POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

IX. LEGISLATIVE DEPARTMENT

A. Legislative Power

1. Scope and Limitations

I. Scope of Legislative Power

Legislative power is the authority vested in the legislature, which in the Philippines is the Congress, to enact laws, amend them, and repeal them. This power is essential to the functioning of a democratic government, as it provides the framework by which societal conduct is regulated. The power to legislate in the Philippines is vested in a bicameral Congress, composed of the Senate and the House of Representatives, as outlined in Article VI of the 1987 Philippine Constitution.

A. General Scope

The scope of legislative power is generally plenary, meaning it covers all subjects unless expressly or impliedly limited by the Constitution or other laws. Congress may legislate on matters affecting the public, whether they pertain to civil, political, economic, or social concerns.

General Powers of Congress:
Congress has the authority to:
- Enact laws to protect and promote public welfare.
- Levy taxes and raise revenue.
- Appropriate public funds for government expenditures.
- Declare war and provide for national defense.
- Regulate commerce and trade.
- Maintain law and order, including the police power to ensure peace and safety.
- Regulate the operation of public institutions and the conduct of public officials.
- Define crimes and prescribe punishments.
Powers Enumerated in the Constitution:
Article VI of the Constitution explicitly outlines some specific powers of Congress, including:
- Imposing and collecting taxes.
- Appropriating funds.
- Declaring the existence of a state of war.
- Confirming treaties.
- Granting amnesty.
- Exercising the power of impeachment.
- Enacting electoral laws, such as those governing the conduct of elections.
- Approving the national budget and bills related to tariffs, trade, or public debt.
Implied Powers:
Congress also possesses implied powers, which are those not explicitly enumerated in the Constitution but are necessary for carrying out its enumerated powers effectively. This is based on the necessary and proper clause (Sec. 24, Article VI), which allows Congress to enact laws necessary to exercise the powers vested in it by the Constitution.

B. Delegation of Legislative Power

Non-Delegability of Legislative Power (Potestas delegata non potest delegari):
As a general rule, legislative power is non-delegable. Congress cannot delegate its law-making function to another body, person, or entity. This principle is rooted in the separation of powers doctrine. Exceptions to this rule are provided for by the Constitution or when Congress delegates its authority to administrative agencies for the purpose of rule-making within specific, defined limits.
Exceptions to Non-Delegability:
Congress may delegate legislative functions when:
- The delegation is expressly or impliedly authorized by the Constitution.
- The delegation pertains to administrative details necessary to implement the law (known as administrative rule-making or quasi-legislation).
- The delegation relates to emergency powers, as when Congress grants the President temporary legislative powers in times of national emergency under Section 23(2), Article VI of the Constitution, provided certain conditions are met (e.g., such powers are for a limited period and subject to restrictions as Congress may prescribe).

II. Limitations on Legislative Power

Although legislative power is plenary, it is not absolute. It is subject to several constitutional, statutory, and judicial limitations.

A. Constitutional Limitations

Substantive Limitations:
These are restrictions imposed on the content of the laws that Congress may enact. Examples include:
- Bill of Rights (Article III of the Constitution):
  Laws must not violate fundamental rights guaranteed by the Constitution, such as:
  - Due process and equal protection of laws.
  - Freedom of speech, press, assembly, and petition.
  - Freedom of religion.
  - Rights against unreasonable searches and seizures.
  - Right to privacy.
  - Right against self-incrimination.
  - Right to property.
- Prohibition against Ex Post Facto Laws and Bills of Attainder:
  Congress cannot pass laws that retroactively make an act a crime (ex post facto law) or impose punishment without a trial (bill of attainder).
- Prohibition against Double Taxation:
  Congress cannot impose double taxation, which would subject a person to pay two taxes on the same item or transaction without reasonable justification.
- Non-Impairment Clause (Sec. 10, Article III):
  Congress cannot pass laws impairing the obligation of contracts.
- No Religious Test:
  Congress cannot pass laws imposing a religious test for the exercise of civil or political rights.
- Prohibition on Cruel and Unusual Punishment:
  Congress may not enact laws imposing penalties that are cruel or inhumane.
Procedural Limitations:
These refer to the requirements governing the process of enacting laws:
- Three Readings on Separate Days Rule (Sec. 26, Art. VI):
  No bill shall become a law unless it passes three readings on separate days in both the Senate and the House of Representatives. This ensures that legislation undergoes sufficient scrutiny before approval.
- Journal Requirement (Sec. 16, Art. VI):
  The proceedings of Congress must be duly recorded in its journal, and the approval of bills must be noted therein.
- Rule of Uniformity and Equitability in Taxation (Sec. 28, Art. VI):
  All taxes must be uniform and equitable, meaning they should apply equally to persons or things under similar circumstances.

B. Judicial Limitations

Judicial Review:
The judiciary has the power to review acts of Congress to ensure their constitutionality. Under the principle of judicial review, the Supreme Court can declare laws or portions thereof unconstitutional if they conflict with the provisions of the Constitution (Sec. 1, Art. VIII). This ensures that the legislature does not overstep its bounds or infringe on fundamental rights.
Doctrine of Overbreadth and Vagueness:
Laws that are too broad or too vague can be struck down by the courts. A law is considered overbroad if it restricts more speech or conduct than necessary. A law is deemed vague if a person of ordinary intelligence cannot determine what conduct is prohibited, thereby violating due process.

C. Political Limitations

Public Opinion and Accountability:
Although not a formal legal limitation, the power of Congress is indirectly limited by public opinion and political accountability. Lawmakers are elected officials, and their legislative actions are often subject to the scrutiny of their constituents. They must balance their exercise of legislative power with their duty to represent the will of the people.
Veto Power of the President (Sec. 27, Art. VI):
The President may veto any bill passed by Congress, effectively limiting the legislative power. However, Congress may override the veto by a two-thirds vote of all its members.

D. International Law Limitations

Treaty Obligations (Sec. 21, Art. VII):
Congress cannot pass laws that violate international treaties or conventions to which the Philippines is a party. Under the doctrine of incorporation, generally accepted principles of international law form part of the law of the land, and the legislature is bound by such norms in its lawmaking function.
Principle of Pacta Sunt Servanda:
This principle obliges the State to honor its international agreements and ensure that its domestic laws conform to such agreements. This serves as a limitation on Congress, as it may not pass laws contravening obligations arising from international treaties or customary international law.

III. Conclusion

In conclusion, while Congress holds broad legislative power in the Philippines, it operates within a complex web of substantive, procedural, judicial, and political limitations. These safeguards ensure that legislative acts conform to the Constitution, respect fundamental rights, and adhere to international law obligations. Furthermore, the separation of powers doctrine ensures a balance between the executive, legislative, and judicial branches, preventing the overreach of any single branch of government.