Rules on Appropriation and Realignment | Powers of Congress | LEGISLATIVE DEPARTMENT

Powers of Congress: Rules on Appropriation and Realignment

The legislative power of appropriation is vested in Congress under Article VI, Section 29 of the 1987 Philippine Constitution. This includes the power to allocate public funds for specific purposes through the passage of appropriations laws. The power of realignment, however, must be distinguished and handled in accordance with constitutional and statutory limitations.

Below is a comprehensive discussion on the rules of appropriation and realignment under the legislative powers of Congress:

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I. Appropriation Defined

An appropriation is the authorization made by law or ordinance, directing the payment of public funds for a specific public purpose. The power of appropriation is a legislative function, and no money shall be paid out of the Treasury except in pursuance of an appropriation made by law (Article VI, Section 29(1), 1987 Constitution).

Appropriations laws typically come in the form of the General Appropriations Act (GAA) which specifies the budget for all branches of government, or special appropriations laws which allocate funds for a specific purpose.

II. Types of Appropriation

1. General Appropriations Act (GAA):

   • This is the national budget which is passed annually by Congress, allocating funds to all government departments, agencies, and instrumentalities for their operations and projects for the next fiscal year.

2. Special Appropriations:

   • These are laws that allocate a particular sum of money for a specific purpose, not covered by the GAA. These appropriations must be accompanied by a certification from the National Treasurer that funds are available for the purpose (Art. VI, Sec. 25(4)).

3. Automatic Appropriations:

   • These are appropriations provided by law without need of further legislative action every fiscal year. Examples include debt service payments and retirement benefits for government personnel.

III. Constitutional Rules on Appropriation

1. Initiative by the Executive:

   • The Constitution mandates that appropriations bills must originate exclusively from the House of Representatives but the Senate may propose or concur with amendments (Article VI, Section 24).
   • The President submits a budget proposal for Congress to consider, and no appropriations law can be passed without originating in the House, though amendments may come from the Senate.

2. Balanced Budget Requirement:

   • The President is required to submit a balanced budget to Congress (Article VI, Section 22). This submission is a key reference for appropriations bills.

3. Specific Appropriation Requirement:

   • The Constitution requires that appropriation laws must specify the purpose for which the funds are intended. This ensures transparency and accountability in public spending (Article VI, Section 25(2)).

4. Prohibition on Transfer of Appropriations:

   • No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House, the Chief Justice, and the heads of Constitutional Commissions may by law be authorized to augment any item in the GAA for their respective offices from savings in other items of their respective appropriations (Article VI, Section 25(5)). This power to augment does not extend to realignments of funds to a new item that was not previously included in the budget.

IV. Power of Realignment

Realignment is the act of transferring funds from one program or project to another within the same department or agency. Under the Constitution and established jurisprudence, realignment is a limited power, mainly granted to certain officials to address emergency or unforeseen needs.

1. Distinction from Appropriation:

   • While appropriation is the act of assigning funds for a specific purpose by Congress, realignment occurs after appropriation and involves shifting or redistributing funds within an already appropriated budget.

2. Power to Realign Savings:

   • The power to realign is limited to instances where there are savings. Savings refer to any balances from appropriated funds which remain unspent after fulfilling the purpose of the appropriations, due to efficiency or the completion of a project for less than the budgeted amount.
   • Augmentation from savings may only be applied to an item already included in the appropriations law.

3. Constitutional Limits:

   • As provided under Article VI, Section 25(5), only the President, Senate President, Speaker of the House, Chief Justice, and heads of Constitutional Commissions may be authorized by law to realign funds.
   • Realignment can only augment existing items within the budget, and savings cannot be used to fund new projects or expenditures not covered by the original appropriation law. This rule is emphasized in cases where executive overreach in fund realignment has been challenged (e.g., Araullo v. Aquino on the Disbursement Acceleration Program (DAP) case).

V. Jurisprudence on Realignment and Appropriation

1. Disbursement Acceleration Program (DAP) Case:

   • In Araullo v. Aquino (G.R. No. 209287, July 1, 2014), the Supreme Court held that the realignment of funds under DAP was unconstitutional. The Court clarified that savings can only be realigned to augment an existing item in the GAA and cannot be used to fund new projects or programs. Furthermore, the Court ruled that funds cannot be declared as savings prior to the end of the fiscal year or before they have been freed from their appropriated purpose.

2. Priority Development Assistance Fund (PDAF) Case:

   • In the PDAF (Pork Barrel) case (Belgica v. Ochoa, G.R. No. 208566, November 19, 2013), the Supreme Court ruled that legislative post-enactment intervention in the form of realigning funds through congressional insertions was unconstitutional. Congress’ role in appropriation ends after the passage of the budget, and legislators cannot intervene in the use of public funds post-enactment.

3. Veto Power:

   • The President has the power of line-item veto (Article VI, Section 27(2)), which allows the executive to veto specific items in an appropriation bill. Once vetoed, funds for that specific item cannot be released or realigned unless Congress overrides the veto with a two-thirds vote in both chambers.

VI. Conclusion

The power of appropriation is a key function of Congress, ensuring that public funds are allocated for specified public purposes. The realignment of funds is a more restricted executive power, contingent on the availability of savings and constrained by constitutional provisions. Appropriations laws, particularly the General Appropriations Act, must conform to the constitutional principles of transparency, accountability, and separation of powers. Jurisprudence further delineates the boundaries of both appropriation and realignment, safeguarding against the misuse of public funds through unauthorized executive or legislative actions.

Presidential Veto and Congressional Override | Powers of Congress | LEGISLATIVE DEPARTMENT

Presidential Veto and Congressional Override in the Philippines

Under the 1987 Philippine Constitution, the power of presidential veto and the congressional override mechanism are integral checks and balances between the executive and legislative branches of government. These principles ensure that the law-making process undergoes rigorous scrutiny, balancing the interests of both branches in the governance process.

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A. Presidential Veto Power

The veto power is the authority vested in the President of the Philippines to reject a bill passed by Congress (i.e., both the House of Representatives and the Senate). This power is provided under Article VI, Section 27(1) of the 1987 Constitution.

1. Types of Veto

• General or Absolute Veto: This type of veto allows the President to reject a bill in its entirety. When the President exercises this veto, the whole bill is sent back to Congress with his objections.

• Line-item Veto: Under Article VI, Section 27(2) of the 1987 Constitution, the President may exercise a line-item veto on appropriation, revenue, or tariff bills. This means the President can veto specific provisions or items in such bills without vetoing the entire measure. This power enables the President to reject certain allocations or tax measures while allowing the rest of the bill to become law.

2. Requirements for a Veto

• Time Limit: The President must act on a bill within 30 days from the time it is presented to him. If the President fails to act within this period, the bill automatically becomes law as if he had signed it (known as pocket approval).

• Communication of Veto: When vetoing a bill, the President must return the bill with his written objections to the originating house of Congress. The veto message is crucial because it informs Congress of the specific reasons why the bill is unacceptable.

3. Effects of a Veto

• Once the bill is vetoed, it does not become law unless Congress overrides the veto.

• The line-item veto applies only to appropriation, revenue, or tariff bills. If a vetoed line item is overridden by Congress, the bill will become law with the overridden items restored.

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B. Congressional Override of the Presidential Veto

Under Article VI, Section 27(1) of the Constitution, Congress has the power to override a presidential veto.

1. Requirements for Override

For Congress to override a veto, the following conditions must be met:

• Two-thirds Vote: The vetoed bill must be approved by a two-thirds vote of all members of each house (House of Representatives and Senate), voting separately.

  • The "two-thirds" requirement means that it is not merely two-thirds of those present in the session, but two-thirds of the total membership of each chamber. This makes overriding a presidential veto a significant challenge and ensures that only those measures with substantial legislative support can bypass the executive disapproval.

2. Procedure for Override

• Upon receipt of the President’s veto, the house where the bill originated (either the House of Representatives or the Senate) will reconsider the bill. If two-thirds of the total members of that house approve the bill despite the veto, it will be sent to the other house for reconsideration.

• If the second house also achieves a two-thirds majority in favor of the bill, the veto is overridden, and the bill becomes law without the President’s signature.

• The process requires a vote of "yeas" and "nays" which must be recorded in the journal of each house.

3. Limits on Congressional Override

• A vetoed bill can only be subject to an override vote if it is reconsidered during the session when it was originally passed. If Congress adjourns before the veto is acted upon, it cannot be reconsidered until the next session.

• In the case of a line-item veto, Congress can override only the specific vetoed item, and not the entire bill unless the entire bill was subject to a general veto.

4. Consequence of an Override

If Congress successfully overrides a veto, the bill becomes law despite the President's objections. It is treated as if the President had signed it.

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C. Presidential Veto in Relation to the Power of the Purse

In the case of appropriation, revenue, or tariff bills, the line-item veto gives the President the power to influence the allocation of public funds, an essential aspect of the government's fiscal policy. However, Congress can override specific line-item vetoes through the same two-thirds vote mechanism, giving Congress a critical role in final fiscal decisions.

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D. Judicial Review of the Veto

The judiciary may review the use of the veto power in cases where it is alleged that the President has acted in violation of the Constitution or in an arbitrary or capricious manner. However, courts are generally reluctant to interfere in the political decisions of the executive unless there is a clear breach of constitutional provisions.

1. Cases Involving the Veto Power

• Philippine Constitution Association v. Enriquez (G.R. No. 113105, August 19, 1994): The Supreme Court upheld the President’s line-item veto power, emphasizing that it is a necessary executive tool in ensuring fiscal responsibility.

• Demetria v. Alba (G.R. No. L-71977, February 27, 1987): This case clarified the extent of the President’s veto power over special appropriations, emphasizing that the President has discretion to veto items in appropriation bills without violating the principle of separation of powers.

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E. Policy Considerations and Implications

The veto power plays a pivotal role in the system of checks and balances, providing the President with a safeguard against potentially harmful or imprudent legislation. However, it also serves as a point of potential friction between the executive and legislative branches. Congress's ability to override a veto ensures that the legislative intent can still prevail, but only with substantial consensus. This design encourages compromise and dialogue between the branches.

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F. Comparative Overview: The Veto in Other Jurisdictions

The presidential veto in the Philippines closely mirrors that of the United States, where the U.S. President also has general veto power and a limited line-item veto. However, unlike the United States, where the Supreme Court struck down the line-item veto as unconstitutional (in Clinton v. City of New York, 1998), the Philippines retains a functioning line-item veto specifically for appropriation, revenue, and tariff bills, emphasizing fiscal responsibility in the government's budgeting process.

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Conclusion

The presidential veto and congressional override provisions in the 1987 Constitution represent critical checks and balances between the legislative and executive branches. The President’s veto power allows for a robust review of legislation, while Congress’s ability to override this veto ensures that no single branch dominates the law-making process. This interplay is a vital aspect of Philippine political law, ensuring accountability and balance in governance.

Limitations on Revenue, Appropriations, and Tariff | Powers of Congress | LEGISLATIVE DEPARTMENT

POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

IX. LEGISLATIVE DEPARTMENT

I. Powers of Congress

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4. Limitations on Revenue, Appropriations, and Tariff Powers

Congress of the Philippines, as the primary legislative body, is vested with broad powers in matters of revenue, appropriations, and tariffs. However, these powers are subject to constitutional limitations and statutory constraints. Below is a detailed discussion of these limitations:

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A. Limitations on Revenue Powers

The power of Congress to impose taxes, duties, imposts, and excises is an inherent aspect of its legislative authority. This power is subject to the following constitutional and statutory limitations:

1. Uniformity and Equity in Taxation (Art. VI, Sec. 28 (1))

• Uniformity means that persons or things belonging to the same class shall be taxed at the same rate. The tax must operate in the same manner upon all individuals or corporations of the same class.
• Equity in taxation implies that the burden must be proportionate to the taxpayer's ability to pay. Taxes should not be arbitrary or confiscatory.

2. Progressive System of Taxation (Art. VI, Sec. 28 (1))

• The Constitution mandates that the taxation system in the Philippines should be progressive. This means that the rate of tax increases as the ability of the taxpayer to pay increases. The legislative intent is to place heavier tax burdens on those who have more and to relieve those with lesser financial capability.

3. Non-Delegation of Taxing Power (Art. VI, Sec. 24)

• The power to impose taxes is inherently legislative and cannot be delegated to any other body except through constitutional exceptions, such as the delegation of limited powers to local government units (LGUs) under the Local Government Code (R.A. No. 7160).
• Revenue Bills must originate exclusively from the House of Representatives, but the Senate may propose or concur with amendments. Revenue bills pertain to taxes, customs duties, and tariffs, as well as measures affecting fiscal policy.

4. Presidential Veto Power on Tax Measures (Art. VI, Sec. 27 (2))

• The President has the power to veto bills, including tax measures, passed by Congress. A presidential veto may extend to a specific provision of an appropriation, revenue, or tariff bill. However, Congress can override the veto by a two-thirds vote of all members of both Houses.

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B. Limitations on Appropriations Power

Appropriations refer to the allocation of public funds by Congress for specific government expenditures. The Constitution imposes stringent rules on how Congress may exercise its appropriation power:

1. Requirement for an Appropriation Law (Art. VI, Sec. 29 (1))

• No money shall be paid out of the Treasury except in pursuance of an appropriation made by law. This requires the passing of a specific appropriation law to authorize the disbursement of public funds.

2. Appropriations for Public Purpose (Art. VI, Sec. 29 (1))

• Public funds may only be appropriated for public purposes. An appropriation that serves private interest or is otherwise not for public benefit is unconstitutional.

3. Presidential Submission of the Budget (Art. VI, Sec. 22)

• The President is required to submit to Congress a proposed national budget or General Appropriations Bill (GAB) within 30 days from the opening of each regular session. The proposed budget includes details of projected income and proposed expenditures.
• The role of Congress is to deliberate and approve, modify, or reject the budget submitted by the President. The GAB must originate from the House of Representatives, but the Senate may propose amendments.

4. Prohibition on Reenactment of the Budget (Art. VI, Sec. 25 (7))

• In the absence of a new General Appropriations Act, Congress may not reenact a previous budget indefinitely. However, the reenacted budget may be applied temporarily until a new budget is passed.

5. Prohibition Against Impairment of Judiciary and Constitutional Bodies (Art. VIII, Sec. 3; Art. IX-A, Sec. 5)

• Congress is prohibited from reducing the appropriations of the Judiciary below the amount appropriated in the previous year. A similar restriction applies to constitutional commissions (e.g., Commission on Audit, Civil Service Commission, and Commission on Elections).

6. Presidential Power to Veto Appropriation Items (Art. VI, Sec. 27 (2))

• The President has the power to veto individual appropriation items within a General Appropriations Bill, a practice known as the line-item veto. The veto can apply to specific appropriations while allowing the rest of the budget to be enacted.

7. Prohibition of “Pork Barrel” and Lump-Sum Appropriations

• The Supreme Court declared the Priority Development Assistance Fund (PDAF) or pork barrel system unconstitutional in Belgica v. Ochoa (2013). Congress is prohibited from appropriating lump-sum funds to be later distributed at the discretion of legislators. All appropriations must be specific and itemized in the GAB.

8. Automatic Appropriations for Certain Expenditures

• Certain expenditures are automatically appropriated by law. These include:
  • Debt Service Payments (Art. VI, Sec. 26 (3)): Payments for principal and interest on government borrowings are automatically appropriated.
  • Salaries of Constitutional Officers: Salaries and pensions of constitutional officers such as the Judiciary and constitutional commissions are automatically appropriated.

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C. Limitations on Tariff Powers

The power to impose duties and tariffs is part of Congress's broader fiscal power. However, specific constitutional and statutory limitations apply:

1. Delegation of Tariff Powers (Art. VI, Sec. 28 (2))

• While Congress possesses the exclusive power to impose tariffs, it may delegate to the President limited authority to adjust tariff rates, import and export quotas, and other trade restrictions. Such delegation is permissible for flexibility in economic policy but must be within the bounds of law.

2. Executive Modification of Tariff Rates (Customs Modernization and Tariff Act)

• Pursuant to laws like the Customs Modernization and Tariff Act (R.A. No. 10863), the President, upon recommendation of the National Economic and Development Authority (NEDA), can modify tariff rates to address changes in domestic and international markets. However, these modifications must still conform to the objectives and limitations prescribed by Congress.

3. Free Trade Agreements (FTAs) and International Trade Commitments

• Congress must respect the commitments of the Philippines under international agreements such as World Trade Organization (WTO) obligations and Free Trade Agreements. Tariffs and trade policies must conform to these international standards, and any changes require legislative action or treaty modification.

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Conclusion

The powers of Congress to legislate on matters of revenue, appropriations, and tariffs are broad but subject to significant constitutional constraints. These limitations are designed to ensure accountability, prevent abuse, promote fairness, and protect public funds for legitimate public purposes. The overarching principle governing these limitations is that taxation and appropriations must serve the collective good and adhere to constitutional mandates of uniformity, equity, and fiscal responsibility.

Limitations on Legislative Power | Powers of Congress | LEGISLATIVE DEPARTMENT

POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

IX. LEGISLATIVE DEPARTMENT
I. Powers of Congress
3. Limitations on Legislative Power

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The Philippine Congress, composed of the Senate and the House of Representatives, is granted legislative power under the 1987 Constitution (Art. VI, Sec. 1). However, this power is not absolute. It is subject to limitations, which can be categorized into three main types: (1) Constitutional limitations, (2) Inherent limitations, and (3) External limitations derived from principles of international law or treaties. Each will be discussed meticulously below.

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1. Constitutional Limitations

These are explicit and implicit limitations imposed by the 1987 Constitution of the Philippines. These limitations ensure that Congress exercises its powers within the bounds set by the fundamental law.

a. Bill of Rights (Art. III of the 1987 Constitution)

Congress cannot enact laws that violate fundamental rights enumerated in the Bill of Rights. Examples include:

• Freedom of speech and expression (Sec. 4): Congress cannot pass laws that infringe upon the freedom of speech, press, or peaceful assembly.
• Freedom of religion (Sec. 5): Any law that imposes or establishes a state religion, or that restricts the free exercise of religion, would be unconstitutional.
• Due process and equal protection (Sec. 1): Congress cannot pass arbitrary laws or laws that deprive people of life, liberty, or property without due process, nor can it pass laws that violate the equal protection clause.
• Ex post facto laws and bills of attainder (Sec. 22): Congress is prohibited from passing ex post facto laws (laws that retroactively change the legal consequences of actions) and bills of attainder (laws that declare a person or group guilty of a crime without a judicial trial).

b. Separation of Powers (Art. VI, Sec. 1 and Art. VII, Sec. 1)

The principle of separation of powers places an inherent limitation on Congress’s power by preventing it from encroaching upon the powers of the Executive or the Judiciary:

• Non-delegation of legislative power (Art. VI, Sec. 1): Congress cannot delegate its law-making power to other bodies or branches of government unless there is a clear standard or framework for doing so (Doctrine of Subordinate Legislation).
• Encroachment on judicial powers (Art. VIII, Sec. 1): Congress cannot enact laws that interfere with the judiciary’s power to interpret the Constitution or decide cases.

c. Appropriations and Taxation

Certain constitutional provisions place limitations on the legislative power of Congress in relation to money bills, taxation, and appropriation laws.

• Money bills (Art. VI, Sec. 24): All appropriations, revenue, or tariff bills, bills authorizing the increase of the public debt, and bills of local application must originate exclusively in the House of Representatives. The Senate may propose or concur with amendments.
• Equal protection in taxation (Art. VI, Sec. 28): Congress must ensure uniformity and equity in taxation. The power to tax must be exercised according to law and must not violate the equal protection clause.

d. Amendments or Revisions of the Constitution (Art. XVII)

Congress’s power to amend or revise the Constitution is subject to the procedures outlined in Article XVII. Any proposed constitutional amendment or revision must go through specific procedures, either through a constituent assembly, a constitutional convention, or a people’s initiative, and requires ratification by the Filipino people in a plebiscite.

e. Other Specific Constitutional Provisions

Congress is also bound by other explicit limitations in the Constitution, including:

• Prohibition on monopolies and unfair competition (Art. XII, Sec. 19)
• Prohibition on the passage of laws granting titles of royalty or nobility (Art. VI, Sec. 31)
• Prohibition on laws that impair the obligation of contracts (Art. III, Sec. 10)

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2. Inherent Limitations

These are limitations that are naturally imposed on legislative bodies based on the very nature of sovereignty, statehood, and the legal structure of the country. These inherent limitations are often judicially implied from the Constitution or recognized under the jurisprudence developed by the Supreme Court.

a. Territorial and Subject Matter Jurisdiction

Congress can legislate only within the territorial jurisdiction of the Philippines and on matters that fall within its subject matter jurisdiction. It cannot legislate for matters that are exclusive to local governments (subject to the principle of local autonomy) or matters that are reserved to international or global governance (subject to international law).

b. Police Power, Eminent Domain, and Taxation

These are inherent powers of the State that Congress exercises through legislation, but these powers have inherent limitations:

• Police Power: Must be exercised only for the purpose of promoting public health, safety, morals, or welfare, and it must be reasonably related to achieving that purpose.
• Eminent Domain: Congress can authorize the taking of private property for public use, but this is subject to the payment of just compensation.
• Taxation: Must be exercised for a public purpose, and Congress must adhere to the principle of uniformity and equity in imposing taxes.

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3. Limitations Derived from International Law

As a member of the international community, the Philippines is bound by the principles of international law, and its legislative power is constrained by its obligations under international agreements and treaties, as well as principles of customary international law.

a. International Law as Part of Philippine Law (Art. II, Sec. 2 of the Constitution)

The 1987 Constitution provides that the Philippines adopts the generally accepted principles of international law as part of the law of the land. This means Congress cannot enact laws that violate such principles.

b. Treaty Obligations

When the Philippines enters into a treaty, it undertakes to fulfill certain obligations under international law. Congress cannot pass laws that would violate these treaty obligations. Some key treaties include:

• United Nations Charter: The Philippines, as a signatory, is committed to upholding international peace and human rights, meaning Congress cannot pass laws that would contravene these principles.
• International Human Rights Treaties: The Philippines has ratified treaties like the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social, and Cultural Rights (ICESCR), and others. Congress must ensure that laws do not violate human rights protected under these treaties.
• World Trade Organization (WTO) Agreements: As a member of the WTO, the Philippines must comply with international trade rules, and Congress cannot enact protectionist legislation that would breach these commitments.

c. Customary International Law

In addition to treaty obligations, customary international law, which refers to international practices that are accepted as law, also limits the legislative powers of Congress. For example, international principles on non-interference in the affairs of other states or rules prohibiting genocide must be respected in domestic legislation.

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4. Judicial Review and Safeguard

Any law passed by Congress is subject to judicial review by the Supreme Court. Under the power of judicial review (Art. VIII, Sec. 1), the Supreme Court can declare any law unconstitutional if it violates the limitations discussed above. This serves as the ultimate safeguard against the abuse or misuse of legislative power.

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Conclusion

The legislative power of the Philippine Congress is broad but is tightly circumscribed by constitutional provisions, inherent limitations, and obligations under international law. These constraints ensure that Congress legislates in a manner consistent with democratic principles, respect for human rights, the rule of law, and the country's commitments to the global community.

Power of Impeachment | Powers of Congress | LEGISLATIVE DEPARTMENT

POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

Legislative Department – Powers of Congress: Power of Impeachment

The power of impeachment is a unique mechanism in the Constitution of the Philippines designed to remove from office certain high-ranking officials for serious offenses. It is vested in Congress, comprising both the House of Representatives and the Senate, with specific roles assigned to each chamber in the process. This power reflects the principle of checks and balances, ensuring accountability of high-ranking public officials.

Constitutional Basis

The power of impeachment is explicitly provided in Article XI, Section 2 of the 1987 Philippine Constitution, which outlines the grounds and procedure for impeachment. The same article and subsequent sections provide the specific roles of the House of Representatives and the Senate in the process.

Who Can Be Impeached?

The Constitution provides that the following officials may be removed from office through impeachment:

1. The President
2. The Vice President
3. The Members of the Supreme Court
4. The Members of the Constitutional Commissions (Commission on Elections, Civil Service Commission, and Commission on Audit)
5. The Ombudsman

These are the highest officials in the government, reflecting the gravity of impeachment as a political and legal remedy.

Grounds for Impeachment

Impeachment can only proceed based on any of the following serious offenses:

1. Culpable Violation of the Constitution – A deliberate and willful breach of the Constitution.
2. Treason – Betrayal of the country, typically by aiding its enemies during wartime.
3. Bribery – Offering, giving, receiving, or soliciting anything of value to influence the actions of an official.
4. Graft and Corruption – Illegal or unethical actions that enrich oneself or others to the detriment of public interest.
5. Other High Crimes – Serious offenses which demonstrate an abuse of power or breach of the public trust.
6. Betrayal of Public Trust – Acts that are considered reprehensible by the standard of public accountability, often involving ethical misconduct or gross negligence.

The Impeachment Process:

The impeachment process consists of two main phases: impeachment proper in the House of Representatives and the trial in the Senate.

1. Impeachment in the House of Representatives:

   • Initiation of the Complaint:

     • An impeachment complaint may be initiated either by one-third (1/3) of all the members of the House of Representatives through a verified complaint or resolution of endorsement.
     • Alternatively, any Filipino citizen can file a verified complaint, but it must be endorsed by any member of the House of Representatives.
     • Once initiated, no other impeachment proceedings can be filed against the same official within a period of one year (Article XI, Section 3[5]).

   • Referral to the House Committee on Justice:

     • The impeachment complaint is referred to the House Committee on Justice, which will determine whether the complaint is sufficient in form and substance.
     • The Committee may conduct hearings and will submit a report to the House plenary, recommending whether the complaint should proceed.

   • Plenary Deliberation and Voting:

     • The House of Representatives, in plenary session, will deliberate on the articles of impeachment.
     • If at least one-third (1/3) of all the members of the House approve the articles of impeachment, the complaint is deemed valid, and the official is considered impeached.
     • This means the official will now face trial before the Senate.

2. Trial in the Senate:

   • The Senate acts as the impeachment court with the Senators serving as the judges.

   • When the President of the Philippines is on trial, the Chief Justice of the Supreme Court presides over the impeachment trial. For all other impeachable officials, the Senate President presides over the trial.

   • Prosecutors from the House of Representatives will present the case before the Senate.

   • The impeached official is afforded the right to counsel and due process.

   • Verdict:

     • After hearing the evidence and arguments, the Senate will deliberate and render its judgment.
     • A conviction requires a two-thirds (2/3) vote of all members of the Senate.
     • If convicted, the impeached official is removed from office. The Senate can also disqualify the official from holding any future office of public trust, but it cannot impose any other punishment (e.g., imprisonment). If criminal liability is involved, that must be dealt with by the regular courts.

Key Constitutional Provisions:

1. Article XI, Section 3(2): The House of Representatives has the exclusive power to initiate impeachment cases.
2. Article XI, Section 3(6): The Senate has the sole power to try and decide all impeachment cases.
3. Article XI, Section 3(7): The penalty in cases of impeachment shall not extend further than removal from office and disqualification to hold any office of public trust. However, the impeached party remains liable to prosecution and punishment in accordance with law after removal.

Notable Impeachment Cases in the Philippines:

1. Joseph Ejercito Estrada (2000):

   • President Estrada was impeached on charges of bribery, graft and corruption, betrayal of public trust, and culpable violation of the Constitution. However, the impeachment trial was disrupted, and mass protests (popularly known as EDSA II) eventually led to his ouster.
   • Estrada was later convicted by the Sandiganbayan of plunder but was pardoned by President Gloria Macapagal-Arroyo.

2. Renato C. Corona (2012):

   • Chief Justice Corona was impeached by the House of Representatives in December 2011, largely based on charges of betrayal of public trust and culpable violation of the Constitution for failure to disclose certain assets in his Statement of Assets, Liabilities, and Net Worth (SALN).
   • He was convicted by the Senate Impeachment Court in 2012, with a majority of Senators voting to remove him from office.

Limitations on the Power of Impeachment:

1. One-Year Bar Rule: Once an impeachment complaint has been initiated against an official, no other impeachment proceedings can be initiated against the same official within a one-year period (Article XI, Section 3[5]).

2. Political Nature of Impeachment: Impeachment is not strictly a judicial proceeding but a political one. While due process is afforded to the official, the standards of evidence and procedure are not the same as in regular courts. It is fundamentally a political question, where political considerations can come into play.

3. No Appeal from Senate Decision: The Senate’s decision in an impeachment trial is final and non-appealable. The judgment is purely within the political realm, and the decision-making power is vested entirely in the Senate.

Implications of Impeachment:

1. Removal from Office: The primary consequence of a conviction is removal from the office held.
2. Disqualification: The convicted official may also be disqualified from holding any future office of public trust.
3. Criminal Liability: Impeachment does not exempt the official from criminal prosecution and penalties in regular courts if the offense is subject to penal laws (e.g., bribery, graft, and corruption).

Conclusion:

The power of impeachment is a vital tool in the Philippine constitutional system designed to hold high-ranking officials accountable for serious offenses. It serves as a check against abuses of power by ensuring that no one, not even the highest officials of the land, is above the law. Congress, through the House of Representatives and the Senate, plays a central role in ensuring the integrity of the process. However, it is a political process, and its success largely depends on the integrity and wisdom of the members of Congress.

Legislative Inquiries and Oversight Functions | Powers of Congress | LEGISLATIVE DEPARTMENT

Legislative Inquiries and Oversight Functions of Congress (Philippine Setting)

I. Constitutional Basis

The powers of legislative inquiries and oversight functions of Congress are enshrined in the 1987 Philippine Constitution, particularly in Article VI (Legislative Department), which grants Congress the power to conduct inquiries in aid of legislation and to exercise oversight over the Executive branch of government.

1. Legislative Inquiry Power (Section 21, Article VI, 1987 Constitution):

   • Text of the provision: "The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected."

   This provision gives Congress (both the Senate and the House of Representatives) the authority to conduct investigations as part of its lawmaking power.

2. Oversight Function (Section 22, Article VI, 1987 Constitution):

   • Text of the provision: "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 each House shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session."

   This provision emphasizes the role of Congress in exercising control or supervision over the Executive branch by requiring department heads to appear before them and explain or defend their actions.

II. Legislative Inquiries in Aid of Legislation

A legislative inquiry refers to an investigation or hearing conducted by Congress or its committees to gather information and evidence necessary to craft or amend legislation. While it is often associated with fact-finding missions, its primary purpose is to aid the legislative process.

Essential Elements of Legislative Inquiry

1. In Aid of Legislation:
   Any investigation must be conducted with the genuine intention of drafting or revising laws. It cannot be conducted for reasons of mere curiosity, harassment, or to substitute for the role of the judiciary in deciding legal disputes.

2. Committee or House Authorization:
   An inquiry must be duly authorized by the entire House (Senate or House of Representatives) or by one of its committees. Each committee’s authority and jurisdiction must conform to the duly published rules of procedure of Congress.

3. Observance of Rights:
   The rights of those who are summoned or involved in legislative inquiries must be protected, including the right to due process, the right against self-incrimination, and the right to counsel. This is often referred to as the "respected rights" clause of Section 21, Article VI.

4. Publication of Rules:
   The rules of procedure for conducting legislative inquiries must be published to provide transparency, clarity, and predictability in the conduct of investigations.

Limitations on the Legislative Inquiry Power

1. Must Be In Aid of Legislation:
   The inquiry must have a clear legislative purpose, and it cannot be used for purposes such as determining criminal guilt, which is a judicial function (see Arnault v. Nazareno).

2. Respect for Judicial Independence:
   Congress must refrain from encroaching on judicial matters or intervening in cases pending before the courts. This principle is upheld by the doctrine of the separation of powers.

3. Presidential Privilege:
   In certain cases, the President may invoke executive privilege to withhold information from Congress if disclosure would impair national security, diplomatic negotiations, or other state interests (see Senate v. Ermita).

4. Due Process and Rights of Persons:
   Legislative inquiries must respect the rights of witnesses and resource persons, including the right to refuse to answer questions that might incriminate them.

Jurisdiction of Committees in Legislative Inquiries

Each house of Congress has standing and special committees that are empowered to conduct investigations. The scope of the committee’s jurisdiction must be aligned with its mandate and expertise, as outlined in the rules of each House.

III. Oversight Functions of Congress

Congress also exercises oversight functions to monitor, review, and scrutinize the actions of the Executive branch, its agencies, and its officials. Oversight is a critical check on executive power and ensures that laws passed by Congress are being implemented effectively and in accordance with legislative intent.

Key Features of the Oversight Function

1. Control and Supervision:
   Congress, through its oversight committees, can control or supervise the implementation of laws and review the exercise of executive powers to ensure that administrative actions align with the laws passed by the legislature.

2. Power to Summon Department Heads (Section 22, Article VI):
   Congress can compel department heads to appear before it to answer questions or provide reports on the performance of their duties. This allows Congress to scrutinize the actions of the Executive branch.

3. Written Questions and Interpellation:
   Congress has the power to submit written questions to department heads before they appear, and it can subject these officials to interpellation on broader issues. The interpellation process provides Congress with critical information for lawmaking and policy review.

4. Conduct of Executive Sessions:
   In matters involving national security or sensitive public interest, Congress may conduct executive sessions. These sessions are held in private and are often requested by the President when public disclosure may compromise state secrets.

Legislative Veto and Congressional Oversight

While legislative vetoes have been deemed unconstitutional (see Abakada Guro Party List v. Ermita), Congress retains certain powers to ensure that executive agencies follow the legislative intent of laws. Through post-enactment measures, such as budgetary reviews and the creation of special oversight committees, Congress exercises its role in scrutinizing the executive.

Oversight Committees

Congress has established various oversight committees tasked with monitoring the implementation of laws, evaluating the performance of executive agencies, and investigating matters of public interest. These include:

1. Committee on Public Accountability – Ensures that public officials and agencies are held accountable for their actions.
2. Committee on Good Government – Examines instances of graft and corruption within the government.
3. Joint Congressional Oversight Committees – Established by certain laws to monitor the implementation of specific statutes (e.g., the Congressional Oversight Committee on the Implementation of the Philippine Competition Act).

IV. Case Law on Legislative Inquiry and Oversight Powers

Several landmark Supreme Court decisions have shaped the understanding of legislative inquiry and oversight functions:

1. Arnault v. Nazareno (1950)
   This case established that legislative inquiries must always be in aid of legislation. The Supreme Court ruled that Congress cannot use its investigative powers to determine the guilt or innocence of an individual, as this is a function reserved for the courts.

2. Senate v. Ermita (2006)
   The Supreme Court struck down Executive Order No. 464, which prohibited executive officials from appearing before Congress without the President’s consent. The Court ruled that while executive privilege may be invoked in certain cases, a blanket prohibition is unconstitutional and impairs Congress’ power to conduct inquiries in aid of legislation.

3. Neri v. Senate (2008)
   This case involved the invocation of executive privilege by then-NEDA Director-General Romulo Neri during a Senate investigation into the NBN-ZTE broadband deal. The Supreme Court upheld the invocation of executive privilege, citing the need to protect sensitive communications between the President and her advisers.

4. Abakada Guro Party List v. Ermita (2005)
   The Court struck down the legislative veto provision in the VAT law, emphasizing that such vetoes encroach on executive prerogatives. However, the decision affirmed Congress' power to monitor the implementation of laws through its oversight functions, provided these do not violate the principle of separation of powers.

V. Conclusion

The legislative inquiry and oversight functions of Congress are integral to the balance of powers in the Philippine government. While Congress has broad investigative powers in aid of legislation, these are subject to constitutional limitations, including respect for executive privilege, judicial independence, and the rights of individuals. Similarly, the oversight function ensures that the Executive branch implements laws faithfully and effectively, serving as a critical check on executive power.

Powers | Electoral Tribunals and the Commission on Appointments | LEGISLATIVE DEPARTMENT

Electoral Tribunals and the Commission on Appointments: Powers under the Legislative Department

A. Electoral Tribunals

Electoral Tribunals are bodies established by the 1987 Constitution of the Philippines to resolve disputes involving the election, returns, and qualifications of members of Congress. Specifically, the Senate Electoral Tribunal (SET) for Senators and the House of Representatives Electoral Tribunal (HRET) for members of the House of Representatives. These tribunals are vested with exclusive jurisdiction over electoral contests relating to their respective chambers.

1. Constitutional Basis

• Senate Electoral Tribunal (SET) and House of Representatives Electoral Tribunal (HRET) are created under Article VI, Section 17 of the 1987 Constitution.

  • 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 election, returns, and qualifications of their respective members.
  • Each tribunal is composed of nine members: three from the Supreme Court, designated by the Chief Justice, and six from the Senate or the House of Representatives, as the case may be, chosen based on proportional representation from the political parties and party-list organizations.

2. Powers and Functions of the Electoral Tribunals

• Exclusive Jurisdiction: The Electoral Tribunals have the exclusive authority to hear and decide electoral contests concerning members of the Senate and the House of Representatives. No other entity can assume jurisdiction over these matters.

  • Senate Electoral Tribunal (SET): Exercises exclusive jurisdiction over all contests related to the election, returns, and qualifications of Senators.
  • House of Representatives Electoral Tribunal (HRET): Exercises exclusive jurisdiction over all contests related to the election, returns, and qualifications of members of the House of Representatives.

• Judicial Function: The Tribunals function in a quasi-judicial capacity. They are independent of the legislative functions of Congress and act as quasi-judicial bodies that review evidence and legal arguments.

• Scope of Authority:

  • The tribunals can inquire into the qualifications of candidates, such as citizenship, age, residency, and other eligibility requirements under the Constitution.
  • They review issues concerning the election process, including fraud, vote-buying, and errors in the counting and canvassing of votes.
  • Proclamation Disputes: They can invalidate the proclamation of a winning candidate if evidence shows irregularities.

• Decisions: The decisions of the Electoral Tribunals are final and executory. These decisions are generally not appealable, except in cases of grave abuse of discretion, which may be subject to review by certiorari by the Supreme Court under its expanded judicial power (Article VIII, Section 1 of the Constitution).

3. Composition and Process

• Three Justices of the Supreme Court, designated by the Chief Justice, and six members of the Senate or the House, selected based on proportional representation.

• Impartiality: The tribunal members must act impartially, even though a majority are from the legislative body. A balance is maintained by the presence of justices from the Supreme Court.

• Quorum and Decision: A majority of the members of the Electoral Tribunal constitutes a quorum for its meetings, and decisions are rendered by a majority vote of all its members.

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B. Commission on Appointments

The Commission on Appointments (CA) is a constitutional body vested with the power to confirm certain appointments made by the President of the Philippines. It acts as a check on the executive branch by ensuring that presidential appointments meet the requirements of competence, integrity, and fitness for office.

1. Constitutional Basis

• Article VI, Section 18 of the 1987 Constitution provides for the creation of the Commission on Appointments.

  • Section 18: The Commission on Appointments consists of the President of the Senate, as ex officio chairman, and twelve Senators and twelve members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties or organizations therein. The Chairman of the Commission shall vote only in case of a tie.

2. Powers and Functions of the Commission on Appointments

• Power of Confirmation: The primary power of the CA is to approve or disapprove certain appointments made by the President. The positions requiring confirmation include:

  • Heads of executive departments (i.e., Cabinet members).
  • Ambassadors, other public ministers, and consuls.
  • Officers of the armed forces from the rank of colonel or naval captain.
  • Heads of government-owned or controlled corporations (GOCCs) or their subsidiaries, as provided by law.

• Appointments that Do Not Require Confirmation: The following appointments do not require confirmation by the CA:

  • The Vice President (when appointed to a Cabinet position).
  • Judges and justices (whose appointments are under the purview of the Judicial and Bar Council, Article VIII, Section 9).
  • Career officials whose promotions are based on merit and seniority, as required by law.

• Scope of Review: The CA reviews the qualifications and fitness of the appointees. This involves an assessment of the appointees' qualifications, ethical standards, track record, and integrity. Appointees must undergo confirmation hearings where they may be asked to answer questions about their background and qualifications.

• Decision-Making Process:

  • The CA votes in plenary after hearings conducted by its committees. Appointees must receive a majority vote of all the members of the CA present in the session for their appointment to be confirmed.

  • Rejection of Appointments: The CA has the power to reject an appointment. Once rejected, the President may no longer reappoint the same individual to the same position unless the CA reverses its decision.

• Voting and Powers of the Chair: The Senate President serves as the ex officio chairman of the Commission and votes only in the case of a tie.

3. Checks and Balances

• The Commission on Appointments is an essential part of the checks and balances mechanism in the Philippine government. It ensures that the executive branch does not have unchecked power over appointments and that only qualified and competent individuals are appointed to sensitive positions in the government.

4. Confirmation Process

• The Commission exercises its power through its committees, each of which handles specific categories of appointments (e.g., foreign affairs, defense, etc.). Appointees appear before these committees for public hearings, during which members of the Commission may question them about their qualifications and fitness for the position.

5. Decisions and Appeals

• The decisions of the CA, like those of the Electoral Tribunals, are final and binding. Once the CA confirms or rejects an appointment, the decision is effective immediately. There is no higher authority to appeal CA decisions on confirmations.

C. Interrelationship and Key Jurisprudence

• The Supreme Court has consistently upheld the independence of both the Electoral Tribunals and the Commission on Appointments as essential mechanisms of checks and balances.

• The Electoral Tribunals are considered quasi-judicial bodies, and their decisions can only be reviewed by the Supreme Court under the narrow ground of grave abuse of discretion (e.g., Cayetano v. Monsod and Francisco v. House of Representatives Electoral Tribunal).

• The Commission on Appointments, on the other hand, is a political body, and its decisions, especially on the rejection of appointments, are generally considered political questions and are not subject to judicial review.

D. Conclusion

Both the Electoral Tribunals and the Commission on Appointments play critical roles in the Philippine constitutional system. They serve as independent entities that ensure the proper functioning of the democratic processes related to elections and appointments in government. These bodies safeguard against abuses of power and uphold the constitutional principles of checks and balances.

Nature | Electoral Tribunals and the Commission on Appointments | LEGISLATIVE DEPARTMENT

Nature of Electoral Tribunals and the Commission on Appointments

I. Electoral Tribunals

The Constitution of the Philippines establishes the House of Representatives Electoral Tribunal (HRET) and the Senate Electoral Tribunal (SET) as independent constitutional bodies tasked with the resolution of electoral contests involving members of Congress.

A. Constitutional Basis

1. House of Representatives Electoral Tribunal (HRET)

   • Established under Article VI, Section 17 of the 1987 Constitution.
   • Composition: Nine members, consisting of three Justices of the Supreme Court designated by the Chief Justice, and six members of the House of Representatives chosen based on proportional representation from the political parties or groups.

2. Senate Electoral Tribunal (SET)

   • Established under Article VI, Section 17 of the 1987 Constitution.
   • Composition: Nine members, consisting of three Justices of the Supreme Court designated by the Chief Justice, and six Senators chosen based on proportional representation from the political parties or groups.

B. Nature and Jurisdiction

1. Jurisdiction Over Electoral Contests

   • The Electoral Tribunals (HRET and SET) have exclusive jurisdiction over all contests relating to the election, returns, and qualifications of members of the House of Representatives and the Senate, respectively.
   • Jurisdiction begins once a member has been proclaimed, taken their oath of office, and assumed their position. This exclusive jurisdiction means that no other body, including the Commission on Elections (COMELEC), courts, or even Congress itself, may resolve electoral contests involving members of Congress.

2. Quasi-Judicial Function

   • The Electoral Tribunals exercise a quasi-judicial function. Although created as part of the legislative branch, they perform adjudicatory functions similar to those of the judiciary.
   • The tribunals have the power to issue decisions that are binding, final, and executory, subject only to review by the Supreme Court on grounds of grave abuse of discretion amounting to lack or excess of jurisdiction (Rule 65 of the Rules of Court).

3. Independence

   • The HRET and SET are designed to be independent of the respective houses they serve to avoid bias and ensure impartiality in resolving electoral contests. Their decisions must be free from any interference by the legislative body.
   • Although members of the Senate and the House of Representatives form part of the tribunals, the balance between legislators and Justices of the Supreme Court ensures impartiality, with judicial members often expected to lead in the determination of legal and procedural issues.

C. Procedure in Electoral Tribunals

1. Petition

   • An election contest is initiated by filing a petition contesting the election, returns, and qualifications of a member of Congress. The petition must allege specific grounds such as fraud, irregularities in the counting or canvassing, ineligibility of the proclaimed winner, or other electoral violations.

2. Decision-Making Process

   • Decisions are rendered by a majority vote of all the members of the tribunal.
   • The proceedings are conducted in a judicial manner, observing due process and procedural rules that are similar to those followed in court litigation.

3. Finality and Review

   • Decisions of the Electoral Tribunals are final and executory, subject to review only by the Supreme Court through a special civil action for certiorari under Rule 65 of the Rules of Court, which is a limited review based on grave abuse of discretion.

II. Commission on Appointments

A. Constitutional Basis

The Commission on Appointments (CA) is a constitutional body created under Article VI, Section 18 of the 1987 Constitution. It serves as a check on the appointing power of the President, particularly for high-level executive, military, and diplomatic positions.

B. Composition

1. The Commission on Appointments is composed of 12 Senators and 12 Members of the House of Representatives, elected on the basis of proportional representation from political parties and groups. The Senate President is the ex officio Chairman of the CA but does not vote except in cases of a tie.
2. The CA is a bicameral body in nature, as it draws members from both houses of Congress, and its composition is determined by political representation within each chamber.

C. Nature and Functions

1. Confirmatory Power

   • The CA exercises a confirmatory power over certain appointments made by the President. This power ensures that appointments to high-ranking positions undergo legislative scrutiny, promoting checks and balances between the executive and legislative branches of government.

2. Scope of Appointments Subject to Confirmation

   • The following appointments by the President are subject to the confirmation of the CA:

     • Heads of executive departments (e.g., Secretaries of National Defense, Foreign Affairs, Finance).
     • Ambassadors, other public ministers, and consuls.
     • Officers of the Armed Forces of the Philippines from the rank of colonel or naval captain, and higher.
     • Other officers whose appointments are vested in the President by law and are not otherwise provided for by the Constitution.

   • The appointment of judges of the Supreme Court, the Ombudsman, and the heads of constitutional commissions (e.g., Commission on Audit, Civil Service Commission, COMELEC) are not subject to CA confirmation, as these are specifically exempted by the Constitution and are subject to direct appointment by the President.

3. Quasi-Legislative Function

   • The CA exercises a quasi-legislative function, involving the exercise of discretion in approving or rejecting presidential appointments. The CA does not create laws but functions as a legislative body ensuring that appointments conform to public interest, qualifications, and the national good.

4. Independence

   • The CA is meant to be an independent body, distinct from the control of the executive branch. It operates to scrutinize appointees impartially, though it is composed of members of Congress who may belong to the same party as the President.

5. Non-Judicial in Character

   • Unlike the Electoral Tribunals, the CA does not perform a judicial or quasi-judicial function. Its role is to approve or reject appointments based on political and legal considerations, without adjudicating disputes or making binding legal rulings.

D. Procedure in the Commission on Appointments

1. Nomination and Confirmation

   • Upon the nomination of an appointee by the President, the CA conducts public hearings where the nominee is subject to questioning by members of the commission. The nominee’s qualifications, integrity, and competence are scrutinized.
   • After deliberations, the CA either approves or rejects the nomination through a vote.

2. Majority Vote

   • A majority of the members present during a session is needed to approve an appointment. A quorum (majority of all the members) must be present for the CA to conduct its proceedings.

3. Rejection of Appointments

   • If the CA rejects an appointment, the President may appoint another nominee or make an ad interim appointment when Congress is not in session. Such ad interim appointments, however, must still be confirmed by the CA when Congress reconvenes.

4. Ad Interim Appointments

   • The President may make ad interim appointments during recesses of Congress. These appointments are effective immediately but are subject to confirmation by the CA upon the reconvening of Congress. If the CA rejects the ad interim appointee, they are automatically removed from office.

III. Distinction Between the Electoral Tribunals and the Commission on Appointments

1. Functions

   • The Electoral Tribunals perform a judicial function, specifically resolving electoral contests, while the Commission on Appointments exercises a legislative confirmatory function over certain presidential appointments.

2. Independence

   • Both bodies are constitutionally independent, but their independence is exercised in different spheres. The electoral tribunals are meant to be independent of the houses they serve to ensure impartial resolution of electoral disputes, while the CA ensures the independence of the appointment process from unchecked executive power.

3. Composition and Decision-Making

   • The Electoral Tribunals are composed of members from both Congress and the judiciary, ensuring a blend of political and judicial oversight. The CA, on the other hand, is purely a legislative body composed solely of members of Congress, focusing on legislative oversight of the executive.

In conclusion, both the Electoral Tribunals and the Commission on Appointments are crucial elements in maintaining the system of checks and balances under the 1987 Constitution. They ensure the legitimacy of elected officials and appointees to public office, safeguarding democratic processes through their distinct but complementary roles.

Law-making process | LEGISLATIVE DEPARTMENT

Law-Making Process in the Philippines

(Under Political Law and Public International Law)

The law-making process in the Philippines is governed primarily by Section 26 to Section 27 of Article VI of the 1987 Philippine Constitution, the Rules of the House of Representatives, the Rules of the Senate, and other relevant laws. The Congress of the Philippines, a bicameral body consisting of the Senate and the House of Representatives, is vested with the power to enact laws.

Below is a comprehensive and meticulous breakdown of the legislative process in the Philippines:

1. Proposal of a Bill

• Who May File: Bills may be introduced by any member of Congress (either from the Senate or the House of Representatives). However, appropriation bills, revenue bills, and tariff bills must originate exclusively from the House of Representatives, as mandated by Section 24 of the 1987 Constitution.
• Exception: The President, judiciary, and Constitutional Commissions may not introduce bills directly but can propose measures that sympathetic legislators may file.

2. First Reading

• During the First Reading, the bill is read by its number and title only. No debate or discussion occurs at this stage.
• The bill is referred to the appropriate committee for study and recommendation.
• The committee may conduct public hearings and consultations with stakeholders, experts, and affected sectors.

3. Committee Consideration and Report

• The committee to which the bill is referred evaluates its merits.
• It may recommend approval without amendments, approval with amendments, or disapproval.
• The committee then submits a committee report to the plenary, which may include the amended bill or substitute bill if the original version is substantially altered.

4. Second Reading

• The Second Reading is the most critical stage of the legislative process. Here, the bill is subjected to extensive debate and scrutiny.
• The bill is read in full unless copies have already been distributed to all members.
• Sponsorship: The principal sponsor, usually the chair of the committee to which the bill was referred, explains its purpose and provisions.
• Debate: Members of the chamber may ask questions, propose amendments, or challenge certain provisions.
• Amendments: Any member may propose amendments to the bill. Amendments may be:
  • Committee amendments: Suggested by the committee.
  • Individual amendments: Proposed by individual members.
• The bill is then voted upon in its entirety, with all amendments incorporated.

5. Third Reading

• The bill, now in its final form, is printed and distributed to all members at least three days before the Third Reading.
• No further amendments are allowed at this stage.
• The bill is read by its title only, and each member of the chamber votes on the bill through nominal voting (i.e., roll call vote).
• The results are recorded in the journal of the respective chamber.
• If the bill is approved by a majority of the members present, it is forwarded to the other chamber for concurrence.

6. Transmittal to the Other House

• Once approved by one chamber, the bill is transmitted to the other house (House of Representatives or Senate) where it undergoes the same legislative process:
  • First Reading
  • Committee Consideration
  • Second Reading
  • Third Reading
• If the second chamber amends the bill, the amended bill is returned to the originating chamber for concurrence.
• If the originating chamber does not concur with the amendments, a Bicameral Conference Committee may be convened to reconcile differences.

7. Bicameral Conference Committee

• The Bicameral Conference Committee consists of members from both the Senate and the House of Representatives.
• The committee reconciles any differences between the versions of the bill passed by both chambers.
• The reconciled version is then submitted for ratification by both chambers.
• No amendments are allowed once the bicameral version is presented for ratification.

8. Presidential Action

• After both chambers have ratified the bill, it is enrolled and transmitted to the President for action.
• The President may:
  • Sign the bill into law: The bill becomes a law.
  • Veto the bill: The President returns the bill with a veto message to the chamber where it originated. A vetoed bill may still become law if both chambers of Congress override the veto by a two-thirds vote of all members.
  • Allow the bill to lapse into law: If the President does not act on the bill within 30 days of receiving it, the bill automatically lapses into law without the President's signature.

9. Veto Override

• If the President vetoes the bill, Congress may reconsider the veto.
• Both chambers must vote separately to override the veto, requiring a two-thirds majority in each chamber.
• If successful, the bill becomes law notwithstanding the President’s veto.

10. Publication Requirement

• A law must be published either in the Official Gazette or in a newspaper of general circulation before it takes effect, as required by the landmark Supreme Court case of Tañada v. Tuvera (1986).

11. Implementation

• Once the law is published and takes effect, it is implemented by the appropriate government agencies.
• Implementing rules and regulations (IRR) may be drafted by the executive branch to provide specific details for the enforcement of the law.

Special Considerations:

a. Special Bills

• Appropriation bills, revenue bills, and tariff bills must originate exclusively from the House of Representatives. However, the Senate may propose or concur with amendments.
• Private bills that affect specific individuals or groups, such as franchise bills, follow a similar process but often require additional committee hearings to address specific concerns.

b. Emergency Legislation

• In cases of national emergency, Congress may grant emergency powers to the President under specific terms and conditions (Section 23, Article VI of the 1987 Constitution).

c. Treaty-Making Power

• Under public international law, the President of the Philippines, as the chief architect of foreign policy, has the power to negotiate and enter into treaties.
• However, Section 21, Article VII of the 1987 Constitution requires that treaties and international agreements must be concurred by at least two-thirds of all the members of the Senate before they become valid and effective.

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Jurisprudential Clarifications

1. Doctrine of Enrolled Bill

The "enrolled bill doctrine" states that once a bill has been certified by the officials of both chambers as having passed the requisite readings, the courts will not inquire into any irregularities in the legislative process. This was upheld in the case of Astorga v. Villegas.

2. No Law Shall Be Passed by Title Alone

• The 1987 Constitution, under Section 26, mandates that “every bill passed by Congress shall embrace only one subject which shall be expressed in the title thereof.”
• This rule ensures that no provision of the law will be sneaked in unnoticed (e.g., Tolentino v. Secretary of Finance, which examined the constitutionality of revenue provisions under the title of a general law).

3. Three Readings on Separate Days

• The Constitution requires that a bill undergoes three readings on separate days, except when certified as urgent by the President.
• A presidential certification only dispenses with the requirement of separate days for the readings, not the three readings themselves.

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The legislative process in the Philippines is designed to ensure that proposed laws undergo rigorous scrutiny by lawmakers while also providing checks and balances through the bicameral nature of Congress and the executive’s power to veto. The law-making process also reflects the country’s adherence to constitutional mandates, which safeguard the democratic process of law creation.

Discipline of Members | LEGISLATIVE DEPARTMENT

Legislative Department: Discipline of Members (Philippine Constitutional Law)

Under the 1987 Philippine Constitution, the legislative branch of government is vested in Congress, which is bicameral in nature, consisting of the Senate and the House of Representatives. Each chamber has autonomy over its internal governance, including the discipline of its members. The provisions governing the discipline of members of Congress are found in Article VI of the Constitution, as well as in the rules of each legislative chamber.

Constitutional Provisions on Discipline

1. Power to Discipline Its Members

   • Article VI, Section 16(3) of the 1987 Constitution provides that:

     "Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds of all its members, suspend or expel a member."

   This grants each chamber of Congress the exclusive power to discipline its own members for conduct that violates its internal rules or for behavior deemed "disorderly." This reflects the principle of legislative autonomy, where each House exercises authority over its internal affairs without interference from the other or from external bodies.

2. Grounds for Discipline The Constitution does not exhaustively list the grounds for disciplinary action but uses the term "disorderly behavior." The actual grounds and procedures for discipline are typically specified in the internal rules of the Senate and the House of Representatives, and may include:

   • Conduct unbecoming of a legislator, either inside or outside the chamber;
   • Violation of internal rules or ethical standards;
   • Criminal convictions;
   • Corruption or abuse of office.

3. Forms of Disciplinary Action Under the Constitution and the internal rules of both Houses, disciplinary actions may include:

   • Reprimand or censure: A formal statement of disapproval, often for less severe infractions.
   • Suspension: Temporary removal of a member from participation in legislative activities. This requires a vote of two-thirds of all the members of the respective House. Suspension is often imposed for more serious infractions, though the duration of the suspension must not exceed 60 days (Article VI, Section 16[3]).
   • Expulsion: The most severe form of discipline, which results in permanent removal from office. Expulsion likewise requires the concurrence of two-thirds of all the members.

4. Procedural Safeguards

   • Due process must be observed before any member can be suspended or expelled. Although Congress has wide discretion in disciplining its members, the rules of natural justice, particularly the right to be heard, must be upheld. The disciplinary process is typically initiated by a complaint or resolution within the chamber, followed by investigation and hearings before the appropriate committee (e.g., the Ethics Committee).
   • The constitutional provision that requires a two-thirds vote to suspend or expel members is a procedural safeguard against arbitrary or politically motivated actions.

5. Immunity from Arrest

   • Article VI, Section 11 of the Constitution provides that:

     "A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session."

   This immunity prevents the arrest of legislators for certain offenses during sessions of Congress, but it does not shield them from disciplinary action by their own chamber. Moreover, immunity does not extend to offenses punishable by more than six years of imprisonment, such as serious crimes like treason, murder, or plunder.

6. Effects of Criminal Conviction

   • If a member of Congress is convicted of a crime involving moral turpitude or is sentenced to more than six years imprisonment, this can serve as grounds for expulsion. While the Constitution does not explicitly provide for automatic expulsion upon conviction, most chambers have internal rules allowing for such action.

7. Inquiries in Aid of Legislation and Contempt Powers

   • Each House has the power to conduct inquiries in aid of legislation (Article VI, Section 21). In connection with this, the respective Houses may cite individuals, including members, for contempt for failure to comply with a subpoena or for obstructing the proceedings of Congress. Disciplinary measures may be invoked against members who are found in contempt of a legislative inquiry.

8. House of Representatives and Senate Rules

   • Both the House of Representatives and the Senate have their own rules of procedure governing discipline. For instance, in the House of Representatives, the Committee on Ethics and Privileges investigates complaints and recommends sanctions. In the Senate, the Senate Committee on Ethics and Privileges performs a similar function. Both committees have the authority to recommend appropriate sanctions, which may then be approved or modified by a vote of the entire chamber.

   Notably, internal rules often provide guidelines on how investigations should be conducted, ensuring transparency and accountability in the process.

Case Law and Judicial Review

While the Constitution grants each chamber of Congress the exclusive authority to discipline its members, the exercise of this power is subject to the fundamental principle of due process. The Supreme Court has ruled in several cases that while the judiciary generally refrains from interfering in the internal proceedings of Congress (a reflection of the doctrine of separation of powers), it retains the power to review whether legislative actions conform to constitutional requirements.

1. Paredes v. Sandiganbayan (1999)

   • In this case, the Supreme Court ruled that criminal prosecution of members of Congress is not a ground for invoking legislative immunity from disciplinary action. The Court emphasized that members of Congress are not above the law and can be subject to criminal prosecution, in addition to any disciplinary action imposed by the legislative chamber.

2. Osmeña v. Pendatun (1960)

   • This landmark case held that the legislative power to discipline members is primarily an internal matter of Congress, and the courts will not intervene unless there is a clear violation of constitutional rights. The Supreme Court stated that Congress has the power to discipline its members for disorderly conduct as it sees fit, subject to due process.

Conclusion

The discipline of members of Congress is primarily governed by the principle of legislative autonomy, allowing each chamber to control its internal proceedings and maintain order. The power to discipline includes reprimand, suspension, and expulsion, with significant safeguards, including a two-thirds vote requirement and due process protections. However, legislative discipline is not beyond the reach of judicial review, particularly where constitutional rights are implicated.

In summary, the disciplinary process in Congress is a balance between preserving legislative independence and upholding the rule of law, ensuring that members of Congress remain accountable both to their peers and to the public.

Quorum and Voting Majorities | LEGISLATIVE DEPARTMENT

Political Law and Public International Law > IX. Legislative Department > E. Quorum and Voting Majorities

1. Quorum:

A quorum refers to the minimum number of members of a deliberative body, such as a legislative assembly, required to be present in order to legally transact business or pass legislation. Under the 1987 Philippine Constitution, the rules regarding quorum in legislative bodies are outlined in Article VI.

• Article VI, Section 16(2):
  • It provides that a quorum in either House of Congress (the Senate or the House of Representatives) shall consist of a majority of each House’s members.
  • Specifically:
    • The Senate: A majority of all its members (24 members in total) is required to form a quorum. This means at least 13 members must be present.
    • The House of Representatives: A majority of all its members (depending on the current composition, but often around 152-155 members) is required to form a quorum.

Without a quorum, the legislative body cannot conduct its business. However, members who are present, even in the absence of a quorum, are allowed to:

• Call the attention of the presiding officer to the lack of a quorum.
• Compel the attendance of absent members.

2. Voting Majorities:

Different voting majorities are required in Congress depending on the nature of the matter being voted upon. The Philippine Constitution mandates specific thresholds based on the importance of the action to be taken. These are:

a. Simple Majority:

A simple majority refers to a vote of more than half of the members present during a quorum. It is the most basic threshold for passing general legislation.

• Article VI, Section 16(2):
  • A simple majority of members present, constituting a quorum, is typically required for ordinary legislation and motions, such as:
    • Passing a bill (general legislation).
    • Approval of resolutions.
  • For instance, if 20 Senators are present during a session, a vote of at least 11 Senators is needed to pass a bill.
  • In the House of Representatives, assuming a quorum of 152 members is present, a simple majority would require at least 77 affirmative votes.

b. Absolute Majority (Majority of All Members):

An absolute majority requires the vote of more than half of all members of a particular House of Congress, not just those present during the session.

• It is required in some cases, such as:
  • Expulsion of a member (Article VI, Section 16[3]): A member of Congress may be expelled with the concurrence of two-thirds of all its members. This means 16 Senators or around 200 House members.
  • Override of a Presidential Veto (Article VI, Section 27[1]): To override the President's veto, Congress needs a two-thirds vote of all its members. This means 16 Senators and two-thirds of all members of the House.

c. Special Majorities:

1. Two-thirds Majority: Certain critical actions require a two-thirds vote of the total membership of either or both Houses of Congress. These include:

   • Declaration of the existence of a state of war (Article VI, Section 23[1]):

     • Both Houses of Congress, voting separately, need a two-thirds majority of all members to declare the existence of a state of war.
     • This would mean 16 votes in the Senate and approximately 203 votes in the House of Representatives.

   • Amending or revising the Constitution (Article XVII, Section 1):

     • Congress may propose amendments to or revisions of the Constitution upon a vote of three-fourths of all its members.
     • In this case, a total of 18 Senators and 228 Representatives would be required for such a measure to pass.

2. Three-fourths Majority:

   • Grant of emergency powers to the President (Article VI, Section 23[2]):
     • In times of national emergency, Congress may, by law, authorize the President to exercise powers necessary to carry out a national policy. This requires a three-fourths vote of all members of both Houses.

3. Impeachment Proceedings (Article XI, Section 3):

   • Initiation of Impeachment (One-third of House Members):
     • A verified complaint for impeachment may be filed by any member of the House of Representatives or by any citizen upon a resolution of endorsement by any member thereof. It must be supported by at least one-third of all members of the House to proceed to trial in the Senate.
   • Conviction by the Senate (Two-thirds Majority):
     • Conviction requires a vote of at least two-thirds of all the members of the Senate sitting as an impeachment court. This means at least 16 Senators must vote in favor of conviction.

d. Plurality Vote:

In the election of the Speaker of the House of Representatives and the Senate President, a plurality vote is typically applied. This means the candidate who garners the highest number of votes among those present wins, even if they do not obtain an absolute majority.

3. Key Points:

• Effect of Lack of Quorum: No business can be transacted without a quorum, except to adjourn from day to day or to compel the attendance of absent members (Article VI, Section 16[2]).
• Attendance during Sessions: Members of Congress are constitutionally required to attend all its sessions unless they are excused or are on official mission (Article VI, Section 16[2]).
• Participation in Voting: Each member of either House shall cast their vote on every question put to a vote unless disqualified by a legal reason. Failure to vote may subject a member to disciplinary measures.

Summary

The Constitution provides specific guidelines for quorum and voting majorities in both Houses of Congress. A quorum, or majority of all members, is necessary for any legislative action. Simple majority, absolute majority, two-thirds, and three-fourths majorities are used depending on the significance of the legislative action. Special thresholds exist for constitutional amendments, declarations of war, impeachment, and emergency powers for the President, reflecting the critical importance of these decisions.

This structure ensures that Congress operates with sufficient participation and reflects democratic principles while safeguarding the integrity of important decisions by requiring more than simple majority in special cases.

Legislative Privileges, Inhibitions, and Disqualifications | LEGISLATIVE DEPARTMENT

Legislative Privileges, Inhibitions, and Disqualifications under Philippine Law

In the Philippine Constitution, legislators—both Senators and Members of the House of Representatives—are afforded specific privileges and subjected to certain inhibitions and disqualifications in order to protect the integrity of the legislative process, safeguard the independence of the legislative branch, and ensure ethical conduct. These rules are essential in preventing conflicts of interest, promoting transparency, and maintaining the dignity of the legislative office. The relevant provisions can primarily be found in Article VI of the 1987 Constitution.

1. Legislative Privileges

a. Freedom of Speech and Debate Under Section 11, Article VI of the 1987 Constitution, members of Congress are protected by parliamentary immunity. It states:

“A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.”

This parliamentary privilege grants legislators:

• Immunity from Arrest: A legislator cannot be arrested for crimes punishable by imprisonment of six years or less while Congress is in session. However, for serious offenses (e.g., crimes punishable by more than six years), this privilege does not apply.

• Speech and Debate Immunity: Legislators cannot be questioned or held liable in any other place for any speech, debate, or utterance made in the discharge of their official functions within the halls of Congress. This ensures freedom of speech within Congress without fear of external pressure or reprisals.

b. Privilege from Arrest The immunity from arrest applies only while Congress is in session. The scope of this privilege is limited to minor offenses (those punishable by six years or less). It serves to protect the independence of the legislature and ensure the uninterrupted participation of members in legislative functions.

2. Legislative Inhibitions and Disqualifications

To prevent conflicts of interest and safeguard public office's integrity, the Constitution imposes several prohibitions on legislators:

a. Conflict of Interest Provisions (Section 14, Article VI)
Legislators are prohibited from having a direct or indirect interest in government contracts and businesses during their term. The provision states:

“No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither 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 of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries, during his term of office. He shall 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.”

Key points:

• Prohibition against Appearing as Counsel: Legislators are forbidden from appearing as legal counsel before any court, quasi-judicial body, or administrative body during their term of office. This prevents legislators from using their influence to sway legal proceedings in favor of their clients.

• Prohibition on Financial Interest in Government Contracts: Legislators cannot have any direct or indirect financial interest in any government contract, franchise, or special privilege. This ensures that legislators do not exploit their positions for personal financial gain.

• Prohibition on Intervention for Pecuniary Benefit: Legislators cannot intervene in any government matter for personal monetary gain. This prevents the use of legislative power for personal enrichment.

b. Incompatibility with Other Offices (Section 13, Article VI)

“No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat.”

This prohibition seeks to prevent legislators from holding conflicting roles in government to maintain the separation of powers and prevent undue influence. The legislature must remain independent from other branches of government.

Key aspects:

• Holding Another Office: A legislator who accepts or holds another office in the government automatically forfeits their legislative seat. The goal is to avoid conflicts of interest and ensure that legislators focus solely on their legislative duties.

• Incompatibility with Public Office: This extends to employment in any government entity, including government-owned or controlled corporations. This ensures that public service is not compromised by dual roles that may lead to conflicts of interest.

c. Prohibition on Appointments and Employment After Term (Section 6, Article IX-B) Former legislators are barred from being appointed to any government office that was created, or where the emoluments were increased, during their term of office. This prevents legislators from passing laws that benefit them personally in the future.

d. Prohibition Against Nepotism (Civil Service Laws) Although not explicitly stated in the Constitution, the Civil Service Law applies to legislators as well, prohibiting nepotism in appointments within government offices under their influence.

3. Additional Disqualifications

Beyond the constitutional provisions, there are other legal and ethical guidelines applicable to legislators:

a. Statutory Disqualifications
Certain laws may impose additional disqualifications on legislators, particularly those related to conflict of interest, anti-graft laws, and anti-corruption measures, such as:

• Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act): This act imposes penalties on legislators who engage in corrupt practices, including the improper use of influence, entering into prohibited contracts, or committing acts that amount to graft or corruption.

b. Disqualification Due to Election Offenses Under the Omnibus Election Code, a legislator convicted of an election offense is disqualified from holding public office. This prevents individuals who undermine the electoral process from serving as public officials.

4. Jurisdiction Over Disputes on Privileges, Inhibitions, and Disqualifications

a. Ethics Committees Each House of Congress has its Ethics Committee, which handles cases of unethical conduct by its members. These committees have the power to recommend disciplinary actions, including suspension or expulsion, against legislators who violate the rules on privileges, inhibitions, and disqualifications.

b. The Supreme Court The Supreme Court of the Philippines has the ultimate authority to interpret constitutional provisions, including those related to the legislative department. In cases involving disputes over legislative privileges, inhibitions, or disqualifications, the Supreme Court may be called upon to rule on the constitutionality of actions or decisions.

c. Electoral Tribunals The Senate Electoral Tribunal (SET) and the House of Representatives Electoral Tribunal (HRET) handle disputes related to the qualifications, elections, returns, and disqualifications of their respective members. These tribunals have exclusive jurisdiction over such cases.

5. Sanctions for Violations

Violations of the prohibitions on legislative inhibitions and disqualifications can result in various sanctions, including:

• Forfeiture of Legislative Seat: As discussed earlier, holding an incompatible office or employment leads to the automatic forfeiture of the legislative seat.
• Suspension or Expulsion: Violations of ethical standards or legislative rules may result in suspension or expulsion, as recommended by the Ethics Committee of either House of Congress.
• Criminal or Administrative Liability: Violations of anti-graft laws, election laws, or other statutory provisions can lead to criminal or administrative cases, resulting in imprisonment, fines, or disqualification from public office.

Conclusion

The privileges, inhibitions, and disqualifications of legislators under the 1987 Philippine Constitution reflect the delicate balance between ensuring the independence and effectiveness of the legislative branch while safeguarding it against conflicts of interest, unethical behavior, and abuses of power. These constitutional safeguards serve to uphold the dignity of the legislature and protect the public trust in its elected officials.

Declaration of the Existence of a State of War | LEGISLATIVE DEPARTMENT

Declaration of the Existence of a State of War

1. Constitutional Basis

The declaration of the existence of a state of war is governed by the 1987 Philippine Constitution, specifically Article VI, Section 23(1). This provision states:

"The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war."

Key points:

• Sole Power of Congress: The authority to declare war is exclusively vested in Congress. This emphasizes the separation of powers, ensuring that the executive branch does not unilaterally engage in warfare.
• Voting Requirement: The declaration requires a two-thirds vote of all the members of both the Senate and the House of Representatives. This vote must be conducted while Congress is in joint session but voting separately.
• Joint Session: While the two chambers of Congress convene together, the voting is conducted separately by each chamber.

2. Role of the Executive

While Congress has the sole authority to declare the existence of a state of war, the President, as Commander-in-Chief of the Armed Forces (Article VII, Section 18), plays a critical role in the implementation and prosecution of such a war:

• The President cannot declare war but can request Congress to declare war if circumstances require it.
• As Commander-in-Chief, the President directs the conduct of military operations after a declaration of war.
• In certain cases, the President may use the calling out powers (Article VII, Section 18) to prevent or suppress violence, rebellion, or invasion, but this does not constitute a declaration of war.

3. Historical Context

The constitutional provision on the declaration of war reflects lessons from history:

• Pre-1935 Constitution: During the Spanish and American colonial periods, the power to declare war was vested in foreign sovereigns (Spain and the United States).
• 1935 Constitution: The Philippine Commonwealth Constitution (1935) vested the declaration of war in the National Assembly.
• The 1941 Japanese invasion led to the Philippines becoming involved in World War II after the United States' declaration of war.
• Post-World War II, under the 1973 Constitution, the power to declare war was similarly vested in Congress, though with increased centralization of power in the executive during Martial Law.
• The 1987 Constitution restored and reinforced the principle of checks and balances, particularly emphasizing the role of Congress in war declarations.

4. Implications of the Declaration

The declaration of a state of war has profound legal and practical consequences:

• Military Engagement: Upon the declaration of war, the Philippines is engaged in active hostilities against another state or entity. This engages the nation's armed forces in both offensive and defensive operations.
• Suspension of Certain Rights: During a state of war, certain rights may be restricted in the interest of national security, though martial law and the suspension of the writ of habeas corpus are separate measures and are not automatically invoked by a declaration of war (Article VII, Section 18).
• International Relations: A declaration of war may affect diplomatic relations, triggering obligations under international treaties, such as defense agreements (e.g., Mutual Defense Treaty with the United States). It may also invoke international humanitarian law (laws of war), including the Geneva Conventions.

5. Role of Public International Law

The declaration of war is also governed by principles of Public International Law:

• UN Charter and War: The United Nations Charter (to which the Philippines is a signatory) significantly restricts the use of force by states. Article 2(4) of the UN Charter prohibits the threat or use of force except in cases of self-defense or when authorized by the UN Security Council.
• The declaration of war must be consistent with international law, particularly the rules on jus ad bellum (the right to wage war).
• International Humanitarian Law (IHL): Once war is declared, the Philippines must adhere to the obligations under IHL, specifically the Geneva Conventions, which govern the conduct of hostilities and protect persons who are not or no longer participating in the conflict, such as civilians and prisoners of war.

6. Congressional Oversight and Termination of War

After the declaration of war:

• Congress retains the power to terminate the state of war. This can occur through the passage of a resolution or legislation indicating that the conflict has ended or been resolved.
• Congress also exercises oversight functions by controlling the budget for military operations, ensuring accountability in the prosecution of war.

7. Practical Challenges

In practice, the declaration of a state of war by Congress can raise several issues:

• Speed of Response: Modern warfare may require quick military responses, which can be challenging given the procedural requirements for a joint session and a two-thirds vote.
• Political Will: Securing a two-thirds vote in both houses of Congress can be politically challenging, especially in situations where the nation may be divided on whether to engage in a conflict.
• Diplomatic Consequences: A formal declaration of war can have significant diplomatic ramifications, including the potential escalation of conflict, trade sanctions, and impacts on foreign alliances.

8. Comparative Legal Perspectives

• In other jurisdictions, the power to declare war may be vested solely in the executive (e.g., United Kingdom, where the Royal Prerogative allows the Prime Minister to declare war), or shared between the executive and legislature (e.g., United States, where Congress has the power to declare war, though the President may conduct military operations without a formal declaration).

9. Relevant Cases and Jurisprudence

There are limited cases in Philippine jurisprudence directly addressing the declaration of war. However, key decisions highlight related principles on the limits of executive power and the role of Congress in times of conflict, such as:

• Lansang v. Garcia (1971), which examined the calling out powers of the President.
• David v. Arroyo (2006), which tackled the constitutionality of emergency measures during political crises.

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This comprehensive outline addresses the legal framework, historical context, and practical implications of the declaration of the existence of a state of war under Philippine law, reflecting both domestic and international legal considerations.

Party-List System | House of Representatives | Chambers of Congress; Composition; Qualifications | LEGISLATIVE DEPARTMENT

Political Law and Public International Law: Legislative Department > Chambers of Congress; Composition; Qualifications > House of Representatives > Party-List System

The Party-List System is a distinct feature of the Philippine electoral process under the 1987 Constitution. It is designed to promote proportional representation in the House of Representatives and ensure that marginalized and underrepresented sectors of society are given a voice in legislative affairs. Below is a detailed explanation of the key components of the Party-List System under Philippine law.

1. Constitutional Foundation

The 1987 Philippine Constitution, under Article VI, Section 5(2), provides that:

• The House of Representatives shall consist of members elected from legislative districts and those elected through a party-list system.
• The party-list representatives shall constitute 20% of the total number of the House of Representatives.
• The manner and form of the party-list election are left to the discretion of Congress through enabling laws.

2. Republic Act No. 7941 (The Party-List System Act)

Enacted in 1995, RA No. 7941 provides the legal framework for the implementation of the Party-List System. The law ensures proportional representation through the election of party-list groups, organizations, or coalitions in the House of Representatives. Below are the critical features of the Act:

a. Objectives of the Party-List System:

The Party-List System aims to:

• Enhance the representation of marginalized and underrepresented sectors.
• Broaden the base of the legislature by involving sectors that traditionally have no access to political power.
• Institutionalize a system of proportional representation in the legislative branch.

b. Eligibility Requirements:

1. Who may participate:

   • National, regional, and sectoral parties or organizations registered with the Commission on Elections (COMELEC).
   • Sectoral organizations representing labor, peasant, fisherfolk, urban poor, indigenous cultural communities, women, youth, and other sectors traditionally marginalized and underrepresented.

2. Qualifications of nominees:

   • Nominees of party-list groups must be Filipino citizens.
   • They should be bona fide members of the party or organization they represent.
   • Nominees must adhere to the advocacy of the party-list they represent and should belong to the sector being represented, except for political parties.

3. Exclusions:

   • Religious organizations are prohibited from participating in the party-list elections.
   • Political parties that are represented in district elections may participate in the party-list system, but they are subject to strict scrutiny to ensure that their participation does not dilute the representation of marginalized sectors.

c. Allocation of Party-List Seats:

1. Number of seats:

   • The Constitution mandates that 20% of the total members of the House of Representatives shall be allocated to party-list representatives. However, the Supreme Court clarified that this percentage pertains to the total number of seats, not a separate allocation.

2. Determining the number of seats: The allocation of seats under the Party-List System follows the multi-seat proportional representation based on the total votes cast for each party-list organization. The rules for determining the seats are:

   • A party-list organization must secure at least 2% of the total votes cast for party-list elections to be entitled to one seat.
   • If an organization garners more than 2%, it may be entitled to additional seats, provided that no party-list organization can hold more than three seats, regardless of the total number of votes.

3. Three-seat cap: No party-list organization is entitled to more than three seats in the House of Representatives. This provision aims to prevent any one organization from dominating the party-list representation.

4. Second-round allocation (Banat v. COMELEC): The Banat v. COMELEC (G.R. No. 179271, 2009) ruling provided clarity on the allocation of party-list seats:

   • Party-list groups that do not meet the 2% threshold are still eligible to be assigned seats under the second round of allocation to ensure that the 20% requirement for party-list representation is met.
   • The formula ensures a more proportional representation system by redistributing seats to groups that may not have met the 2% threshold but still garnered a significant number of votes.

3. Qualifications of Party-List Representatives

Party-list representatives in the House of Representatives must meet the following general requirements:

• Must be a natural-born citizen of the Philippines.
• At least 25 years of age on the day of the election.
• Able to read and write.
• A registered voter.
• A resident of the Philippines for at least one year before the election.

4. Key Supreme Court Decisions

Several key Supreme Court rulings have shaped the interpretation and application of the Party-List System:

a. Ang Bagong Bayani v. COMELEC (G.R. No. 147589, 2001):

This landmark case emphasized that the party-list system is reserved for marginalized and underrepresented sectors. It prohibits the participation of traditional political parties or those not representing marginalized sectors unless they can demonstrate that they advocate for or represent these groups.

b. Atong Paglaum v. COMELEC (G.R. No. 203766, 2013):

In this case, the Supreme Court redefined the rules on who can participate in the party-list system. It allowed national, regional, and sectoral parties or organizations to run under the party-list system, not necessarily limited to the marginalized sectors. The Court clarified that the Constitution does not limit party-list participation to marginalized sectors, and thus, political parties can run provided they represent the interests of marginalized groups or sectors.

c. Banat v. COMELEC (G.R. No. 179271, 2009):

This ruling clarified the allocation of seats in the House of Representatives for party-list groups. It introduced the two-round system of seat allocation, ensuring that all party-list seats are filled even if the 2% threshold is not met by all the participating groups.

5. Challenges and Criticisms of the Party-List System

• Politicization: One of the main criticisms of the party-list system is the alleged participation of elite political clans or powerful political figures, who either use the party-list system as a backdoor to gain more seats in Congress or as a means to expand political influence.

• Non-representative groups: There have been instances where party-list groups that claim to represent marginalized sectors are seen as fronts for political dynasties or traditional political parties. The system has been accused of being co-opted by interest groups that do not genuinely represent the sectors they claim to.

• Dilution of marginalized representation: Some argue that the inclusion of traditional political parties and non-marginalized groups in the party-list system dilutes its original intention of representing marginalized sectors.

6. Reforms Proposed

To address these challenges, various reforms have been proposed, including:

• Stricter vetting of party-list groups and nominees to ensure that they genuinely represent marginalized sectors.
• Revisiting the 2% threshold to allow more equitable distribution of seats to smaller party-list groups.
• Strengthening COMELEC's powers to disqualify groups that are obviously not aligned with the intent of the Party-List System.

7. Party-List in the Broader Context of the Legislative Department

The party-list representatives form part of the broader framework of bicameralism in the Philippines. As part of the lower house, they participate in legislative functions, including the passage of laws, budget appropriations, and the exercise of legislative oversight. They also serve as spokespersons for the sectors they represent, ensuring that the voices of the marginalized are considered in national policy-making.

Conclusion

The Party-List System is a vital part of the House of Representatives, meant to provide proportional representation and amplify the voices of marginalized sectors. However, its implementation has faced legal, political, and practical challenges. The key to its success lies in continued reform and proper enforcement to prevent abuses while ensuring that it fulfills its constitutional mandate.

District Representatives and Questions of Apportionment | House of Representatives | Chambers of Congress; Composition; Qualifications | LEGISLATIVE DEPARTMENT

House of Representatives: District Representatives and Questions of Apportionment

1. District Representatives:

The House of Representatives is one of the two chambers of the Congress of the Philippines, and it consists of district representatives and party-list representatives. The primary function of the House of Representatives is to enact laws. The Philippine Constitution, specifically in Article VI, Section 5, outlines the structure, qualifications, and apportionment of the House of Representatives.

Composition of the House of Representatives:

• The House of Representatives is composed of members elected from legislative districts across the country and party-list representatives.
• Legislative districts are created based on geographical, population, and administrative considerations.
• Party-list representatives are elected to represent marginalized and underrepresented sectors of society.

District Representatives:

• District representatives are elected by voters from legislative districts. Each district elects one representative.
• The district representative serves a term of three years, with a limit of three consecutive terms.
• The qualifications for a district representative are provided in Article VI, Section 6 of the 1987 Constitution, and they include:
  • A natural-born citizen of the Philippines.
  • At least 25 years of age on the day of the election.
  • Able to read and write.
  • A registered voter in the district in which the candidate is running.
  • A resident of the legislative district for not less than one year immediately preceding the election.

2. Apportionment of Legislative Districts:

Apportionment is the division or allocation of legislative districts based on specific criteria, such as population size, geography, and administrative convenience. The apportionment process determines the number of districts and their boundaries, which in turn affects the number of district representatives in the House.

Constitutional Basis for Apportionment:

• Article VI, Section 5 (1) of the 1987 Constitution provides that the House of Representatives shall be composed of not more than 250 members, unless otherwise fixed by law.
• Article VI, Section 5 (3) provides that Congress shall make a reapportionment of legislative districts within three years following the return of every census.

Criteria for Apportionment:

• Population Size: The primary basis for creating legislative districts is the population size. The Constitution mandates that each legislative district shall have approximately equal numbers of inhabitants, ensuring that representation in the House of Representatives is proportionate to population distribution. This principle is often referred to as the "one-person, one-vote" rule, which aims to avoid malapportionment.
• Territorial Integrity: The Constitution also emphasizes that the legislative districts must respect the integrity of existing political subdivisions, such as provinces, cities, and municipalities. A district should be contiguous, compact, and adjacent, adhering to natural geographic boundaries and administrative divisions.
• Practicability and Administrative Convenience: In apportioning districts, Congress may also consider administrative convenience and the need for practicability in governance. However, population remains the overriding criterion.

Key Constitutional Provisions:

• Equal Representation: The Constitution seeks to achieve equal representation by requiring that legislative districts have a relatively uniform population size. This principle aims to ensure that all Filipinos are equally represented in the House of Representatives, regardless of their geographical location.
• Apportionment After Census: Congress is mandated to undertake reapportionment following the return of every national census, which occurs every ten years. This ensures that representation remains proportionate to population shifts and demographic changes. However, reapportionment is often delayed due to political considerations or legislative inaction.

3. Issues and Challenges in Apportionment:

Gerrymandering:

• Gerrymandering refers to the manipulation of legislative district boundaries to favor a particular political party or candidate. This practice undermines the principle of equal representation and often leads to disproportionate influence for certain regions or political groups.
• In the Philippines, there have been instances of gerrymandering, particularly in cases where new legislative districts are created for political convenience rather than based on population size. This is a contentious issue, as it compromises the democratic process by giving certain regions or politicians an unfair advantage.

Malapportionment:

• Malapportionment occurs when legislative districts have unequal population sizes, leading to an imbalance in representation. Districts with smaller populations may have disproportionately higher representation in the House, while more populous districts may be underrepresented.
• Malapportionment can occur due to delays in reapportionment, failure to account for rapid population growth in certain areas, or political considerations that prevent the proper realignment of district boundaries.

Delayed Reapportionment:

• One of the major issues in apportionment is the delay in reapportionment. Although the Constitution mandates reapportionment after every census, Congress has often failed to promptly adjust district boundaries. This has led to outdated districts that do not accurately reflect current population distribution.
• Delayed reapportionment results in malapportionment, which weakens the representational integrity of the House of Representatives.

Apportionment and Creation of New Legislative Districts:

• Congress has the authority to create new legislative districts, especially in areas that experience significant population growth or changes in administrative status (e.g., cities that are converted from municipalities).
• The creation of new districts is governed by Republic Act No. 7160 (Local Government Code) and relevant laws that ensure administrative feasibility, population size, and political considerations.
• The creation of new districts should follow the constitutional mandate for equal representation and respect for political subdivisions.

4. Judicial Review of Apportionment:

The Supreme Court of the Philippines has the power to review the constitutionality of apportionment laws and the creation of legislative districts. Judicial review ensures that apportionment adheres to the principles of equal representation, population size, and territorial integrity.

Relevant Cases:

• Mariano vs. COMELEC (G.R. No. 118577, 1995): In this case, the Supreme Court ruled on the creation of new legislative districts, emphasizing the need for compliance with the constitutional mandate on population size and political subdivision integrity.
• Bagabuyo vs. COMELEC (G.R. No. 176970, 2007): This case involved the constitutionality of the creation of a new legislative district. The Supreme Court ruled that the creation of legislative districts must conform to the requirements of equal representation and respect for political subdivisions.

5. Conclusion:

The apportionment of legislative districts in the House of Representatives plays a critical role in ensuring democratic representation in the Philippines. The Constitution provides clear guidelines for the apportionment process, emphasizing equal representation, population size, and territorial integrity. However, issues such as gerrymandering, malapportionment, and delayed reapportionment remain challenges that must be addressed to ensure the integrity of the legislative process. Judicial review serves as a check on the apportionment process, ensuring compliance with constitutional standards. Ultimately, proper apportionment is essential for a functioning democracy that fairly represents the interests of all citizens.

Senate | Chambers of Congress; Composition; Qualifications | LEGISLATIVE DEPARTMENT

Senate of the Philippines: Composition, Qualifications, and Legislative Functions

I. Constitutional Basis

The Senate of the Philippines is one of the two chambers of Congress, alongside the House of Representatives. Its creation, composition, qualifications, and functions are primarily governed by the 1987 Philippine Constitution, specifically under Article VI (The Legislative Department).

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II. Composition of the Senate

The Senate is composed of 24 Senators who are elected at large by the qualified voters of the Philippines. This means that Senators represent the entire nation rather than specific districts or regions, unlike members of the House of Representatives.

• Term of Office:

  • A Senator serves for a term of six years.
  • However, no Senator shall serve for more than two consecutive terms. A Senator who has served two consecutive terms must sit out at least one election cycle before becoming eligible to run again.

• Staggered Elections:

  • Elections for the Senate are held every three years during the mid-term and general elections. Half of the Senate (12 Senators) is elected every three years, ensuring that the chamber always has a blend of newly elected and incumbent Senators.

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III. Qualifications for Senators

Under Section 3, Article VI of the 1987 Constitution, the following qualifications are required for an individual to be eligible to run for the Senate:

1. Citizenship:

   • The candidate must be a natural-born citizen of the Philippines. This refers to individuals who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.

2. Age:

   • The candidate must be at least 35 years old on the day of the election.

3. Literacy:

   • The candidate must be able to read and write.

4. Voter Requirement:

   • The candidate must be a registered voter.

5. Residency:

   • The candidate must have resided in the Philippines for at least two years immediately preceding the day of the election.

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IV. Electoral Process and Term Limitation

1. At-Large Election: Senators are elected on a national scale, which differs from the district-based election of representatives in the House of Representatives. This gives Senators a national mandate.

2. Senatorial Elections: These elections are held every three years. As mentioned, half of the Senate is elected every three years to ensure continuity in legislative work.

3. Term Limitation: A Senator may only serve for two consecutive terms. After serving two consecutive terms, they must wait for one full term before running again.

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V. Role of the Senate in the Legislative Process

The Senate, as one chamber of Congress, plays a crucial role in the legislative process. Its powers and functions include:

1. Legislative Power:

   • Like the House of Representatives, the Senate has the power to propose, amend, and pass legislation.
   • Bills may originate from either the Senate or the House of Representatives, except for appropriation, revenue, or tariff bills, which must originate from the House.

2. Concurrence in Treaties and International Agreements:

   • The Senate holds the exclusive power to ratify treaties. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds (16 votes) of all the members of the Senate (Section 21, Article VII of the 1987 Constitution).
   • This power allows the Senate to exercise control over foreign policy.

3. Impeachment Trials:

   • The Senate functions as an Impeachment Court, with the power to try and decide all cases of impeachment. The House of Representatives has the sole power to impeach, but the Senate tries the case.
   • For a conviction, the concurrence of two-thirds of all the Members of the Senate is necessary.
   • Impeachment cases may be brought against the President, Vice President, Members of the Supreme Court, Members of Constitutional Commissions, and the Ombudsman (Section 2, Article XI, Constitution).

4. Confirmation of Appointments:

   • The Senate plays a role in the Commission on Appointments, a body responsible for confirming appointments made by the President, including appointments of key officials such as heads of departments, ambassadors, and officers of the armed forces with the rank of colonel or naval captain.
   • This ensures a system of checks and balances by preventing the President from making unqualified or partisan appointments.

5. Power of Inquiry:

   • The Senate has the authority to conduct inquiries in aid of legislation. This is an investigative function to gather information necessary for the crafting of laws (Section 21, Article VI, Constitution).
   • Committees in the Senate conduct hearings, summon witnesses, and request documents to assist in their inquiries. These inquiries must be related to the Senate’s legislative function.

6. Budgetary Power:

   • The Senate, along with the House of Representatives, is involved in the passage of the national budget. While the General Appropriations Bill must originate from the House, the Senate has the authority to propose amendments.

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VI. Leadership and Structure

The Senate is headed by the Senate President, who is elected by the members of the Senate from among themselves. The Senate President is the presiding officer and has significant powers and duties, including:

1. Appointment of Committees:

   • The Senate President appoints the chairs and members of the Senate's standing committees. These committees are essential to the legislative process, as they conduct hearings, review bills, and draft committee reports.

2. Presiding Over Sessions:

   • The Senate President presides over the sessions of the Senate, maintaining order and ensuring the proper conduct of legislative business.

3. Role in Succession:

   • The Senate President is third in the line of succession to the Presidency, after the Vice President and the Speaker of the House of Representatives (Section 7, Article VII, Constitution).

4. Representation in Joint Sessions:

   • The Senate President, along with the Speaker of the House, co-presides over joint sessions of Congress, such as when the President delivers the State of the Nation Address (SONA).

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VII. Relationship with the House of Representatives

While both the Senate and the House of Representatives possess legislative power, there are distinctions and collaborative functions between the two chambers:

1. Bicameral Legislature:

   • The Philippines has a bicameral legislature, meaning that both the Senate and the House must concur on the passage of a law. A bill must be approved by both chambers before it is presented to the President for approval or veto.

2. Conference Committees:

   • In cases of conflicting versions of a bill between the Senate and the House, a Bicameral Conference Committee is convened to reconcile the differences.

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VIII. Privileges and Immunities

Senators, like other members of Congress, are granted certain privileges and immunities by the Constitution:

1. Freedom from Arrest:

   • Senators are privileged from arrest for offenses punishable by not more than six years of imprisonment while Congress is in session (Section 11, Article VI, Constitution). This privilege is designed to ensure that legislators can perform their duties without undue interference.

2. Parliamentary Immunity:

   • Senators cannot be held liable for any speech or debate made in Congress or in any committee thereof (Section 11, Article VI, Constitution). This parliamentary privilege ensures that Senators can speak freely on matters of national importance without fear of legal action.

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IX. Conclusion

The Senate of the Philippines plays a crucial role in the legislative branch, acting as a national representative body. Its members are elected by the people, and its legislative powers are balanced by constitutional limitations. The chamber’s functions, such as passing laws, ratifying treaties, conducting impeachment trials, and confirming appointments, contribute to the checks and balances of the Philippine government, safeguarding democracy and the rule of law.

Initiative and Referendum | Legislative power | LEGISLATIVE DEPARTMENT

Topic: Initiative and Referendum under the Legislative Department – Philippine Political Law

Constitutional Foundation: The concepts of initiative and referendum in the Philippines are rooted in the principle of direct democracy, whereby citizens can participate in lawmaking, amending, or repealing laws without necessarily going through their representatives in Congress. The 1987 Philippine Constitution explicitly recognizes these mechanisms in Article VI, Section 32:

"The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the 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 thereto, signed by a required number of qualified voters."

This section directs Congress to create the enabling law that implements the systems of initiative and referendum.

Republic Act No. 6735 – The Initiative and Referendum Act

To comply with the mandate of the 1987 Constitution, Congress enacted Republic Act No. 6735, also known as “The Initiative and Referendum Act.” This law governs the procedures and systems by which the people can exercise their sovereign power to directly propose, enact, amend, or repeal laws through initiative or to approve or reject laws through a referendum.

I. Initiative

Definition: An initiative is the power of the people to propose amendments to the Constitution, enact, amend, or repeal laws through a direct action of the electorate. There are three types of initiative provided under RA 6735:

1. Initiative on the Constitution – Direct proposal to amend the Constitution.
2. Initiative on Statutes – Direct proposal to enact or amend national laws.
3. Initiative on Local Legislation – Direct proposal to enact or amend local ordinances.

Process of Initiative:

1. Petition – A petition must be filed, signed by the required number of registered voters. The form of the petition must contain:

   • The proposition (proposed law or amendment),
   • Signatures of registered voters,
   • An abstract of the proposed law or amendment.

   The petition must be signed by at least 10% of the total number of registered voters, of which each legislative district must be represented by at least 3% of its registered voters.

2. Verification – The Commission on Elections (COMELEC) is responsible for verifying the authenticity of the petition and the sufficiency of the signatures.

3. Public Hearing – After verification, a public hearing is conducted to discuss the proposed initiative.

4. Submission to Electorate – Upon approval of the petition, the COMELEC will schedule a national or local referendum for the electorate to vote on the proposed law or amendment.

5. Approval – The initiative is approved if a majority of the votes cast in the referendum are in favor of the proposed law or amendment.

Limitations on Initiative:

• Scope: National statutes or local ordinances can be subject to initiative. However, it cannot be used to amend the Constitution directly, unless it is a proposal to amend.
• Timing: No petition for initiative can be filed within five years after the ratification of a law and within three years after a previous initiative.
• Legislative Act Restrictions: Initiative cannot override decisions on budget appropriations, taxation, and emergency powers granted to the President.

II. Referendum

Definition: A referendum is the power of the people to approve or reject an act or law, or part of it, that has been passed by Congress or a local legislative body. A referendum can also apply to local ordinances.

Types of Referendum:

1. Referendum on Statutes – It refers to the process where the electorate approves or rejects a national law passed by Congress.
2. Referendum on Local Laws – It refers to the process where the electorate approves or rejects local laws or ordinances.

Process of Referendum:

1. Petition – Similar to an initiative, a referendum begins with a petition by the people. This must be signed by the required percentage of the electorate.

   • For a referendum on national laws, the petition must be signed by at least 10% of the total number of registered voters, with at least 3% from each legislative district.
   • For local laws, the petition must be signed by at least 10% of the total registered voters in the local government unit.

2. COMELEC Verification – The petition must be filed with the Commission on Elections (COMELEC), which verifies its authenticity and the sufficiency of the signatures.

3. Public Hearing – A public hearing is conducted to discuss the matter at issue.

4. Submission to Electorate – The COMELEC then sets the date for the referendum. The people vote whether to approve or reject the law.

5. Approval or Rejection – The law is approved or rejected based on the majority of votes cast in the referendum. If a majority votes in favor of the law, it remains valid; if a majority votes against, the law is repealed or voided.

Timing:

• A referendum cannot be held more than once a year on the same subject matter.
• The people may not use referendum within 45 days before a regular election and 90 days before a special election.

III. Jurisprudence on Initiative and Referendum

Several landmark cases have shaped the interpretation of the initiative and referendum process in the Philippines:

1. Santiago v. COMELEC (1997) – This is a pivotal case where the Supreme Court ruled that RA 6735 was insufficient to implement the system of initiative on amendments to the Constitution, because the law failed to provide adequate procedures and standards for such an initiative. As a result, initiatives to amend the Constitution through RA 6735 were effectively rendered unenforceable, pending the enactment of a more precise law. Although RA 6735 provided for initiative on statutes and local ordinances, it was found to be deficient in regard to constitutional amendments.

2. Lambino v. COMELEC (2006) – This case involved a petition for a people’s initiative to amend the 1987 Constitution to shift to a parliamentary system. The Supreme Court ruled against the petition, reiterating that RA 6735 was inadequate for initiatives to amend the Constitution. The Court emphasized that the petition failed to comply with the basic legal requirements for a valid initiative.

IV. Procedural Requirements

1. Form of Petition – The petition must contain the complete text of the proposed law or amendment.
2. Signatures – Must be signed by the requisite number of registered voters, as specified in RA 6735. These signatures must be verified by the COMELEC.
3. Sufficiency – The COMELEC determines whether the petition meets the legal requirements in terms of content and number of signatures.

V. Role of the Commission on Elections (COMELEC)

The COMELEC plays a crucial role in both initiative and referendum processes. Its primary responsibilities include:

• Verifying the authenticity and sufficiency of the petition,
• Setting the dates for the referendum or plebiscite,
• Ensuring the conduct of the voting process is fair and transparent, and
• Certifying the results of the referendum.

VI. Significance of Initiative and Referendum

These processes enhance the democratic framework in the Philippines by allowing citizens to directly participate in the legislative process. Initiative and referendum empower the people to enact laws or to challenge and repeal laws that they disagree with, ensuring that the legislative power is not monopolized by elected representatives but is retained by the people.

In conclusion, initiative and referendum are crucial aspects of direct democracy in the Philippines, mandated by the Constitution and governed by RA 6735. While legislative powers are generally vested in Congress, these mechanisms ensure that the people retain a direct role in lawmaking and constitutional change. However, there are limitations and procedural requirements that must be followed to ensure that the exercise of these powers is legal and legitimate. Jurisprudence has also placed further restrictions, especially on initiatives to amend the Constitution, highlighting the need for further legislative refinement of the system.

Principle of Non-delegability; Exceptions | Legislative power | LEGISLATIVE DEPARTMENT

Principle of Non-Delegability of Legislative Power

Legislative power, as vested in the Congress of the Philippines by the Constitution (Article VI, Section 1), is the authority to enact laws. This power is considered supreme within its sphere and cannot be delegated to any other body or agency unless authorized by the Constitution itself. This principle is known as the "Doctrine of Non-Delegability of Legislative Power."

Rationale for Non-Delegability

1. Separation of Powers: Under the constitutional doctrine of the separation of powers, the legislative, executive, and judicial branches of government have distinct and non-overlapping functions. The legislative branch creates laws, the executive enforces them, and the judiciary interprets them. Delegating legislative power to another branch or body would violate this principle.

2. Responsibility and Accountability: The Constitution vests legislative power in Congress because the people elect their representatives to legislate on their behalf. Delegating this power would dilute the accountability of lawmakers to their constituents.

Exceptions to the Principle of Non-Delegability

The rule on non-delegability is not absolute. Several exceptions have been recognized, both by the Constitution itself and by jurisprudence. These exceptions allow the delegation of certain legislative powers under limited conditions. The most notable exceptions include:

1. Delegation to Local Government Units (LGUs)

Under the Local Government Code (Republic Act No. 7160), Congress delegates certain legislative powers to local government units (LGUs). This is authorized by the Constitution itself (Article X, Section 5) and is an exception to the principle of non-delegability.

• Constitutional Basis: Article X, Section 5 of the 1987 Constitution provides that "Each local government unit shall have the power to create its own sources of revenue and to levy taxes, fees, and charges subject to such guidelines and limitations as the Congress may provide."

• Scope: Local governments can enact ordinances, pass resolutions, and create taxes, subject to statutory limitations provided by Congress.

2. Delegation to the President (Emergency Powers)

The Constitution allows Congress to delegate certain powers to the President in times of national emergency or war. This is provided under Article VI, Section 23(2) of the Constitution, which states:

"In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy."

• Nature: The delegation of emergency powers is a temporary measure to address extraordinary situations. Congress typically enacts a law defining the scope of powers and the duration for which the President can exercise them.

3. Delegation to Administrative Agencies

Congress may delegate rule-making authority to administrative agencies, as long as it provides sufficient standards to guide the exercise of such authority. This is known as subordinate legislation and is considered an exception to the non-delegability rule.

• Tests for Valid Delegation: For the delegation to administrative agencies to be valid, two conditions must be met:

  1. Completeness Test: The law delegating the power must be complete in itself and must set out the policy to be carried out.
  2. Sufficient Standard Test: The law must prescribe adequate standards that guide the agency in implementing the legislative intent.

• Rationale: Congress recognizes that certain matters require technical expertise or detailed management (e.g., taxation, labor relations, energy regulation), which administrative agencies are better equipped to handle.

4. Tariff Powers Delegated to the President

Article VI, Section 28(2) of the Constitution provides that Congress may delegate to the President the authority to fix tariff rates, import and export quotas, and other trade restrictions, within the framework set by Congress. This exception is based on the recognition that tariff and trade matters are subject to rapid changes, necessitating swift and flexible responses.

• Limits: Congress usually provides guidelines for the exercise of this power, including the range of tariff rates that the President can impose or adjust.

5. Delegation to the People (Plebiscites and Referenda)

Congress may also delegate power directly to the people through plebiscites and referenda. This is an exception rooted in direct democracy, where citizens have the opportunity to make decisions on certain issues through a direct vote.

• Constitutional Basis: Article VI, Section 32 of the Constitution mandates that Congress shall provide for a system of initiative and referendum to allow the people to directly propose and enact laws or reject any act or law passed by Congress or the local legislative body.

6. Delegation to the Judiciary (Judicial Rule-Making Power)

Although the legislative power to create laws is non-delegable, Congress has recognized the judiciary's authority to promulgate rules concerning procedure in courts. This delegation is based on the judiciary’s constitutional power under Article VIII, Section 5(5), which grants the Supreme Court the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts.

7. Delegation to International Bodies or Treaties

Under Article VII, Section 21 of the Constitution, the President may enter into treaties or international agreements with the concurrence of the Senate. These treaties, when ratified, can have the effect of domestic law, especially in cases where the treaty is self-executing. In this sense, Congress effectively allows international bodies or treaty agreements to have legislative effects within the domestic sphere.

Illustrative Jurisprudence on Delegation of Legislative Power

1. People v. Vera (1937): This case established the principle that delegation of legislative power is generally impermissible unless exceptions are provided by the Constitution. It invalidated the delegation to the provincial boards of the authority to decide which municipalities would be subject to the probation law.

2. Abakada Guro Party List v. Ermita (2005): In this case, the Supreme Court upheld the delegation of tariff-setting power to the President, recognizing that Congress may delegate powers to adjust tariff rates, as long as it sets the parameters for their exercise.

3. Tolentino v. Secretary of Finance (1994): The Supreme Court upheld the delegation of certain tax powers to the Secretary of Finance. Congress provided clear standards on how the Secretary should implement Value Added Tax (VAT) law provisions, making the delegation valid under the sufficient standard test.

Conclusion

While legislative power is generally non-delegable under the 1987 Philippine Constitution, various exceptions to this principle exist, grounded in practicality and constitutional mandates. These include delegation to local governments, administrative agencies, the President during emergencies, and the people through referenda. For such delegations to be valid, Congress must set adequate standards and clear parameters to guide the exercise of delegated powers, ensuring that the delegating body remains accountable to the people.

Scope and Limitations | Legislative power | LEGISLATIVE DEPARTMENT

POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

IX. LEGISLATIVE DEPARTMENT

A. Legislative Power

1. Scope and Limitations

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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.

1. 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.

2. 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.

3. 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

1. 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.

2. 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).

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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

1. 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.

2. 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

1. 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.

2. 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

1. 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.

2. 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

1. 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.

2. 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.

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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.