Constitutional Law I1

VII. LEGISLATIVE DEPARTMENT Legislative Power power of lawmaking, the framing and enactment of laws which is effected through the adoption of a bill or a proposed or projected law, which, once approved, becomes a statute. It includes specific powers of appropriation, taxation and expropriation.

Grant of legislative power to congress is plenary. Congress may legislate on any subject matter provided that the limitations are observed.

Non-legislative power include the power to canvass the presidential elections, to declare the existence of a state of war, to give concurrence to treaties and amnesties, to propose constitutional amendments, and to impeach.

Statute is a written will of the legislature, solemnly expressed according to the forms necessary to constitute it the law of the state.

Proposition measure proposed by votersPlebiscite is the electoral process by which an initiative on the Constitution is approved or rejected by the people

Initiative, Referendum and Recall (Republic Act 6735 Act providing for a System of Initiative and Referendum) Defensor-Santiago v. Comelec, GR 127325, March 19, 1997

a. Initiative power of the people to propose amendments to the constitution r to propose or enact legislations through an election called for purpose. (Sec. 3(a) R.A. 6735)

Systems of Initiative

Initiative on Constitution a petition proposing amendments to the constitution. Initiative on Statutes a petition proposing to enact a national legislation. Initiative on Local Legislation a petition proposing to enact a regional, provincial, city, municipal or barangay law, resolution or ordinance.

Indirect Initiative exercise of nitiative by the people through a proposition that sent to the congress or the local legislative body for action. (SBMA v. Comelec, Sept. 26, 1996) Any duly accredited people's organization, as defined by law, may file a petition for indirect initiative with the House of Representatives, and other legislative bodies. The petition shall contain a summary of the chief purposes and contents of the bill that the organization proposes to be enacted into law by the legislature. The procedure to be followed on the initiative bill shall be the same as the enactment of any legislative measure before the House of Representatives except that the said initiative bill shall have precedence over the pending legislative measures on the committee.

b. Referendum power of the electorate to approve of reject legislation through an election called for the purpose.

Two Classes of Referendum

Referendum on Statutes a petition to approve or reject a law, or part thereof, passed by the congress. Referendum on Local Law a petition to approve or reject a law, resolution, or ordinance enacted by regular assemblies and local legislative bodies.

To exercise the power of initiative or referendum:i. At least 10% of total registered voters, of which every legislative district is represented by at least 3% of the registered voters thereof, shall sign a petition for the purpose and register the same with COMELEC. ii. Within a period of 30 days from the receipt of the petition, the commission, upon determining the sufficiency of the petition, shall publish the same in Filipino and English at least twice in newspapers of general and local circulation.iii. After which, the commission must set a date for the initiative or referendum that should not be earlier than 45 days and not later than 90 days upon determination.

c. Recall mode of removal of a public officer by the people before the end of his term of office. Garcia v. Comelec, Oct. 5, 1993 ISSUES:1) Whether or not the people have the sole and exclusive right to initiate recall proceedings.2) Whether or not the procedure for recall violated the right of elected local public officials belonging to the political minority to equal protection of the law.

RULING:1) No. There is nothing in the Constitution that will remotely suggest that the people have the "sole and exclusive right to decide on whether to initiate a recall proceeding." The Constitution did not provide for any mode, let alone a single mode, of initiating recall elections.The mandate given by section 3 of Article X of the Constitution is for Congress to "enact a local government code which shall provide for a more responsive and accountable local government structure through a system of decentralization witheffective mechanismsof recall, initiative, and referendum . . ." By this constitutional mandate, Congress was clearly given the power to choose the effective mechanisms of recall as its discernment dictates.What the Constitution simply required is that the mechanisms of recall, whether one or many, to be chosen by Congress should beeffective.Using its constitutionally granted discretion, Congress deemed it wise to enact an alternative mode of initiating recall elections to supplement the former mode of initiation by direct action of the people. The legislative records reveal there were two (2) principal reasons why this alternative mode of initiating the recall process thru an assembly was adopted, viz: (a) to diminish the difficulty of initiating recall thru the direct action of the people; and (b) to cut down on its expenses.

2) No. Under the Sec. 70 of the LGC, all mayors, vice-mayors and sangguniang members of the municipalities and component cities are made members of the preparatory recall assembly at the provincial level. Its membership is not apportioned to political parties. No significance is given to the political affiliation of its members. Secondly, the preparatory recall assembly, at the provincial level includes all the elected officials in the province concerned. Considering their number, the greater probability is that no one political party can control its majority. Thirdly, sec. 69 of the Code provides that the only ground to recall a locally elected public official is loss of confidence of the people. The members of the PRAC are in the PRAC not in representation of their political parties but as representatives of the people. By necessary implication, loss of confidence cannot be premised on mere differences in political party affiliation. Indeed, our Constitution encourages multi-party system for the existence of opposition parties is indispensable to the growth and nurture of democratic system. Clearly then, the law as crafted cannot be faulted for discriminating against local officials belonging to the minority.Moreover, the law instituted safeguards to assure that the initiation of the recall process by a preparatory recall assembly will not be corrupted by extraneous influences. We held that notice to all the members of the recall assembly is a condition sine qua non to the validity of its proceedings. The law also requires a qualified majority of all the preparatory recall assembly members to convene in session and in a public place. Needless to state, compliance with these requirements is necessary, otherwise, there will be no valid resolution of recall which can be given due course by the COMELEC.

Loss of confidence is the formal withdrawal by an electorate of their trust in a persons ability to discharge his office previously bestowed on him by the same electorate. Evardone v. Comelec, 204 SCRA 464, 472 Whether or not the electorate of the Municipality of Sulat has lost confidence in the incumbent mayor is a political question. It belongs to the realm of politics where only the people are the judge.

Bicameralism vs. UnicameralismBicameralism (Two chambers of congress [e.g. US, Phils])Unicameralism (One chamber [e.g. Denmark, Sweden]) Senate (Composition; Qualifications; Term of office)

Composition 24 senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.

Qualifications1. Natural Born Citizen (Art. 4 Sec. 2 1987 Constitution) are those who are citizens of the Philippines from the birth without having to perform any act to acquire or perfect their Philippine citizenship.2. At least 35 years old possessed on the day of election That is when polls open, and votes are cast3. Literate (can read and write)4. Registered voter5. Resident of the Philippines of not les than 2 years immediately preceding the day of elections. Residence is defined as the place where one habitually resides and to which, when he is absent, he has the intention of returning. Domicile fixed permanent residence to which whenever absent for business, pleasure or some other reasons, one intends to return. It is a question of intention and circumstances. Three rules of Circumstances:1. That a man must have a domicile somewhere2. When once established, it remains until a new one is acquired3. A man can have but one domicile at a time. If one wishes to effect a change of domicile, he must demonstrate an actual removal or an actual change in domicile, a bona fide intention of abandoning the former place of residence and establishing a new one, and definite acts which correspond with the purpose.

Term Article VI and XVII of the 1987 Constitution Six years and shall commence at noon on the 30th day of June next election. Of the senators elected in the election of 1992, first 12 obtaining the highest number of votes shall serve for six years and the remaining 12 for three years. It is for the reason that the senate has been described as a continuing institution as it is not dissolved as an entity with each national election or change in the composition of its members. Neri v. Senate Committee on Accountability and Public Officers and Invesitgation Under the 1987 constitution, it is no longer a continuing body with respect to the passage of bills because Senate of each congress acts separately and independently of the senate before it. Because the 1987 constitution requires majority of senators to constitute a quorum to do business The continuity of the life of Senate is intended to encourage the maintenance of senate policies as well as guarantee that there will be experienced members who can help train newcomers in the discharge of their duties. No senator shall serve for more than two 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.

House of Representatives Composition (District Representatives; Party-list Representatives)

District Representatives elected directly and personally from the territorial unit he is seeking to represent.

Apportionment of Legislative Districts Only congress can create a province Two hundred members were originally provided for in the HOR to be directly elected from various legislative districts created by Ordinance Appended to the 1987 Constitution. Territory was divided into 13 regions, comprising 200 districts apportioned among the provinces, cities and Metropolitan Manila in accordance with the number of their respective inhabitants and on the basis of a uniform progressive ratio. This apportionment shall be subject to adjustment by congress within three years after the return of every enumeration to make the representation equitable. When making such reapportionment, each city with a population of at least 250,000, AND every province, shall have at least ONE representative. 250,000 minimum population only applies to cities and not to provinces, although the Local Government Code provides fro a minimum population of 250,000 as an alternative requirement for the establishment of a province. Mariano v. Comelec, 242 SCRA 211 It is not necessary for either a city or a province to have an additional population of 250,000 to establish additional legislative district any province that may hereafter be created, or any city whose population may hereafter increase to more than 250,000 shall be entitled in the immediately following election to at least one member or such number of members as it may be entitled on the basis of the number of its inhabitants and according to the standards seth forth in par. 3 sec. 5 of the Art. VI of the constitution.

The basis for districting is the number of inhabitants and not the registered voters. (Herrera v. Comelec)

Baker v. Carr, 369 US 186 Montejo v. Comelec, GR 118702, Mar. 19, 1995 Bagabuyo vs. Comelec December 8, 2008 Whether or not R.A. No. 9371 merely provide for the legislative reapportionment of Cagayan de Oro City, or does it involve the division and conversion of a local government unit. Whether or not it violates the equality of representation doctrine. Before, Cagayan de Oro had only one congressman and 12 city council members citywide for its population of approximately 500,000. By having two legislative districts, each of them with one congressman, Cagayan de Oro now effectively has two congressmen, each one representing 250,000 of the citys population. This easily means better access to their congressman since each one now services only 250,000 constituents as against the 500,000. Bagabuyo further contends that RA 9371 violates the equality in representation doctrine as it appears that one district has a higher number of voters as compared to the other and that one is urbanized the other is rural. This is the clarification;the law clearly provides that the basis for districting shall be thenumber of the inhabitantsof a city or a province,not the number of registered voterstherein

Gerrymandering arrangement of districts in such a way as to favor the election of preferred candidates (usually re-electionists) through the inclusion therein only of those areas where they expect to win, regardless of the resultant shape of such districts. It is an apportionment of representative districts so contrived as to give unfair advantage to the party in power. Doctrine of Equal Representation - the law clearly provides that the basis for districting shall be thenumber of the inhabitantsof a city or a province,not the number of registered voterstherein.

Party-list Representatives is chosen indirectly through the party he represents, which one voted for by the electorate. Party-list representatives shall consist of 20% of the total membership of the house. Sec. 2 of R.A. No. 7941 provides, among others, for the promotion of proportional representation in the election of representatives to the HOR through a party-list system registered national, regional and sectoral parties or organizations or coalitions thereof, which will enable Filipino citizens belonging to marginalized and unrepresented sectors[footnoteRef:1], organizations and parties, and who lack well-defined political constituencies[footnoteRef:2] but who could contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole, to become members of the HOR. [1: Labor, peasant, fisher folk, urban poor, indigenous cultura communities, handicapped, veterans and overseas workers.] [2: Professionals, elderly, women and the youth. ]

Atong Paglaum, Inc. vs. COMELEC Party-list system provides for three different groups: National parties or organizations Regional parties or organizations Sectoral parties or organizations Political parties can participate as long as they register as a party-list and do not field candidates in legislative district elections. Majority of members of sectoral parties or organizations that represent the marginalized and underrepresented must belong to the marginalized and underrepresent sector they represent. According to this case, the nominees of the sectoral parties or organizations that represent the marginalized an underrepresented, or that represent those who lack well defined political constituencies, either must belong to the respective sectors, or must have a track record of advocacy for their respective sectors. Nominees must be bonafide members of such prties or organization party-list system is intended to democratize political power by giving political parties that cannot win in legislative district elections a chance to win seats in the HOR. Not later than 90 days before the election day, any political party, organization or coalition may file a verified petition through its president or secretary for its participation, attaching a copy of its constitution, by laws, platform, and list of officers, and other relevant information as required by COMELEC. Petition shall be published in at least 2 newspapers of general circulation. Among those disqualified: Religious sects Those who advocate violence or unlawful means to seek their goal Foreign parties Parties which are backed by foreign parties or government Parties which violate or failed to comply with the law Those which declare untruthful statements in their petition Those who cased to exist for one (1) year Those who failed to participate in the last two preceding elections. The other ground specified in Section 6: Banat vs. Comelec April 21, 2009 Failure to obtain at least 2% of the votes cast under the party-list system in the 2 preceding elections for the constituency in which it has registered has been declared unconstitutional by the Supreme Court. 20% of party-list seats, as stated in the constitution, must be filled to comply with the constitutionality of the system.

Every voter shall be entitled to two votes: one legislative district representative and one for the party-list he/she wishes to be represented. 2% of the total votes = 1 seat Banat v. COMELEC for every four legislative district reps = 1 partylist rep. In case there would be an additional 4 legislative districts, theres no need to enact a law that creates additional partylist seat because the constitution automatically does so. Filling up of all the available party-list is not mandatory.

Veterans Federation Party v. Comelec, G.R. No. 136781, October 6, 2000 20% party-list seats is just a ceiling, and need not to be filled entirely. Ang Bagong Bayani-OFW Labor Party v. Comelec, G.R. No. 147589, June 26, 2001 BARA vs. Comelec May 4, 2007Qualifications Natural Born Citizen (Art. 4 Sec. 2 1987 Constitution) are those who are citizens of the Philippines from the birth without having to perform any act to acquire or perfect their Philippine citizenship. At least 25 years old possessed on the day of election That is when polls open, and votes are cast Party-list rep must be a bona fide member at least 90 days before the Election Day. Bona fide one must either belong to the sector represented, or have a track record of advocacy for such sector Literate (can read and write) Registered voter of the district he seeks to represent Resident of the district he/she aims to represent of not less than 1 year immediately preceding the day of elections. Residence is defined as the place where one habitually resides and to which, when he is absent, he has the intention of returning. Domicile fixed permanent residence to which whenever absent for business, pleasure or some other reasons, one intends to return.

- Marcos v. Comelec, 248 SCRA 300 - Aquino v. Comelec, Sept. 18, 1995Theory of legal impossibility - impossibility arising due to the fact that what the defendant intended to do is not illegal.

Natural-born members of the HOR must be natural-born citizens not only at the time of their election but during their entire tenure. - Bengson v. HRET, G.R. No. 142840, May 7, 2001

Term of office three years, maximum of three terms Privileges

Parliamentary Immunity - Eastland v. US Servicemen's Fund, 421 US 491 - Hutchinson v. Proxmire, 443 US 111 - Jimenez v. Cabangbang, 17 SCRA 714

Freedom from Arrest Senator or a member of HOR, in all offenses punishable by not more than 6 years imprisonment, be privileged from arrest whole the congress is in session. (period from initial convening until its final adjournment) Privilege of Speech and Debate 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. The remarks must be made while the legislature or the legislative committee is functioning They must be made in connection with the discharge of official duties. Disqualifications and Inhibitions Appearance of the legislator is barred before all courts of justice. Legislators are also prohibited from being financially interested in any contract with the government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, or in any franchise or special privilege granted by any of these during their term of office because of the influence they can easily exercise in obtaining these concessions. Effect of Imprisonment (i) Protection is only against forum other than Congress itself. Thus for inflammatory remarks which are otherwise privileged, a member may be sanctioned by either the Senate or the House as the case may be. (ii) The speech or debate must be made in performance of their duties as members of Congress. This includes speeches delivered, statements made, votes cast, as well as bills introduced, and other activities done in performance of their official duties. (iii) Congress need NOT be in session when the utterance is made, as long as it forms part of legislative action, i.e. part of the deliberative and communicative process used to participate in legislative proceedings in consideration of proposed legislation or with respect to other matters with Congress jurisdiction.

People v. Jalosjos, G.R. Nos. 132875-76, February 3, 2000 The immunity from arrest or detention of Senators and members of the House of Representatives, the latter customarily addressed as Congressmen, arises from a provision of the Constitution. The history of the provision shows that privilege has always been granted in a restrictive sense. The 1935 Constitution provided in its Article VI on the Legislative Department.Sec. 15 The Senators and Members of the House of Representatives shall in all cases except treason, felony, and breach of the peace be privileged from arrest during their attendance at the sessions of Congress, and in going to and returning from the same The 1973 Constitution broadened the privilege of immunity as follows:Art. VIII, Sec. 9 A Member of the Batasang Pambansa shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest during his attendance at its sessions and in going to and returning from the same. Allowing accused-appellant to attend congressional sessions and committee meeting for five days or more in a week will virtually make him free man with all the privilege appurtenant to his position. Such an aberrant situation not only elevates accused-appellant's status to that of a special class, it also would be a mockery of the purposes of the correction system. When the voters of his district elected the accused-appellant to Congress, they did so with full awareness of the limitations on his freedom of action. They did so with the knowledge that he could achieve only such legislative results which he could accomplish within the confines of prison. The Constitution guarantees: ". . . nor shall any person be denied the equal protection of laws."This simply means that all persons similarly situated shall be treated alike both in rights enjoyed and responsibilities imposed. The organs of government may not show any undue favoritism or hostility to any person. Neither partiality not prejudice shall be displayed. Sessions; Adjournment; Officers Santiago v. Guingona, G.R. No. 147589, June 26, 2001

Regular Sessions congress shall convene once every year on the 4th Monday of July for its regular session, and shall continue to be in session for such number of days as it may determine untol 30 days before the opening of its next regular session, exclusive of Saturdays, Sundays and legal holidays. (Sec. 15)

Special Sessions called by the president at any time when congress is not in session

Adjournment Neither house during the sessions of the congress shall, without the consent of the other, adjourn for more than 3 days, nor to any other place than in which the houses shall be sitting.

Officers senate shall elect its president and the HOR its speaker of the house, by a majority vote of all its members. Take note, that these positions are not fixed and can be replaced any time at the pleasure of the majority of their respective chambers. Other officers chosen are Senate president and speaker pro tempore, majority and minority floor leaders, chairman of various standing and special committees, secretary and sergeant at arms.

Quorum any number sufficient to transact business, which may be less than the majority of the membership. Avelino v. Cuenco, 83 Phil. 17 Avelino who was then Senate president, motu proprio adjourned a session of the senate and walked out with his followers, leaving 12 other members who continued with the meeting replacing him with responded Cuenco as Acting president. Avelino filed a quo warranto againt Cuenco stating that the latter had not been validly elected because 12 did not constitute the majority. The petition was dismissed on the ground that it involved a political question. On motion for reconsideration, it assumed jurisdiction and ruled inter alia that the 12 members were sufficient to constitute a quorum, being a majority of 23, one senator being in the US.

Rules of Proceedings are needed for the orderly conduct of the sessions of the congress. Unless such rules violate fundamental or individual rights, they are within the exclusive discretion of each house to formulate and interpret and may not be judicially reversed. - Arroyo v. De Venecia (Sin-taxes case), GR 127255, Aug. 14, 1997 Discipline of members each house may punish its members for disorderly behavior, and with concurrence of 2/3 of all its members: Suspension shall not exceed 60 days Expulsion Other disciplinary measures: Deletion of unparliamentary remarks from the record Fine Imprisonment Censure Suspension vs. Preventive Suspension - Santiago v. Sandiganbayan, G.R. No. 128055. April 18, 2001 Enrolled Bill Theory An enrolled Act in the custody of the Secretary of State, and having the official attestations of the Speaker of the House of Representatives, of the President of the Senate, and of the President of the United States, carries, on its face, a solemn assurance by the legislative and executive departments of the government, charged, respectively, with the duty of enacting and executing the laws, that it was passed by Congress.

Where the certifications are valid and are not withdrawn, the contents of the enrolled bill are conclusive upon the courts.

Mabanag v. Lopez Vito, 78 Phil. 1 A duly authenticated bill or resolution imports absolute verity and is binding on the courts. Casco Chemical v. Gimenez, 7 SCRA 347 Respect due to a co-equal department requires the courts to accept the certification of the presiding officer of the legislative body.

Legislative Journal vs. Enrolled Bill

Enrolled bill - is the official copy of approved legislation and bears the certification of the presiding officers of each House.

Legislative Journals are a record of what is done and past in the legislative assembly.

It may be noted that the enrolled bill theory is based mainly on "the respect due to coequal and independent departments," which requires the judicial department "to accept, as having passed Congress, all bills authenticated in the manner stated." Thus it has also been stated in other cases that if the attestation is absent and the same is not required for the validity of a statute, the courts may resort to the journals and other records of Congress for proof of its due enactment. [Astorga v. Villegas, (1974)]

Electoral TribunalsComposition - 3 Supreme Court Justices to be designated by the Chief Justice (The senior Justice in the Electoral Tribunal shall be its Chairman). 6 Members of the Senate or House, as the case may be, chosen on the basis of proportional representation from the political parties and party-list organizations.

- Bondoc v. Pineda, 201 SCRA 792 - Abbas v. Senate Electoral Tribunal, 166 SCRA 651

Powers - the Electoral Tribunals are, in the exercise of their functions independent organs independent of Congress and the Supreme Court. 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.

- Aquino v. Comelec, Sept. 18, 1995 - Sampayan v. Daza, 213 SCRA 807

Jurisdiction over Proclamation Controversy - be the sole judge of all CONTESTS relating to the election, returns, and qualifications of their respective members. ET has jurisdiction only when there is an election contest.

Election Contest - one where a defeated candidate challenges the qualification and claims for himself the seat of a proclaimed winner.

- Caruncho v. Comelec, G.R. No. 135996, September 30, 1999

Commission on Appointments Composition1. Senate President as ex-officio chairman (shall not vote except in case of a tie.)2. 12 Senators3. 12 Members of the House

Elected on a basis of proportional representation from the political parties and party-list organizations.

- Guingona v. Gonzales, 214 SCRA 789 Powers Commission on Appointments shall confirm the appointments by the President with respect to the following positions:

Heads of the Executive Departments (except if it is the Vice-President who is appointed to the post); Ambassadors, other public ministers or consul Officers of the AFP from the rank of Colonel or Naval Captain; Other officers whose appointments are vested in him by the Constitution (e.g. COMELEC members);

Congress cannot by law require that the appointment of a person to an office created by such law shall be subject to confirmation by the Commission on Appointments.

Appointments extended by the President to the above-mentioned positions while Congress is not in session shall only be effective until disapproval by the Commission on Appointments or until the next adjournment of Congress.

- Sarmiento v. Mison, 156 SCRA 549

Powers of CongressGeneral Legislative Power Legislative Powers: (Scope: vested in Congress by the Constitution except to the extent reserved to the people by the provision on initiative and referendum) Powers of appropriation Taxation Expropriation Authority to make, frame and enact laws Non-legislative powers Power to canvass the presidential elections Declare existence of war Give concurrence to treaties and amnesties Propose constitutional amendments Impeach Derivative and delegated power Implied powers such as the power to punish contempt in legislative investigations

LimitationsSubstantive Limitations Circumscribe both the exercise of the power itself and the allowable subject of legislation Express limitations: Sec 24-26, 28-30, Art VI Express limitations on general powers Bill of rights Implied Limitations No power to pass irrepealable lawo Non-encroachment on powers of other departments Non-delegability of powersProcedural Limitations Prescribes the manner of passing bills in the form they should take Limitation provided by Sec. 26, Article VI Every bill of the congress shall embrace one subject which shall be expressed in its title No bill passed by either house shall become law unless it has passed 3 readings on separate days Bicameral Conference Committee Printed copies in its final form have been distributed to its members 3 days before the passage of the bill Exception: president certifies to the necessity of its immediate enactment to meet a public calamity or emergency Bills that must originate exclusively from the House Guzman v. Comelec, G.R. No. 129118, July 19, 2000 Phil. Judges Association v. Prado, GR 105371, Nov. 11, 1993 Chongbian v. Orbos, 245 SCRA 253 Tolentino v. Secretary of Finance, GR 115455, Aug. 25, 1994 Decision on Motion for Reconsideration, Oct. 30, 1995 Legislative ProcessProcedure for Enactment: Introduction: must be by any member of the House of Representatives or Senate except for some measures that must originate only from the former chamber First reading: The reading of the title and the number; the bill is passed by the Senate President or Speaker to the proper committee Second reading: Entire text is read and debates are held, and amendments introduced. The bill as approved in the second reading is printed in its final form and copies are distributed three days before the third reading Third reading: Only the title is read, no amendments are allowed. Vote shall be taken immediately thereafter and the yeas and nays entered in the journal. Sent to the other chamber: once the bill passes the third reading, it is sent to the other chamber where it will also go under three readings Enrolled Bill: The bill is printed as finally approved by the Congress, authenticated with the signatures of the Senate President or the Speaker and the Secretary and approved by the President

Approval of BillsThree methods:1. When the president signs it2. When the president vetoes it but the veto is overridden by two-thirds vote of all members of each chamber3. When the president does not act upon the measure within thirty days after it shall have presented to him

Presidential veto the president may disapprove or veto a measure upon any ground sufficient for him, as where he considers it unconstitutional or merely inefficacious or unwise.

Pocket veto - disapproval of a bill by inaction on his part. The failure of the President to communicate his veto of any bill represented to him within 30 days after the receipt thereof automatically causes the bill to become a law.

Item veto - special form of veto that authorizes a chief executive to reject particular provisions of a bill enacted by a legislature without vetoing the entire bill - Bengzon v. Drilon, 208 SCRA 133 Legislative veto; one-house veto - refers to the power of a legislature, or one house of a bicameral legislature, to nullify an action of the executive authority.

- Immigration Service v. Chadha, 462 US 919, 77 L.Ed.2d 317 - Phil. Constitution Association v. Enriquez, 235 SCRA 506 Power of the PurseImplied limitations on appropriation measureAppropriation statute primary and specific purpose of which is to authorize the release of public funds from the treasury. Appropriation must be devoted solely for public purpose The sum authorized to be released must be determinate or at least determinable. - Guingona v. Carague, 196 SCRA 221Constitutional limitations and rules All appropriation bills shall originate from the HOR Discretionary funds appropriated for a particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law. Riders non-appropriation item inserted in an appropriation measure in violation of the constitutional inhibition against it. Sub rosa appropriation adoption of appropriations in which the public was unable to ascertain the purposes and exact amount of outlay for the operations of the congress and the allowances of its members. Prohibition against transfer of appropriation - Phil. Constitution Association v. Enriquez, 235 SCRA 506

Power of TaxationPurpose: Pay debts and provide for the common defense and general warfare; Raise revenue; Instrument of national and social policy; Instrument for extermination of undesirable acts and enterprises; Tool for regulation; Imposition of tariffs designed to encourage and protect locally produced goods against competition for imports Tax laws must be for private purposeExemptions: Religious, charitable, educational institutions and their properties Special Funds Money collected on a tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. Once the special purpose is fulfilled or abandoned, any balance shall be transferred to the general funds of the Government - McCulloch v. Maryland, 17 US (4 Wheat, 316) Power of Legislative InvestigationRequisites: Must be in aid of legislation In accordance with duly published rules of procedure Right of persons appearing in of affected by such inquiries shall be respectedAdditional limitation: Executive Privilege(Refer to Chap 4, III)- Senate v. Ermita (E.O.464), G.R. No. 169777 - Bengzon v. Senate Blue Ribbon Committee, 203 SCRA 767- Neri vs. Senate G.R. No. 180643 March 25, 2008

Power to Punish contempt - Arnault v. Nazareno, 87 Phil. 29 - Arnault v. Balagtas, 97 Phil. 358 Power to declare existence of state of warWar Powers (Sec 23 (1), Art VI) Congress in joint session assembled and voting separately shall have the sole power to declare the existence of war Philippines renounces war as an instrument of national policy Even though the legislature can declare existence of war and enact measures to support it, the actual power to make war is lodged nonetheless in the executive - The Prize cases, 67 US 635, 17 L.Ed. 459 - Mora v. McNamara, 389 US 934, 19 L.Ed.2d 287

Separation of Powers The separation of powers is a fundamental principle in our system of government

Check and balance Constitution has provided an elaborate system of checks an balances to secure coordination in the workings o the various departments of the government Example: Chief Executive under our constitution is so far made a check on the legislative power that this assent is required in the enactment of laws (Angara v. Electoral Commission) National Assembly can check the executive, in a sense that its consent through it Commission on Appointments; and the concurrence of a majority of all its members is essential to the commission treaty. Delegation of Powers Principle of non-delegation of powers is usually applied to legislative power General Rule: Delegation can no longer be delegated. Exception: Legislative power reserved to the people by the provision on initiative and referendum (Art. VI Sec. 1). Emergency power delegated Executive during the state of War or National Emergency (Art. VI Sec 23). Certain Taxing powers of the president (Art. VI Sec 28 par. 2). Subordinate legislation made by administrative agencies. Administrative law theory what is delegated is in fact not law making power but law executing power. Local government units may be allowed to legislate purely on local manners. Test of valid Delegation Completeness Test the law must be complete in all essential terms and conditions when it leaves the legislature do that there will be nothing left for the delegate to do when it reaches him except to enforce it. Ultra vires beyond the scope of its authority Sufficient standard test a roadmap given by congress to the delegate how to implement a particular duty.