6.
Electoral Tribunals
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. xxx ( art VI)
Section 19. The Electoral Tribunals . shall be constituted
within thirty days after the Senate and the House of
Representatives shall have been organized with the
election of the President and the Speaker.. (Art VI)
In Pangilinan, we ruled that "where the candidate has
already been proclaimed winner in the congressional
elections, the remedy of petitioner is to file an electoral
protest with the Electoral Tribunal of the House of
Representatives." In like manner, where as in the
present case, Barbers assails Biazons proclamation as
the 12th duly elected Senator, Barbers proper recourse
is to file a regular election protest with the SET. (ROBERT
Z. BARBERS vs. COMMISSION ON ELECTIONS)
The use of the word "sole" in Section 17, Article VI of the
Constitution and in Section 250 of the Omnibus Election
Code underscores the exclusivity of the Electoral
Tribunals jurisdiction over election contests relating to
its members.
The Court has invariably held that once a winning
candidate has been proclaimed, taken his oath, and
assumed office as a Member of the House of
Representatives, the COMELECs jurisdiction over
election contests relating to his election, returns, and
qualifications ends, and the HRETs own jurisdiction
begins. (LIWAYWAY VINZONS-CHATO, vs. COMMISSION
ON ELECTIONS and RENATO J. UNICO)
[T]his Court's jurisdiction to review decisions and orders
of electoral tribunals is exercised only upon showing of
grave abuse of discretion committed by the tribunal;
otherwise, the Court shall not interfere with the electoral
tribunals exercise of its discretion or jurisdiction. (HENRY
"JUN" DUEAS, JR., vs. HOUSE OF REPRESENTATIVES
ELECTORAL TRIBUNAL and ANGELITO "JETT" P. REYES)
a. Composition
The Senate and the House of
Representatives shall each have an
Electoral Tribunal. Each shall be composed
of
Nine Members;
- Three of whom shall be Justices of the
Supreme Court to be designated by the
Chief Justice,
-The senior Justice in the Electoral
Tribunal shall be its Chairman
- The remaining six shall be Members
of the Senate or the House of
Representatives, as the case may be,
*Chosen on the basis of proportional representation
from the political parties and the parties or
organizations registered under the party-list system
represented therein.
The Constitution expressly grants to the House of
Representatives the prerogative, within constitutionally
defined limits, to choose from among its district and
party-list representatives those who may occupy the
seats allotted to the House in the HRET and the CA. SC
does not have the power. (SENATOR
AQUILINO Q. PIMENTEL, JR., vs. HOUSE OF
REPRESENTATIVES ELECTORAL TRIBUNAL)
b. Nature of Function
The sole judge of all contests relating to the
election, returns, and qualifications of their
respective Members, and as such;
i. The Electoral Commission is a
Constitutional creation
ii. Functions are mandated by the
Constitution
iii. Separate from and independent of
the legislature
To be able to exercise exclusive
jurisdiction, the House Electoral Tribunal
must be independent. Its jurisdiction to
hear and decide congressional election
contests is not to be shared by it with the
Legislature nor with the Courts. (DR.
EMIGDIO A. BONDOC vs. MARCIANO M.
PINEDA)
d. Powers
-The power of the HRET, as the sole judge of all
contests relating to the election, returns and
qualifications of the Members of the House of
Representatives, to promulgate rules and
regulations relative to matters within its
jurisdiction
-In the absence of any further constitutional
provision relating to the procedure to be followed in
filing protests before the Electoral Commission,
therefore, the incidental power to promulgate
such rules necessary for the proper exercise of its
exclusive power to judge all contests relating to the
election, returns and qualifications of members of
the National Assembly, must be deemed by
necessary implication to have been lodged also
in the Electoral Commission. (CARMELO F.
LAZATIN, vs.THE HOUSE ELECTORAL TRIBUNAL)
e. Judicial Review of decisions of
Electoral Tribunals
In the absence of a showing that the HRET has
committed grave abuse of discretion amounting
to lack of jurisdiction, there is no occasion for the
Court to exercise its corrective power; it will not
decide a matter which by its nature is for the
HRET alone to decide. (Co v. Electoral Tribunal
of the House of Representatives)
-The HRET has jurisdiction over quo warranto
petitions, specifically over cases challenging
ineligibility on the ground of lack of citizenship.
No less than the 1987 Constitution vests the HRET
the authority to be the sole judge of all contests
relating to the election, returns and qualifications of
its Members. This constitutional power is likewise
echoed in the 2004 Rules of the HRET.
-Time and again, this Court has acknowledged
this sole and exclusive jurisdiction of the HRET.
The power granted to HRET by the Constitution is
intended to be as complete and unimpaired as if it
had remained originally in the legislature. Such
power is regarded as full, clear and complete and
excludes the exercise of any authority on the part of
this Court that would in any wise restrict it or curtail
it or even affect the same. (RENALD F. VILANDO vs.
HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL)
7. Commission on Appointments
Composition
President of the Senate, as ex officio
Chairman
Twelve Senators, and Twelve
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.
Functions
The Commission shall confirm or approve
nominations made by the President of
certain public officers named by the
Constitution or by law:
1. Heads of the executive departments
2. Ambassadors, other public ministers, and
consuls
3. Officers of the Armed Forces from the
rank of colonel or naval captain
4. Other officers whose appointments are
vested in him in this Constitution.
Sessions and Procedure
1. The Commission on Appointments shall
meet to discharge its powers and functions
only while the Congress is in session.
2. The meeting may be called by (a) the
Chairman, or (b) a majority of all its
members.
3. The Chairman of the Commission does
not vote, except to break a tie.
4. The Commission shall act on all
appointments submitted to it within 30
session days of the Congress from their
submission.
5. The Commission rules by a majority
vote of all its members.
Types of Appointments
a. Regular appointment - When the
President appoints an officer whose
appointment requires confirmation by
the Commission, while Congress is in
session.
The Commission shall act on the
appointment submitted to it within thirty
session days from their submission. As
the Constitution requires positive action by
the Commission, failure to act within the
30 day period amounts to a disapproval of
the nomination
b. Recess (ad-interim) appointment -
Occurs when Congress is not in session.
The ad-interim appointment made by the
President is complete in itself, and thus
temporarily effective at once, even
without confirmation.
*When Congress convenes, the
Commission would have to act on the
appointment.
8. Powers of Congress
The Legislative Power
Legislative power (or the power to propose, enact,
amend and repeal laws) is vested in Congress which
consists of two chambers, the Senate and the House of
Representatives. A valid exercise of legislative power
requires the act of both chambers. Corrollarily, it can be
exercised neither solely by one of the two chambers nor
by a committee of either or both chambers. (ABAKADA
vs. HON. CESAR V. PURISIMA)
1. General Plenary Powers
Section 1. The legislative power shall be vested in
the Congress of the Philippines which shall consist
of a Senate and a House of Representatives, except
to the extent reserved to the people by the
provision on initiative and referendum. (Art VI)
It is a basic precept that among the implied substantive
limitations on the legislative powers is the prohibition
against the passage of irrepealable laws. As Senior
Associate Justice Reynato S. Puno once observed, "[t]o be
sure, there are no irrepealable laws just as there are no
irrepealable Constitutions. Change is the predicate of
progress and we should not fear change." THE CITY OF
DAVAO, CITY TREASURER AND THE CITY ASSESSOR OF
DAVAO CITY vs. THE REGIONAL TRIAL COURT, BRANCH
XII, DAVAO CITY AND THE GOVERNMENT SERVICE
INSURANCE SYSTEM (GSIS)
The power of the legislature to make laws includes the
power to amend and repeal these laws. Where the
legislature, by its own act, attempts to limit its power to
amend or repeal laws, the Court has the duty to strike
down such act for interfering with the plenary powers of
Congress. DATU MICHAEL ABAS KIDA vs. SENATE OF THE
PHILIPPINES
Limitations on Legislative Power
(1) SUBSTANTIVE LIMITATIONS
a. Express Limitations
1. Art. III. Bill of Rights. "NO LAW SHALL BE
PASSED
- abridging the freedom of speech,
- of expression,
- or of the press,
- or the right of the people peaceably to assemble
and petition the government for redress of
grievances.
2. APPROPRIATION Laws
a. Section 25. (Art VI)
1. The Congress may not increase the appropriations
recommended by the President for the operation of the
Government as specified in the budget.
2. No provision or enactment shall be embraced in the
general appropriations bill unless it relates specifically to
some particular appropriation therein
3. The procedure in approving appropriations for the
Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.
4. A special appropriations bill shall specify the purpose
for which it is intended
5. No law shall be passed authorizing any transfer of
appropriations; however, the President, the President of
the Senate, the Speaker of the House of Representatives,
the Chief Justice of the Supreme Court, and the heads of
Constitutional Commissions may, by law, be authorized
to augment any item in the general appropriations law
for their respective offices from savings in other items
of their respective appropriations.
6. Discretionary funds appropriated for particular
officials shall be disbursed only for public purposes
3. All money collected on any tax levied for a special
purpose shall be treated as a special fund and paid out
for such purpose only. If the purpose for which a special
fund was created has been fulfilled or abandoned, the
balance, if any, shall be transferred to the general funds
of the Government.
General Rule: No money shall be paid out of the
Treasury except in pursuance of an appropriation
made by law.
All appropriation bills, shall originate exclusively in
the House of Representatives88, but the Senate may
propose or concur with amendments.
General Appropriation The President shall submit to
the Congress, within thirty days from the opening of
every regular session as the basis of the general
appropriations bill, a budget of expenditures and
sources of financing, including receipts from existing
and proposed revenue measures.
Special Appropriation - A special appropriations bill
shall specify the purpose for which it is intended
It is the President who proposes the budget but it is
Congress that has the final say on matters of
appropriations MARIA CAROLINA P. ARAULLO vs.
BENIGNO SIMEON C. AQUINO III

7. If, by the end of any fiscal year, the Congress shall have
failed to pass the general appropriations bill for the
ensuing fiscal year, the general appropriations law for 3. TAX laws
the preceding fiscal year shall be deemed re-enacted and
shall remain in force and effect until the general a. Section 28. (Art VI)
appropriations bill is passed by the Congress.
1. The rule of taxation shall be uniform and
b. Section 29. (Art VI) equitable. The Congress shall evolve a
progressive system of taxation.
1. No money shall be paid out of the Treasury except in
Uniformity in taxation says Black on Constitutional
pursuance of an appropriation made by law.
Law (page 292) means that all taxable articles or kinds
of property, of the same class, shall be taxed at the
2. No public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly, for the
same rate.
use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of religion,
or of any priest, preacher, minister, other religious
teacher, or dignitary as such, except when such priest,
preacher, minister, or dignitary is assigned to the armed
forces, or to any penal institution, or government
orphanage or leprosarium.
Uniformity does not forfend classification as
long as:
(1) the standards that are used therefor are
substantial and not arbitrary,
(2) the categorization is germane to achieve
the legislative purpose,
(3) the law applies, all things being equal,
to both present and future conditions, and
(4) the classification applies equally well to
all those belonging to the same class .
(Bernas)
Taxation is said to be equitable when its
burden falls on those better able to pay.
Taxation is progressive when its rate goes
up depending on the resources of the
person affected Fernando
Regressivity is not a negative standard for courts to
enforce. What Congress is required by the Constitution to
do is to "evolve a progressive system of taxation." This
is a directive to Congress, just like the directive to it to
give priority to the enactment of laws for the
enhancement of human dignity and the reduction of
social, economic and political inequalities [Art. XIII,
Section 1] or for the promotion of the right to "quality
education" [Art. XIV, Section 1]. These provisions are put
in the Constitution as moral incentives to legislation, not
as judicially enforceable rights G.R. No. 163583 April 15,
2009 BRITISH AMERICAN TOBACCO vs. JOSE ISIDRO N.
CAMACHO
2. The Congress may, by law, authorize the
President to fix within specified limits, and subject
to such limitations and restrictions as it may impose,
tariff rates, import and export quotas, tonnage
and wharfage dues, and other duties or imposts
within the framework of the national development
program of the Government.
3. Charitable institutions, churches and personages
or convents appurtenant thereto, mosques, non-
profit cemeteries, and all lands, buildings, and
improvements, actually, directly, and exclusively
used for religious, charitable, or educational
purposes shall be exempt from taxation.
4. No law granting any tax exemption shall be
passed without the concurrence of a majority of all
the Members of the Congress.
b. Section 4. (Art XIV)
All revenues and assets of non-stock, non-profit
educational institutions used actually, directly,
and exclusively for educational purposes shall be
exempt from taxes and duties.
4. JURISDICTION of the Supreme Court
Section 30. No law shall be passed increasing the
appellate jurisdiction of the Supreme Court as
provided in this Constitution without its advice and
concurrence. (Art VI)
5. Title of ROYALTY
Section 31. No law granting a title of royalty or
nobility shall be enacted. (Art VI)
A republic is one which has no monarch, royalty or
nobility, ruled by a representative government elected by
the majority of the people under the principle of "one
person, one vote," where all citizens are equally subject
to the laws. SENATOR BENIGNO SIMEON C. AQUINO III
and MAYOR JESSE ROBREDO vs. COMMISSION ON
ELECTIONS Opinion of CARPIO,
No legal rights or privileges are contingent upon grant or
possession of a title of nobility or royalty and the
Constitution expressly forbids the enactment of any law
conferring such a title. G.R. No. 76565 November 9, 1988
BULLETIN PUBLISHING CORPORATION vs. HON. JUDGE
EDILBERTO NOEL
b. Implied Limitations
1. PROHIBITION AGAINST DELEGATION OF
LEGISLATIVE POWERS
Principle: NON-DELEGATION OF POWERS (For all
Branches of Government)
As a general rule, legislative powers cannot be
delegated
The rule is that what has been delegated
cannot be delegated, or as expressed in the
Latin maxim: potestas delegate non
delegare potest. This rule is based upon
the ethical principle that such delegated
power constitutes not only a right but a duty
to be performed by the delegate by the
instrumentality of his own judgment acting
immediately upon the matter of legislation
and not through the intervening mind of
another.125
This rule however admits of recognized
exceptions such as the grant of rule-making
power to administrative agencies. They
have been granted by Congress with the
authority to rules to regulate the
implementation of a law entrusted to them.
Delegated rule-making has become a
practical necessity in modern governance
due to the increasing complexity and
variety of public functions.
However, in every case of permissible
delegation, there must be a showing that
the delegation itself is valid. It is valid only
if the law;
(a) is complete in itself, setting forth therein
the policy to be executed, carried out, or
implemented by the delegate; and
b) fixes a standardthe limits of which are
sufficiently determinate and determinable
to which the delegate must conform in the
performance of his functions. A sufficient
standard is one which defines legislative
policy, marks its limits, maps out its
boundaries and specifies the public agency
to apply it. It indicates the circumstances
under which the legislative command is to
be effected.
Two tests determine the validity of delegation of
legislative power:
(1) the completeness test - A law is complete when
it sets forth therein the policy to be executed,
carried out or implemented by the delegate.
(2) the sufficient standard test. - It lays down a
sufficient standard when it provides adequate
guidelines or limitations in the law to map out the
boundaries of the delegates authority and prevent
the delegation from running riot. To be sufficient,
the standard must specify the limits of the
delegates authority, announce the legislative
policy and identify the conditions under which it
is to be implemented.
EXCEPTIONS TO THE PROHIBITION ON THE
DELEGATION OF LEGISLATIVE POWERS
A. Delegation to the PRESIDENT
Emergency Powers
Section 23.
1. xxx
2. 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.
Unless sooner withdrawn by resolution of the
Congress, such powers shall cease upon the next
adjournment thereof. (Art VI)
Taxing Powers
Section 28. 2. The Congress may, by law, authorize
the President to fix within specified limits, and
subject to such limitations and restrictions as it may
impose, tariff rates, import and export quotas,
tonnage and wharfage dues, and other duties or
imposts within the framework of the national
development program of the Government. (Art VI)
B. Delegation to the PEOPLE

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 therefor
signed by at least ten per centum of the total
number of registered voters, of which every
legislative district must be represented by at least
three per centum of the registered voters thereof.
(Art VII)

C. Delegation to LOCAL GOVERNMENTS

Section 5. Each local government unit shall have the

power to create its own sources of revenues and
to levy taxes, fees and charges subject to such
guidelines and limitations as the Congress may
provide, consistent with the basic policy of local
autonomy. Such taxes, fees, and charges shall
accrue exclusively to the local governments. (Art X)

D. Quasi-Legislative Bodies

Quasi-Legislative power is the authority

delegated by Congress to the
administrative bodies to adopt rules and
regulations made to implement existing
laws and implement legislative policies2.

PROHIBITION AGAINST THE PASSAGE

OF IRREPEALABLE LAWS

It is axiomatic that all laws, even the Constitution

itself, may be repealed or amended. No one can bind
future generations to a law.