Legislative Department – Powers of Congress (Philippine Constitution)

The legislative powers of the Congress of the Philippines are enshrined in Article VI of the 1987 Philippine Constitution. The Congress is a bicameral body composed of the Senate and the House of Representatives, and it exercises legislative power, which is the authority to make, amend, and repeal laws. Below is a detailed and meticulous breakdown of the Powers of Congress under Philippine law.

I. General Legislative Power

1. Definition and Scope

Legislative power is vested in the Congress of the Philippines. It encompasses the authority to create, amend, and repeal laws that affect the general welfare of the people. The Constitution (Section 1, Article VI) explicitly states that legislative power is vested in the Congress, except to the extent reserved to the people by the power of initiative and referendum.

II. Specific Powers of Congress

A. Constitutional Powers

1. Power to Enact Laws

The primary function of Congress is to pass laws that address the needs of society. This power is exercised by both the Senate and the House of Representatives, which must work together to craft and pass legislation.

2. Power to Amend or Repeal Laws

Congress has the authority to amend existing laws to adapt to changing conditions or repeal those that are no longer necessary or just.

3. Power of Appropriation (Section 25, Article VI)

The Congress controls the power of the purse, meaning it has exclusive authority to appropriate public funds. No money shall be paid out of the Treasury except in pursuance of an appropriation made by law. This includes the power to pass the General Appropriations Act, as well as special appropriations for particular needs or projects.

Restrictions:
- The President may propose a budget, but Congress has the final say on the allocation of public funds.
- Appropriations for the salaries of constitutional officers, such as the President and members of the Judiciary, are automatic and cannot be reduced below the amount they received the previous year.
- The Constitution prohibits the enactment of a "rider," which is an appropriation unrelated to the main subject of the bill.

4. Power of Taxation (Section 28, Article VI)

Congress has the power to impose taxes for public purposes. This power is subject to several limitations to ensure that taxation is fair and uniform.

Limitations:
- Taxes must be for public purposes only.
- Congress must ensure that taxes are uniform and equitable across regions.
- The power to tax is subject to the requirement of due process and equal protection under the law.

5. Power of Impeachment (Section 2, Article XI)

Impeachment is the method by which Congress can remove certain high-ranking officials from office, including the President, Vice President, Supreme Court Justices, and constitutional commissions. The House of Representatives has the exclusive power to initiate impeachment cases, while the Senate has the sole power to try and decide all cases of impeachment.

Grounds for Impeachment:
- Culpable violation of the Constitution
- Treason
- Bribery
- Graft and corruption
- Other high crimes or betrayal of public trust

6. Power of Legislative Inquiry (Section 21, Article VI)

Congress has the power to conduct investigations in aid of legislation. This is essential for ensuring transparency and accountability in government. It allows Congress to summon individuals and require the production of documents to gather information relevant to legislation.

Limitations:
- The inquiry must be in aid of legislation.
- The rights of individuals, particularly the right to due process, must be respected during inquiries.

7. Power to Declare the Existence of War (Section 23(1), Article VI)

The power to declare the existence of a state of war is vested in Congress. This authority is subject to a recommendation from the President and a two-thirds vote of both Houses of Congress in joint session assembled, voting separately.

8. Power to Revoke or Extend Martial Law (Section 18, Article VII)

Congress has the power to extend or revoke the declaration of martial law or the suspension of the privilege of the writ of habeas corpus. The President may declare martial law for a period not exceeding 60 days, but Congress can either approve or reject such a declaration by majority vote.

9. Power to Confirm Appointments

The Commission on Appointments, which is part of Congress, has the authority to confirm or reject appointments made by the President to certain key government positions, such as heads of executive departments, ambassadors, and other officials.

10. Concurrence in Amnesty Proclamations (Section 19, Article VII)

Congress must concur with any amnesty proclamation issued by the President. Amnesty can be granted to individuals or groups who have committed political offenses, subject to the approval of Congress.

III. Electoral Powers

A. Power to Canvass and Proclaim the Results of the Presidential and Vice-Presidential Elections

Congress acts as the National Board of Canvassers for the election of the President and Vice President. It is responsible for counting the votes, proclaiming the winner, and resolving any electoral disputes related to the canvass.

B. Power to Call a Special Election

In case of a vacancy in the Office of the President or Vice President, Congress has the power to call a special election.

IV. Constitutional Powers Related to Public International Law

A. Power to Ratify Treaties and International Agreements (Section 21, Article VII)

Although the President has the authority to negotiate and sign treaties and international agreements, such treaties require the concurrence of at least two-thirds of all the members of the Senate to be valid and binding.

Limitations:
- Executive agreements do not require Senate concurrence but must conform to existing laws and the Constitution.
- Treaties that affect national sovereignty, territorial integrity, or require a significant change in domestic law require Senate approval.

V. Concurrent and Implied Powers

A. Power to Delegate

Congress may delegate certain powers to administrative agencies, provided that the delegation complies with constitutional requirements. The delegation must include:

A clear and complete statement of policy;
Adequate standards to guide the agency in implementing the law.

B. Police Power

Although the primary exercise of police power belongs to the executive branch, Congress holds the authority to enact laws that serve as the legal basis for the exercise of police power, ensuring public health, safety, and welfare.

C. Power to Define and Punish Crimes

Congress has the authority to define crimes and prescribe penalties, ensuring the maintenance of peace and order in society.

VI. Limitations on the Powers of Congress

A. Non-Delegation of Legislative Power

Legislative power is non-delegable. Congress cannot delegate its authority to enact laws, except in cases where the delegation is allowed by the Constitution, such as in administrative rule-making.

B. Bill of Rights (Article III)

Congress must respect the rights guaranteed under the Bill of Rights. Any legislation that violates fundamental rights, such as the rights to due process, equal protection, freedom of speech, or privacy, may be declared unconstitutional.

C. Checks by the Executive Branch

The President has the power to veto bills passed by Congress. Congress can override a presidential veto by a two-thirds vote of all its members.

D. Judicial Review by the Judiciary

Laws passed by Congress are subject to judicial review by the courts, particularly the Supreme Court, which can declare a law unconstitutional if it violates the Constitution.

VII. Conclusion

The powers of the Philippine Congress are broad and encompass the entire range of legislative authority necessary for governance. From enacting laws, controlling the budget, and ratifying international treaties, to exercising its check-and-balance role through impeachment, inquiries, and martial law oversight, Congress plays a central role in the functioning of the Philippine democratic system. However, its powers are not absolute and are subject to constitutional limits and the balancing influence of the executive and judicial branches of government.