amounts paid
to and expenses incurred by each member.
Legislative Journal and Congressional Records
Each House shall keep a Journal of its proceedings, and from time to time publish the same,
excepting such parts as may, in its judgment, affect national security;
And the yeas and nays on any question shall, at the request of 1/5 of the Members present, be
entered in the Journal.
Each House shall also keep a Record of its proceedings.
Matters which under the Constitution are to be entered in the journal:
a. Yeas and nays on 3rd and final reading of
a bill
b. Veto message of the President
c. Yeas and nays on the repassing of a bill vetoed by the President
d. Yeas and nays on any question at the request of 1/5 of members present.
Enrolled Bill Theory: enrolled bill is one duly introduced and finally passed by both Houses,
authenticated by the proper officers of each and approved by the President.
Enrolled Bill prevails, except to matters which under the Constitution must be entered in the
Journal.
Electoral Tribunals
Composition
a. 3 SC Justices designated by CJ, the senior justice shall be the chairman
b. 6 members of the house, chosen on the basis of proportional representation from the
political parties registered
Non-partisan court; independent of Congress
Termination of Membership:
a. Expiration of congressional term
b. Death
c. Resignation from political party
d. Formal affiliation to another political party
e. Removal for other valid causes
Cannot disqualify senator-member just because election contest is filed against him. (Abbas vs.
Senate ET)
Doctrine of Primary Administrative Jurisdiction, prior recourse to the House is necessary before
the case may be brought to the Court.
Power: sole judge of all contests relating to the election, returns and qualifications of their
respective members.
HRET may assume jurisdiction only when after the winning candidate shall have been duly
proclaimed, has taken oath of office, and has assumed functions of the office.
Decisions may be reviewed by SC by showing grave abuse of discretion in a petition for
certiorari filed under R65.
Commission on Appointment
Composition
a. Senate President, ex-officio chairman
b. 12 senators
c. 12 house
* b and c elected by each House on the basis
of proportional representation from the
political parties registered.
Powers act on all appointments submitted to it within 30 session days of Congress from their
submission.
Shall rule by majority vote of its members
Meet only while Congress is in session
At the call of its Chairman or majority of all its members
Independent of the 2 Houses and has the power to promulgate its own rules of proceedings.
Powers of Congress
1. General (plenary) legislative power
- Limitations:
1. Substantive
- Express
a. Bill of rights
b. Appropriations
c. Taxation
d. Constitutional appellate jurisdiction of SC
e. No law granting a title of royalty or nobility shall be passed
- Implied
a. Non-delegation of powers
b. Prohibition against the passage if irrepealable laws
2. Procedural
a. Only one subject to be expressed in the title
- Title is not required to be an index of the contents of the bill
- Sufficient compliance if the title expresses the general subject and all the provisions of the statute
are germane to thee subject
- Sufficient if the title is comprehensive enough, as in this case, to include subjects related to the
general purpose which the statute seeks to achieve.
- Rider is a provision not germane to the subject matter of the bill.
b. Three readings on separate days
- Printed copies of bill in its final form distributed to Members 3 days before its passage
- EXCEPT when the President certifies to its immediate enactment to meet a public calamity or
emergency
- Upon last reading, no amendment allowed, and vote thereon taken immediately and the yeas and
nays entered in the journal
- Presidential certification dispensed with the requirement not only of printing but also that of
reading the bill on separate days.
3. Legislative Process
- Requirements as to bill
Only 1 subject to be expressed in the title
Appropriation, revenue bills, tariff bills, bills of local application, bills authorizing increase of
public debts and private bills shall originate exclusively in the House of Representative.
It is not the law, but the bill, which is required to originate exclusively in the House, because
the bill may undergo such extensive changes in the Senate that the result may be a rewriting of the
whole.
The Constitution does not prohibit the filing in the Senate of a substitute bill in anticipation
of its receipt of the bill from the House, so long as the action by the Senate as a body is withheld
pending receipt of the House bill.
- Procedure: passed 3 readings on separate days, and printed copies in its final form have been
distributed to its Members 3 days before its passage EXCEPT when President certifies to the
necessity of its immediate enactment to meet a public calamity or emergency.
Courts are denied the power to inquire into allegations that, in enacting a law, a House of
Congress failed to comply with its own rules, in the absence of any showing that there was a
violation of constitutional requirements or the rights of private individuals.
It is within the Bicameral Conference Committee to include in its report an entirely new
provision that is not found either in the House or Senate bill.
If the Committee can propose an amendment consisting of 1 or 2 provisions, there is no reason
why it cannot propose several provisions, collectively considered as an amendment in the nature
of a substitute so long as the amendment is germane to the subject of the bills before the
Committee.
Jurisdiction of the Conference Committee is not limited to resolving differences between the
Senate and the House versions of the bill. It may propose an entirely new provision.
- Approval of Bills
-The bill becomes a law in the following cases:
a. President approves the same and signs it.
b. Congress overrides the Presidential veto if the President disapproves the bill, he shall return
the same, with his objections contained in his Veto message to the House of origin (which shall
enter the objections at large in its Journal). The veto is overridden upon a vote of 2/3 of all members
of the House of origin and the other House. Yeas and Nays entered in the Journal of each House.
-No pocket veto.
-Partial veto, as a rule, is invalid. It is allowed only for particular items in an appropriation,
revenue or tariff bill. The President cannot veto part of an item in an appropriation bill while
approving the remaining portion of the item.
-Legislative Veto a congressional veto is a means whereby the legislature can block or modify
administrative action taken under a statute. It is a form of legislative control in the implementation
of particular executive action. It may be negative (subjecting the executive action to disapproval
by Congress) or affirmative (requiring approval of the executive action by Congress)
c. When the President fails to act upon the bill for 30 days from receipt thereof, the bill shall
become a law as if he had signed it.