POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

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

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.

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)

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.

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.

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.

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.