THE LEGISLATIVE DEPARTMENT

Sec. 1, Art. 6 of the Constitution indicates that the legislative power does not exclusively lie in the Congress, in view of the reservation made regarding initiative and referendum. The Congress also discharges powers of a non-legislative nature, among them are: o Canvass of the presidential elections; o The declaration of the existence of a state of war; o The confirmation of amnesties; o Presidential appointments (through the Commission on Appointments); o The amendment or revision of the Constitution, and; o Impeachment.

The Senate 1. Composition Sec. 2 of Art.6 states that: The Senate shall be composed of 24 Senators who shall be elected at large by the qualified voters of the Philippines. This rule intends to make the Senate a training ground for national leaders and possibly a spring-board to the Presidency. The feeling is that the Senator, will have a broader outlook of the problems of the country instead of being restricted by parochial viewpoints and narrow interests. The Senate is likely to bemore circumspect and broad-minded than the House of Representatives. 2. Qualifications Sec. 3, Art. 6 states the qualifications for membership in the Senate, who must be: o A natural-born citizen of the Philippines; o At least 35 years old; o Able to read and write o A registered voter; o A resident of the Philippines for not less than 2 years immediately preceding the day of the election. According to Art. 4, Sec.2, of the Constitution: natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph 3, Section 1 hereof shall be deemed natural-born citizens. The age of qualification must be possessed on the day of the elections. Residence is to be defined as the place where one habitually resides and to which, when he is absent, he has the intention of returning.

The qualifications prescribed are continuing requirements and they must be possessed for the entire duration of the members incumbency.

3. Term The term of office of the Senators shall be 6 years and shall commence at noon on the 30th day of June next following their election. The first 12 obtaining the highest number of votes shall serve for 6 years and the remaining 12 for 3 years. o The continuity of the life of the Senate is intended to encourage the maintenance of Senate policies as well as guarantee that there will be experienced members who can help and train newcomers in the discharge of their duties. No Senator shall serve for more than 2 consecutive terms. The House of Representatives 1. Composition The HOR consists of two kinds of members: o District Representatives, who are elected directly and personally, and; o Party-list Representatives, who are chosen indirectly through the party they represent. A. District Representatives The HOR shall be composed of 250 members, elected from legislative districts apportioned among the provinces, cities and the Metro Manila area in accordance with the number of their respective inhabitants. Each city with a population of at least 250,000 or each province, shall have at least 1 district representative. The initial apportionment shall be subject to adjustment by the Congress within 3 years after the return of every enumeration to make the representation of the entire nation as equitable as possible. Gerrymandering: The arrangement of districts in such a way as to favor the election of preferred candidates through the inclusion therein only of those areas where they expect to win. B. Party-list Representatives Party-list representatives shall constitute 20% of the total membership of the HOR. For 3 consecutive terms, one-half of the seats allocated to party-list representatives shall be filled, by election or selection from the labor, peasant, urban poor, indigenous cultural communities, women, youth and such other sectors, except the religious sector. Not later than 90 days before election day, any political party, organization, coalition may file a verified petition through its presidents or secretary for its participation in the party-list system, attaching a copy of its constitution, by laws, platform, and list of officers.

The group shall also submit to the COMELEC at least 5 names from which its representatives may be chosen in case it obtains the required number of votes. Every voter shall be entitled to 2 votes: 1 for the candidate for member of the HOR in his legislative district and 1 for the party or organization he wants represented in the HOR. The participants in the party-list system shall be ranked according to the number of votes they received, with those getting at least 2% of the total votes cast for the system being entitled to one seat each. Those obtaining more than 2% shall be given additional seats, but none of them shall have more than 3 seats. Party-list representatives shall have the same rights and are subject to the same inhibitions and disqualifications as the district representative. EXCEPT, when any party-list representative changes his political party during his term of office, he shall forfeit his seat.

2. Qualifications Article VI, Sec. 6 No person shall be a Member of the House of Representatives unless he is a naturalized-born citizen of the Philippines and, on the day of the elections, is at least twenty-five years of age, able to read and write, and except the party-list representatives, a registered voter in the district in which he shall be elected, resident thereof for a period of not less than one year immediately preceding the day of the election.

A. DISTRICT REPRESENTATIVES Naturalized-born citizen At least twenty-five years of age Able to read and write Registered voter in the district in which he shall be elected Resident for a period of NOT LESS THAN ONE YEAR immediately preceding the election day

B. PARTY-LIST REPRESENTATIVES Naturalized-born citizen At least twenty-five years of age but not more than thirty years old on the day of the election Able to read and write Registered voter Resident of the Philippines for a period of NOT LESS THAN ONE YEAR immediately preceding the day of the election Must be a bona fide member of the party at least 90 days preceding the election day

3. Term Article VI, Section 7. The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Member of the House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Term Office/Limit: 3 years, commencing at noon on the 30th day of June next following their election. Maximum number of terms 3 terms or 9 years. Voluntary renunciation of office shall not be considered as an interruption in the continuity of his service for the full term for which he was elected PURPOSE: To synchronize elections

Elections For Members of HOR: all members shall be up for election every three years For Senate: one-half of the Senate shall be up for election every three years In case of vacancy, special election may be called to fill in such vacancy in the manner prescribed by law, but the elected official shall serve only for the unexpired term

Salaries The salaries of Senators and Members of HOR shall be determined by law o No increase until after the expiration of full term of all the Members of the Senate and HOR approving such increase *decrease is not prohibited, even during the term No prohibition against receipt of allowances *seeks to avoid recurrence of abuse in the allotment of allowances which were refused to be divulged to the people Shall be open to public inspection and audited by Commission on Audit

Parliamentary Immunities Article VI, Section 11. 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.

INTENTION: (a.) to ensure representation of the constituents of the member of Congress by preventing attempts to keep him from attending its sessions; (b.) enables legislator to express views without fear of inability to support his statements with evidence 1. Privilege from Arrest Civil arrests Criminal offenses punishable by not more than 6 years imprisonment May be arrested even when House is in session, for crimes punishable by a penalty for more than 6 years

2. Privilege of Speech and Debate REQUIREMENTS: 1st Remarks must be made while the legislature or the legislative committee is functioning 2nd Must be made in connection with the discharge of official duties

CASE JIMENEZ VS. CABANGBANG Facts: The defendant, Bartolome Cabangbang, a member of the House of Representatives and Chairman of its Committee on National Defense, published an open letter to the President that was in several newspapers of general circulation in the Philippines. The letter contained allegations against AFP officers, with aid of some political strategists, that deemed to have three operational plans. The first plan was said to be an insidious plan or a massive political buildup. The second, a coup dtat and the third was a modification of Plan no. 1 The letter also included recommendations to ask a number of government officials to resign from their positions. The plaintiffs, who were those mentioned in the letter filed a case to recover damages, claiming that said letter was libelous. Issues: 1. Whether or not the publication was a privileged communication. 2. Whether or not the said letter was libelous as to entitle the plaintiffs for damages Ruling: 1. The letter or publication in question was not a privileged communication as those specified in the Constitution wherein a Congressman is privileged from arrest from any speech or debate uttered during sessions of the Congress. Such speech or debate only referred to utterances made during the performance of their official functions as members of the Congress, whether in or out of the halls of the Congress. The publication of said letter was ruled as not a performance of the defendants official duty.

2. The Court held that the letter in question is not sufficient to support plaintiffs action for damages since the letter clearly implied that plaintiffs were not among the planners of said coup detat.

OSMENA, JR. VS. PENDATUN Facts: Congressman Sergio Osmena, Jr. was found guilty of serious disorderly behavior and was suspended from office for 15 months. The reason was due to Osmenas speech which he delivered during a session in Congress, stating serious imputations of bribery against the President. In which, Osmena wasnt also able to prove. Osmena contended that the Constitution gave him complete parliamentary immunity, in which he ought not to be questioned; that his speech constituted no disorderly behavior; and, that the House had no power to suspend its members. Issue: Whether or not the claims of Osmena against his suspension are correct. Ruling: It was held by the Court that parliamentary immunity of the members of the Congress was not absolute. The immunity does not protect any member from responsibility whenever his words and conduct are considered disorderly or unbecoming a member thereof. In addition, it was held that a personal attack upon the President constitutes disorderly behavior. Negating the claim of Osmena of the Houses jurisdiction over the case, it was ruled that the Congress has the inherent legislative prerogative of suspension which the Constitution did not impair. Petition was dismissed.

Conflict of Interest Article VI, Section 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors. INTENTION: to reduce and prevent Members from using their official positions for ulterior purposes Full disclosure of their financial and business interests is necessary for Members of Congress They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors

Incompatible and Forbidden Offices Article VI , Section 13. 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 xxx Refers to Incompatible Offices, prohibition from such is not absolute

PURPOSE: prevent from owing loyalty to another branch of the government to the detriment of the independence of the legislature and doctrine of separation of powers Forfeiture of legislators seat or cessation of his tenure shall be automatic upon holding of incompatible office. No forfeiture shall take place if the member of Congress holds the other government office in an ex oficio capacity or is an extension of the legislative position or is in aid of legislative duties (examples: Electoral Tribunal, U.P. Board of Regents, treaty negotiators, etc.)

Section 13. xxx Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected. Refers to Forbidden office, prohibition from such shall last only for the duration of the term for which member of Congress was elected

PURPOSE: to prevent trafficking in public office

CASE ADAZA vs PACANA Adaza, the governor and Pacana, vice-governor both ran for a Senate position. Only Adaza won and took his oath as a senator. Pacana automatically assumed governorship. ISSUE: Whether or not Adaza can serve as a member of the Batasan and as a governor of the province simultaneously. HELD: Adaza automatically forfeited the governorship the moment he took his oath as a member of the Batasang Pambasa Section 10. A member of the National Assembly [now Batasan Pambansa] shall not hold any other office or employment in the government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, during his tenure, except that of prime minister or member of the cabinet . . .

PUYAT vs. DE GUZMAN

A legislator appeared as counsel for one of the parties in dispute before SEC. After prohibition to appear as counsel, legislator purchased shares in the corporation he was to represent. He sought to intervene as a stockholder. ISSUE: Whether or not Fernandez, acting as a stockholder of IPI, can appear and intervene in the SEC case without violating the constitutional provision that an assemblyman must not appear as counsel in such courts or bodies HELD: No, Fernandez cannot appear before the SEC body under the guise that he is not appearing as a counsel. Even though he is a stockholder and that he has a legal interest in the matter in litigation he is still barred from appearing. He bought the stocks before the litigation took place. During the conference he presented himself as counsel but because it is clearly stated that he cannot do so under the constitution he instead presented himself as a party of interest which is clearly a work around and is clearly an act after the fact. A mere work around to get himself involved in the litigation. What could not be done directly could not likewise be done indirectly. ASTORGA vs. VILLEGAS HB No. 9266 was passed. Sen. Tolentino made substantial amendments which were approved by the Senate. The House, without notice of said amendments, thereafter signed its approval until all the presiding officers of both houses certified and attested to the bill. The President also signed it and thereupon became RA 4065. Senator Tolentino made a press statement that the enrolled copy of House Bill No. 9266 was a wrong version of the bill because it did not embody the amendments introduced by him and approved by the Senate. Both the Senate President and the President withdrew their signatures and denounced RA 4065 as invalid. Petitioner argued that the authentication of the presiding officers of the Congress is conclusive proof of a bills due enactment. ISSUE: Whether or not HB No. 9266 is considered enacted and valid HELD: Since both the Senate President and the Chief Executive withdrew their signatures therein, the court declared that the bill was not duly enacted and therefore did not become a law. The Constitution requires that each House shall keep a journal. An importance of having a journal is that in the absence of attestation or evidence of the bills due enactment, the court may resort to the journals of the Congress to verify such. Where the journal discloses that substantial amendment were introduced and approved and were not incorporated in the printed text sent to the President for signature, the court can declare that the bill has not been duly enacted and did not become a law.

Adjournment (5) Neither House during the sessions of the Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting Purpose: Constant need for contact and consultation between the two bodies It is necessary that there be a prior agreement before either of them decides to adjourn for more than 3 days

Place Refers not to the building, but to the political unit where the two Houses may be sitting.

Electoral Tribunals

Sec 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 Electoral Tribunal shall be composed of 9 members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining 6 shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registers under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman Composition: 9 members o 3 Justices of SC (appointed by Chief Justice) o 6 Members of Senate of HR (respectively) o *Senior Justice Chairman

Important Doctrines: The Electoral Tribunal is an independent body (Taada vs. Cuenco) Decisions of Electoral Tribunal are not appealable to the Supreme Court unless if there is grave abuse of discretion (Robles vs. House of Representatives) The Commission on Appointments Sec. 18 There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, 12 senators and 12 members of the house of representatives,

elected by each house on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The Chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointment submitted to it within 30 session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members. Composition: 12 Senators 12 House of Representative Members President of Senate = Chairman

Elected on the basis of proportional representation Chairman shall not vote unless there is a tie Commission shall act on all appointment submitted to it within 30 DAYS from their submission Ruling by majority of its members Can only meet while the congress is in session Ad Interim Appointments o Should be acted upon at the time of the adjournment of the Congress, even if the thirty day period has not yet expired, are deemed by-passed under Article 7 Sec. 16

Organization

Sec 19. The Electoral Tribunals and the Commission on Appointments shall be constituted with 30 days after the Senate and the House of Representatives shall have been organized with the election of the President and the Speaker. The Commission on Appointment shall meet only while the Congress is in session, at the call of its Chairman or a majority of all its Members, to discharge such powers and functions as are herein conferred upon it. Basis: The need to enable to the President to exercise his appointing power with dispatch in coordination with the COA.

Ad Interim Appointments Permitted because COA can only meet while the congress is in session Subject to the confirmation or rejection of COA

When the Congress is in session

President must first clear his nominations with the COA That is why the COA has to be constituted ASAP Unless it is organized, no appointment can be made by the President in the meantime

Electoral Tribunals CASE ROBLES VS. HRET FACTS: Robles and Santos ran against each other as Congressman of Caloocan. However, Santos lost. He then filed an election protest against Robles in the HRET. He asked that the ballots in certain specific precincts be recounted. Soon after, he also filed an urgent motion to recall and disregard the withdrawal of protest. However, the HRET still pursued the recounting of ballots. Thus, Robles files a certiorari and temporary restraining order against the HRET in the Supreme Court. ISSUE: Whether or not the HRET lost its jurisdiction when Santos filed a motion to withdraw protest thus when they ordered the revision of the unrevised protested ballot, they committed grave abuse of discretion. Need to be organized ASAP also Because of the rash of election contests waiting to be filed after or even before the proclamation of winners Can continue functioning even during recess

HELD: No, the mere filing of the motion to withdraw without any action does not divest the HRET of its jurisdiction. Jurisdiction once acquired is not lost upon the instance of the parties but continues until the case is terminated. No grave abuse of discretion by the HRET.

TOLENTINO VS. SECRETARY OF FINANCE FACTS RA 7716, otherwise known as the Expanded Value-Added Tax Law, is an act that seeks to widen the tax base of the existing VAT system and enhance its administration by amending the National Internal Revenue Code. There are various suits questioning and challenging the constitutionality of RA 7716 on various grounds. Tolentino contends that RA 7716 did not originate exclusively from the House of Representatives but is a mere consolidation of HB. No. 11197 and SB. No. 1630 and it did not pass three readings on separate days on the Senate thus violating Article VI, Sections 24 and 26(2) of the Constitution, respectively. Art. VI, Section 24: All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.

Art. VI, Section 26(2): No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal. ISSUE Whether or not RA 7716 violated Art. VI, Section 24 and Art. VI, Section 26(2) of the Constitution. HELD No. The phrase originate exclusively refers to the revenue bill and not to the revenue law. It is sufficient that the House of Representatives initiated the passage of the bill which may undergo extensive changes in the Senate. SB. No. 1630, having been certified as urgent by the President need not meet the requirement not only of printing but also of reading the bill on separate days.