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Article VI
ARTICLE VI – THE LEGISLATIVE DEPARTMENT
Sec. 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.
Definition of Legislative Power:
The authority to make laws and to alter or repeal them.
Classification of legislative power: (O De CO)
Original – Possessed by the people in their sovereign capacity
Delegated – Possessed by Congress and other legislative bodies by virtue of the
Constitution
Constituent – The power to amend or revise the Constitution
Ordinary – The power to pass ordinary laws
Note:
The original legislative power of the people is exercised via initiative and
referendum. In this manner, people can directly propose and enact laws, or approve
or reject any act or law passed by Congress or a local government unit.
Limits on the legislative power of Congress:
Substantive – limitations on the content of laws. E.g. no law shall be passed
establishing a state religion.
Procedural – limitations on the manner of passing laws. E.g. generally a bill must go
through three readings on three separate days.
Note:
Provided that these two limitations are not exceeded, Congress’ legislative power is
plenary.
Composition
24 senators who shall be elected at large by the qualified voters of the Philippines, as
may be provided by law.
Qualifications
Natural-born citizen;
At least 35 years old on the day of election;
Able to read and write;
A registered voter; and
Philippine resident for at least 2 years immediately preceding the day of the election.
Note: The qualifications of both Senators and Members of the House are limited to
those provided by the Constitution. Congress cannot, by law, add or subtract from
these qualifications.
Term of Office:
Composition:
1. Senator/Member of the House cannot hold During his term. If he does so, he forfeits his
any other office or employment in seat.
the Government or any subdivision,
agency or Instrumentality thereof, including
GOCCS or their subsidiaries.
2. Legislators cannot be appointed to any IF the office was created or the emoluments
office. thereof increased during the term for which
he was elected.
5. Legislators cannot intervene in any When it is for his pecuniary benefit or where
matter before any office of the government. he may be called upon to act on account of
his office.
To OVERRIDE the veto, at least 2/3 of ALL the members of each House must agree
to pass the bill. In such case, the veto is overriden and becomes a law without need
of presidential approval.
Item veto
The President may veto particular items in an appropriation, revenue or tariff bill.
This veto will not affect items to which he does not object.
Definition of item
TYPE OF BILL ITEM
1. Revenue/tax bill Subject of the tax and the tax rate imposed thereon
2. Appropriations bill Indivisible sum dedicated to a stated purpose
Veto of RIDER
A rider is a provision which does not relate to a particular appropriation stated in the
bill.
Since it is an invalid provision under Section 25(2), the President may veto it as an
item.
Specific limitations on legislation
No law shall be enacted increasing the Supreme Court’s appellate jurisdiction without
the SC’s advice and concurrence.
No law shall be enacted granting titles of royalty or nobility.
Section 28. POWER TO TAX
Limitations:
1) The rule of taxation should be UNIFORM
2) It should be EQUITABLE
3) Congress should evolve a PROGRESSIVE system of taxation.
4) The power to tax must be exercised for a public purpose because the power
exists for the general welfare
5) The due process and equal protection clauses of the Constitution should be
observed.
Delegation of power to fix rates
1) Congress may, BY LAW, authorize the President to fix the following:
a) Tariff rates
b) Import and Export Quotas
c) Tonnage and wharfage dues
d) Other duties and imposts
Within the framework of the national development program of the Government
2) The exercise of such power by the President shall be within the specified limits
fixed by Congress and subject to such limitations and restrictions as it may impose.
Constitutional tax exemptions:
1) The following properties are exempt from REAL PROPERTY taxes
(CODE: Cha Chu M- CA)
a) Charitable institutions
b) Churches, and parsonages or convents appurtenant thereto
c) Mosques
d) Non-profit cemeteries; and
e) All lands, buildings and improvements actually, directly and exclusively used
for religious, charitable, or educational purposes.
2) All revenues and assets of NON-STOCK NON-PROFIT EDUCATIONAL
institutions are exempt from taxes and duties PROVIDED that such revenues and
assets are actually, directly and exclusively used for educational purposes. (Art. XIV
Sec 4 (3))
3) Grants, endowments, donations or contributions used actually, directly and
exclusively for educational purposes shall be exempt from tax. This is subject to
conditions prescribed by law. (Art. XIV. Sec 4 (4))
Section 29. Power of the Purse
1) No money shall be paid out of the National Treasury EXCEPT in pursuance of
an appropriation made by law.
a) This places the control of public funds in the hands of Congress.
b) BUT: This rule does not prohibit continuing appropriations. e.g. for debt
servicing. This is because the rule does not require yearly, or annual appropriation.
2) Limitations.
a) Appropriations must be for a PUBLIC PURPOSE
b) Cannot appropriate public funds or property, directly or indirectly, in favor of
(i) Any sect, church, denomination, or sectarian institution or system of
religion or
(ii) Any priest, preacher, minister, or other religious teacher or dignitary as
such.
EXCEPT if the priest, etc is assigned to:
– the Armed Forces; or
– any penal institution; or
– government orphanage; or
– leprosarium
c) BUT the government is not prohibited from appropriating money for a valid
secular purpose, even if it incidentally benefits a religion, e.g. appropriations for a
national police force is valid even if the police also protects the safety of clergymen.
d) ALSO, the temporary use of public property for religious purposes is valid, as
long as the property is available for all religions
3) Special Funds
a) Money collected on a tax levied for a special purpose shall be treated as a
special fund and paid out for such purpose only.
b) Once the special purpose is fulfilled or abandoned, any balance shall be
transferred to the general funds of the Government
Section 32. INITIATIVE AND REFERENDUM
1) Through the system of initiative and referendum, 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.
2) Required Petition
a) Should be signed by at least 10% of the total number of registered voters
b) Every legislative district should be represented by at least 3% of the registered
voters
c) Petition should be registered